| THE AMERICAN LEGAL SYSTEM Foundations, Processes, and Norms First Edition |
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| Albert P. Melone, Southern Illinois University Allan Karnes, Southern Illinois University |
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| ISBN: 1-891-48792-2 |
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| Instructor Manual Available Online (ISBN: 1-931719-42-X, 497
pages) To obtain access to this material, click here. If you have proper access, click here for the PDF or click here for the Word DOC. |
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| © 2003, hardbound, 790 pages | |
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| Student
Study Guide for The American Legal System Bradley Best, Buena Vista University ISBN: 1-931719-44-6 © 2003, softcover, 190 pages |
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| Student
Study Guide Available Online To obtain access to this material, email us for information. If you have proper access, click here for the PDF. |
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Student Study Guide |
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| "The textbook's approach is
solid. While the coverage is comprehensive, it is not presented in an
overly complex or complicated fashion. The discussion of theoretical
concepts and issues is very good--it is clear without being overly long
or too short." This text is designed to introduce students to both private and public law and to the nature of the judicial system. Anchored in social science concepts, The American Legal System demonstrates the relationships between private law and public law issues, the business legal environment, as well as related subjects of interest. Part I introduces students to terms and concepts necessary for understanding the legal system, the jurisdiction and authority of courts, the organization of courts in the United States, judicial interpretation and decision-making, and the U.S. constitutional system. Part II centers on legal processes--the world of civil and criminal procedure, explained in ordinary language. Subjects include civil suits for money damages; criminal, equity, and administrative processes; and the various modes of alternative dispute resolution. Along the way, students gain a working knowledge of process and procedural rights. Part III provides chapters on the substantive legal topics of criminal law, torts, property, and family law. Part IV treats the law governing the world of business: contracts, business regulation by government, and taxation. All of these substantive law chapters include a section tracing modern substantive law to its common law roots. We also include sections on evolving legal issues including product liability, tort reform, copyright infringement, victimless crimes, youthful offenders, artificial conception of human life, and same-sex marriages. Every chapter features edited court opinions illustrating many lively and interesting controversies that will capture the interest of students regardless of their academic major. At the beginning of each chapter, students will find chapter objectives designed to guide their reading. A glossary of selected legal and Latin terms will also prove useful to the reader, as will the end-of-chapter discussion questions, lists of key names, terms, and concepts, and listings of selected books and articles for further reading. A table of cases as well as name and subject indices provides even greater detail, so that readers may also use the book as a reference. A comprehensive Instructor's Manual/Testing Program (which includes complete lecture outlines, suggested answers to the discussion questions at the end of each chapter, briefs of court opinions, and suggested films for classroom use) is available, either in book or electronic form. A Student Study Guide, written by Bradley Best (Buena Vista University), is also available. TABLE OF CONTENTS Table of Cases PART I: THE LEGAL SYSTEM IN PERSPECTIVE Chapter 1: Law in Perspective Origins of Law Schools of Jurisprudence Natural Law Historical School Utilitarianism Analytical Jurisprudence Sociological Jurisprudence Legal Realism Critical Legal Studies Branches of Law Functions of Law Defining Relationships Allocation of Authority in Society Resolution of Conflict When It Arises Redefine Relations of Individuals and Groups in Society The Method of the Common Law Board of Regents v. Southworth Reading and Briefing Court Opinions Chapter 2: Legitimacy and the Limits of Authority Legitimacy and Legalism as Ideology Bush v. Gore and Legitimacy Jurisdiction and Common Law Courts Specialized Royal Courts Court of Common Pleas Court of King's Bench Exchequer of Pleas Court of Chancery-Equity Star Chamber Court Impact of Royal Courts Jurisdictional Questions Compelling Court Appearances Long Arm Statutes and Minimum Contacts Ben & Jerry's Homemade, Inc. v. Coronet Priscilla Ice Cream Corp. Chapter 3: Court Organization and Jurisdiction in the Federal System State Courts Federal Courts Problems of Federalism National Supremacy McCulloch v. Maryland Tenth and Eleventh Amendments National Common Law Erie R.R. Co. v. Tompkins Full Faith and Credit Clause Travelers Indemnity Company v. Lake New Judicial Federalism Power and Justice Chapter 4: Judicial Interpretation and Decision Making Method of the Common Law Lake v. Wal-Mart Stores, Inc. Statutory Interpretation Caminetti v. United States Other Statutory Canons Constitutional Interpretation Interpretivism Noninterpretivism Consequence of the Debate Saenz v. Roe Empirical Theories of Decision-Making Judicial Attitude Approach Judicial Role Approach Social Background Approach Small Group and Strategic Interactions Neo-Institutionalism Empirical Theories in Perspective PART II. CONTRASTING LEGAL PROCESSES Chapter 5: Civil Suits for Money Damages Legal Profession Stratified Bar Hiring a Lawyer Kroff v. Larson Pleadings, Answers, and Replies Discovery Pretrial Conference Trial Phase of Litigation Jury Selection Opening Statements Parties and the Burden of Proof Rules of Evidence Daubert v. Merrell Dow Pharmaceuticals, Inc. Motion for a Non-Suit Defendant's Presentation Plaintiff's Rebuttal and Defendant's Answer Request for a Directed Verdict Jury Summations Judge's Instructions to the Jury Jury Deliberation and Verdict Remedies in Civil Suits for Money Damages Nominal Damages Compensatory Damages Exemplary Damages Liquidated Damages Comparing Compensatory and Exemplary Damages Hampton v. Dillard's Department Stores, Inc. Post-Trial Motions Appeal Phase of Litigation Res Judicata Enforcing Judgments Chapter 6: Equity Processes Equitable Remedies Pleadings, Answers, and Replies Johnson v. North American Life & Casualty Co. Discovery Pretrial Conferences Trial Phase of Litigation Equitable Maxims Finke v. Woodward Judicial Decrees Doe v. Anderson Chapter 7: Criminal Processes Values and the Criminal System Pleading Phase: Commencing Prosecution Complaint Information Grand Jury Indictment Arrest and Arraignment Bail Discovery in Criminal Cases Trial Phase of Criminal Processes Right to Counsel Right to a Fair and Impartial Trial Sheppard v. Maxwell Right to a Jury Trial Right to a Speedy and Public Trial Privilege Against Self-Incrimination Confrontation of Witnesses Maryland v. Craig Jury Selection Case Presentation to the Jury Final Arguments Jury Instructions and Deliberations Sentencing the Convicted Appealing Convictions Res Judicata Exception Stone v. Powell Juvenile Justice Due Process Rights Recent Trend in Juvenile Justice Chapter 8: Administrative Processes Creating Administrative Agencies Rule-Making Constitutional Limitations Congressional Delegation of Law-Making Power Flue-Cured Tobacco Cooperative Stabilization Corp. v. United States Environmental Protection Agency Presidential Powers and Constraints Information and Investigation In re Gary Kohn v. Minnesota Agency Hearings and Judicial Review Jackson Mobilphone Co., Inc. v. Tennessee Public Svc. Commission Chapter 9: Alternative Dispute Resolution Arbitration Phases of Arbitration Pick v. Discover Financial Services, Inc. Mediation Conciliation, Facilitation, and Mediation Phases of Mediation Ombuds Programs Regulatory Negotiation Court-Centered ADR Private Trials Summary Jury Trials Court-Annexed Arbitration Mini-Trial Trends PART III. LAW GOVERNING CONDUCT, PROPERTY, AND RELATIONS AMONG INDIVIDUALS Chapter 10: Torts What Is Tort Law? Evolution of Modern American Tort Law Intentional Torts Battery Cohen v. Smith Assault Cullison v. Medley False Imprisonment Taylor v. Gilmartin Intentional Infliction of Emotional Distress Blair v. LaFrance Intentional Intrusions on Land Trespass to Chattel and Conversion CompuServe, Inc. vs. Cyber Promotions, Inc. Defenses and Privileges Negligence The Interest Invaded Negligent Conduct Legal Cause of Damage The Damaged Party's Conduct Product Liability A New Era--The Restatement (Third) of Torts, Product Liability Hudgens v. Interstate Battery Tort Reform Chapter 11: Property Roots of American Property Law Interests in Real Property Present Possessory Interests in Real Property Methods of Joint or Concurrent Ownership Premier Property Management, Inc. v. Chavez Future Interests Fixtures In the Matter of: Albright Personal Property Finders of Property Bailments, Thieves and Innocent Third Parties Digital Barbarians at the Gate: Copyrighted Property Under Siege Entertainment Industry Reaction to Technology Advances Federal Copyright Statutes A&M Records, Inc. v. Napster, Inc. Chapter 12: Family Law Marriage Who May Marry? Baehr v. Lewin Common Law Marriage In Re Estate of Wagner Antenuptial (Premarital) Agreements Ending a Marriage Annulment Divorce Division of Property O'Brien v. O'Brien Spousal Support, Maintenance or Alimony Children Dependent Children of Divorcing Parents Other Issues Involving Children Children Born out of Wedlock Adoption Science and Family Law Chapter 13: Criminal Law Criminal Law Roots Sources of Police Power The Requirement of an Act and State of Mind Nevada v. Richard Crimes Against Persons Common Law Murder and Modern Variations Swafford v. State Rape State v. Thompson Battery and Assault Crimes Against Property Common Law Larceny Robbery Burglary Theft Receiving Stolen Property Extortion or Blackmail Victimless Crimes Attempt Crimes United States v. Hair Conspiracy Defenses Insanity Necessity and Duress Entrapment Infancy PART IV: LAW GOVERNING CONDUCT OF BUSINESS Chapter 14: Contracts Historical Evolution of Modern American Contract Law Basic Elements of Contract Formation Capacity Shields v. Gross Offers Accepting Offers Consideration Whitten v. Greeley-Shaw Oral and Written Contracts, and the Statute of Frauds The Land Contract and One-Year Provisions Acceptable Writings and Effect of Statute of Frauds Violations Contract Interpretation The Problem of Language and the Plain Meaning Rule Rules of Interpretation The Parol Evidence Rule Grove v. Charbonneau Buick-Pontiac, Inc. Contract Performance, Conditions, and Breach Chapter 15: Business and Government Historical Perspective of Governmental Regulation of Business Federal Power to Regulate Business Taxing and Spending Power Commerce Clause Katzenbach v. McClung Contracts Clause Negotiable Instruments Requirements of Negotiability Effects of Negotiability Holders in Due Course Secured Transactions Employment Discrimination The Federal Discrimination Statutes Oncale v. Sundowner Offshore Services, Inc. Security Regulation 33 Act Offerings 34 Act Filings and Regulations United States v. Falcone Antitrust Law Analysis of Allegations of Antitrust Violations Specific Activities Monopolies The Debate Behind the Law Other Examples of Governmental Regulation of Business Chapter 16: Taxation Federal Tax Authority Administration of Tax Law Uses of the Federal Tax System Political Nature of Tax Legislation Income Taxation of Individuals: The Tax Formula Gross Income Woody v. United States Olk v. United States Deductions Taxable Income, Tax Rates, Filing Status, and Tax Credits Limitations and Two Vital Planning Concepts Income Shifting and Capital Gains Entities for Business Activities Individual Proprietorships Corporations Partnerships and Limited Liability Companies Appendices I. United States Constitution II. Excerpts From Uniform Commercial Codes III. Taxation Appendix Glossary of Selected Legal and Latin Terms Name Index Subject Index |
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