Treatise Spotlight: Contract Enforcement

Title: Contract Enforcement

Author: Edward Yorio and Steve Thel

Edition: 2nd
Last update: 2013 Supplement

Description: Contract Enforcement, Second Edition covers every aspect of the availability and inherent limitations of equitable remedies in such contract areas as:

• Real estate
• Sale of goods
• Intangible personality
• Construction contracts
• Covenants not to compete
• Wills and other property agreements
• Employment agreements
• Franchise agreements
• International trade

You will find in-depth analysis of the policies that underlie contract remedies, as well as clear explanations of the practical consequences of those policies in contract litigation. The effect on availability of equitable relief of such factors as:

• Right to a jury trial
• Legal limits on contract damages
• Disgorgement of profits
• And agreed remedies are also examined

Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary.

Description from publisher's website.

Treatise Spotlight: The Right to Die: The Law of End-of-Life Decision Making

Title: The Right to Die: The Law of End-of-Life Decision Making
Author: Alan Meisel
Publisher: Aspen
Edition: 3rd Ed.
Last Update: 2013 Release

Description: The Right to Die, Third Edition analyzes the statutory and case law surrounding the profound issues of end-of-life decisionmaking. Whether the situation calls for long-term planning or quick, unexpected decisionmaking, this cogent, one source treatise guides you through all the available channels for helping your clients reach the ultimate resolution.

This comprehensive edition guides general practitioners, elder law, health law, and health care professionals through complex issues pertaining to passive and active hastening of death and such subsequent statutes as The Oregon Death with Dignity Act. Also covered in the Third Edition are such issues as:

• Civil and Criminal liability for such efforts
• Do-not-resuscitate orders
• Advance directives
• Health care powers of attorney
• Palliative medical care
• Decision making for children and newborns
• Surrogate decisionmaking statutes
• Resolution in a clinical versus a court setting
• And much more

Description from publisher's website.

Treatise Spotlight: Debt Collection Practice in California, 2nd edition

Title:  Debt Collection Practice in California, 2nd edition
Publisher: CEB
Last update: December 2012

Description:  Debt Collection Practice in California:  Understand successful creditor remedies and effective debtor defenses—both essential tools in a difficult economy. For creditors, learn to obtain powerful judgments—and how to collect on them. For debtors, discover defense strategies and responses to a judgment.

• Bringing creditor actions, discovery, prejudgment remedies, obtaining a judgment
• Writ enforcement, finding debtor assets, wage garnishment
• Debtor defense before and after entry of judgment
• Complying with the Fair Debt Collection Practices Acts
• Enforcing family law judgments
• Indispensable court pleading forms and mandatory Judicial Council forms
• Bankruptcy issues for both creditors and debtors
• Handling a deceased debtor’s debts

(description from publisher’s website)

 

Serving Seniors - Free Legal Assistance Clinic for Senior Citizens

Nevada Legal Services and the State Bar of Nevada's Young Lawyers' Section will be holding free legal assistance clinics for senior citizens on Friday, April 19, 2013 at the times and locations below.  For more information, call Nevada Legal Services, at 775-284-3491 x214.

Carson City: 
The BRIC
108 E. Proctor
775-284-3491
1 to 3 p.m.

Elko:
Nevada Legal Services
380 Court Street, #D
1 to 4 p.m.

Fernley:
City of Fernley Offices
595 Silver Lace Blvd.
8:30 to 10:30 a.m.

Gardnerville:
Douglas County Senior Center
2300 Meadow Lane
9 to 11 a.m.

Virginia City:
Storey Senior Citizen's Center
100 E. Mill Street
12 noon to 2 p.m.

Winnemucca:
Humboldt County Library
85 East Fifth Street
1 to 3 p.m.

April Self-Help Clinics at the Nevada Supreme Court Library

4/9 ETA:  Good news - this previously-cancelled clinic will be held at the Supreme Court Law Library on 4/11 after all.

Nevada Legal Services will be holding two clinics at the Supreme Court Library on Thursday, April 11. The monthly Self-Help Forms Completion Clinic will run from 1:30-3 p.m. and the Education Clinic (Bankruptcy Education) will be held from 3:30-5 p.m. While the forms completion clinics are drop in, you must register for the education classes by calling 775-284-3491 x214.

The schedule of educational clinics for the rest of the year is as follows:

May 9, 2013 - Family Law Education - Adoption
June 13, 2013 - Guardianship Education
July 11, 2013 - How to File a Small Claim Case
August 8, 2013 - Bankruptcy Education
September 12, 2013 - Landlord/Tenant Education
October 10, 2013 - Family Law Education - Changing/Modifying Custody
November 14, 2013 - Sealing Criminal Records
December 12, 2013 - no education clinic will be held in December

NLS will hold forms completion and educational clinics on Thursday, April 25 at the Carson City Library. For information, contact the Carson City Library.

Civil Practice Act of 1911, Crimes and Punishments Act of 1911 and Criminal Practice Act of 1911

The 1911 Legislature passed three acts on civil procedure, crime and criminal practice which legal researchers still occasionally reference.   If you find yourself confronted with 1911 CPA, 1911 C&P or 1911 Cr. Prac. and want to know why you can't find a citation to the Statutes of Nevada or a copy of the act, it is because they were not published.  Here is the explanation from the Legislative Counsel's Preface to the 2011 Nevada Revised Statutes:

In the case of the Civil Practice Act, Criminal Practice Act and Crimes and Punishments Act of 1911, which were omitted from Statutes of Nevada 1911 as authorized by chapter 84, Statutes of Nevada 1911, the reviser has employed the following abbreviations in the legislative history:

• 1911 CPA—Civil Practice Act of 1911
• 1911 C&P—Crimes and Punishments Act of 1911
• 1911 Cr. Prac.—Criminal Practice Act of 1911

http://www.leg.state.nv.us/Division/Research/Library/LegHistory/Tutorial/NRSHistoryLine.cfm
(emphasis added)

And because we like to be thorough here at the Supreme Court Library, here is an image of Chap. 84 of the 1911 Statutes of Nevada:

Treatise Spotlight: Automobile Liability Insurance 4th

Title:  Automobile Liability Insurance, 4th

Author(s):  Irvin Schermer, William Schermer
Publisher:  Thomson West
Edition:  Fourth
Last Update:  November 2012 (semiannual supplement)

Description:  Automobile Liability Insurance offers a thorough analysis of substantive law, practice tips, and expert guidance, cutting through complex issues of automobile insurance law. The comprehensive coverage of caselaw and statutes from each state lets you handle practice issues from the initial claim for insurance benefits through every phase of litigation.

This all-encompassing resource is organized to give you instant access to answers on any question about automobile liability insurance. It suggests ways to enforce no-fault claims, explores conflicting laws on automobile liability, and probes issues of bad faith. It contains thorough treatment of:

• Coverages and exclusions

• Bad faith/refusal to settle

• Refusal to defend

• Discovery

• No-fault and PIP

• Medical examinations

• Arbitration

• Uninsured/underinsured motorist coverage

• Stacking of coverages

• Subrogation

• Conflict of laws

It also includes state-by-state no-fault summaries. 

 

(Description taken from publisher's website.)