Based on the extensive teaching experience of the authors, this text offers an incredible wealth of integrated examples and applications that feature current events and familiar situations to help students grasp critical legal concepts.
Clear, thorough insights further help your students prepare for the CPA exam. Please select an option. View More Purchase Options. David P. View as Instructor. Whether you need access offline or online, in print or on your mobile device, we have cost saving options. He is the author of 35 editions of textbooks on labor, employment and business law topics. Professor Twomey has served as arbitrator in more than 2, labor-management disputes throughout the country.
Bush, William J. Clinton, George W. Bush, and Barack Obama to nine Presidential Emergency Boards, whose recommendations served as the basis for the resolution of major disputes in the rail and airline industries. After service in the U. Marianne M. She has been named professor of the year in the College of Business three times and received a Burlington Northern teaching excellence award.
What are the court systems and names of the various courts? How does a case go through a court? What are the alternatives to litigation for dispute resolution? Limited or special jurisdiction — narrow scope of subject matter; e. Reversible error — mistake in lower court with the potential to affect the outcome Court can affirm, reverse, or remand.
Andrea Yates was charged with capital murder in the drowning deaths of her five young children. Yates had been in and out of treatment facilities, had been taking antidepressants, and was under the care of several experts for her depression.
She was also experiencing postpartum depression when she drowned each of her five children in the bath tub at their family home. She then called her husband to ask him to come home because the children were hurt. She also called 9 and told the operator that she needed a police officer to come to her home. Parke Dietz, the psychiatrist for the prosecution, testified that he believed Mrs.
Yates knew right from wrong and that she was not insane at the time of the drownings. The prosecution used this information about the television show to cross-examine witnesses for Mrs. Yates and also raised its airing in its closing argument to the jury. The jury found Mrs. Yates guilty. The defense lawyers later discovered that Dr. They appealed on the grounds that the evidence was material, prejudiced the jury, and required a new trial. If the evidence that turned out to be false was not material, then a new trial would not be required.
But, with this evidence on the TV show, both sides had to talk about it — the prosecution for its ability to show premeditation and sound mind and the defense to respond to the TV show and its impact on Mrs. Its continuing presence at the trial showed that it was a critical part of the case and its falsity requires a new trial. Twelve geographic circuits districts grouped together plus one additional circuit One court of appeals per circuit Three-judge panel reviews cases.
Constitution or statute. Review is granted pursuant to writ of certiorari process Trial court for ambassadors, public ministers, consuls and state vs. Deposition — sworn testimony not in court room; can be used to impeach differing recollection or testimony at trial Interrogatories — questions answered under oath Requests for production of documents — obtaining paper evidence.
Voir dire examination — use Martha Stewart example from text and on website update Challenge for cause — bias, conflict Peremptory or arbitrary challenge — lawyer need not give reason. The ethical obligation of all lawyers, whether in civil or criminal cases, is to offer whatever evidence they have, whether favorable or unfavorable. In this case, the lawyers withheld the evidence because the judge was not specific enough in requiring them to make the disclosures.
The general rule is disclosure. When in doubt, disclose and then supplement as new information comes to light. Discuss with students the inconsistency in the statements. The oath makes a difference in what is said. Discuss the importance of jurors using only the evidence presented. See Figure in text A. Usually provided for by the parties If non-binding, any litigation begins anew for a trial de novo.
Reference to third person: case is given to outsider s — ordinarily, parties agree that the decision is final. Judicial triage: cases are sent to judge for immediate evaluation to see if the cases should be dismissed or expedited for trial.
The benefits are, in theory, that alternatives are faster. However, these arbitration methods are now dragging out nearly as much as a trial. ADR allows for no public hearing and all the problems that go along with the media covering a contract dispute. These methods allow the parties to gain the perspective of an outside part y, something that often needs to be done in order to move the parties forward in their negotiations.
The danger feared by the three developers is a real one.
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