The Legal Advocate

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Category Archives: Publications

NITA Case File: State v. Casey

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stateVsCaseyBy Joseph E. Taylor

In State v. Casey, the defense and the prosecution agree that Bill Melton and his eleven-year-old son Stephen were murdered in their home with Bill’s own shotgun. What they don’t agree on, however, is who pulled the trigger.

Michael Casey, the eighteen-year-old defendant, has been charged with first-degree murder in the deaths of his stepfather and half-brother. Michael confesses to Detective Stevens but later recants, contending that it was his mother, Dianna Melton, who actually murdered Bill and Stephen to collect $500,000 in insurance money. The prosecution stands by its case that Michael, allegedly inspired by a made-for-television movie about a teenager who murders his family under similar circumstances, killed both victims–and would have killed his own mother, too, if he hadn’t run out of shotgun shells.

This second edition of State v. Casey tests the student’s advocacy and medical expert witness skills through this full trial, which includes four witnesses per side, including the coroner and forensic experts in fingerprint and blood spatter analysis, and electronic evidence in the form of Facebook posts on an online “microsite.” The case file also includes CD-ROM containing the exhibits.

$35Order Now: at lexisnexis.com

NITA Publication: Fact Investigation, Second Edition

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factInvestigationby Professor Anthony Bocchino and Paul J. Zwier

In a successful litigation, it isn’t enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career.

The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn’t involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client’s competing rights to both speech and privacy in our highly discoverable online world.

Retail Price: $55

Order Now in: ePub (iPad, Kobo, Nook, Sony), Mobi (Kindle) or Print

NITA Case File: Yount v. Molitor

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yountVmoliterBy Paul Zwier & William Hunt

For Fred Yount, being Hal Molitor’s protege, was getting caught in a downpour of pennies from heaven. By working hard at Hal’s business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had, and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal’s “investment” operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred’s business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred’s severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement.

Yount v. Molitor tests the student’s advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online “microsites.” In this novel case of finance and flirtation, students will discover that there’s nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit.

Faculty Materials: $35Order Now: at lexisnexis.com
Plaintiff Materials: $35Order Now: at lexisnexis.com
Defendant Materials: $35Order Now: at lexisnexis.com

 

Evidence Problems

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Evidence-Problems-COVERby Bruce G. Berner

Judicial opinions are a wonderful tool to introduce students to certain principles embedded in the evidence rules, but the problem method of learning is a more efficient way for student to not only comprehend the purposes of the rule, but also to gain confidence in working with those rules.

Evidence Problems presents a set of problems designed primarily as supplementary material for an introductory course in Evidence. These problems allow the first-time evidence student to gain a working knowledge of how the rules work in connection with a set of recurring trial situations. Some problems are designed to be used after a lecture or a discussion of casebook, rulebook, or textbook material. Other problems are designed to cement a student’s understanding of the purpose and operation of a given rule of evidence. Evidence Problems also presents review problems for students to work through on their own.

Evidence Problems can also be used to help trial advocacy or trial practice students review the rules.

Retail Price: $45

Order Now in: ePub (iPad, Kobo, Nook, Sony), Mobi (Kindle) or Print

NITA Case File: Point v. Dunstable

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pointVdunstableHaving a film short accepted at the prestigious Sundance Film Festival is a dream come true for many indie filmmakers-especially if early buzz suggests it could take the top prize. Such was the case for French filmmaker Josephine Point and What Red Balloon?, Point’s incisive, twenty-minute social critique of globalization. But when her distributor colorized portions of the film without her express consent, Point was outraged and embarrassed, but hardly surprised, when her film was the flop of Sundance. Colorization had changed her film’s theme to such a degree that it no longer made the strong social statement that the plaintiff intended, and her repeated invocation of droit moral-the European legal concept of artists’ “moral right” to have their artistic works remain as they created them-fell on the deaf ears of counsel and the arbitration board assembled to settle the dispute.

Point v. Dunstable is a legal malpractice case involving artists, arbitrators, film experts, questions of professional liability, and the nexis-if any-of American and European intellectual property law. With exhibits and two witnesses (including experts) per side, Dunstable sharpens a student’s trial skills and knowledge of ethics and professional conduct. Substantive knowledge of intellectual property law is neither tested nor required. It is suitable as a half-day bench trial or full-day full trial.

Please note that a crucial part of the fact pattern in Point v. Dunstable concerns the unauthorized colorization of the plaintiff’s film. The movie stills are reproduced in black and white exhibits in the print version of this case file, but appear in accurate color on the CD-ROM. Please refer your students to the CD-ROM exhibits when teaching this case file.

ISBN: 9781601564009 Retail: $35

Order Now: at lexisnexis.com

NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goals are to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
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