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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 | |