The O.J. Simpson trial. The Lindbergh kidnapping. The death of Marilyn Monroe. The assassination of the Romanovs. The Atlanta child murders. All controversial cases. All investigated with the latest techniques in forensic science. Nationally respected investigators Joe Nickell and John Fischer explain the science behind the criminal investigations that have captured the nation's attention. Crime Science is the only comprehensive guide to forensics. Without being overly technical or treating scientific techniques superficially, the authors introduce readers to the work of firearms experts, document examiners, fingerprint technicians, medical examiners, and forensic anthropologists. Each topic is treated in a separate chapter, in a clear and understandable style. Nickell and Fisher describe fingerprint classification and autopsies, explain how fibers link victims to their killers, and examine the science underlying DNA profiling and toxicological analysis. From weapons analysis...

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Criminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers will have an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this twelfth edition provides many updates, new references to recent cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online interactive case studies. Teacher resources include Instructor's Guide,...

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"Criminal Evidentiary Foundations tells you with precision how to lay foundations for your most critical evidence to be admitted in a criminal trial. Expert authors Edward J. Imwinkelried and Daniel D. Blinka quide you through converting abstract evidentiary doctrine into concrete lines of questioning, with phrasing of questions on direct and cross-examination explained in detail and hundreds of sample foundational questions adapted to specific criminal cases." -publisher's description

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Ethics courses are a vital component of forensic science degree programs, and Ethical Justice is a resource specifically designed for instructors and students of forensic science and criminology. Case-based, and emphasizing practical ethical issues as opposed to ethics theory, this book provides a solid foundation in ethical dilemmas that can confront both students and professionals in the field. Encompassing issues arising in academia, law enforcement, and court and corrections systems, Ethical Justice is an inclusive, relevant work in applied ethics written by practitioners who also teach forensic science and criminology. Serves as a valuable text for ethics courses in forensic science and criminology, and provides case studies to illustrate issues in real-life situations.

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"Exculpatory Evidence, Fourth Edition offers a comprehensive study of the evolution of case law defining the scope of the constitutional right to present exculpatory evidence, which has been used to override virtually every type of evidentiary exclusionary rule. The authors point out incisive constitutional arguments and effective trial defense strategies to foil evidentiary privileges and put the prosecution on guard." -pulisher's description

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Eyewitness Testimony uses psychological principles to examine the potential for erroneous eyewitness testimony, and applies them practically to the entire life of a lawsuit, from witness interviews, through discovery and motions practice, and all stages of trial, to closing arguments and the verdict.

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In nearly every criminal case, information is at a premium for both sides. Discovery plays a major role in federal criminal cases as it includes recordings, documents, electronic data, or tangible objects as well as unwritten information such as witness statements that have not been recorded or memorialized in writing. The rare value of information in a criminal case lies partly in its inaccessibility, as the parties' right to discovery is relatively narrow. Because discovery rights in charged criminal cases are limited, the parties often must litigate vigorously and creatively to obtain significant information. Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while exami…

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This book examines the constitutionalization of criminal procedure and focuses on various investigative procedures.

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This title, available online through West Academic, examines how various landmark decisions and other more nuanced cases shape the way the Fourth, Fifth, and Sixth Amendments can influence criminal investigations. With chapters on probable cause, search warrants, and right to counsel, this title is designed to supply attorneys and law students with a “comprehensive though concise” treatise.

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The Antitrust Discovery Handbook, Third Edition, provides a comprehensive resource regarding discovery in private antitrust suits within the United States. The Handbook is addressed both to practitioners who spend significant time counseling clients and litigating discovery issues in antitrust suits, as well as to the general practitioner seeking guidance on these issues. This edition provides three brand new chapters: • Strategic Considerations for Multidistrict Litigation, • Obtaining Documents and Testimony Presented before a Grand Jury, • and Foreign Discovery Issues. In addition, the earlier chapters have been updated to include recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. In particular, the chapter on electronic discovery has been substantially updated to reflect recent trends in the applicable caselaw, as well as the explosion of newer forms of communication, such as instant messages and text messages.

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Learn how to extract key financial information in discovery with The Business Tax Return Handbook. A companion volume to bestselling 1040 Handbook, this is an invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases. A variety of hypothetical examples using 2008 business returns are used to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses. This line-by-line guide can be used as a complete introduction to the family law aspects of business tax returns or as a quick reference for lawyers who want to concentrate on particular areas of business taxation. The author discusses fundamental tax issues that impact on family law matters and offer comments to explain line items and statements for all four types of business tax returns. Topics covered include: —Using key business and tax terms …

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"Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research." - publisher's description

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This volume is an index guide to the Consumer Law Pleadings that are available on the National Consumer Law Center's website. Please note that the NCLC's website can only be accessed using the library's computers. Pleadings in this index are arranged by type, by subject, by legal claim, and by title. Pleading subjects include advertising, arbitration, attorney fees, bankruptcy, campground membership, collection suits, credit reporting, exempt funds, fringe lending, home improvement, insurance, and many more. Access to the companion website is available from the National Consumer Law Center database.

Note: To view online, click on its title from the NCLC website homepage. Or click on “My NCLC” and browse for it by title.

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"This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed." -publisher's description

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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evide…

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Discovery is critical to achieving success in resolving disputes, even if the case is never tried to verdict, as is typical with construction disputes. This deskbook outlines the discovery process as it pertains to the unique nature of construction disputes, from its inception prior to formal litigation, to the planning and conduct of discovery through the classic means of document production, interrogatories and depositions.

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Discovery Practice gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process.

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Today|lawyers and clients devote a great deal of time|effort and expense to discovery. More often than not|discovery|and not trial|is the central battleground of a case. The need for analytical and strategic guidance on problems related to discovery is essential|as much of it is handled by relatively inexperienced lawyers|and in the case of document production|by legal assistants. Discovery is the inescapable|enduring feature of modern civil litigation. Since 1960|the United States civil justice system has witnessed a litigation explosion and trial implosion. The number of cases has skyrocketed|but the number of trials has declined -- both proportionately and|in federal court|absolutely. Putting aside all other issues raised by the vanishing trial phenomenon|it clearly accentuates the critical importance of discovery. Parties evaluate cases|and make judgments about settlement value and other disposition techniques|in light of the evidence gathered in discovery. Effective discovery is c…

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Today, lawyers and clients devote a great deal of time, effort, and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. Most civil lawsuits in federal court end before trial, either by pretrial settlement or on dispositive motion. In either case, the fruits of discovery can be critical to the outcome. The need for analytical and strategic guidance on problems in discovery is heightened by the fact that much of it is handled by relatively inexperienced lawyers, and in the case of document production, legal assistants. Effective discovery is crucial. This book is written to address that need. It describes the problems that civil litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a background discussion on the scope and types of discovery, discovery problems are presented as hypotheticals (many of which the authors have encountered in their experien…

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"Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations—in short, everything the practitioner needs to master the use of e-discovery." - publisher's description

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This book provides a handy overview of the rules that must be followed when collecting and presenting electronic evidence in court, including ethical issues and the admissibility of digital evidence.

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" Face your deposition without fear using this comprehensive guide. Getting deposed? Conducting a deposition? Here's the book you need to take the mystery out of the deposition process and answer questions with confidence. You'll even learn the three "golden rules" for answering questions and the trick questions lawyers often use to influence testimony. A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, read new material on "electronic discovery", which applies to information stored in computers, including records and emails."

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This title examines the more formal part of the criminal process, from bail to post-conviction review.

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"Witness Preparation shows how to prepare any kind of witness, lay or expert, party or hostile. You'll also find detailed coverage of relevant office procedures, how to learn each witness' story, how to prepare the witness for discovery and deposition, plus many practical features including: color photographs illustrating principles of witness attitude and appearance; checklists for both witness and attorney in civil and criminal cases; form letters and other sample documents." -publisher's description

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In the short span of a decade and a half, the practice of discovery of writings, recordings, photographs, and other non-testimonial evidence in civil cases in state and federal courts has transformed from one that was based almost entirely on the manual retrieval, review and production of tangible documents by lawyers and paralegals to one that is almost entirely dependent on accessing, searching, reviewing and producing digital or computer-generated information. The "digital explosion" has required fundamental revisions to the Federal Rules of Civil Procedure, first in 2006, and most recently in 2015, and even more fundamental changes in how lawyers and judges must think about discovery in civil cases. Along the way, many participants in the process of civil litigation felt as though they were called on to engage in a battle of wits for which they were unarmed—lacking the technical know-how to survive. While the newest members of the legal profession typically have greater knowl…

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"Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need." -publisher's description

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"Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations—in short, everything the practitioner needs to master the use of e-discovery." - publisher's description

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This book provides a handy overview of the rules that must be followed when collecting and presenting electronic evidence in court, including ethical issues and the admissibility of digital evidence.

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As organizations create increasing amounts of digital data, electronic discovery costs for lawyers can skyrocket. For firms with limited technology budgets, or cases with small amounts of electronically stored information (ESI), e-discovery can be challenging. Electronic Discovery for Small Cases offers effective, budget-friendly solutions for collecting, viewing, and analyzing electronic evidence that will benefit any litigator. With an overview of e-discovery techniques and extensive reviews of software products, this book will help you:  •  Determine if you should collect ESI yourself or hire a consultant  •  Select the best--and most user-friendly--collection tool for your budget  •  Make the most of your e-discovery software with step-by-step guidance  •  Process, view, search, and analyze a mixed collection of files  •  Learn about affordable cloud-based applications for litigation support  •&nbs…

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? Issues of access to and the forensic use of electronic evidence are front and center to our social agenda—and nowhere are those issues more complicated than in family law. Who but a spouse knows your passwords and may share legal title to the accounts that control your family's information? This state-of-the-art book explains the complexities of evidence as well as how to effectively integrate this knowledge into your family law practice. The authors put this information in clear terms for lawyers who must speak about these issues with clients, with expert witnesses who command vast knowledge of the field, and with judges who may have little familiarity with the subject beyond sending and receiving e-mail.

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The legal landscape, and litigation, have changed markedly in the last decade. Venerable concepts, like the duty to preserve relevant information, production and review of discoverable information, authentication, and introduction of evidence, have had to adapt to email, metadata, thumb drives, "smart phones," the internet, web pages and more. The explosion of information itself sometimes paradoxically has made clear, neutral guidance difficult to find. This book identifies the key issues related to ESI--pre-litigation management, preservation, collection, processing, review, production, and use in deposition and at trial--and provides clear, practical guidance to litigators. The book is divided into eight parts that follow the sequence from the pre-litigation stage through trial. This book is designed to help litigators learn new vocabulary and techniques, and master and apply important legal principles, for preserving, collecting, processing, reviewing, producing, and using ESI in l…

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Reliance on manual and keyword search methods alone is increasingly seen as inadequate for searching large volumes of information. There are concerns about the accuracy and efficiency of these methods, especially as compared with more advanced search techniques. This book provides a set of perspectives on predictive coding and other advanced search techniques, as they are used today by lawyers in pursuit of e-discovery, in investigations, and in other legal contexts, such as information governance. There is something in this book for everyone—novices, seasoned e-discovery practitioners, litigators, business lawyers, and technologists. It is meant to appeal both to practitioners who are seeking basic knowledge of what predictive coding and other advanced search methods are all about, as well as to those members of the legal community who are "inside the bubble" of e-discovery already and wish to gain further insight into the latest thinking on advanced search techniques from leadi…

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A forensic autopsy is a classic function of the police power of the state. The results of the autopsy can be essential evidence in the prosecution of a crime. Such evidence is also necessary in civil cases where tort liability is a key element of a case. Without a firm cause or manner of death, it may be very difficult to link an individual's actions to a death for culpability to attach. The forensic autopsy provides this causal link with a systematic medical examination of the decedent to detect natural diseases and traumatic injuries. This enables the pathologist to conclude what caused the death and how the person s demise occurred. Attorneys must be aware of the methods that may be critical in accurately establishing the cause and manner of death, including histology, radiology, microbiology, toxicology, serology, and special forensic laboratory testing. They need also be able to recognize the strengths and limitations of the procedure and how they fit into a case. ABA Medical-Lega…

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The O.J. Simpson trial. The Lindbergh kidnapping. The death of Marilyn Monroe. The assassination of the Romanovs. The Atlanta child murders. All controversial cases. All investigated with the latest techniques in forensic science. Nationally respected investigators Joe Nickell and John Fischer explain the science behind the criminal investigations that have captured the nation's attention. Crime Science is the only comprehensive guide to forensics. Without being overly technical or treating scientific techniques superficially, the authors introduce readers to the work of firearms experts, document examiners, fingerprint technicians, medical examiners, and forensic anthropologists. Each topic is treated in a separate chapter, in a clear and understandable style. Nickell and Fisher describe fingerprint classification and autopsies, explain how fibers link victims to their killers, and examine the science underlying DNA profiling and toxicological analysis. From weapons analysis...

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Examines the impact of DNA technology on issues of ethics, civil liberties, privacy, and security.

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The book describes and evaluates various kinds of forensic evidence, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, bloodstain evidence, and the “CSI” effect in juries.

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Expert witness books tend to be dry and strictly formulative in style. Most provide lists of evidence rules (in mind-numbing legalese) and tips about being clever and convincing in court. You won't find much of that in Forensic Testimony: Science, Law and Forensic Evidence. His book focuses on the responsibilities of witnesses going into courts to speak on their forensic technical expertise and analyses. Forensic Testimony does have a broad view of legal terms and vocabulary available as a glossary, but each of the 12 chapters take on the hard subjects present in today's cases, courtrooms, and news media. Information regarding "junk? versus "established or validated? forensic subjects. These topics are sharply discussed and cover subjects such as forensic fraud, forensic negligence, and incompetence. So expect the "good? with the "bad? as this book shows why the NAS 2009 report of "Strengthening Forensic Science in the United States" has been singularly...

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Since the discovery of heredity more than 150 years ago, developments in the science of genetics have increased exponentially. The use of DNA in 1986 was arguably the most significant advancement in forensics since the use of fingerprints. Genetics: A Handbook for Lawyers, Second Edition explores the implications of recent discoveries in the field of genetics, with easy-to-understand discussions of the science and its application in real cases. Dr. A. Jamie Cuticchia, who holds both a PhD in genetics and a JD, walks you through everything you need to know, whether you're a litigator, family or health lawyer, patent attorney, or law student, including: Molecular Biology History of Genetics Cutting Edge Technology and Evidentiary Value Role of Genetics in Health Forensic Collection and Analysis of DNA Paternity Testing Consumer Genetics Computational Tools to Validate Data Ethical Issues Discrimination Malpractice Intellectual Property Explaining Genetic Issues to a Jury The informat…

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Investigate the long and fascinating history of modern forensic science with this engaging book.

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"The Reference Manual on Scientific Evidence, Third Edition assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used." - from the publisher

1994, first edition (superseded): https://www.fjc.gov/content/321619/reference-manual-scientific-evidence-first-edition-superseded

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"In eight long chapters, lawyers and natural and social scientists explore the use of scientific evidence in litigation cases. They cover the standards of admissibility of scientific and technical evidence; finding, hiring, and supporting scientific experts in complex scientific evidence cases; the scientific expert's approaches to litigation testimony; discovery; pretrial preparation; defensive litigation strategy; the trial; and scientific evidence in criminal cases." -publisher's description

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A forensic autopsy is a classic function of the police power of the state. The results of the autopsy can be essential evidence in the prosecution of a crime. Such evidence is also necessary in civil cases where tort liability is a key element of a case. Without a firm cause or manner of death, it may be very difficult to link an individual's actions to a death for culpability to attach. The forensic autopsy provides this causal link with a systematic medical examination of the decedent to detect natural diseases and traumatic injuries. This enables the pathologist to conclude what caused the death and how the person s demise occurred. Attorneys must be aware of the methods that may be critical in accurately establishing the cause and manner of death, including histology, radiology, microbiology, toxicology, serology, and special forensic laboratory testing. They need also be able to recognize the strengths and limitations of the procedure and how they fit into a case. ABA Medical-Lega…

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The Antitrust Discovery Handbook, Third Edition, provides a comprehensive resource regarding discovery in private antitrust suits within the United States. The Handbook is addressed both to practitioners who spend significant time counseling clients and litigating discovery issues in antitrust suits, as well as to the general practitioner seeking guidance on these issues. This edition provides three brand new chapters: • Strategic Considerations for Multidistrict Litigation, • Obtaining Documents and Testimony Presented before a Grand Jury, • and Foreign Discovery Issues. In addition, the earlier chapters have been updated to include recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. In particular, the chapter on electronic discovery has been substantially updated to reflect recent trends in the applicable caselaw, as well as the explosion of newer forms of communication, such as instant messages and text messages.

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?Antitrust Evidence Handbook is a reference guide to evidentiary issues that arise in antitrust matters. It includes many new authorities and updates since the last edition was published 12 years ago, including an entirely new chapter dealing with electronically stored information. This handbook is intended to provide antitrust practitioners with a quick reference source on evidentiary issues that arise frequently in antitrust cases. It is organized in outline form so that information can be located quickly. The goal of this handbook is not only to provide a useful reference tool, but one that provides on-the-spot answers when evidentiary questions arise.

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"Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entrée into deeper research." - publisher's description

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This volume is an index guide to the Consumer Law Pleadings that are available on the National Consumer Law Center's website. Please note that the NCLC's website can only be accessed using the library's computers. Pleadings in this index are arranged by type, by subject, by legal claim, and by title. Pleading subjects include advertising, arbitration, attorney fees, bankruptcy, campground membership, collection suits, credit reporting, exempt funds, fringe lending, home improvement, insurance, and many more. Access to the companion website is available from the National Consumer Law Center database.

Note: To view online, click on its title from the NCLC website homepage. Or click on “My NCLC” and browse for it by title.

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The O.J. Simpson trial. The Lindbergh kidnapping. The death of Marilyn Monroe. The assassination of the Romanovs. The Atlanta child murders. All controversial cases. All investigated with the latest techniques in forensic science. Nationally respected investigators Joe Nickell and John Fischer explain the science behind the criminal investigations that have captured the nation's attention. Crime Science is the only comprehensive guide to forensics. Without being overly technical or treating scientific techniques superficially, the authors introduce readers to the work of firearms experts, document examiners, fingerprint technicians, medical examiners, and forensic anthropologists. Each topic is treated in a separate chapter, in a clear and understandable style. Nickell and Fisher describe fingerprint classification and autopsies, explain how fibers link victims to their killers, and examine the science underlying DNA profiling and toxicological analysis. From weapons analysis...

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Criminal Evidence is a well-respected and trusted introduction to the rules of criminal evidence for criminal justice students and professionals. The first half of this book follows the Federal Rules of Evidence in its explanation of how evidence is collected, preserved, and presented in criminal court. The second half provides a selection of relevant criminal court cases that reinforce these basics and provide the context of how these rules are currently practiced. Readers will have an understanding of how concepts of evidence operate to convict the guilty and acquit the innocent. Part of the John C. Klotter Justice Administration Legal Series, this twelfth edition provides many updates, new references to recent cases, and a current version of the Federal Rules of Evidence. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online interactive case studies. Teacher resources include Instructor's Guide,...

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"Criminal Evidentiary Foundations tells you with precision how to lay foundations for your most critical evidence to be admitted in a criminal trial. Expert authors Edward J. Imwinkelried and Daniel D. Blinka quide you through converting abstract evidentiary doctrine into concrete lines of questioning, with phrasing of questions on direct and cross-examination explained in detail and hundreds of sample foundational questions adapted to specific criminal cases." -publisher's description

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Cross Examination in a Nutshell focuses on the use of storytelling as a technique for delivering an effective cross examination. With chapters on structure, preparation, and presentation, it provides a new approach that can be tailored to many different legal situations.

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"This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed." -publisher's description

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A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility.

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Civil litigation in the United States is becoming an increasingly international practice, requiring litigants and courts to apply foreign and international law in order to resolve domestic cases. Discovery is one of the principal areas of civil litigation that requires collaboration across national lines and efficacy of court orders beyond jurisdictional boundaries. Although central to the practice of civil litigation in the United States, discovery is virtually unknown in most civil law jurisdictions, which creates a problem for obtaining necessary evidence from these countries. This book considers the procedures for obtaining evidence in the United States through the Federal Rules of Civil Procedure and the Hague Evidence Convention. The book then describes, in successive chapters organized by jurisdiction, the laws that enable foreign litigants to obtain evidence in the respective countries. Each chapter discusses the controlling law on foreign discovery, including the type of evide…

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Discovery is critical to achieving success in resolving disputes, even if the case is never tried to verdict, as is typical with construction disputes. This deskbook outlines the discovery process as it pertains to the unique nature of construction disputes, from its inception prior to formal litigation, to the planning and conduct of discovery through the classic means of document production, interrogatories and depositions.

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Discovery Practice gives you hard-nosed, trial-tested guidance through all the intricacies of what to do, whether to do it, and how to do it -- at every stage of the discovery process.

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Today|lawyers and clients devote a great deal of time|effort and expense to discovery. More often than not|discovery|and not trial|is the central battleground of a case. The need for analytical and strategic guidance on problems related to discovery is essential|as much of it is handled by relatively inexperienced lawyers|and in the case of document production|by legal assistants. Discovery is the inescapable|enduring feature of modern civil litigation. Since 1960|the United States civil justice system has witnessed a litigation explosion and trial implosion. The number of cases has skyrocketed|but the number of trials has declined -- both proportionately and|in federal court|absolutely. Putting aside all other issues raised by the vanishing trial phenomenon|it clearly accentuates the critical importance of discovery. Parties evaluate cases|and make judgments about settlement value and other disposition techniques|in light of the evidence gathered in discovery. Effective discovery is c…

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Today, lawyers and clients devote a great deal of time, effort, and expense to discovery. More often than not, discovery, and not trial, is the central battleground of a case. Most civil lawsuits in federal court end before trial, either by pretrial settlement or on dispositive motion. In either case, the fruits of discovery can be critical to the outcome. The need for analytical and strategic guidance on problems in discovery is heightened by the fact that much of it is handled by relatively inexperienced lawyers, and in the case of document production, legal assistants. Effective discovery is crucial. This book is written to address that need. It describes the problems that civil litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a background discussion on the scope and types of discovery, discovery problems are presented as hypotheticals (many of which the authors have encountered in their experien…

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Examines the impact of DNA technology on issues of ethics, civil liberties, privacy, and security.

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In the short span of a decade and a half, the practice of discovery of writings, recordings, photographs, and other non-testimonial evidence in civil cases in state and federal courts has transformed from one that was based almost entirely on the manual retrieval, review and production of tangible documents by lawyers and paralegals to one that is almost entirely dependent on accessing, searching, reviewing and producing digital or computer-generated information. The "digital explosion" has required fundamental revisions to the Federal Rules of Civil Procedure, first in 2006, and most recently in 2015, and even more fundamental changes in how lawyers and judges must think about discovery in civil cases. Along the way, many participants in the process of civil litigation felt as though they were called on to engage in a battle of wits for which they were unarmed—lacking the technical know-how to survive. While the newest members of the legal profession typically have greater knowl…

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"Beginning with the basic rules governing discovery, this book discusses the legal and practical challenges involved in e-discovery, special evidentiary issues, when protective orders to limit electronic discovery may be issued, and strategic considerations—in short, everything the practitioner needs to master the use of e-discovery." - publisher's description

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"Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you re looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need." -publisher's description

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This book provides a handy overview of the rules that must be followed when collecting and presenting electronic evidence in court, including ethical issues and the admissibility of digital evidence.

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As organizations create increasing amounts of digital data, electronic discovery costs for lawyers can skyrocket. For firms with limited technology budgets, or cases with small amounts of electronically stored information (ESI), e-discovery can be challenging. Electronic Discovery for Small Cases offers effective, budget-friendly solutions for collecting, viewing, and analyzing electronic evidence that will benefit any litigator. With an overview of e-discovery techniques and extensive reviews of software products, this book will help you:  •  Determine if you should collect ESI yourself or hire a consultant  •  Select the best--and most user-friendly--collection tool for your budget  •  Make the most of your e-discovery software with step-by-step guidance  •  Process, view, search, and analyze a mixed collection of files  •  Learn about affordable cloud-based applications for litigation support  •&nbs…

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? Issues of access to and the forensic use of electronic evidence are front and center to our social agenda—and nowhere are those issues more complicated than in family law. Who but a spouse knows your passwords and may share legal title to the accounts that control your family's information? This state-of-the-art book explains the complexities of evidence as well as how to effectively integrate this knowledge into your family law practice. The authors put this information in clear terms for lawyers who must speak about these issues with clients, with expert witnesses who command vast knowledge of the field, and with judges who may have little familiarity with the subject beyond sending and receiving e-mail.

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Ethics courses are a vital component of forensic science degree programs, and Ethical Justice is a resource specifically designed for instructors and students of forensic science and criminology. Case-based, and emphasizing practical ethical issues as opposed to ethics theory, this book provides a solid foundation in ethical dilemmas that can confront both students and professionals in the field. Encompassing issues arising in academia, law enforcement, and court and corrections systems, Ethical Justice is an inclusive, relevant work in applied ethics written by practitioners who also teach forensic science and criminology. Serves as a valuable text for ethics courses in forensic science and criminology, and provides case studies to illustrate issues in real-life situations.

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In this valuable tool for litigators, Evidence: Practice Under the Rules provides a comprehensive yet easy-to-use guide to the Federal Rules of Evidence and their state counterparts. They explore a wide range of applications that are difficult or important in practice and suggest new approaches to surmount challenges.

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"The latest version of the Federal Rules is the anchor of this book, with some state variations noted where important. The text summarizes significant U.S. Supreme Court decisions, including the latest Confrontation Clause cases; additional leading cases; forefront expert, scientific, and electronic evidence developments; and principal schools of evidentiary thought. Includes practical implementation as well as scholarly approaches. It pays attention to the litigation process as a whole and includes interdisciplinary cross-pollination where helpful. Numerous signpost-type headings and subheadings light the way, concisely summarizing the gist of each evidentiary concept. The detailed table of contents alone could serve as a complete course outline. Distinctively, an analytical, thoughtful approach is emphasized throughout." - publisher's description

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"This Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses." - publisher's description

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"Covering all major evidentiary doctrines, the text provides a blueprint for introduction of evidence at trial. It enables the student to convert a sentence in the Federal Rules of Evidence into a line of questioning to be used at trial. A useful companion to a coursebook in Evidence or Trial Practice, Evidentiary Foundations enables the student to picture the manner in which the rules of evidence operate. After a brief narrative discussion, the book dissects each major evidentiary doctrine into a list of foundational elements. The book then sets out an illustrative foundation, establishing all the predicate elements. This foundation gives the student a more concrete understanding of the evidence rule to which the foundation relates. This edition also includes coverage on topics such as scanned documents, learned treatises, and ancient writings. It also includes the foundations for audiotapes, videotapes, automated surveillance cameras, and the impact of Williams v. Illinois on expert …

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"Exculpatory Evidence, Fourth Edition offers a comprehensive study of the evolution of case law defining the scope of the constitutional right to present exculpatory evidence, which has been used to override virtually every type of evidentiary exclusionary rule. The authors point out incisive constitutional arguments and effective trial defense strategies to foil evidentiary privileges and put the prosecution on guard." -pulisher's description

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Eyewitness Testimony uses psychological principles to examine the potential for erroneous eyewitness testimony, and applies them practically to the entire life of a lawsuit, from witness interviews, through discovery and motions practice, and all stages of trial, to closing arguments and the verdict.

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In nearly every criminal case, information is at a premium for both sides. Discovery plays a major role in federal criminal cases as it includes recordings, documents, electronic data, or tangible objects as well as unwritten information such as witness statements that have not been recorded or memorialized in writing. The rare value of information in a criminal case lies partly in its inaccessibility, as the parties' right to discovery is relatively narrow. Because discovery rights in charged criminal cases are limited, the parties often must litigate vigorously and creatively to obtain significant information. Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while exami…

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"The Federal Rules of Evidence were enacted in 1975 and govern the use of evidence at civil and criminal trials in United States federal trial courts. Many states have adopted the federal evidence rules or used them as a model with variances." - from OverDrive

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Cited widely by courts and consulted regularly by thousands of attorneys across the nation, the Federal Rules of Evidence Manual is the most concise and authoritative reference interpreting the Federal Rules.Used often as a coursebook for state and national Continuing Legal Education programs in evidence, theFederal Rules of Evidence Manual provides the following for each Rule: the complete, current text; a current explanation by experts on federal evidence rules; comprehensive descriptions of salient cases; and the relevant legislative history. Supplements issued twice each year ensure that the Manual remains up to date.The Eleventh Edition of this essential resource offers the most current and comprehensive treatment detailing the effects on the hearsay rules ofCrawford v. Washington, in which the Supreme Court completely changed its approach to the Confrontation Clause. The new edition also incorporates all rule amendments since the last edition was published,...

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The book describes and evaluates various kinds of forensic evidence, including DNA, fingerprints, handwriting, hair, bite marks, tool marks, firearms and bullets, fire and arson investigation, bloodstain evidence, and the “CSI” effect in juries.

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Expert witness books tend to be dry and strictly formulative in style. Most provide lists of evidence rules (in mind-numbing legalese) and tips about being clever and convincing in court. You won't find much of that in Forensic Testimony: Science, Law and Forensic Evidence. His book focuses on the responsibilities of witnesses going into courts to speak on their forensic technical expertise and analyses. Forensic Testimony does have a broad view of legal terms and vocabulary available as a glossary, but each of the 12 chapters take on the hard subjects present in today's cases, courtrooms, and news media. Information regarding "junk? versus "established or validated? forensic subjects. These topics are sharply discussed and cover subjects such as forensic fraud, forensic negligence, and incompetence. So expect the "good? with the "bad? as this book shows why the NAS 2009 report of "Strengthening Forensic Science in the United States" has been singularly...

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Since the discovery of heredity more than 150 years ago, developments in the science of genetics have increased exponentially. The use of DNA in 1986 was arguably the most significant advancement in forensics since the use of fingerprints. Genetics: A Handbook for Lawyers, Second Edition explores the implications of recent discoveries in the field of genetics, with easy-to-understand discussions of the science and its application in real cases. Dr. A. Jamie Cuticchia, who holds both a PhD in genetics and a JD, walks you through everything you need to know, whether you're a litigator, family or health lawyer, patent attorney, or law student, including: Molecular Biology History of Genetics Cutting Edge Technology and Evidentiary Value Role of Genetics in Health Forensic Collection and Analysis of DNA Paternity Testing Consumer Genetics Computational Tools to Validate Data Ethical Issues Discrimination Malpractice Intellectual Property Explaining Genetic Issues to a Jury The informat…

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Investigate the long and fascinating history of modern forensic science with this engaging book.

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This title contains the advice of experienced litigators on researching, retaining, and working with expert witnesses.

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The legal landscape, and litigation, have changed markedly in the last decade. Venerable concepts, like the duty to preserve relevant information, production and review of discoverable information, authentication, and introduction of evidence, have had to adapt to email, metadata, thumb drives, "smart phones," the internet, web pages and more. The explosion of information itself sometimes paradoxically has made clear, neutral guidance difficult to find. This book identifies the key issues related to ESI--pre-litigation management, preservation, collection, processing, review, production, and use in deposition and at trial--and provides clear, practical guidance to litigators. The book is divided into eight parts that follow the sequence from the pre-litigation stage through trial. This book is designed to help litigators learn new vocabulary and techniques, and master and apply important legal principles, for preserving, collecting, processing, reviewing, producing, and using ESI in l…

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"This single-volume treatise is largely free of citations to authority, but retains the most notable footnotes. Topics covered include preparing and presenting evidence, cross-examination, and the procedure for admitting and excluding evidence. Discusses privilege against self-incrimination, privilege concerning improperly obtained evidence, scientific evidence, and demonstrative evidence. Reviews authentication, the hearsay rule, burdens of proof, and presumptions. Text also identifies current issues." - publisher's description

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" Face your deposition without fear using this comprehensive guide. Getting deposed? Conducting a deposition? Here's the book you need to take the mystery out of the deposition process and answer questions with confidence. You'll even learn the three "golden rules" for answering questions and the trick questions lawyers often use to influence testimony. A perfect book for law students, lawyers, legal assistants, witnesses, expert witnesses, and anyone who wants to represent themselves in court, Nolo's Deposition Handbook provides all the information you need to sail through the deposition process with confidence. This edition contains updated statutes, cases, and rules -- plus, read new material on "electronic discovery", which applies to information stored in computers, including records and emails."

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Reliance on manual and keyword search methods alone is increasingly seen as inadequate for searching large volumes of information. There are concerns about the accuracy and efficiency of these methods, especially as compared with more advanced search techniques. This book provides a set of perspectives on predictive coding and other advanced search techniques, as they are used today by lawyers in pursuit of e-discovery, in investigations, and in other legal contexts, such as information governance. There is something in this book for everyone—novices, seasoned e-discovery practitioners, litigators, business lawyers, and technologists. It is meant to appeal both to practitioners who are seeking basic knowledge of what predictive coding and other advanced search methods are all about, as well as to those members of the legal community who are "inside the bubble" of e-discovery already and wish to gain further insight into the latest thinking on advanced search techniques from leadi…

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This book examines the constitutionalization of criminal procedure and focuses on various investigative procedures.

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This title examines the more formal part of the criminal process, from bail to post-conviction review.

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"This text examines all topics typically covered in a three- or four-hour course in evidence. Emphasis is on the Federal Rules of Evidence, now adopted in most states. The work is concise but complete. Should the reader desire additional material, ample footnotes provide easy access to leading cases, articles, and standard reference works. This volume contains dozens of illustrations, with answers, designed to make the rules come to life. The ninth edition contains the restyled rules and all the new developments on the Confrontation clause, and covers recent amendments, including those taking effect in 2019 and the 2020 amendment of Rule 404(b). Dan Capra is the reporter, Judicial Conference Advisory Committee on the Federal Rules of Evidence, and Stephen Saltzburg served as a consultant." - publisher's description

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This title, available online through West Academic, examines how various landmark decisions and other more nuanced cases shape the way the Fourth, Fifth, and Sixth Amendments can influence criminal investigations. With chapters on probable cause, search warrants, and right to counsel, this title is designed to supply attorneys and law students with a “comprehensive though concise” treatise.

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"The Reference Manual on Scientific Evidence, Third Edition assists judges in managing cases involving complex scientific and technical evidence by describing the basic tenets of key scientific fields from which legal evidence is typically derived and by providing examples of cases in which that evidence has been used." - from the publisher

1994, first edition (superseded): https://www.fjc.gov/content/321619/reference-manual-scientific-evidence-first-edition-superseded

1994, first edition (superseded) 2000, second edition (superseded) View details in library catalog

"In eight long chapters, lawyers and natural and social scientists explore the use of scientific evidence in litigation cases. They cover the standards of admissibility of scientific and technical evidence; finding, hiring, and supporting scientific experts in complex scientific evidence cases; the scientific expert's approaches to litigation testimony; discovery; pretrial preparation; defensive litigation strategy; the trial; and scientific evidence in criminal cases." -publisher's description

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Learn how to extract key financial information in discovery with The Business Tax Return Handbook. A companion volume to bestselling 1040 Handbook, this is an invaluable tool for reviewing commercial business and professional practice returns to gather information and prepare a complete discovery plan for family law cases. A variety of hypothetical examples using 2008 business returns are used to illustrate points in the text, including the most common forms and schedules for partnerships, corporations, and unincorporated businesses. This line-by-line guide can be used as a complete introduction to the family law aspects of business tax returns or as a quick reference for lawyers who want to concentrate on particular areas of business taxation. The author discusses fundamental tax issues that impact on family law matters and offer comments to explain line items and statements for all four types of business tax returns. Topics covered include: —Using key business and tax terms …

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Wigmore's great work continues to influence the law of evidence as we move into the 21st century. From doctrinal considerations such as the nature of inference and the exclusionary rules to case analysis involving such up-to-the-minute controversies as DNA "fingerprinting" and patient-psychotherapist privilege, this annually supplemented masterwork continues to provide authoritative guidance again and again. With the most comprehensive coverage you'll find anywhere, Wigmore on Evidence encompasses all this and more.

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"Witness Preparation shows how to prepare any kind of witness, lay or expert, party or hostile. You'll also find detailed coverage of relevant office procedures, how to learn each witness' story, how to prepare the witness for discovery and deposition, plus many practical features including: color photographs illustrating principles of witness attitude and appearance; checklists for both witness and attorney in civil and criminal cases; form letters and other sample documents." -publisher's description

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