Procedures & Litigation Books - Page 3

How To File For Bankruptcy

Stephen Elias, Albin Renauer, Robin Leonard

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Customer Reviews:
Total reviews: 18 Average rating: 4.5 of 5

Very helpful resource 4 out of 5 stars.
22 of 22 people found this review helpful.

This review refers to the 13th edition of the book, which does cover the new bankruptcy law revision of 2006. Please read the editorial and customer reviews as to why this book was so helpful.

The author does a good job explaining how to file your own bankruptcy "pro se" (which means you are your own attorney and responsible for finding the answers to your own legal questions.)

At the time the 13th edition was printed, the author didn't know if any of the state bankruptcy courts would grant an indigent filer relief from the bankruptcy filing fee. This is because there was a difference between the federal agency that created the exemption document and the agency that says such requests can be granted. Apparently, this difference of opinion has since been resolved. In my state, Washington, the judge did grant me exemption from filing the court fee, a savings of over [...].

My bankruptcy was a pretty straightforward chapter 7, even though I had taken out a business license as a sole proprietor. As I had no clients and no business income, I could go ahead and file as an individual.

The author commends the reader for having taken charge of their financial crisis and having made the difficult decision to file for bankruptcy. It would also have been helpful if he'd included a few helpful tips on emotional and mental preparation. For example, people under stress tend to forget common sense advice like: get enough sleep, exercise, and healthy food. Organize all your financial records in a quiet and neat environment, etc. Write down what you've done and what you need to accomplish. And so forth.

In my case, because I could have been better organized, I ended up paying two times an amendment fee because I forgot to include all creditors on my mailing matrix and other related forms.

(As a side note, many credit card companies own their own credit collections agencies with completely different names. To be on the safe side, list both the original creditor and the "collection agency" that they supposedly "sold" the debt to in your bankruptcy forms. However, when totaling the debt, do not count the same amount twice. On your mailing matrix, include both the original creditor and any collection agencies they have sold their debt to. This will cover your rear end. If you list only the collection agency and not the original creditor, you might be responsible for paying off the debt because the original creditor wasn't listed in your bankruptcy forms.)

Student loans are usually not discharged but you should go ahead and list them anyway so the judge knows your total debt load.

Most filers choose to hire an attorney. I was one of three people who chose to go "pro se" out of over 30 filers. That really surprised me. My meeting with the trustee lasted less than five minutes.

Just because someone goes with an attorney doesn't mean that attorney will be complete and thorough. I witnessed two attorneys who did not properly prepare their clients for potential questions the trustee asked, all of which are described in this book in a special listing. In my case, the trustee did not ask all the questions listed in the book but I was sure glad the author listed them so I could be prepared in case he did choose to ask them. Did those people get their money's worth? I don't know.

The creditor's meeting is when you can tell the trustee if there have been any changes since you first filed for bankruptcy. Since this meeting is recorded now is the time to tell them. In my case, I reported assets I had failed to list (hobby supplies, etc.), assets that had been stolen from my home this month, and a car I no longer owned as it had been auctioned off by a towing company.

The two biggest reasons people file for bankruptcy are medically related and poor credit card usage. Both those reasons fit my profile. (Actually, I was very good at using a credit card as I remember charging them to the limit.) I cut up all my credit cards and now use only my debit card, cash, or checks. I now have a financial budget and feel like a load has been lifted off my shoulders.

The only reason I have for repairing my credit rating is if I choose to buy a house. At this time I don't have any plans for doing so. However, for those who do want to improve their credit score, your best bet is to see if your local credit union or bank will give you a secured credit card, which will only allow you to "charge" amounts that you have placed in a special account tied to the card. It is a combinations debit and credit card. You can only "charge" what is in your secured account but you get the protection and benefits of a credit card.

The new law states that filers must take a pre and post budget class. These cost money in Washington state.

If you choose to go "pro se" but hire a typist to prepare your documents, you are still responsible for all the information contained in the forms.

Beware that your filing is public knowledge. I was surprised at the number of predatory lenders that sent me mail immediately after I filed. There was also one attorney who sent me a solicitation letter. You must shred all these letters for your own good.

Editorial Review:

The latest edition of this guide contains advice on whether or not to file for bankruptcy, simple instructions for filling out the forms, information on the consequences, and all the tear-out forms needed to file. Original.

Understanding Criminal Law (Legal Text Series)

Joshua Dressler

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Customer Reviews:
Total reviews: 14 Average rating: 4.0 of 5

Clear Introduction for Anyone Interested in Criminal Law 5 out of 5 stars.
1 of 1 people found this review helpful.

For some reason it's very hard to find books on the law specifically directed toward non-lawyers. This is odd since the law is an important instutition which should be simple enough (and usually is) for anyone to understand it. Since there are so few popular books on the law, if you want to learn about the law these "Understanding" books are a good place to start. I don't have any formal education in the law, but I think that these books are sometimes used as study guides ( which is why student reviewers seem to refer to them as 'hornbooks' )for law school, but a formal student of the law would read the cases themselves.

This volume on the criminal law covers the basic principles of criminal law. The way intent is treated in crimes, defenses (insanity, self defense), mistakes (of law and of fact), and reviews some basic crimes in general terms including their development from the Common Law such as murder, conspiracy, attempt, theft etc... Most specific crimes are not covered (e.g. class B Felony and such things are codified by particular states and therefore are not covered in a book on the concepts of criminal law). The book does not cover subjects like when the police can search your car, such things are referred to as Criminal Procedure.

I found this book to be very interesting, and it would be accessible to anyone with an interest in the law.

The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom

Robert A. Levy, William Mellor

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Customer Reviews:
Total reviews: 12 Average rating: 5.0 of 5

Editorial Review:

A non-lawyer’s guide to the worst Supreme Court decisions of the modern era

The Dirty Dozen takes on twelve Supreme Court cases that changed American history—and yet are not well known to most Americans.

Starting in the New Deal era, the Court has allowed breathtaking expansions of government power that significantly reduced individual rights and abandoned limited federal government as envisioned by the founders.

For example:
• Helvering v. Davis (1937) allowed the government to take money from some and give it to others, without any meaningful constraints
• Wickard v. Filburn (1942) let Congress use the interstate commerce clause to regulate even the most trivial activities—neither interstate nor commerce
• Kelo v. City of New London (2005) declared that the government can seize private property and transfer it to another private owner

Levy and Mellor untangle complex Court opinions to explain how The Dirty Dozen harmed ordinary Americans. They argue for a Supreme Court that will enforce what the Constitution actually says about civil liberties, property rights, racial preferences, gun ownership, and many other controversial issues.

Constitutional Law 2005 (Emanuel Law Outlines)

Steven L. Emanuel

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Customer Reviews:
Total reviews: 4 Average rating: 5.0 of 5

Great efficient, time saver 5 out of 5 stars.
14 of 15 people found this review helpful.

This book offers law students with a time saving alternative to piecing together the 120+ cases in your textbook to form a picture of Constitutional Law.

Unlike your law professor, the author of this book does not play hide the ball. The relevant Constitutional Law issues and conclusions are clearly identified with no tricks, answerless hypotheticals, or the shameful deceptions that you are likely to find in a Constitutional Law textbook.

The book is well organized and written in a way that you can easily come up with the "black letter law" and modes of argument so that you can be successful in your class.

This book's coverage is very broad; it can be used for both Constitutional Law and Constitutional Rights classes.

It has a "Capsule Summary" that briefly explains the major points that the book will cover. I read over the Capsule Summary and found it very helpful in creating a framework that helped me understand everything in detail throughout the rest of the book.

Emanuel has already peiced the cases together for you. You can figure out what the common state of Constitutional Law very quickly. This is very helpful if your professor is going to give you an issue-spotter/essay test.

I am very pleased with the experience that I had with this book (2005 edition). I rarely went to my Constitutional Law class and never did any of the readings. I studied this book in the days leading up to the final exam and scored in the top 10% of the class! If I could do this, then it is not too far fetched to believe that a diligent/more intelligent student would have even more impressive results.

Editorial Review:

The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.

A Civil Action

Jonathan Harr

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Total reviews: 341 Average rating: 4.5 of 5

A Great Book about Human Nature and the Legal System 5 out of 5 stars.
0 of 0 people found this review helpful.

This is the best book written about a lawsuit and is a terrific teaching tool. The author had unparalleled access to the lawyers, mostly the plaintiffs' lawyer who, somewhat questionably from an ethics standpoint, allowed a journalist to witness client meetings and strategy sessions. While some of the reviewers criticize Harr for pro-plaintiff bias because of this, Harr simply played the hand he was dealt. The defense lawyers were not about to grant that level of access. In addition, Harr does, after the trial, become close to the lead defense lawyer, the curmudgeonly Facher. This allows him to relate a useful defense perspective.

The book takes the reader from the environmental contamination of the 1950s - 1970s, through pre-litigation investigation in the early 1980s, through extensive pretrial proceedings, and then all the way throught the 1986 jury trial. Thereafter, Harr tells the post-trial story, including settlement, appeal, and government initiated proceedings that ultimately resolve the environmental clean-up issue. In short, one can experience nearly every aspect of a civil action in a highly readable narrative.

Harr is a sensitive observer who can key on strengths of the civil justice system that includes the ability to bring the powerful to account before a jury of ordinary citizens (the apotheosis of democracy, as the plaintiffs' lawyers' consulting Harvard professor says -- the law is America's "civil religion"). And he is terrific at highlighting the essential weaknesses and failings of the system. This, Harr captures in two unforgettable quotes. The first is from Schlictmann, the plaintiff's lawyer, who rues how hard it is "to do good and do well" at the same time. That, in a nutshell, captures the skewing effect that the profit motive and money have on the civil litigation process. And then there is this priceless quote from Facher, the defense lawyer: "The truth? The truth is at the bottom of a bottomless pit." The liberal discovery rules and the right of cross examination are supposed to be tools uniquely well-suited for ferreting out the truth. But the ruinous expense and confusion of the process; the foibles of the attorneys, judges, and witnesses; and the profit motive of the attorneys all combine to wreak havoc and to leave one wondering if the truth really does emerge from this process.

In the end, I take a more optimistic point of view than a number of the other reviewers. The families get compensated for the toxic tort caused by the environmenal contamination (at a minimum the families suffered from solvent poisoning that caused provable damage even if it is a stretch to prove that leukemia was caused by TCE to a reasonable medical certainty); the government finally gets off its butt, helped by the work done by Schlictimann, and forces the defendants to clean up the mess; and other companies get the message from this case and from the CERCLA legislation passed in 1980 that environmental clean up and better environmental policies are now a cost of doing business. So the system works to a large degree, though it does a poor job, or no job at all, in alleviating the pain and alienation experienced by the harmed families and community.

Perhaps the best quality of the book is its compelling portrayal of Schlictmann and Facher -- both of whom are attractive and admirable in some ways while at the same time being quite flawed and tragic. The book is about human nature as much as it is about the civil justice system, and is the kind of nonfiction novel that would have made Truman Capote and Norman Mailer proud.

This is a truly great book.

Editorial Review:

"The legal thriller of the decade." --Cleveland Plain Dealer

Now a Major Motion Picture!

In this true story of an epic courtroom showdown, two of the nation's largest corporations stand accused of causing the deaths of children. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. A searing, compelling tale of a legal system gone awry--one in which greed and power fight an unending struggle against justice--A Civil Action is also the story of how one determined man can ultimately make a difference. With an unstoppable narrative power, it is an unforgettable reading experience.

You Be the Judge: 20 True Crimes and Cases to Solve

Judge Norbert Ehrenfreund

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Editorial Review:

"This lively, original book is likely to be a milestone in America's ongoing fascination with the drama of trials and justice."
- Fred Graham, former chief anchor Court TV

Have you ever had the chance to decide the fate of another person? What would you do? In the real-life cases presented to you in this book, you will be the judge and the jury - making the ultimate decision between right and wrong.

• Can you convict an abused woman who kills her husband because she is afraid he will beat her again?
• What about a man who helps his best friend commit suicide to avoid a painful death?
• Would you allow a feeding tube to be removed from a 92-year-old coma victim so she can die peacefully?

Put yourself in the place of the judge or one of the jurors as you read the details of each case. Many of these trials raise questions that go beyond the law to the heart of one's own moral code.

At the end of each case, after rendering your own verdict, you can read on to find out what really happened.

THE CASE IS NOW IN YOUR HANDS.

Criminal Procedure for the Criminal Justice Professional

John N. Ferdico, Henry F. Fradella, Christopher D. Totten

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Customer Reviews:
Total reviews: 3 Average rating: 2.5 of 5

Class room book 5 out of 5 stars.
2 of 2 people found this review helpful.

This book is very well layed out, it is also very well written. It is one of the many books I plan on keeping after recieving my degree.

NOT AS ADVERTISED 2 out of 5 stars.
0 of 2 people found this review helpful.

It says right in the title, as well as the description, that the book with with the CD-ROM and it absolutely did NOT come with the CD.

Editorial Review:

With CRIMINAL PROCEDURE FOR THE CRIMINAL JUSTICE PROFESSIONAL, Tenth Edition, you'll have everything you need to develop a comprehensive understanding of the legal rights, duties, and liabilities of criminal justice professionals. This timely text presents a uniquely practical, real-life approach to criminal procedure, which makes it an ideal reference book as you begin your career. Using clear and concise statements of criminal procedure law and understandable explanations of the reasoning behind the law, authors John N. Ferdico, Henry F. Fradella, and Christopher Totten clarify potentially confusing and obscure legal matters. Additionally, they reduce the complexity of criminal procedure law into simple, straightforward guidelines and recommendations, illustrated with interesting examples of actual cases.

The Brethren: Inside the Supreme Court

Bob Woodward, Scott Armstrong

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Customer Reviews:
Total reviews: 45 Average rating: 4.0 of 5

A good read 4 out of 5 stars.
0 of 0 people found this review helpful.

We were forced to read this book my senior year in high school. I most certainly did NOT want to read a book about the stuffy ol' supreme court! But I did... because I had to... and it turns out that it's one of my favorite books of all time. Now, 15 years later, I'm an attorney and have read the book countless times over the years. It's so interesting to read about the inner workings of the country's highest court, complete with the politics, personalities, and just outright craziness.

Good Behind The Scene Coverage 5 out of 5 stars.
0 of 0 people found this review helpful.

I found The Brethren to be quite informative as well as entertaining as I was provided a glimpse of the personalities and quirks of Justices and the Politicians that interacted with them. Seeing behind the somber facades allowed the reader to consider each Justice as an individual with his own biases and beliefs that came into play when many of this country's landmark decisions were made.

Editorial Review:

The Brethren is the first detailed behind-the-scenes account of the Supreme Court in action. Bob Woodward and Scott Armstrong have pierced its secrecy to give us an unprecedented view of the Chief and Associate Justices -- maneuvering, arguing, politicking, compromising and making decisions that affect every major area of American life.

Oil and Gas Law in a Nutshell

John S. Lowe

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Total reviews: 3 Average rating: 4.0 of 5

Good book for mineral owners as well as students 4 out of 5 stars.
15 of 16 people found this review helpful.

The third edition of this book was very helpful, and also included more recent case law cites than the second edition. I would assume this it true with the fourth as well (and there have been quite a few post 1995 court cases affecting royalty payments among other things). John Lowe is a well-respected professor of oil and gas law and has written many papers as well as several books on the subject.I find his writing style easy to understand, even for a layman like myself.I also found it to be much more than a "nutshell" approach in that the explanations of complicated ideas are fairly complete in most cases. He even touches on the structure and content of oil and gas sales contracts near the end of the book, which I found helpful as well.

Editorial Review:

Reliable source on oil and gas law. This authoritative coverage focuses on the legal rules that govern the development of privately owned mineral rights, which often also apply to governmentally owned resources. Text covers topics such as the nature, protection, and conveying of oil and gas rights, leasing, and taxation.

The Debate on the Constitution : Federalist and Antifederalist Speeches, Articles, and Letters During the Struggle over Ratification : Part One, September 1787-February 1788 (Library of America)

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Total reviews: 7 Average rating: 5.0 of 5

Provides a complete environment for the Federalist Papers 5 out of 5 stars.
30 of 35 people found this review helpful.

Study of the Federalist Papers, of course included in this two volume series, is a conduit for understanding the American ethic. When the Federalist Papers are viewed as included in this chronological deliberation between the Federalists and Antifederalists, they become even more profound than the enormous depth they can achieve when read alone. The concerns of Brutus and Agrippa are answered, the repititive call for a 'Bill of Rights' revealed. Madison wrote to Jefferson in 1825 defining the Federalist Papers as 'may fairly enough be regarded as the most authentic exposition of the text of the federal constituion, as understood by the Body which prepared & the authority which accepted it.' The enormous insight gained from tracking the arguments and concerns of the proposed Constituion , and the responses of the Federalist cannot be easily estimated, yet the result is a much more informed conscience of the American experience. Madison in the same letter mentioned above stated that Federalist Essays did not foresee all the misconstructions which to that date had occured, nor prevent some it did foresee. For the concerned and deliberate citizen of today many of these issues remain, issues such as Federalism are current topics and all too often the opinions of the few become the conscience of the many, examining these volume will do much to alleviate this vexing condition. More alarming is the realization that many of the fears of the Antifederalists have become a reality in todays polity. An excellent and comprehensive collection thank you Bernard Bailyn.

Editorial Review:

"The Debate on the Constitution" charts the course of the bloodless revolution that created the government of the United States and the world's oldest working national charter. In speeches, newspaper articles, pamphlets, and letters, this unique collection captures firsthand the energy and eloquence of the stormy ratification struggle. Franklin, Madison, Jefferson, Washington, Patrick Henry, and many less well known voices speak with passion and articulateness about issues of personal liberty and public order that continue to resonate in today's headlines. Along with a detailed chronology and notes, each volume also includes the full texts of the Declaration in Independence, Articles of Confederation, and Constitution.