Category Archives: Books & Stuff

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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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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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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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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ALR Student’s Corner: North Carolina Estate Settlement Practice Guide

In general, practice guides are secondary sources that aid and guide lawyers through the understanding of a particular area of the law.  In addition to explaining an area of law, practice guides often times provide useful forms and tips, as well.

ncestatesettlementpractice

North Carolina Estate Settlement Practice Guide covers the topic of estate settlement in North Carolina.  The practice guide begins with a checklist that chronologically goes over the steps for settling an estate, and then, over the course of 36 chapters, examines each step, starting with becoming a personal representative and ending with tort actions involving wills and related documents.

Additionally, the practice guide provides useful tips and forms.  For instance, in Chapter 2, there are numerous forms to aid a lawyer in becoming the personal representative of an estate.  These forms and letters, such as the Application for Probate and Letters, will be very helpful to a new lawyer who may not know how to locate such information.

Part of the Charlotte School of Law Library catalog and available for purchase for $259, North Carolina Estate Settlement Practice Guide is also accessible via WestlawNext.  Simply search for the title in the universal search box or drill down within the database in accordance with the following navigational sequence: “Secondary Sources” > “North Carolina” > “North Carolina Texts & Treatises” > “North Carolina Estate Settlement Practice Guide.”  The practice guide is currently in its second edition and was last updated on WestlawNext in March 2014.

To demonstrate how easy and helpful this practice guide is, let’s conduct a hypothetical search.  Let’s say that you are a new attorney and you wish to determine how the laws and courts of North Carolina treat illegitimate children. After considering several different search terms, you decide to take “illegitimate children” into the index of the practice guide.  The index then directs you to § 20-20 where you find a general overview of the topic and references to relevant statutory and case law authority.

North Carolina Estate Settlement Practice Guide offers concise overviews of the relevant law and provides helpful practice tips for lawyers who practice in (or wish to learn) estate law in North Carolina.

~ Marci Gattis, L’ 14 ~

 Class Advisor – Cory M. Lenz, Esq.

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