9780314260024

Introduction to Legal Method and Process : Cases and Materials

by ; ; ;
  • ISBN13:

    9780314260024

  • ISBN10:

    0314260021

  • Edition: 3rd
  • Format: Hardcover
  • Copyright: 2002-07-01
  • Publisher: West Group

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Supplemental Materials

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Table of Contents

Preface to the Third Edition v
Introduction vii
Table of Cases
xvii
Materials and Methods of the Study of Law
1(69)
The Study of Law
1(10)
On Reading and Briefing Cases
11(13)
Readings on the Case Method
24(10)
The Common Law System
34(6)
The Two Functions of Judicial Decisions: Stare Decisis and Res Judicata
40(12)
Overview of the Judicial Systems
52(5)
Jurists' Views of the Judicial Process and Function
57(13)
The Anatomy of a Legal Dispute
70(78)
Our Story Begins
70(1)
The Law Intervenes
71(1)
John's Dilemma
71(3)
Collateral Consequences
74(1)
Kim's Predicament
75(2)
The First Interview
77(15)
Analysis of the Case
92(3)
Negotiation
95(1)
Alternative Dispute Resolution
95(1)
Selecting the Court System
96(5)
Pleadings and Pretrial Motions
101(9)
Pretrial Disclosure and Discovery
110(9)
The Pretrial Conference
119(1)
Jury Considerations
120(4)
Order of Presentation of the Trial
124(2)
The Trial
126(20)
Epilogue
146(2)
Analysis and Synthesis of Judicial Decisions
148(149)
Introduction
148(2)
First Exercise in Synthesis: Cases Involving Constitutional Limitations on Jurisdiction Over Nonresident Defendants
150(68)
Second Exercise in Synthesis: Cases Involving the Right to a Hearing in Connection With Seizures of Property
218(43)
Third Exercise in Synthesis: Cases Involving Choice of Law in Suits Brought by Guests against Hosts
261(20)
Fourth Exercise in Synthesis: Cases Involving Injury Resulting From Negligently Inflicted Mental Distress
281(16)
The Criminal Justice System
297(73)
An Overview of the Criminal Process
297(1)
Progression of the Criminal Case
297(7)
The Roots of Constitutional Criminal Procedure
304(2)
The Bill of Rights and the States
306(1)
The Concept of Due Process
307(8)
Due Process and the Right to Trial by Jury
315(19)
The Right to Counsel
334(9)
Unreasonable Searches and Seizures
343(20)
More on the Fourth Amendment: The Issue of Police Surveillance
363(7)
The Interpretation of Statutes
370(94)
Reading Statutes
370(9)
Resolving Statutory Issues
379(68)
Problem: The Interpretation and Constitutionality of a Child Support and Spousal Maintenance Statute
447(5)
Postscript
452(12)
The Role of the Courts
464(131)
Introduction
454(2)
The Federal Judicial System
456(4)
Power of the Federal Courts to Hear Cases
460(16)
Limitations on the Power of Federal Courts to Hear Cases
476(117)
Postscript
593(2)
Index 595

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