Sunday Student Access to the Charlotte Law Library

The Charlotte Law Library is open on Sundays from 8 am – 11pm, and during midterms and final exams 8 am – midnight.

  • The circulation desk is open noon – 9 pm.
  • The reference desk is open noon – 6 pm.

On Sundays, all the entrances to the building are locked. To get in, there is a reader on the wall outside the College Street entrance near the revolving doors. Swipe your card to get into the building.

To leave the building, there is a red button to push on the wall between the two doors on the College Street entrance/exit.

If someone has a problem getting into the building, there is a button to connect to security. These measures are for your safety.

csllibrary

~Betty Thomas~

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ALR Student’s Corner: North Carolina Law of Damages

nclawofdamages

What is North Carolina Law of Damages?

North Carolina Law of Damages (5th edition) is a two-volume, annotated practice guide for attorneys practicing in North Carolina. It provides a wide-range of information on damages as they pertain to such legal topics as criminal proceedings, hospital liens, personal injury, fraud and deceit, wrongful death, family torts, estates, and statutory penalties. These diverse topics represent a mere fraction of the information available in North Carolina Law of Damages, making it an enormously valuable resource for attorneys researching the law of damages in North Carolina as it applies to a multitude of civil law issues.

This practice guide is exceptionally well organized; topics are broken down further into concise sub-topics, 269 in total. Part I (Damages, Generally) contains 12 chapters and 88 subtopics, while Part II (Damages Relating to Particular Subject Areas) contains 26 chapters and 181 subtopics. This organization provides an extremely user-friendly way of searching for almost any information about damages in North Carolina.

How to Locate North Carolina Law of Damages

To locate the electronic version of the practice guide on WestlawNext, type the title in the universal search box and, once “North Carolina Law of Damages” populates in the suggestion box below, select the practice guide (note: make certain to check the “Show Suggestions” box beforehand). From there, you can choose Part I for general information on damages or Part II for more specific information on damages relating to a particular subject.  The electronic version of the practice guide might also be accessed on WestlawNext by drilling down in accordance with the following navigational path: “Browse: All Content” > “Secondary Sources” > “North Carolina” > “Texts & Treatises” > “North Carolina Law of Damages.”

The print version of the practice guide is available at the Charlotte School of Law library; the call number (KFN7595 .W66 2004 v.1) can be accessed via the library catalog with the following search string: “north carolina damages.”  The practice guide can also be purchased for $312.00 with monthly updates costing $27.00.

How to Search North Carolina Law of Damages

To demonstrate how easy and helpful this practice guide is, let’s conduct a hypothetical search.  Let’s say that a client has come to you after a trial judge set aside a jury verdict awarding him $10,000 in compensatory damages and $50,000 in punitive damages. To advise your client, you decide to determine whether the damages are considered excessive under North Carolina law. This is a more general topic, so you consult Part I of North Carolina Law of Damages. From the table of contents, you decide “Chapter 7: Amount of Damages” seems relevant to your client’s issue, and even more so, the subtopic below, “§ 7:4 – Excessive or inadequate damages.” Turning to that section in the volume, you learn the trial judge has discretionary power to set aside an award of damages if she believes that the damages are excessive or inadequate and given under the influence of passion or prejudice, or if the evidence is insufficient to justify the verdict. This does not provide much guidance as to whether your client’s award of damages might be considered excessive. However, § 7:4 goes on to state that a ruling by the trial judge on the issue of damages is within her discretion and will not be set aside except upon a showing of abuse of discretion. You can now advise your client appropriately, and you have North Carolina Law of Damages to thank for it.

~ Michelle Abbott, L’15 ~

 Class Advisor – Cory M. Lenz, Esq.

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CSL Library Academic Success Collection Guide

The CSL Library’s Academic Success Collection is located behind the circulation desk on the 5th floor.

This collection includes resources like hornbooks, practice exams, flashcards, audio CDs, and law school success books. Students may browse available titles by subject using the online library catalog, or they can discuss with an Academic Success Counselor which resources might be best suited to their purpose.

The Academic Success Collection contains high-use materials of interest to a large number of students, covering a wide variety of subjects, which is why the materials are on reserve and have limited loan periods. The Academic Success resources are available for a 3 day checkout. Some of the Academic Success resources listed below are also available as a reserve item. Reserve items are limited to a 3 hour checkout.

The following is a general description of the types of Academic Success resources available for each of the 1L classes and for many of the upper level courses:

  • Black Letter Outlines – These outlines summarize the basic black letter rules of each topic in a way that allows students to appreciate how different parts of their course material fit together.
  • Concise Hornbook Series – Discusses specific problems and illustrations, focusing on topics covered in a typical course on civil procedure, tied to no particular casebook.
  • Crunch Time Series – Crunch Times include a summary of about 100 pages, summarizing all the key concepts in easy-to-read outline form, Exam Tips, drawn from analysis of exactly what has been asked on hundreds of past essay and short-answer law exams, Flow Charts short-answer and multiple-choice questions , and complex issue-spotting essay questions. 
  • Emanuel Law 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. 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.
  • Examples & Explanations – Examples and Explanations are written in clear text and contain many concrete examples as well as questions and answers with detailed explanations for help in reviewing concepts.  Certain legal concepts are explained with the aid of charts and graphics, and sample examination questions are provided with their model answers.
  • Hornbooks – Hornbooks cover a single legal subject and are written expressly for law students by law professors.  These condensed one-volume overviews are written in clear, accessible language.  They contain discussion of courts’ interpretation of the law, explanations of the application of the law today, and may contain hypothetical questions and model answers.  
  • Nutshells – Nutshells are small, paperback texts that present concise overviews of areas of law. Nutshells are considered the most basic secondary source on a legal topic.
  • Q&A Series – These LexisNexis study guide series feature hundreds of multiple-choice and short-answer questions arranged topically, plus an additional sets of questions comprising a final “practice exam.”  For each multiple-choice question, authors provide a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. 
  • Siegel’s Series – The Siegel’s Series works through key topics in Q&A format, providing an additional source for self-quizzing. Titles in this exam-prep series contain essay questions with model answers, as well as multiple-choice questions and answers. 
  • Understanding Series – The Understanding the Law series of hornbooks covers the central concepts and issues students encounter in the basic 1L law course, as well as the leading cases.  Topics that typically cause the most confusion are covered in-depth.

Additional Material Types Available from the Library

  • Bar Prep Materials – In the final Stretch? Check out the Bar Prep Materials your library has to offer.
  • Audio CDs – Designed for Audio Learners, or students with long commutes, these convenient audio CD’s present legal topics in a clear, succinct, timesaving format.
  • Flash Cards – For reviewing legal topics point-by-point, Law in a Flash Card Sets contain hundreds of short questions and provide precise answers on the flip side.

~Aaron Greene~

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Links We Love Weekly Round-Up — August 25, 2014

weeklyroundup

 Why the Public Library Beats Amazon — for Now

A growing stack of companies would like you to pay a monthly fee to read e-books, just like you subscribe to NetflixNFLX +0.77% to binge on movies and TV shows.  Don’t bother. Go sign up for a public library card instead.  Really, the public library? Amazon.comAMZN +0.23% recently launched Kindle Unlimited, a $10-per-month service offering loans of 600,000 e-books. Startups called Oyster and Scribd offer something similar. It isn’t very often that a musty old institution can hold its own against tech disrupters.  But it turns out librarians haven’t just been sitting around shushing people while the Internet drove them into irrelevance. More than 90% of American public libraries have amassed e-book collections you can read on your iPad, and often even on a Kindle. You don’t have to walk into a branch or risk an overdue fine. And they’re totally free.

Web Addiction

We can get addicted to many things. We all know about alcohol, drug and tobacco addiction, which is chemically based, but people get seriously addicted to gambling, overeating, exercise – and sex. Perhaps the most interesting of the non-chemical, electronic addictions are computer-game, amusement-arcade machine and one-arm-bandit addiction. But we have recently discovered another addiction – Internet addiction. For some people the net is the Prozac, for others the Viagra, of communication.

How We Think: John Dewey on the Art of Reflection and Fruitful Curiosity in an Age of Instant Opinions and Information Overload

Decades before Carl Sagan published his now-legendary Baloney Detection Kit for critical thinking, the great philosopher, psychologist, and education reformer John Dewey penned the definitive treatise on the subject — a subject all the more urgently relevant today, in our age of snap judgments and instant opinions. In his 1910 masterwork How We Think (free download; public library), Dewey examines what separates thinking, a basic human faculty we take for granted, from thinking well, what it takes to train ourselves into mastering the art of thinking, and how we can channel our natural curiosity in a productive way when confronted with an overflow of information.

The Future of Solo and Small-Firm Practice

Last week, at Minnesota’s Strategic Solutions for Solo and Small Firms Conference, I shared a panel with Lawyerist’s Sam Glover and an innovational speaker, Matt Homann. The panel focused on the future of solo and small-firm practice over the next ten years. Although we all agreed that the solos and smalls — and, indeed, lawyers in general — will face challenges over the next decade, I still believe that opportunities remain for solos who understand these challenges and figure out ways to overcome them.

Every Law Student is on Law Review

Law students writing on blogs and other social media are contributing valuable legal writing.  “Turn on your computer, write a blog post – and you’re an author,” says Andrea Lunsford, Stanford University’s Louise Hewlett Nixon Professor, Emerita.  The co-author of the digital-age writing guide Everyone’s an Author, told Angela Beccerra Viderergar (@abecegar) of the Stanford News that students are “writing more today than they ever have in the history of the world, and it’s because of social media.” Students themselves “may think it’s not writing, but it is writing, and it’s important writing.”

Bloggers Defeat Brett Kimberlin’s Vexatious Defamation Case in Maryland

Last year I talked about how the notorious and thoroughly evil Brett Kimberlin had sued several bloggers in Maryland state court for being mean to him. This is not to be confused with the ludicrous racketeering case that Kimberlin filed in Maryland federal court against a laundry list of detractors.  Today Kimberlin lost his state case at trial. He didn’t just lose — he lost conclusively. After the close of Kimberlin’s day of “evidence,” the judge granted a motion for a directed verdict against him.

Our “Must-Cite” Bankruptcy Cases

We at the Weil Bankruptcy Blog have compiled our favorite “must-cite” cases—the sort of cases that no brief or motion on a particular issue should go without citing.  The criteria were simple: If your emergency memo fails to cite to one particular case, will it come back with a note saying, “You missed something.  TRY AGAIN!”?  If so, then you’ve got a “must-cite” case.  (By the way, it also sounds like you’ve got a jerk for a boss, with all this last-minute memo writing and mean post-it notes.)

AI, Robotics and the Future of Jobs

The vast majority of respondents to the 2014 Future of the Internet canvassing anticipate that robotics and artificial intelligence will permeate wide segments of daily life by 2025, with huge implications for a range of industries such as health care, transport and logistics, customer service, and home maintenance. But even as they are largely consistent in their predictions for the evolution of technology itself, they are deeply divided on how advances in AI and robotics will impact the economic and employment picture over the next decade.

Charlotte Uptown Boosters Announce In-Depth Study to Revitalize North Tryon

An effort to revitalize North Tryon Street, backed by some of the city’s most powerful institutions, moved forward Monday with the hiring of a California-based urban planning firm to lead a $415,000 study of the corridor.  Charlotte Center City Partners and the Foundation for the Carolinas said MIG Inc., a Berkeley, Calif.-based firm with an office in Raleigh, will craft what the organizations are calling a “vision plan” for North Tryon.

Ideas for Charities That Missed Out on the ‘Ice Bucket Challenge’

The bizarreness of the ‘ice bucket challenge’ is well-summarized by the skeptical child in this photoshop asking why people are wasting clean water to avoid giving money to charity, and also by Arielle Pardes at Vice. “It’s like a game of Would-You-Rather involving the entire internet where, appallingly, most Americans would rather dump ice water on their head than donate to charity,” writes Pardes. “There are a lot of things wrong with the Ice Bucket Challenge, but the most annoying is that it’s basically narcissism masked as altruism.”  All true, but the thing is that it worked.

Start a NonProfit Law Firm

A few months back at my beat at Above the Law, I posed this question: Why Do Low Bono Work When You Can Start Your Own Non-Profit?.  After all, if new lawyers are going to be offering discount rates, they might as well run the show and gain the advantage of being the boss, plus the opportunity to take advantage of  loan forgiveness programs available to lawyers who work for non-profits.  Curious about how this business model might work in practice? Look no further than Open Legal Services (OLS), an innovative Utah-based non-profit law firm started by relatively new lawyers and recently profiled in The Atlantic.

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What’s in a Day as a Charlotte Law Librarian?

We are excited to announce that the Charlotte School of Law Library won First Place in the “Best Video” category of the 2014 American Association of Law Libraries 2014 Day in the Life contest!

librarians on patrol: no book left behind

In Spring of 2013, in preparation for our impending move to a high-rise in uptown Charlotte, we began a massive book giveaway initiative to rid the collection of redundant materials, free up space, and share these resources with our law students and local legal community. Through this project over thirteen thousand books found loving families, but in the midst of the madness, a few books ended up scampering away that needed to come back home. Enter the Librarians on Patrol – in October, six of our staff, both strong and brave, took a trip in a U-Haul across state lines to find our babies and bring them back so they could be stored, wrapped and transferred to our new library shelves come January 2014.

Featuring: Aaron Greene, Ashley Moye, Brian Trippodo, Cory Lenz, Kim Allman & Minerva Mims

Filmed October 11, 2013 in Charlotte, North Carolina and Rock Hill, South Carolina

“Addy Will Know” courtesy of SNMNMNM – snmnmnm.bandcamp.com/

~Ashley Moye~

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ALR Student’s Corner: Bender’s Forms of Discovery

bendersformsofdiscovery

Introduction

Discovery is a key part of a civil or criminal action because it can force an adverse party to disclose information and evidence that is essential to the preparation of the requesting party’s case.  Because discovery is a key part in any trial, there must be rules and regulations monitoring it to avoid abuse by one or both parties.  The purpose of Bender’s Forms of Discovery is to showcase all the different avenues and tools used in the discovery process today.  Since Bender’s publication in 1975, the world of discovery has drastically changed thanks to the Internet and all the technological advances our country has seen over the past 35+ years.  In most cases, the law struggles to keep up with the ever evolving world of technology.  As a subset of that issue, our legal system must address how to handle and deal with each new form of evidence through discovery, and keep pace with its constant evolution.

Background

Bender’s Forms of Discovery, authored by Matthew Bender of Matthew Bender & Company, Inc., a subsidiary of LexisNexis, is a 17 volume, loose-leaf series made up of Treatises and Interrogatories.  The Index for the Interrogatories is volume 10A which provides an index for volumes 1-10A.  The Index for the Treatises is volume 17 which provides an index for volumes 11-17.  Each volume contains its own index for that specific volume.  Each index is given section numbers based on broad topics depending on the type of discovery.  These sections are broken down further into sub-categories, providing its users with even more detailed descriptions.  For instance, within Interrogatories, the categories for the different types of discovery range from accountants to computers to products liability to slip-and-falls to zoning, while the categories for the different types of discovery, in the Treatises, range from discovery generally to production and inspection (federal and state rules) to discovery of electronically stored information.

Bender’s Forms of Discovery was last updated in 2013 and can be accessed in one of the following ways: 1) using the Browse Sources feature on Lexis Advance, search or browse by title; 2) using the Charlotte School of Law Library catalog, locate the title and then click on “Ebook” to be directly linked to the Lexis Advance site; and 3) using the call number – KF 8900.A3 – pulled from the catalog, access the print version of Bender’s Forms of Discovery in the stacks at the CSL Library.

Critique

The volume indices do a great job of grouping categories into broad topics first and then breaking those down further into chapters, subcategories, sections, and subsections.  For example, “Chapter 15: Discovery of Electronically Stored Information” is broken down into such subcategories as Scope, Understanding Electronically Stored Information, Record Retention and Disposition Policy, Litigation Response Plan Formulation Stage, Identification Stage, and Preservation Stage.  These subcategories are further broken down into detailed sections and sub-sections.  However, the Index of Treatises and the Index of Interrogatories may be slightly confusing to a layperson interested in looking up a specific topic because of how the indices refer to specific topics.  The indices refer to topics by chapter numbers and sections rather than volumes, whereas the volumes are not broken down by chapters, but rather by alphabetical categories.  So, you first have to find the appropriate volume based on your topic, and then locate the chapter and section referenced in the Index.

Example

To demonstrate how easy and helpful this form book is, let’s conduct a hypothetical search.  Suppose I were a corporate attorney and had a client who is being charged with embezzlement.  Because electronic data on computers, hard drives, and other storage systems will be sought by opposing counsel, I have a moral and ethical duty to ensure that no evidence is destroyed pending litigation.  I can locate my duties as the defense attorney by using Bender’s Forms of Discovery; within Chapter 15 discussing electronically stored information, I learn everything I need to know about these duties as they pertain to this specific form of discovery.  To get there, I locate Volume 17 because it contains the Chapter 15 discussion about electronically stored information.  Within the table of contents for Chapter 15, I locate the topic “Preservation Stage” and within that, § 15.63[1]0 providing a full description and analysis of the attorney’s responsibilities to advise a client of her duty to preserve, with annotations to primary and secondary authorities.

~ Courtney Carter, L’14 ~

  Class Advisor – Cory M. Lenz, Esq.

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Free Online Resource for Immigration: Immigration Consequences of a Criminal Conviction in North Carolina

free

Charlotte Law Library is continuing a series of blogs on the free online resources available on the website of the North Carolina Court System Office of Indigent Defense Services (NCIDS).

This blog will focus on the Immigration Consequences of a Criminal Conviction in North Carolina available for free online as a pdf.

“Using a step-by-step approach to the immigration consequences of a criminal conviction, this essential guide explains the different types of immigration status and the various criminal convictions that trigger removal (deportation) in light of a person’s immigration status. Included is a detailed chart of immigration consequences of various North Carolina offenses as well as a removable, laminated checklist [print version] highlighting the key consequences.”

Here is the Table of Contents:

Immigration Consequences Manual

Title Page, Table of Contents, and Preface
Chapter 1: Overview
Chapter 2: Determining Your Client’s Citizenship and Immigration Status
Chapter 3: Criminal Grounds of Removal
Chapter 4: Conviction and Sentence for Immigration Purposes
Chapter 5: Determining Possible Immigration Consequences Based on Your Client’s Immigration Status
Chapter 6: Options for Minimizing Adverse Immigration Consequences
Chapter 7: Procedures Related to Removal
Chapter 8: State Post-Conviction Relief
Appendix A: Selected Immigration Consequences of North Carolina Offenses
Appendix B: Legal Resources for Indigent Defense Attorneys and Noncitizen Clients in North Carolina
(revised April 2008)
Summary Checklist

This manual is an invaluable resource for those who work in immigration law.  Just look at how this resource is packed with practical information!

Here is the Table of Contents of a typical chapter:

Chapter 6:

Options for Minimizing Adverse Immigration Consequences

6.1 General Rules 70

A. Offenses That Do Not Carry Adverse Immigration Consequences

B. Deferred Prosecution

C. Record of Conviction

D. Pleading Not Guilty

E. Post-Conviction Relief

6.2 Cases Involving Aggravated Felonies 72

A. Aggravated Felonies Triggered by a One Year Term of Imprisonment

B. Aggravated Felonies Triggered by More than a $10,000 Loss

C. Crime of Violence Aggravated Felony

6.3 Cases Involving Drugs 74

A. Possession of 30 Grams or Less of Marijuana

B. Simple Possession of a Controlled Substance

C. Accessory after the Fact

D. Non-Drug Charges

E. Admissions Involving Drugs

6.4 Cases Involving Crimes Involving Moral Turpitude 76

A. Offense That Is Not a Crime Involving Moral Turpitude

B. One Misdemeanor CMT

C. One Felony CMT for Noncitizen Admitted to the U.S. for More Than Five Years

6.5 Cases Involving Firearms 77

A. Weapons Offenses That Do Not Specifically Involve a Firearm

B. Non-Aggravated Felony

C. Accessory after the Fact

6.6 Cases Involving Domestic Violence 78

A. Offense That Is Not a Crime of Violence

B. Offense That Is Not Against a Person

Look for this symbol for future blogs on free online resources:

free

Come see us in the library for more resources in print and online.  And for immigration research, check out our Research Guide on Immigration Law.

~Mary Susan Lucas~

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