tag:open.umn.edu,2005:/opentextbooks/subjects/contract-lawOpen Textbook Library - Procedural Law Textbooks2020-07-03T04:20:02Zhttps://open.umn.edu/assets/common/favicon/favicon-1594c2156c95ca22b1a0d803d547e5892bb0e351f682be842d64927ecda092e7.icohttps://open.umn.edu/assets/library/otl_logo-f9161d5c999f5852b38260727d49b4e7d7142fc707ec9596a5256a778f957ffc.png8652020-07-03T04:20:13Z2024-01-22T19:01:08ZProfessional Responsibility: An Open-Source Casebook<img alt="Read more about Professional Responsibility: An Open-Source Casebook" title="Professional Responsibility: An Open-Source Casebook cover image" class="cover " width="546" height="707" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6MTE4MCwicHVyIjoiYmxvYl9pZCJ9fQ==--22d7dd511d54dd9d7446882b0a20d47cfba9ec4f/profrespo.png" />We wanted this casebook to be as easy to use and understand as possible. Accordingly, we included not only cases, but also the text of the rules and restatements, as well as concise explanations of the relevant law. Each chapter of the book addresses a different issue, in the following format. First, it clearly and concisely explains the relevant law governing that issue. Then provides the relevant text of any statutes, Model Rules, sections of the Restatement of the Law Governing Lawyers, or other sources, with a link to an open-source versions of the full text, when available. It provides one or more heavily edited cases intended to illustrate the application of the law at issue, with a link to an open-source version of the full text of the case. Each case is preceded by a brief summary of its facts, reasoning, and holding, and followed by questions intended to indicate subjects for further investigation or discussion. And finally, it includes citations to law review articles and other materials relevant to the law at issue, with links to open-source versions of those materials, when available. This casebook covers a wide range of different subjects related to the professional responsibility of attorneys. While it is possible to cover all of this material in a three credit-hour course, you may wish to omit some subjects. You may also wish to supplement the materials in this casebook with additional materials. We encourage you to use this casebook in any way that you like.4982018-09-07T17:22:06Z2024-01-22T14:52:13ZIntroduction to Criminal Investigation: Processes, Practices and Thinking<img alt="Read more about Introduction to Criminal Investigation: Processes, Practices and Thinking" title="Introduction to Criminal Investigation: Processes, Practices and Thinking cover image" class="cover " width="867" height="1104" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6NDI2LCJwdXIiOiJibG9iX2lkIn19--646408e3b783f4e26a1c0511f804b16de95726b5/0000IntroCrim.png" />Introduction to Criminal Investigation, Processes, Practices, and Thinking is a teaching text designed to assist the student in developing their own structured mental map of processes, practices, and thinking to conduct criminal investigations. Delineating criminal investigation into operational descriptors of tactical-response and strategic response while using illustrations of task-skills and thinking-skills, the reader is guided into structured thinking practices. Using the graphic tools of a “Response Transition Matrix”, an “Investigative Funnel”, and the “STAIR Tool”, the reader is shown how to form their own mental map of investigative thinking that can later be articulated in support of forming their reasonable grounds to believe. Chapter 1 introduces criminal investigation as both a task process and a thinking process. This chapter outlines these concepts, rules, and processes with the goal of providing practical tools to ensure successful investigative processes and practices. Most importantly, this book informs the reader how to approach the investigative process using “investigative thinking.” Chapter 2 illustrates investigation by establishing an understanding of the operational forum in which it occurs. That forum is the criminal justice system and in particular, the court system. The investigative process exists within the statutory rules of law, including the Canadian Charter of Rights and Freedoms, and case law rulings adjudicated by the courts. Considering the existence of these conditions, obligations, and case law rules, there are many terms and concepts that an investigator needs to understand to function appropriately and effectively within the criminal justice system. The purpose of this chapter is to introduce some of the basic legal parameters and concepts of criminal justice within which the criminal investigation process takes place. Chapter 3 describes the functions and terms of “evidence”, as they relate to investigation. This speaks to a wide range of information sources that might eventually inform the court to prove or disprove points at issue before the trier of fact. Sources of evidence can include anything from the observations of witnesses to the examination and analysis of physical objects. It can even include the spatial relationships between people, places, and objects within the timeline of events. From the various forms of evidence, the court can draw inferences and reach conclusions to determine if a charge has been proven beyond a reasonable doubt. Considering the critical nature of evidence within the court system, there are a wide variety of definitions and protocols that have evolved to direct the way evidence is defined for consideration by the court. In this chapter, we look at some of the key definitions and protocols that an investigator should understand to carry out the investigative process. Chapter 4 breaks investigation down into logical steps, establishing a progression that can be followed and repeated to reach the desired results. The process of investigation can be effectively explained and learned in this manner. In this chapter the reader is introduced to various issues in the progression that relate to the process of investigation. Chapter 5 examines the operational processes of investigation. In this chapter we introduce the three big investigative errors along with graphic illustrations of “The Investigative Funnel” and the “S T A I R Tool” to illustrate how each of these concepts in the investigative progression. Chapter 6 provides the reader the opportunity to work through some investigative scenarios using the S T A I R Tool. These scenarios demonstrate the investigative awareness required to transition from the tactical investigative response to the strategic investigative response. Once in the strategic response mode the reader is challenged to practice applying theory development to conduct analysis of the evidence and information to create an investigative plan. This chapter presents two investigative scenarios each designed to illustrate different steps of the S T A I R tool allowing the student to recognize both the tactical and the strategic investigative responses and the implications of transitioning from the tactical to the strategic response. Chapter 7 illustrates the investigative practices of witness management. Witness statements will assist the investigator in forming reasonable grounds to lay a charge, and will assist the court in reaching a decision that the charge against an accused person has been proved beyond a reasonable doubt. It is important for an investigator to understand these practices as they allow an investigator to evaluate witnesses and collect witness evidence that will be acceptable to the courts. Chapter 8 describes crime scene management skills. These skills are an extremely significant task component of investigation because evidence that originates at the crime scene will provide a picture of events for the court to consider in its deliberations. That picture will be composed of witness testimony, crime scene photographs, physical exhibits, and the analysis of those exhibits, along with the analysis of the crime scene itself. From this chapter, the reader will learn the task processes and protocols for several important issues in crime scene management. Chapter 9 examines the interviewing, questioning, and interrogation techniques police use to aid them in investigations. The courts expect police to exercise high standards using practices that focus on the rights of the accused person, and minimize any physical or mental anguish that might cause a false confession. In meeting these expectations, the challenges of suspect questioning and interrogation can be complex, and many police agencies have trained interrogators and polygraph operators who undertake the interrogation of suspects for major criminal cases. But not every investigation qualifies as a major case, and frontline police investigators are challenged to undertake the tasks of interviewing, questioning, and interrogating possible suspects daily. The challenge for police is that the questioning of a suspect and the subsequent confession can be compromised by flawed interviewing, questioning, or interrogation practices. Understanding the correct processes and the legal parameters can make the difference between having a suspect's confession accepted as evidence by the court or not. Chapter 10 examines various forensic sciences and the application of forensic sciences as practical tools to assist police in conducting investigations. As we noted in Chapter 1, it is not necessary for an investigator to be an expert in any of the forensic sciences; however, it is important to have a sound understanding of forensic tools to call upon appropriate experts to deploy the correct tools when required. Chapter 11 summarizes the learning objectives of this text and suggests investigative learning topics for the reader going forward. Many topics relative to investigative practices have not been covered here as part of the core knowledge requirements for a new investigator. These topics include: Major Case ManagementInformant and confidential source managementUndercover investigationsSpecialized team investigations1142018-09-07T17:21:44Z2024-01-22T14:52:13ZCivil Procedure: Pleading<img alt="Read more about Civil Procedure: Pleading" title="Civil Procedure: Pleading cover image" class="cover " width="958" height="1278" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6OTcsInB1ciI6ImJsb2JfaWQifX0=--8df84cc1542323f64898f711519d3f90f74900e2/0000CivilProc.png" />This chapter covers the Civil Procedure topic of Pleading: The Plaintiff‘s Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure. Faculty materials available: This eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these faculty-only materials by logging in to eLangdell with their normal cali.org username and password. Contact CALI if you have questions. This chapter covers the Civil Procedure topic of Pleading: The Plaintiff's Complaint. The chapter takes approximately four class periods to cover in detail. The student is exposed to cases, presented with questions that are designed to both guide class discussion and to help the student focus his reading of the materials, pleadings from cases, and the applicable Federal Rules of Civil Procedure. There are two accompanying files available only to faculty who are registered at cali.org (registration is free for faculty at CALI member schools): a Teaching Manual and a Supplemental Material document. The Supplemental Material should be distributed to students at the appropriate point in the unit. Please see the Teaching Manual for details.1132018-09-07T17:21:44Z2024-01-22T14:52:13ZComputer-Aided Exercises in Civil Procedure - 7th Edition<img alt="Read more about Computer-Aided Exercises in Civil Procedure - 7th Edition" title="Computer-Aided Exercises in Civil Procedure - 7th Edition cover image" class="cover " width="900" height="1209" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6OTYsInB1ciI6ImJsb2JfaWQifX0=--f391b2732f55e84fc38ba88252843b66c3162162/0000ComAidExe.png" />The sixth edition, first published as an ebook, and this seventh edition carry forward the philosophy and structure of the earlier editions. This book is not a comprehensive treatise on the subject of civil procedure, yet it provides a mixture of expository text, cases, and self-testing questions in nearly all of the major areas of the subject. In order to maximize accessibility, flexibility, and compatibility of the book, the authors have chosen CALI's eLangdell Press to publish and distribute the sixth edition (as chapters) and this revised seventh (as a complete book) electronically with a Creative Commons license. Publishing a law textbook electronically with far fewer restrictions than most commercial books and using a somewhat new, boutique outfit such as eLangdell Press is an unconventional choice, to say the least. But the authors share the eLangdell vision of more flexible teaching materials for professors and more cost-effective books for students. Professors may now edit and remix this work to match their teaching without worry of copyright infringement. Students may now adopt this book, read it using any number of software or devices, and even print it - all for free. The book's authors, like its publishers, believe that this new book model represents an important and long overdue step forward in the way law school books are published. All the exercises have been substantially revised for this edition. The individual exercises also are reorganized and expanded so that they follow a more standardized pattern: expository text on the topic area, work-book questions, and introduction to the related online CALI lessons. This book, and the accompanying interactive exercises known as CALI Lessons available online through the Center for Computer-Assisted Legal Instruction (CALI) at www.cali.org, are intended to provide a challenging educational experience. For each exercise, students should read the text in this book and answer the questions before accessing the rest of the exercise online. Professors choosing to assign only some of the exercises - or students looking for additional work only in certain areas of the subject - may especially want to consider these exercises and lessons: Exercise Two: Jurisdiction (Jurisdiction & Venue and Jurisdiction Over the Person); Exercise Three: Pleading a Complaint; Exercise Five: Motions to Dismiss and Waiver under Federal Rule 12; Exercise Six: Joinder and Supplemental Jurisdiction (An Exercise in Civil Procedure, Review of Joinder Concepts, Joinder of Claims and Parties, and An Interpleader Primer); Exercise Eight: Summary Judgment; and Exercise Eleven: Preclusion. Additionally, Exercise One: Holding and Dicta in the Context of a Diversity Case is an excellent introduction to legal method. The first two editions of this book, by Roger Park, included Exercise One: Holding and Dicta in the Context of a Diversity Case, Exercise Two: Jurisdiction, Exercise Three: Pleading a Complaint, Exercise Four: Demurrers and Judgments on the Pleadings, Exercise Five: Motions to Dismiss and Waiver Under Rule 12, Exercise Nine: Judgment as a Matter of Law, and Exercise Ten: Evidence for Civil Procedure Students. For the last five editions of this book, Douglas McFarland has edited the above exercises and added Exercise Six: Joinder and Supplemental Jurisdiction, Exercise Seven: Discovery, Exercise Eight: Summary Judgment, and Exercise Eleven: Preclusion. Accordingly, the book has become more comprehensive, expanding from seven to eleven exercises. Of course, each new edition incorporates changes and updates in procedural law. All of the information necessary to prepare for an interactive exercise is contained in this book. Reference to additional materials may be useful, but is not necessary. Each exercise can be assigned separately. No exercise is a prerequisite for another. In fact, students will find the expository material and work-book questions in each exercise independently valuable even without completing the CALI lesson for that chapter. The CALI lessons are valuable either to provide additional understanding and self-testing of subjects discussed in class or as primary substitutes for areas not covered in depth in class. In general, the interactive, online exercises follow a non-linear branching format. They seek to present challenges and questions instead of rote learning or leading students through an error-free educational experience. Although the exercises eventually evaluate student answers, they sometimes eschew immediate feedback in favor of the development of a line of questions. The ideal is the creation of a classroom-like Socratic dialogue. For a description of general goals and educational theory of the exercises, see Roger C. Park & Russell Burris, Computer-Aided Legal Instruction in Law: Theories, Techniques, and Trepidations, 1978 Am. B. Found. Res. J. 1. This book and accompanying exercises cannot reproduce the spontaneity and flexibility of the live classroom, but they can be a useful supplement. They require an active learning process in which students respond to questions dozens of times during each hour of instruction, and receive prompt evaluation of their answers. Another benefit of computer-aided instruction—and the phrase “computer-aided” is used loosely here and in the title of this book; the exercises are compatible with many non-computer devices such as tablets and smartphones—is its “individualized” nature. Law professors and students should not take this literally, however. Surveys administered at several law schools indicate that an overwhelming majority of students believe that the exercises are more valuable when done in pairs or threes instead of alone. Students who do the exercises with a partner are more likely to consider their responses carefully and to enjoy the experience. They also have lively discussions about what their response should be and why the computer responded as it did. As with previous editions, we continue to welcome and solicit comments from professors and students about the book and the accompanying exercises.1182018-09-07T17:21:44Z2024-01-22T14:52:09ZFederal Rules of Civil Procedure<img alt="Read more about Federal Rules of Civil Procedure" title="Federal Rules of Civil Procedure cover image" class="cover " width="193" height="250" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6MTAxLCJwdXIiOiJibG9iX2lkIn19--cf842729a59d4c1c73ae404875382b4cbc6cfbe9/0000Procedure.png" />These are the Federal Rules of Civil Procedure (FRCP) as amended to December 01, 2016. The FRCP govern civil proceedings in the United States district courts and are often the foundation for the standard 1L law school course, Civil Procedure.1082018-09-07T17:21:44Z2024-01-22T14:51:55ZEvidence: Jury Impeachment<img alt="Read more about Evidence: Jury Impeachment" title="Evidence: Jury Impeachment cover image" class="cover " width="913" height="1216" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6OTEsInB1ciI6ImJsb2JfaWQifX0=--bb8bdab237fa7c09d23300b5e86290740ed018d9/0000EviJurImp.png" />The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any jury impeachment issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI if you have questions.1092018-09-07T17:21:44Z2024-01-22T14:51:55ZEvidence: Rape Shield Rule<img alt="Read more about Evidence: Rape Shield Rule" title="Evidence: Rape Shield Rule cover image" class="cover " width="188" height="250" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6OTIsInB1ciI6ImJsb2JfaWQifX0=--d5b6590e31144ed6e56329dd6980e64147039a74/0000EviRapShi.png" />The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and hypotheticals drawn from actual cases, this chapter gives readers a roadmap for how to address any Rape Shield Rule issue in practice. Faculty materials also available: In addition to the free, open learning materials for students listed above, this eLangdell chapter includes a teacher's manual. Faculty and staff at CALI member schools can access these materials by logging in to eLangdell with a cali.org username and password. Contact CALI if you have questions.1152018-09-07T17:21:44Z2024-01-22T14:52:13ZFederal Rules of Bankruptcy Procedure<img alt="Read more about Federal Rules of Bankruptcy Procedure" title="Federal Rules of Bankruptcy Procedure cover image" class="cover " width="301" height="382" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6OTgsInB1ciI6ImJsb2JfaWQifX0=--f5e2072d569ec5a742774d68c64c3f60b5ef4cb7/0000USBankrup.png" />The Federal Rules of Bankruptcy Procedure appear in the Appendix to Title 11 of the United State Code. This publication was made with data provided by the United States government on the Office of Law Revision Counsel Bulk US Code. This title is current through July 31, 2014.1172018-09-07T17:21:44Z2024-01-22T14:52:13ZFederal Rules of Criminal Procedure<img alt="Read more about Federal Rules of Criminal Procedure" title="Federal Rules of Criminal Procedure cover image" class="cover " width="302" height="400" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6MTAwLCJwdXIiOiJibG9iX2lkIn19--2e576315ea6af673ed84ea4395121b8d4da96d02/0000CriminalP.png" />This series of Federal Rules books, consisting of the Federal Rules of Evidence, Criminal Procedure and Civil Procedure, are powered by the Legal Information Institute at Cornell Law School, and created in partnership with The Center for Computer-Assisted Legal Instruction (CALI).These rules govern the conduct of all criminal proceedings brought in Federal courts. Our Federal Rules ebooks include: The complete rules as of December 1, 2012 (for the 2013 edition). All notes of the Advisory Committee following each rule. Internal links to rules referenced within the rules. External links to the LII website's version of the US Code.1162018-09-07T17:21:44Z2024-01-22T14:52:09ZFederal Rules of Evidence<img alt="Read more about Federal Rules of Evidence" title="Federal Rules of Evidence cover image" class="cover " width="193" height="250" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6OTksInB1ciI6ImJsb2JfaWQifX0=--6733c6e32557c8d5e322061966fb17da94cf00c7/0000REvidence.png" />These are the Federal Rules of Evidence (FRE) as effective December 01, 2016. The FRE govern the introduction of evidence in civil and criminal trials in United States federal courts. These Rules are often the foundation for the standard upper level law school course in Evidence.
https://open.umn.edu/opentextbooks/subjects/contract-law?page=2