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Legal Practice Materials

Legal Practice Materials. Legal Practice Materials. Prof. Michael Whiteman. 1 st Rule of Legal Research. Ask for. Local Law Libraries. Chase Law Library http:// chaselaw.nku.edu/library.html Hamilton County Law Library http://www.hamilton-co.org/cinlawlib / UC Law Library

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Legal Practice Materials

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  1. Legal Practice Materials Legal Practice Materials Prof. Michael Whiteman

  2. 1st Rule of Legal Research Ask for

  3. Local Law Libraries • Chase Law Library • http://chaselaw.nku.edu/library.html • Hamilton County Law Library • http://www.hamilton-co.org/cinlawlib/ • UC Law Library • http://www.law.uc.edu/library/ Legal Practice Materials

  4. Online Resources Legal Practice Materials Westlaw Lexis Casemaker Fastcase BloombergLaw Loislaw And many others

  5. Two Types of Legal Practice • Transactional Practice (drafting contracts, wills, and other documents; advising clients of compliance with the law; deal making, etc.) • Trial Practice (anything done in contemplation of an actual suit with an actual, live opposing party) Legal Practice Materials

  6. It's Vital that You Understand that most sample Forms are ONLY General, Generic Examples of possible formats & contents. Legal Requirements for Assignments, Leases, Contracts and many other business documents Can and Do Vary Greatly from State to State and can Change Often.   To be Valid - and Not Create More Problems than it Solves - it MUST be Properly Drafted and Modified to fit Your Specific Location and Circumstances!

  7. Transactional Practice Materials • Form Books: • West Legal Forms WEST-LF (P & WL) • Am Jur Legal Forms AMJUR-LF (P & WL) • Fletcher Corporation Forms • Nichols Cyclopedia of Legal Forms Annotated (P & WL) • Rabkin & Johnson: Current Legal Forms (P & Lexis) • Warren’s Forms of Agreements (P & Lexis) Legal Practice Materials

  8. Form 8. Notice Of Assignment [Date] To [name of obligor]: On [date], [name of obligee], of [address], assigned to me his rights against you arising under a contract executed by you with him on [date] for the sale of [identify goods] for [amount]. _______________________________________________ [Signature of assignee] [Taken from West’s Legal Forms]

  9. COMMENT A party making payment under a contract that has been assigned by the payee without the knowledge of the payor is discharged by payment to the assignor so the assignee should notify the other party to the contract of the assignment to avoid this happening. See UCC <section> 2-210. Also notice of the assignment should prevent the payor from acquiring rights of counterclaim and set-off subsequent to notice of the assignment. See UCC <section> 9-404. Of course, if the assignment is made pursuant to a non-notification receivables financing arrangement, notice is not given unless certain contingencies occur. See UCC <section><section> 9-607, 9-608.

  10. Subject Formbooks • Forms & Procedures under the UCC (P & Lexis) • UCC Legal Forms (P & WL) • Fletcher Corporation Forms Annotated (P & WL) Legal Practice Materials

  11. State Specific Formbooks • Kentucky Forms & Transactions (P & WL) • Caldwell’s Kentucky Form Book (P & Lexis) • Ohio Forms and Transactions (P & WL) • Ohio Forms: Legal & Business (P & WL) • Ohio Transaction Guide (Lexis) Legal Practice Materials

  12. Free Online Legal Forms • Findlaw Forms http://forms.lp.findlaw.com/ • LexisOne http://www.lexisone.com/ • ‘Lectric Law Library http://www.lectlaw.com/formb.htm Legal Practice Materials

  13. Trials • An encyclopedic guide to the preparation of cases at trial based on actual trials and articles by over 180 experts • Print • AMJUR-TRIALS (P & WL) Legal Practice Materials

  14. Trials • Vols. 1-6: Comprehensive articles discussing every phase of trial preparation • Volumes 7  Model Trials • Supplemented by forms, checklists charts, diagrams and photographs of evidence Legal Practice Materials

  15. 5 Am. Jur. Trials 89 The Trial BriefWilliam L. ShumateARTICLE OUTLINEI Preliminary ConsiderationsII Constructing the Trial BriefI Preliminary Considerations § 1 Introduction § 2 Right of counsel to submit trial brief § 3 When a trial brief should be submitted § 4 Service of trial brief on opponent § 5 Comprehensive, one-point and letter briefs § 6 Style of brief § 7 Style of brief—Organizations; citations § 8 Style of brief—Format II Constructing the Trial Brief § 9 In general; statement of facts § 10 Analysis of legal principles § 11 Treatment of law; statutes § 12 Treatment of law; statutes—Cases § 13 Matters to be covered

  16. Proof of Facts • Commentary and checklists designed to help in the proof of facts at issue in trial • Each article has two parts: • Background article • Checklists of elements of proof and elements of damages • AMJUR-POF (Print & WL)

  17. Causes of Action • Concise articles on every possible cause of action • Focus on elements that must be alleged to defeat summary judgment and proved to win at trial • Case annotations from 50 states • COA (Print & WL)

  18. Ohio Practice • Ohio Practice Library • Civil Practice • Criminal Law • Evidence • Probate • Available Print and WL Legal Practice Materials

  19. Specific Phases of Litigation: Pleadings

  20. Am Jur Pleading and Practice • 36 volumes of sample court documents and checklists covering all phases of trial, post-litigation • drawn from court records and files of expert practitioners • Print • AMJUR-PP (P & WL) Legal Practice Materials

  21. Federal Practice Forms • West’s Federal Forms • Print • WL • Federal Procedural Forms • Print • WL • Bender’s Federal Practice Forms • Print • Lexis Legal Practice Materials

  22. Bender Forms of Discovery • Practice forms including requests for production and admission for every type of legal action • Dozen volumes organized by type of lawsuit Annotated with case decisions • Checklists for interviews • Print • Lexis

  23. Instructions to Juries • Federal Jury Practice and Instructions: Civil & Criminal • Pattern Jury Instructions by Circuit • Subject Specific • Damages in Tort Actions • Medical Issues Legal Practice Materials

  24. Kentucky Instructions to Juries • Informally known as “Palmore” • Closest thing to pattern jury instructions for Kentucky courts • Criminal & Civil • Print & Lexis Legal Practice Materials

  25. Ohio Jury Instructions • Published in conjunction with the Ohio Jury Instructions Committee of the Ohio Judicial Conference • Civil & Criminal • Available in Print and on OSBA Casemaker online service and on Westlaw/Lexis Legal Practice Materials

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