Author Archives: Charlotte Law Library

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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Welcome! Law Library Basics for New Students

csllibrary1

We want to welcome all of the incoming 1Ls, LLMs, and transfer students to the Charlotte School of Law Library. We are always happy to answer questions whether at the Reference Desk, Circulation Desk, or roaming the halls of the law school, but we thought we’d take a moment to address some of the most popular ones around this time of year.

What are the hours?

The library’s space will be open 7am-11pm on Monday-Friday and 8am-11pm on Saturday and Sunday. The reference desk is staffed 9am-6pm on Monday-Thursday, 9am-5pm on Friday, and 12pm-6pm on Saturday and Sunday. The circulation desk is staffed 8am-10pm on Monday-Thursday, 8am-6pm on Friday, 10am-6pm on Saturday, and 12pm-9pm on Sunday.

Where can I print?

Law students may print 800 pages per academic semester on any of the Law School printers free of charge. If a student exceeds the 800 print quota at any time he/she will need to add additional funds before being able to print more pages. Students can add additional funds to their print cards through the finance department.

You can print to the Law School printers from your personal laptop, click here for further details and and instructions.

LexisNexis printing is free if you send your print job to the LexisNexis printer. The LexisNexis printer is located in the computer lab on the eighth floor.

Where can I scan or make photocopies?

There are several computer labs with printing and copying abilities throughout the law school. There is a copy room with three printer/copy machines on the fourth floor of the library. There is also a printer/copier on the fifth floor of the library, right in front of the reference desk. There is no cost to scan and email a document. Scanned copies that are printed counts towards your printing quota.

When will I get my Westlaw and Lexis passwords?

We will distribute LexisNexis and Westlaw passwords to 1Ls at the new student orientation next Friday, August 15th.  If you are not at the orientation to get your passwords please stop by the reference desk on the fifth floor

How do I check books out? 

When you get your student ID there will be a barcode printed on the back. You use this barcode to check-out any library materials. You also use this barcode to access any of CSL’s electronic databases while off campus.

How do I know what’s on reserve for my classes? 

The Library maintains a list of books on reserve for Law School classes both electronically and in print at the Circulation Desk.

Have other questions?

We’re sure you do. Stop by the Reference Desk, send us and email or give us a call at (704)971-8574.

~Minerva Mims~

 

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ALR Student’s Corner: Arrest, Search, and Investigation in North Carolina

Introduction

Are you a solo practitioner looking for cases to support your client’s unlawful search and seizure? Are you a judge wondering how to correctly apply the law to defendants involved in criminal matters? Or, are you a new police officer eager to carry out your duties within the law, or one looking to fill-out the proper form subsequent to the search of a vehicle? Regardless of your law enforcement role, the resource for you is Arrest, Search, and Investigation in North Carolina by Robert L. Farb, an annotated practice guide that analyzes issues of criminal law and procedure in North Carolina, specifically the law of arrest, search and seizure, and rules of evidence.

arrestinvestigationnc

Content of the Guide

Arrest, Search, and Investigation in North Carolina, currently in its fourth edition, is published by the School of Government at the University of North Carolina at Chapel Hill.  The practice guide is designed to help law enforcement and legal professionals, including judges, public defenders, police officers, law students and law professors, apply federal constitutional law and North Carolina state law as each pertains to arrest, search and seizure, and post-arrest procedures.  Within this practice guide, you will find comprehensive and relative treatment of North Carolina criminal law and procedure, insight into the practical issues of policing, and advisement within the legal field.  The practice guide further breaks down the probable cause requirements necessary to satisfy the Constitution, details the elements and factors of proof of various crimes, and annotates with case law from the United States Supreme Court (highest federal authority), NC Supreme Court (highest state authority) and NC Court of Appeals.

The practice guide is located in the “Reference: Carolinas” section, on the fifth floor of the Charlotte School of Law library.  Taking the search string – “arrest search” – into the CSL library catalog gives you the call number (KFN 7976.F37 2011) for the exact location on the shelf; a reference librarian or student workers at circulation are also there to assist.

Organization of the Guide

Inside the practice guide, there is a general table of contents listing the six chapters and chapter titles. There is a more detailed table of contents for each chapter highlighting the particular subtopics discussed. At the end of chapters two through five, there are appendices for case summaries, and at the back of the book, an index of cases in the case summaries and a subject index. Additionally, the practice guide includes forms that address such criminal procedure issues as search warrants for the search of the home, car, or person (i.e. blood samples when a DUI offender refuses a Breathalyzer), administrative inspections, and non-testimonial identification orders.

Best Way to Navigate the Guide

The general table of contents and the chapter-specific ones make it a breeze to navigate Arrest, Search, and Investigation in North Carolina. For instance, suppose you have a client who questions the lawfulness of a recent police search of his home.  Upon browsing the general table of contents for the search term “Arrests,” you are directed to Chapter 2 which deals with the law of arrest and investigative stops.  This seems relevant to your client’s issue, and upon perusing the table of contents specific to Chapter 2, you discover there are discussion and analysis of the rule of law related to entering a premises to arrest, with annotations to relevant case law and statutory authority.  Additionally, you might consider navigating the practice guide via the subject index, which is organized alphabetically.  For instance, were the same hypothetical client from above searched and frisked on the street, locating “frisk,” under the “F” column of the subject index, leads you to analysis of the rule of law related to stop-and-frisks (i.e. definitions, lawful versus unlawful Terry stops, annotations).

Conclusion

Arrest, Search, and Investigation in North Carolina is an excellent source to consult when involved in any field of criminal law, from investigating crimes to administering justice.

~ Shante’ Burke, L’14 ~

 Class Advisor – Cory M. Lenz, Esq.

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Summer Reading – Library Staff Picks

There are still a few weeks of summer left and we wanted to share some our suggestions for good reads you might want to take in before returning to school . . .


 

lifeafterlife

Last month my book club read Life After Life by Kate Atkinson. It’s a really good book to read at the beach as it is 560 pages and keeps your attention. Rarely, is there a book that I would like to read again to pick up on the pieces I missed the first time through, but this is one.

In an interview, Kate Atkinson talked about wanting to write about the London Blitz but also wanting to experiment with a character who constantly dies and is reborn. That character, Ursula lives a a different path each time she dies and is born again.  The historical fiction account of World War II in combination with an interesting structure makes this a good read.

~ Betty Thomas ~


thegolemandthejinni

I recently read and loved The Golem and the Jinni by Helene Wecker. Here’s the blurb from Amazon:

In The Golem and the Jinni, a chance meeting between mythical beings takes readers on a dazzling journey through cultures in turn-of-the-century New York.

Chava is a golem, a creature made of clay, brought to life to by a disgraced rabbi who dabbles in dark Kabbalistic magic and dies at sea on the voyage from Poland. Chava is unmoored and adrift as the ship arrives in New York harbor in 1899.  Ahmad is a jinni, a being of fire born in the ancient Syrian desert, trapped in an old copper flask, and released in New York City, though still not entirely free.

Ahmad and Chava become unlikely friends and soul mates with a mystical connection. Marvelous and compulsively readable, Helene Wecker’s debut novel The Golem and the Jinni weaves strands of Yiddish and Middle Eastern literature, historical fiction and magical fable, into a wondrously inventive and unforgettable tale.

~ Jamie Sunnycalb ~


tibetanpeachpie

Tom Robbins’ warm, wise, and wonderfully weird novels—including Still Life With Woodpecker, Jitterbug Perfume, and Fierce Invalids Home From Hot Climates—provide an entryway into the frontier of his singular imagination. Madcap but sincere, pulsating with strong social and philosophical undercurrents, his irreverent classics have introduced countless readers to natural born hitchhiking cowgirls, born-again monkeys, a philosophizing can of beans, exiled royalty, and problematic redheads.  In Tibetan Peach Pie, Robbins turns that unparalleled literary sensibility inward, stitching together stories of his unconventional life, from his Appalachian childhood to his globetrotting adventures —told in his unique voice that combines the sweet and sly, the spiritual and earthy. (Amazon)

~ Julie Morris ~


timetravelerswife

The Time Travelers’ Wife  – Audrey Niffenegger

Don’t let yourself be swayed by the soft focus movie trailer and think this is some sappy chick flick novel – this story, in book form, is literally one of the edgiest and rawest love stories I’ve ever picked up, featuring a punk rocker time traveling librarian.  It ended up on my lap as a screenplay many years ago when it was first being shopped around and I was so touched by the screenplay I immediately went on a hunt for the book, starved for more words, for the original story.  And the book itself was such a magnificent, moving piece that after I finished, I put it down and said something I’ve never said before ‘I can’t even read it again.  It’s too good.’  And it was a year before I cracked and opened the cover again.  I still haven’t gone back for my third helping…

~ Ashley Moye ~


katiespicks

~Katie Brown~


pariswife

The Paris Wife by Paula McClain

The Paris Wife is a fictionalized, but well-researched account of Hemingway’s first marriage to Hadley Richardson, told from Richardson’s perspective. It captures the warmth between the two individuals and provides a peek into the artsy, ex-patriot society which included F. Scott Fitzgerald, Gertrude Stein and Ezra Pound. I had seen this book in various book stores over the last two years, but had always walked right by it.  I’d never been a fan of Ernest Hemingway. I just didn’t “get” him.  The only works of his I had read were some of the short “Nick Adams” stories and his memoir, A Moveable Feast.  I enjoyed the latter.

I had learned that a newly restored A Moveable Feast had been published and so, along with this title, I picked up The Paris Wife.  The novel permitted me to see Hemingway in a new and more vulnerable way and has the potential of motivating me to read The Sun Also Rises.

~ Susan Catterall ~


And if none of these suit your fancy, check out these recommended reading lists:


 

read

~Julie Morris~

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Links We Love Weekly Round-Up — August 11, 2014

weeklyroundup

Never Stop Learning: How Self-Education Creates a Bullet-Proof Career

At the heart of expanding your social graph and reinventing yourself is an unquenchable desire to learn—a mindset that stays fluid and facilitates personal growth. It is the learners, those willing to open their minds and augment their skillsets, who will be poised to succeed in the future.

What Does the Future Look Like for Rising 2L Judicial Clerkship Applicants?

Since the Federal Law Clerk Hiring Plan crashed and burned earlier this year, there is uncertainty about what judges will do starting today when rising 2Ls can begin submitting applications to judges through the Online System of Application and Review, better known as OSCAR.  However, judges have posted quite a few openings with 2016 start dates which means that regardless of whether they are expecting it or not, they will receive applications from 2Ls.

Lego Releases Female Scientists Set, May Appease 7-Year-Old Critic

Months after a girl took the company to task for its female toy figures, Lego has released the Research Institute, a play set created by a “real-life geophysicist, Ellen Kooijman,” the company says.  The set will let kids take on the roles of paleontologist, astronomer and chemist, using three female figures. It might also satisfy some of the demands set forth earlier this year by Charlotte Benjamin, a 7-year-old who wrote a scathing letter to the company accusing its female characters of being boring.

Goodwill to Build $20M Charlotte Campus

Goodwill Industries is unveiling plans Tuesday to build a $20 million “Opportunity Campus” on Wilkinson Boulevard that the agency expects to be one of the most comprehensive job readiness facilities in the Carolinas.  When completed in 2016, the 18.5-acre site will house job training, job placement and job creation enterprises, along with two stores, a cafe, child care facility, a credit union, a distribution center and satellite offices for other nonprofits that help the unemployed.

North Carolina’s First Female Lawyer

Tabitha Anne Holton was a 22-year-old woman who became North Carolina’s first female attorney after successfully passing the bar examination, alongside her brother, Samuel Melanchthon Holton, in 1878. Her success was published in both Northern and Southern newspapers and drew a variety of comments, including some about her appearance.

Making Yourself Work

One of the biggest problems you need to solve if you work for yourself is how to make yourself do work.  The best entrepreneurs have figured it out and just pound out the work they need to do.  But many others put off their dream careers, or stay in jobs they like, because they’re afraid to figure this out.

Let’s Talk about Cool Stuff Librarians Do

As a future librarian, the best book I’ve read – the most intimidating, inspiring and just plain interesting – is also the one with the worst title: This Book is Overdue!  But, get it? Marilyn Jackson’s title is just a play on the stereotypical librarian, shushing patrons and and glaring evilly from behind the circulation desk, all while sucking us dry of spare change for those late books, like Blockbuster.  It’s a joke, because, especially these days, the public-library-librarian is just the tip of the iceberg.

Everyone Needs to Watch This Insane and Awesome Lawyer Ad

It’s not every day that a lawyer ad features a caber toss by the attorney. But then again, it’s not everyday you find this kind of lawyer. A Scottish gent who worked for an Australian law firm and practiced in New York before pulling up stakes and moving to Austin, Texas, to start his own firm.

Tardis Library Lands in Macon

Doctor Who, the British tv series about the adventures of a time lord, began in 1963 and is still thrilling audiences on TV today. Those familiar with the show will no doubt recognize the strange blue box that has materialized at the corner of College Street and Georgia Avenue … it’s the Doctor’s TARDIS.

Weekend Reading: Presentations on Making Killer Presentations

Presentation tips are always — and naturally — a hot topic with the SlideShare community. What’s best advice for making a killer deck? There’s plenty of advice, on everything from design to structure and delivery. More recently, three presentation pros shared their top tips for creating an outstanding presentation.

What Kind of Jobs are JD Advantage?

The statistic isn’t surprising. The proportion of new law grads in JD advantage jobs goes up as bar passage jobs drop and unemployment rises.  For the class of 2013, the percentage of grads in JD advantage jobs nine months after graduation was 13.8 percent, according to the National Association for Law Placement. The number was the highest since NALP began tracking the figure in 2001.  The figure spurred Matt Leichter of the Law School Tuition Bubble to ask just what kind of jobs are JD advantage. NALP defined the term this way in 2012: “Jobs in this category are those for which the employer sought an individual with a JD, and perhaps even required a JD, or for which the JD provided a demonstrable advantage in obtaining or performing the job, but are jobs that do not require bar passage, an active law license or involve practicing law.”

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A New Framework

framework

For the past fifteen years, academic librarians and teaching faculty have used the Association of College and Research Libraries (ACRL)’s Information Literacy Competency Standards for Higher Education (2000) as the basis for learning outcomes when teaching information literacy. These standards have been recently revised by a task force. The Framework for Information Literacy for Higher Education was developed and released for comment in July. The final version will be presented to the ACRL Board in August for approval in September.

Implications for Law Librarians and Faculty

The American Association of Law Libraries Information Literacy Standards and Legal Research Competencies are based upon the ACRL Information Literacy Competence Standards for Higher Education (2000). Once the new Framework is adopted by ACRL, the standards for legal research may also change to mirror the updated thinking.

The Framework is substantially different from its predecessor.  With changes in the higher education environment for students, faculty and librarians, the Framework is no longer a set of standards with prescribed skills. It is called a framework because it is based on interconnected threshold concepts with flexible options for implementation.

Information Literacy Redefined

The new Framework redefines the term information literacy so that it is more useful to different disciplines and academic institutions.  (Some library authorities like William Badke dislike the term and refer to information literacy skills simply as research processes.) The new definition follows:

Information literacy is a repertoire of understandings, practices, and dispositions focused on flexible engagement with the information ecosystem, underpinned by critical self-reflection. The repertoire involves finding, evaluating, interpreting, managing, and using information to answer questions and develop new ones; and creating new knowledge through ethical participation in communities of learning, scholarship, and practice.

Threshold Concepts

Threshold concepts are “those ideas in any discipline that are passageways or portals to enlarged understanding or ways of thinking and practicing within that discipline.”

The six threshold concepts are:

  1. Scholarship is a Conversation
  2. Research as Inquiry
  3. Authority is Contextual and Constructed
  4. Format as a Process
  5. Searching as Exploration
  6. Information has Value

Each threshold concept is supported by:

  • Knowledge practices (abilities) which are demonstrations of ways in which learners can increase their understanding of these concepts
  • Dispositions which describe ways in which the affective, attitudinal, or valuing dimension of learning can be addressed.

The framework will be accompanied by a toolkit that will include assignments and assessments for different situations. There has also been discussion of having a separate mapping document to help link the threshold concepts to the old standards. Ultimately, an online sandbox will be created to help librarians and instructors see a variety of practical applications.

This is the basic framework. The discussion will continue. There will be some changes before the task force presents the final version to the board. However, the basic structure will still include these concepts and a new framework.

~Betty Thomas~

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ALR Student’s Corner: The North Carolina Defender Manual – Pretrial and Trial

The North Carolina Defender Manual is part of a collection called the North Carolina Indigent Defense Manual Series.  The series serves to provide comprehensive, up-to-date reference materials to attorneys who defend indigent clients.  The Defender Manual has two volumes: volume one addresses the intricacies of pretrial criminal procedure, while volume two provides materials for the trial level.  Each volume includes a complete table of contents at the beginning of the manual, as well as, a more in-depth table of contents at the beginning of each chapter.  The Defender Manual is funded by and made available for free online through the North Carolina Office of Indigent Defense Services.

ncdefendermanual

Volume one was authored by John Rubin, also the series editor, and Alyson A. Grine.  John Rubin has been with the University of North Carolina at Chapel Hill’s School of Government since 1991.  He specializes in criminal law and procedure and indigent defense education.  Alyson A. Grine has been with the School of Government since 2006 where she serves as defender educator.  Volume two was authored by John Rubin and Julie Ramseur Lewis.  Ms. Lewis has served as an assistant public defender in Charlotte since 1993.

The first volume has 15 chapters that include the following issues related to pretrial criminal procedure: pretrial release, probable cause hearings, discovery, grand jury proceedings, jurisdiction, venue, suppression motions, and stops and warrantless searches.  Case law authority includes decisions through June 30, 2013 and statutory authority, through the end of the 2013 session of the North Carolina General Assembly.  Volume two, current through February 2012, includes the following issues related to criminal procedure at the trial stage: personal rights of the defendant, guilty pleas, jury selection, opening statements, closing arguments, and appeals, post-conviction litigation, and writs.

The manual cites to all relevant case law and statutes.  It lays out the elements of rules in easy-to-read bullet form and then provides an in-depth explanation of the rule.  Throughout the volumes, you will find helpful charts, forms, and other materials. Volume two includes Performance Guidelines for Indigent Representation in Non-Capital Criminal Cases at the Trial Level which acts as a training tool to help practicing attorneys provide quality representation to indigent defendants.  Additionally, the manual includes practice notes that provide instruction for problems that may arise during representation. For example, consider the following practice note below:

Volume two includes about twice as many practice notes as volume one.  But, unlike volume two, volume one includes legislative notes that detail any changes made to the statutes during the 2013 session.

Because this practice guide is available for free online through the Office of Indigent Defense Services’ website, it has the advantage of providing external links to helpful forms and websites, as exemplified below.

Although it places a special emphasis on indigent clients, the North Carolina Defender Manual is a great resource for any attorney practicing criminal defense.  It reads much like one of the many study aids that law students come to know very well.  It is a one-stop-shop for the key legal principles and practice pointers at every stage of litigation. The manual also provides checklists, fillable practice forms, sample questions, and many other helpful practice materials.  It is a great reference guide for anyone who is interested in criminal law.

~ Lindsey Cox, L’14 ~

 Class Advisor – Cory M. Lenz, Esq.

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Westlaw Webinars: Transition from Westlaw® Classic to WestlawNext®

Make the transition from Westlaw Classic to WestlawNext smoother in August with two upcoming webinars: “From Westlaw Classic to Next” webinars, Basic and Advanced.

Basic webinar:

  • Where to find your favorite aspects of Westlaw Classic on WestlawNext
  • Information on Finds and Searching
  • Boolean Searches
  • KeyCite®
  • Key Numbers

Advanced webinar:

  • Alerts on WestlawNext
  • Custom Pages (similar to tabs on Westlaw Classic)
  • Folders
  • Practical Law

Both webinars will review how to save the Research Trails you use the most on Westlaw Classic so you have them available for WestlawNext.

Upcoming Webinar Dates

  • Basic
    August 4th — 2pm Eastern, 1pm Central, Noon MT, 11am PT — Register Today

    Advanced
    August 7th — Noon Eastern, 11am CT, 10am MT, 9am PT — Register Today

    Basic
    August 13th — 1pm Eastern, Noon Central, 11am MT, 10am PT — Register Today

    Advanced
    August 15th — 1pm ET, Noon CT, 11am MT, 10am PT — Register Today

    Each of these classes will be held weekly through August; therefore, if the above times do not fit into your schedule, check the webinar page for more dates and times.

Online Trainings Available

Not able to attend? The topics covered in these webinars, as well as additional topics, are available through Westlaw in short, online trainings.

Visit the From Classic To WestlawNext training page for access and for more information.

Contact the reference desk if you have any questions or need any assistance!

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Links We Love Weekly Round-Up — August 4, 2014

weeklyroundup

 Legal Blog Post Writing Contest

You love the law, but your friends think it’s boring. Show them that legal topics can be interesting, and even entertaining, while still providing substantive legal insights by entering The Expert Institute’s Legal Blog Writing Contest. To participate, submit a 1,000 to 2,500 word blog-style article on the use of expert witnesses in litigation through our online submission portal at the bottom of this page by December 31, 2014. If your article wins, you will receive a $500 cash prize, and your article will be published on The Expert Institute’s blog and distributed in our weekly newsletter, where it will be read by thousands of practicing attorneys.

101 Free Things to Do in Charlotte This Week

This week has some especially fun free events. All in all there are 101 free events, with more being added…

Hot vs. Cold: A Temperature-Based Approach to Conflict Resolution

Work conflicts are inevitable regardless of the size of the team. At your office, perhaps the marketers and developers can’t agree on a launch date. Or as a freelancer, perhaps an irate client is strong-arming you into another round of design revisions. But before we try to deal with a conflict, Mark Gerzon, the author of Leading Through Conflict: How Successful Leaders Transform Differences Into Opportunities, asks us to stop and consider the following question:  Is the conflict hot or cold?

Beyond Biglaw: 4 Tips for Writing Good Emails

Whether you practice in Biglaw or a boutique, knowing how to email is a critical skill. In fact, the quality of a lawyer’s emails are among the best indicators of their future career prospects, excepting those fortunate to be born with a guaranteed multimillion-dollar book of business through family connections. That should not be a surprise, considering how email is the single most used form of communication for lawyers.

Want Blog Posts Shared on Social? Design for Mobile Users

If you are looking to have your blog posts shared on social media, you best provide mobile viewers an exceptional user experience.  A new Forrester survey of 37,000 consumers found that mobile users are more likely to share a branded post than desktop users. While 28% of desktop users share branded posts that rises to 40% of tablet users and 36% of smartphone users.  In addition, almost half (49%) of tablet and 46% of smartphone users engage with corporate content via likes, shares or comments, compared with just 37% of desktop social users.

Robots Are People, Too

If courts are going to treat corporations like humans, they should do the same for robots.

New or Forthcoming Books on the Supreme Court & Other Related Materials

There has never been a shortage of books on the Supreme Court, and that tradition continues as evidenced by fifteen new or forthcoming works.  The new books cover a range of topics, from a critique of the current Court to an examination of the Court’s monetary decisions to books on how the traditional and electronic media cover the Court’s work.

The Networked Catalog

At NYPL Labs, we are fascinated with our catalog and the possibilities its data represents. Just as the catalog has changed in the past we wonder what other possible forms it could take today, and in the future. With this driving thought we conducted a preliminary experiment: what if the catalog had a “See All” button? What if you could see everything at once, to get the big picture about what subjects the library has information on and what are the related topics?

All-Nighters Could Alter Your Memories

People who don’t get enough sleep could be increasing their risk of developing false memories, a new study finds.  In the study, when researchers compared the memory of people who’d had a good night’s sleep with the memory of those who hadn’t slept at all, they found that, under certain conditions, sleep-deprived individuals mix fact with imagination, embellish events and even “remember” things that never actually happened.

Federal Court Rules could Open Door to Same-Sex Marriage in the Carolinas

The state of North Carolina will stop defending its same-sex marriage ban after a federal court ruled Virginia’s ban unconstitutional and cracked the door to gay marriage in the Carolinas.

12 Movies with Pivotal Lessons Featuring Lawyers

Movies transport us. They take us to different times and places, bringing laughter in one moment and tears in the next. But no matter how outlandish the plot, at their core movies examine the human condition. We tell stories about ourselves to ourselves, even if the characters are ostensibly aliens or animals or fuzzy monsters. They are based on realities we can learn from.  So while no real-life courtroom may be run like a movie courtroom, there are plenty of deeper truths woven into screenplays and plenty of lessons to be learned—even when we’re looking for entertainment, not an education.

Librarians, Media React to Launch of Kindle Unlimited

In a long-expected move, Amazon on July 18 announced the launch of Kindle Unlimited, a new subscription service that will give users unlimited access to a selection of 600,000 ebooks and more than 2,000 audiobooks on Amazon Kindle devices and any device with a Kindle app for $9.99 per month. Amazon is not first to market with an “all you can read” commercial ebook subscription platform—it follows last year’s launch of Scribd and Oyster. But the online retailer’s financial resources, marketing clout, and massive base of Kindle users will doubtless raise consumer awareness of ebook subscription services while altering the competitive landscape for all providers of ebooks, including libraries.

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