Surveying The Courtroom: A Land Expert's Guide to Evidence and Civil Procedure
Complete Guide to Understanding the Legal Process for Expert Witnesses in Land and Natural Resource Disputes

By John Briscoe

A Complete Reference That Demystifies the Legal Process for Land Experts

A vast and complex body of laws surrounds the ownership and disposition of land resources today—so it is no wonder that land experts who assist in land and natural resource disputes often find themselves grappling with the challenging intricacies of the modern legal process. This book offers a vital road map through the labyrinth of civil laws and procedures that professionals who assist in such cases must navigate.

In Surveying the Courtroom, Second Edition, John Briscoe explains—in plain English—all pertinent rules of evidence and procedure. From the filing of a complaint to its resolution, he guides you through each phase of a land or natural resource lawsuit, clearly describing the land expert’s role at each step along the way. He supplies numerous fascinating and instructive case studies and vignettes to illustrate his points and to better prepare you for crucial developments that may arise during the course of a trial. He also provides copious references to applicable codes, statutes, and court decisions, making it easier for you to find the resources needed to verify or refute points, or to arrive at a more profound understanding of a particular subject.

Surveying the Courtroom, Second Edition is an indispensable working resource for land surveyors, title abstractors, property appraisers, geologists, hydrologists, geographers, oceanographers, civil and environmental engineers, and all other professionals who are called upon to help courts reach decisions in land and natural resource disputes

"Surveying the Courtroom is divided into two main sections. The first is on the rules of evidence and the second is on the procedures of civil cases. The section on rules of evidence contains chapters on relevance, documentary evidence, hearsay, personal knowledge, proof, presumptions, privileges, judicial notice, and opinions. The section on civil trials has chapters on pleadings and motions, discovery, trial, and post trial proceedings. It also has appendices on depositions and certification of documents. This is an immense amount of material to be contained in a mere 200 pages. However, the author states clearly that his goal is to have surveyors become more acquainted with the courtroom, not to become experts on it. Most of us would be satisfied with just a simple understanding of the activity taking place around us. It is the general explanation of how courts and lawyers operate that makes this book so appealing to me. Its specifics may not apply to my state but the generalities do. After reading it I have a better idea of what is happening and why, and I can ask more informed questions of the lawyers on "my side." After all, I know how the city council does its business and I understand the role of various boards and commissions in land development work. Why shouldn't I have the same level of appreciation of the workings of the court? I think most licensed surveyors will find this to be a useful book to have around the office." --Professional Surveyor Magazine, May 2001 Volume 21, Number 5 (Patrick Toscano is the City Surveyor for New Britain, Connecticut, and the Book Review Editor for the magazine)

About The Author:

John Briscoe is a senior partner at Washburn, Briscoe & McCarthy in San Francisco, California

Table of Contents:

THE RULES OF EVIDENCE.

Relevance.

Documentary Evidence.

The Rule Against Hearsay, or, Perhaps, the Rules Permitting Hearsay.

The Rule Requiring Personal Knowledge.

Of Proof and Other Burdens.

Presumptions.

Privileges: Must the President's Wife Tesify Also?

How to Prove the Earth Is Round: The Notion of Judicial Notice.

The Opinion Rule and Expert Testimony.

THE PROCEDURE OF A CIVIL CASE.

The Pleading and Motion Stages.

The Age of Discovery.

Trial.

Post-Trial Proceedings in the Trial and Appellate Courts.

Appendices.

Table of Cases.

Index.

Postscript.

 

Hard-Cover, 216 Pages
Published 1999