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Preface | |
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Acknowledgments | |
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To the Student | |
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Charting a New Course | |
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Building the Bridge Between Medical and Legal | |
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History of the New Profession | |
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A New Professional | |
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Duties of the New Professional | |
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Qualifications of the New Professional | |
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Training Programs | |
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Future Trends | |
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Certification | |
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Limitless Opportunities | |
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Independent Consulting | |
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Insurance | |
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Education | |
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Law Firms | |
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Government | |
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Business and Industry | |
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Planning for a Career in Law | |
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Changing Career Paths | |
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Self-Assessment | |
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Career Goals | |
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Career Planning | |
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Legal Nurse Consultant Compensation and Benefits | |
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Reevaluating a Career | |
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Crossing the Bridge to Employment | |
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Marketing | |
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Finding Potential Employers | |
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Initial Contact | |
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Resumes and Curriculum Vitae | |
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Interview | |
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Follow-up | |
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Crossing the Bridge to Independent Practice | |
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Entrepreneurial Spirit | |
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Products and Services | |
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Types of Business Organizations | |
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Legal Considerations | |
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Mission, Vision, Goals, and Strategic Plan | |
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The Business Plan | |
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Financing a Small Business | |
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Marketing an Independent Legal Nurse Consulting Business | |
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Client Relations | |
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Start-up Checklist | |
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Legal Nurse Consultant Profile--LeaRae Keyes | |
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The American Legal System | |
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The Foundation for the American Legal System | |
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Roman Law | |
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English Common Law | |
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Sources of Modern Law | |
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Purposes of Law | |
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Classifications of Law | |
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Application of Law | |
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Forces That Impact Law | |
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The United States Constitution | |
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The Two Parts of the Constitution | |
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Purposes of the Constitution | |
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The Articles of the Constitution | |
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The Amendments to the Constitution | |
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The "Living Document" Interpretation | |
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Resolution of Legal Disputes | |
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Litigation | |
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Types of Litigation | |
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Remedies in Civil Litigation | |
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Jurisdiction | |
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Federal Court System | |
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State Court Systems | |
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Three Lanes: Criminal, Administrative, Civil | |
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Criminal Law | |
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Two Classes of Crimes | |
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Criminal Procedure | |
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Administrative Law | |
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Civil Law | |
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Civil Procedure | |
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Post-Trial Alternatives | |
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Alternative Dispute Resolution | |
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Advantages and Disadvantages of Alternative Dispute Resolution | |
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Legal Nurse Consultant Profile--Kathleen Sullivan | |
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Case Study: State v. Mullins | |
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Legal Analysis | |
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Introduction to Legal Reasoning | |
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Isolating the Facts | |
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Identifying Elements in the Law | |
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Comparing the Facts to the Elements | |
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Legal Authority | |
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Types of Authority | |
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Primary Sources | |
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Statutes | |
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Case Law | |
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Administrative Rules and Regulations | |
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Persuasive Application of Authority | |
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Legal Reasoning | |
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Persuasive Argument | |
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Synthesizing Facts and Law | |
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The Role of the Legal Nurse Consultant | |
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Writing A Brief | |
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Case Brief | |
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The Six-Point Method | |
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IRAC | |
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Opinion Format | |
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Process of Writing Case Briefs | |
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Legal Nurse Consultant Profile--Marilyn Mason-Kish | |
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Legal Research | |
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Statutory Sources of Law | |
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Legal Citation | |
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Constitutions | |
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Publication of Constitutions | |
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Treaties | |
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Publication of Treaties | |
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Statutes | |
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The Law-Making Process | |
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Reading Laws | |
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Publication of Federal Laws | |
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State Laws | |
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Publication of State Laws | |
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Citation | |
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Municipal Law | |
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Judicial Sources of Law | |
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The Components of a Court Opinion | |
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Publication of Case Law | |
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Publication of Federal Court Cases | |
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Publication of State Court Cases | |
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Administrative Sources | |
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Enabling Legislation | |
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Classifications of Administrative Agencies | |
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Powers of Administrative Agencies | |
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Laws Governing Administrative Agency Proceedings | |
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Promulgation of Agency Regulations | |
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Publication of Federal Administrative Law | |
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Looseleaf Services | |
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State Administrative Agencies | |
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Secondary Authority and Indices to Law | |
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Secondary Sources | |
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Categories of Secondary Authority | |
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Dictionaries | |
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Restatements | |
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Legislative History | |
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Indices to Law | |
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Validating Law | |
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Computerized Legal Research | |
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Legal Nurse Consultant Profile--James Fell | |
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Case Study: Keeth v. State Department of Public Safety and Transportation | |
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Personal Injury Law | |
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Introduction to Tort Law | |
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Classification of Torts | |
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Sources of Tort Law | |
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Tort Liability | |
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Remedies in Tort | |
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Legal Analysis of Torts | |
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Intentional Torts | |
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Torts Against the Person | |
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Torts Against Peace of Mind | |
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Net Results | |
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Torts Against Property | |
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Torts Against Business | |
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Defenses to Intentional Torts | |
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Negligence | |
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Foreseeability | |
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Elements of Negligence | |
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Vicarious Liability | |
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Damages Recoverable in Negligence | |
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Negligence Per Se | |
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Professional Negligence | |
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Res Ipsa Loquitur | |
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Defenses to Negligence | |
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The Impact of Negligence on Personal Injury Litigation | |
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Medical Negligence | |
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Special Features of Medical Negligence | |
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Damages in Medical Negligence Cases | |
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Defenses to Medical Negligence | |
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The Role of Legal Nurse Consultants in Medical Negligence | |
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Strict Liability | |
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Strict Liability Circumstances | |
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Strict Liability Activities | |
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Defenses to Strict Liability | |
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Role of Legal Nurse Consultants in Strict Liability Actions | |
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Products Liability | |
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Theories of Recovery in Products Liability | |
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Defenses to Products Liability | |
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The Role of the Legal Nurse Consultant in Products Liability Cases | |
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Class Action and Multidistrict Litigation | |
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Case Management | |
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Class-Action Lawsuits | |
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Related Federal Civil Cases | |
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Multidistrict Litigation | |
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The Role of the Legal Nurse Consultant in Complex Litigation | |
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Introduction to Evidence Law | |
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Classifications of Evidence | |
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Relevance | |
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Limitations on Relevance | |
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Witness Testimony | |
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Physical Evidence | |
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Other Evidentiary Concepts | |
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How Evidence Law Impacts the Role of the Legal Nurse Consultant | |
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The Basics of Civil Procedure | |
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Pleadings | |
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Discovery | |
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Trial | |
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Post-Trial Alternatives | |
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The Role of the Legal Nurse Consultant in Civil Procedure | |
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Legal Nurse Consultant Profile--Yolanda Smith | |
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Case Study: Moore v. Willis-Knighton Medical Center | |
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Medical-Legal Writing | |
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Introduction to Legal Writing | |
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Stages of Legal Writing | |
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Cautions Concerning Legal Writing | |
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Fundamental of Writing Well | |
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Typical Documents Prepared by Legal Nurse Consultants | |
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Legal Correspondence | |
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Purposes of Legal Correspondence | |
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The Components of a Letter | |
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Letter Styles | |
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Letter-Writing Tips | |
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Building Relationships through Correspondence | |
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Types of Legal Correspondence | |
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Correspondence Written by the Legal Nurse Consultant | |
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Correspondence for Acquiring Medical Records | |
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Correspondence with Physicians and Experts | |
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Medical Summaries | |
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Attorney Work Product | |
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Steps in the Medical Summary Process | |
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Other Types of Medical Summaries | |
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Medical Bill Review | |
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Uses of Medical Bill Reviews | |
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Resources for Medical Bill Review | |
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Reviewing the Bills | |
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Writing the Review | |
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Damages and Life-Care Plans | |
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Documenting Past Medical Expenses | |
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Supporting Future Medical Expenses | |
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Life-Care Plans | |
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Supporting General Damages | |
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Developing a Basis for Punitive Damages | |
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Calculating Loss of Earnings and Earning Capacity | |
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The Role of the Legal Nurse Consultant in Development of Damages | |
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Medical Literature Review | |
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Sources for Medical Research | |
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Identifying the Issues to Research | |
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Locating Appropriate Medical Sources | |
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Evaluating Medical Research Results | |
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Junk Science | |
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Research Strategy Using Print Media | |
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Research Strategy Using the Internet | |
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Researching Medical Credentials | |
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Preparation for Trial | |
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Responsibilities of the Legal Nurse Consultant in Preparation for Trial | |
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Trial Notebooks | |
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Deposition Summaries | |
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Trial Strategy | |
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Exhibits | |
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Preparing Witnesses and Clients to Testify | |
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Learned Treatise | |
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The Role of the Legal Nurse Consultant at Trial | |
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Legal Nurse Consultant Profile--Franklin W. Wilson, Jr. | |
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Case Study: Clark v. Philadephia College of Osteopathic Medicine | |
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Ethics | |
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Ethics of the Legal Profession | |
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Sanctions for Unethical Conduct | |
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Model Rules of Professional Conduct | |
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How Lawyers May Advertise | |
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Ethical Code Relative to Lay Staff | |
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Litigation Ethics | |
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Unauthorized Practice of Law | |
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Professionalism | |
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American Association of Legal Nurse Consultants | |
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Purposes of the American Association of Legal Nurse Consultants | |
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Scope of Practice | |
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Standards of Practice | |
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Code of Ethics | |
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Certification | |
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Professional Association | |
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The United States Constitution | |
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Chapters of the American Association of Legal Nurse Consultants | |
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Education Programs for Legal Nurse Consultants | |
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Related Professional Associations | |
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Glossary | |
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Index | |