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Introduction To Law,9781401834623

Introduction To Law

by
Edition:
4th
ISBN13:

9781401834623

ISBN10:
1401834620
Format:
Hardcover
Pub. Date:
8/26/2003
Publisher(s):
Cengage Learning
List Price: $252.95

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Summary

Readers will come away from Introduction to Law with a new understanding of how the American legal system functions. The book successfully introduces the major areas of law with a look at the principles and terminology of each. Plus, it examines the roles of governmental structures and various legal professionals and the part each plays in the system. Interest in the topic is further piqued by a presentation of new cases in every chapter, as well as a discussion of current issues in such areas as procedure, torts, probate and domestic relations. Finally, readers can challenge the knowledge they have gained through suggested Internet research.

Table of Contents

Table of Cases xiii
Preface xv
CHAPTER 1 The Historical Basis and Current Structure of the American Legal System 1(30)
THE HISTORICAL BASIS OF AMERICAN LAW
2(9)
Before the Government
2(1)
The Results of the Revolution
3(4)
The Influence of Political Theories
7(1)
Balance as the Key to Success
8(3)
THE MODERN LEGAL SYSTEM
11(20)
The Sources of Law
11(14)
The Hierarchy of Law
25(6)
CHAPTER 2 The Courts 31(38)
THE PURPOSE AND EFFECT OF JUDICIAL LAW
32(4)
Characteristics of Judicial Law
32(1)
Clarification of the Law
32(3)
Protection of the Law
35(1)
THE STRUCTURE OF THE JUDICIAL SYSTEM
36(6)
Trial Versus Appellate Courts
36(1)
The Federal Court System
37(1)
The U.S. District Courts
38(1)
Special Federal Courts
39(1)
The U.S. Courts of Appeals
39(1)
The U.S. Supreme Court
40(2)
THE STATE COURT SYSTEM
42(2)
THE PROCESS OF LEGAL ANALYSIS
44(25)
Legal Analysis of Case Law (Judicial Opinions)
46(7)
The Facts
53(2)
The Legal Issue
55(1)
The Law
56(1)
The Rule
57(4)
Statutory and Administrative Analysis
61(3)
Application of Legal Analysis
64(5)
CHAPTER 3 Legislation 69(18)
THE LEGISLATIVE BRANCH
70(1)
THE PURPOSE OF LEGISLATION
71(3)
THE LEGISLATIVE PROCESS
74(5)
The Path from Concept to Law
74(2)
Constitutional Amendments
76(1)
The Function of Lobbyists
77(1)
Public Hearings and Sessions
78(1)
Publication of Legislation
78(1)
LEGISLATION AND JUDICIAL REVIEW
79(8)
CHAPTER 4 The Executive Branch and Administrative Authority 87(24)
THE EXECUTIVE BRANCH
88(9)
Changes in the Electoral Process
88(7)
Powers and Authority of the President
95(1)
The Role of the President, Then and Now
96(1)
ADMINISTRATIVE AGENCIES
97(14)
Role of the Administrative Agency
97(3)
The Creation of an Administrative Agency
100(2)
Agencies Today
102(1)
The Operation of an Administrative Agency
103(1)
Authority of Administrative Agencies
103(8)
CHAPTER 5 The Legal Professional 111(26)
WHO ARE TODAY'S LEGAL PROFESSIONALS?
112(12)
Judges
113(2)
Lawyers
115(4)
Paralegals
119(2)
Law Office Administrators
121(1)
Support Personnel
121(2)
Quasi Legal Professionals
123(1)
THE NEW LEGAL PROFESSIONAL - PARALEGAL
124(13)
The Paralegal as a Member of the Legal Team
124(1)
Development of the Paralegal Profession
125(3)
Current Defining Standards of Competence
128(9)
CHAPTER 6 The Law of Ethics 137(28)
HOW LAW AND ETHICS INTERRELATE
138(22)
Legal Ethics and Their Impact on Professionals
138(1)
Ethical Standards
139(2)
Ethical Canons and Rules
141(19)
THE RESULT OF ETHICAL VIOLATIONS
160(5)
CHAPTER 7 Substantive and Procedural Issues 165(42)
SUBSTANTIVE AND PROCEDURAL ISSUES
166(2)
The Difference Between Civil and Criminal Law
166(2)
SUBSTANTIVE VERSUS PROCEDURAL LAW
168(4)
Substantive Law
168(1)
Procedural Law
169(1)
The Common Ground
170(2)
THE CREATION AND APPLICATION OF CIVIL PROCEDURE LAW
172(1)
Creating Laws of Procedure
172(1)
Types of Procedural Law
172(1)
RULES OF CIVIL PROCEDURE
173(34)
Pretrial Proceedings
173(18)
Stages of Trial
191(6)
Rules of Evidence
197(3)
Rules of Appellate Procedure
200(7)
CHAPTER 8 Jurisdiction 207(32)
TYPES OF JURISDICTION
208(13)
Subject Matter Jurisdiction
208(4)
Jurisdiction in Personam (Personal Jurisdiction)
212(7)
In Rem and Quasi in Rem Jurisdictions
219(2)
FEDERAL JURISDICTION
221(8)
Federal Question
221(2)
The United States as a Party
223(1)
Diversity of Citizenship
223(3)
Removal and Remand
226(3)
OTHER JURISDICTIONAL CONSIDERATIONS
229(5)
Corporations
229(3)
Venue
232(1)
Forum Non Conveniens
233(1)
ESTABLISHING JURISDICTION
234(5)
CHAPTER 9 The Law of Contracts 239(36)
ELEMENTS OF A VALID CONTRACT
240(18)
At Least Two Parties
241(1)
Parties Who Have Legal Capacity
241(3)
Manifestation of Assent by All Parties
244(10)
Consideration That Supports a Legal and Enforceable Promise
254(4)
THIRD-PARTY INVOLVEMENT IN CONTRACTS
258(5)
Third-Party Contracts
258(1)
Assignment and Delegation
259(4)
PROBLEMS IN CREATING OR ENFORCING THE CONTRACT
263(4)
Terms of the Contract
263(1)
Unconscionable Contracts
264(1)
Fraud in Contracts
264(2)
Statute of Frauds
266(1)
DEFENSES TO AN ALLEGATION OF BREACH OF CONTRACT
267(2)
REMEDIES FOR BREACH OF CONTRACT
269(6)
CHAPTER 10 Property Law 275(50)
REAL PROPERTY
276(40)
Freehold Estates
276(3)
Types of Ownership Between Multiple Parties
279(7)
Air and Subsurface Rights
286(1)
Incorporeal Interests
287(6)
Buyers' and Sellers' Rights
293(3)
Adverse Possession
296(6)
Rights and Duties of Ownership
302(2)
Condominiums
304(2)
Non-Freehold Estates
306(9)
Fixtures
315(1)
PERSONAL PROPERTY
316(9)
Bailment
316(2)
Lost and Mislaid Property
318(1)
Abandoned Property
318(1)
Confused Property
319(1)
Actions to Recover Property or Its Value
319(6)
CHAPTER 11 Torts 325(64)
WHAT IS A TORT?
326(1)
THE DEVELOPMENT OF TORT LAW
327(2)
Trespass and Trespass on the Case
327(1)
Liability of Parties
328(1)
Increase in Tort Claims
328(1)
TERMINOLOGY IN TORTS
329(1)
NEGLIGENCE
330(21)
The Concept of Duty
330(1)
Range of Possible Injury
331(1)
Degree of Duty
332(1)
The Standard of Care
332(1)
Proximate Cause
333(3)
Damage
336(8)
Res Ipsa Loquitur
344(7)
STRICT LIABILITY
351(5)
INTENTIONAL TORTS
356(14)
Assault
357(1)
Battery
357(7)
False Imprisonment
364(2)
Trespass
366(1)
Fraud
367(1)
Defamation
367(1)
Emotional Distress
368(1)
Special Damages Awarded for Intentional Torts
369(1)
PRODUCT LIABILITY
370(7)
Causes of Action
370(1)
Defenses
370(1)
Statute of Limitations
371(6)
EMPLOYMENT AND TORTS
377(4)
Employer-Employee Relationship
377(1)
Statutes Governing the Employment Relationships That Affect Tort Actions
378(1)
Employer Liability Laws
379(1)
Discrimination Issues
380(1)
TORT DEFENSES
381(3)
Contributory and Comparative Negligence
381(1)
Assumption of Risk
382(1)
Last Clear Chance
383(1)
Intentional Tort Defenses
383(1)
DAMAGES IN TORT ACTIONS
384(5)
CHAPTER 12 The Law of Business 389(44)
AGENCY
391(9)
Creation of the Agency Relationship
391(1)
Agent's Duties
392(1)
Principal's Duties
393(1)
Types of Authority
394(4)
Respondeat Superior
398(2)
SOLE PROPRIETORSHIPS
400(1)
PARTNERSHIPS
401(9)
The Nature of Partnerships
401(1)
Characteristics of a Partnership
401(1)
Limited Partnerships
402(1)
The Relationship of Partners
402(1)
Partnership Property
403(1)
The Life of a Partnership
404(1)
Partnership Dealings with Third Parties
404(4)
Termination or Dissolution
408(2)
CORPORATIONS
410(23)
Corporate Characteristics
410(2)
Creating a Corporation
412(2)
Types of Corporate Status
414(1)
Personal, Close Corporations, and Limited Liability Companies
414(1)
Piercing the Corporate Veil
415(5)
Corporate Stock
420(3)
The Corporate Existence
423(1)
Voting by Shareholders
424(1)
Rights of Shareholders
425(1)
Corporate Actions
425(1)
Dissolution of the Corporation
426(1)
Bankruptcy
427(6)
CHAPTER 13 Estates and Probate 433(28)
WHAT IS PROBATE AND ESTATE LAW?
434(1)
THE FUNCTION OF THE PROBATE COURTS
434(5)
INTESTATE SUCCESSION
439(5)
TESTATE SUCCESSION
444(11)
Requirements of a Valid Will
444(2)
Will Codicils and Will Revocation
446(5)
Will Contests
451(4)
PROBATE OF ESTATES
455(6)
CHAPTER 14 Criminal Law 461(36)
DEFINITIONS AND CATEGORIES OF CRIME
463(5)
Categories of Crime
463(1)
Definition of Crime and the Elements of Criminal Conduct
463(5)
PARTIES TO CRIME
468(3)
Principal in the First Degree
469(1)
Principal in the Second Degree
469(1)
Accessory before the Fact
469(1)
Accessory after the Fact
469(1)
Parties to Crime under the Model Penal Code
470(1)
ELEMENTS OF SERIOUS CRIMES
471(10)
Inchoate Offenses
471(4)
Miscellaneous Offenses
475(1)
Felony Crimes
476(5)
PUNISHMENT
481(5)
WHITE-COLLAR CRIME
486(3)
DEFENSES TO CHARGES OF CRIMINAL CONDUCT
489(8)
Common Defenses
489(2)
The Insanity Defense
491(6)
CHAPTER 15 Criminal Procedure 497(44)
CRIMINAL PROCEDURE AND THE CONSTITUTION
498(33)
The Approach of the U.S. Supreme Court
498(1)
The Fourteenth Amendment: Due Process
498(2)
The Fourth Amendment: Search and Seizure
500(6)
The Fifth Amendment: Double Jeopardy, Self-Incrimination
506(11)
The Sixth Amendment: Speedy Trial, Impartial Jury, Confrontation
517(4)
The Eighth Amendment: Bail, Cruel and Unusual Punishment
521(10)
STAGES OF CRIMINAL PROCEDURE
531(10)
Pre-Arrest
531(2)
Arrest and Interrogation
533(1)
Bail
534(1)
Preliminary Hearing and Arraignment
535(2)
Trial, Appeal, and Sentencing
537(4)
CHAPTER 16 Family Law 541(58)
MARRIAGE AND ANNULMENT
542(12)
Antenuptial (Prenuptial) Agreements
542(4)
Requirements for Marriage
546(1)
Annulment
547(1)
Common Law Marriage
548(2)
The Marriage Relationship
550(1)
Effects of Tort and Criminal Law on Domestic Relations
551(3)
ENDING THE MARITAL RELATIONSHIP
554(4)
Jurisdiction
554(1)
Grounds for Dissolution of a Marriage
555(1)
Legal Separation
556(1)
Temporary Orders
556(2)
CUSTODY
558(3)
Who Gets Custody?
559(1)
Joint Custody
560(1)
Enforcement of Custody Orders
561(1)
CHILD SUPPORT
561(10)
Child Support Guidelines
567(2)
Modification of Support
569(1)
Failure to Pay
570(1)
VISITATION
571(1)
PROPERTY AND DEBT DIVISION
572(5)
Separate Property
572(1)
Community Property
573(1)
Pensions and Employee Benefit Programs
573(1)
Marital Debts
573(4)
MAINTENANCE (ALIMONY OR SPOUSAL SUPPORT)
577(2)
NONMARITAL RELATIONSHIPS
579(7)
REPRODUCTIVE LAW
586(13)
Paternity
586(1)
Adoption
587(6)
Fertility and Surrogacy
593(6)
Appendix A The Constitution of the United States 599(11)
Appendix B The Model Business Corporation Act 610(52)
Appendix C The Uniform Partnership Act 662(11)
Appendix D The Uniform Limited Partnership Act 673(12)
Appendix E NALA Code of Ethics and Professional Responsibility 685(2)
Appendix F NALA Model Standards and Guidelines for Utilization of Legal Assistants 687(3)
Appendix G National Federation of Paralegal Associations, Inc. Model Code of Ethics and Professional Responsibility and Guidelines for Enforcement 690(7)
Glossary 697(8)
Index 705


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