Introduction to the Legal System of the United States

by Farnsworth, E. Allan

• ISBN13: 9780379213737
• ISBN10: 0379213737
• Edition: 3rd
• Format: Paperback
• Copyright: 1999-06-28
• Publisher: Oxford University Press

Summary

In this classic text, translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. An Introduction to the Legal System of theUnited States is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview.

Table of Contents

Preface	ix
Note On Terminology	xi
PART ONE SOURCES AND TECHNIQUES
Historical Background	1	(14)
Establishment of the Union	1	(5)
Origins of American Law	6	(9)
Legal Education	15	(8)
Diversity	15	(1)
Graduate Level and Professional Objective	16	(3)
Case Method	19	(4)
Legal Profession	23	(14)
The Bar	23	(2)
Lawyers in Private Practice	25	(2)
House Counsel	27	(1)
Lawyers in Government	27	(1)
Judges	28	(2)
Law Teachers	30	(1)
Professional Organizations	31	(2)
Availability of Legal Services	33	(1)
Continuing Legal Education	34	(3)
The Judicial System	37	(10)
State Courts	37	(1)
Federal Courts	38	(2)
Federal Jurisdiction	40	(3)
Law Applied in the Federal Courts	43	(4)
Case Law	47	(14)
Form of Reported Cases	47	(1)
Finding Case Law	48	(2)
The Judicial Function	50	(2)
Techniques in the Use of Precedent	52	(6)
Two Puzzles in Precedent	58	(3)
The Legislative System	61	(12)
Hierarchy of Legislation	61	(3)
The United States Congress	64	(2)
State Legislatures	66	(1)
Special Sources of Legislation	67	(6)
Statutes	73	(10)
Form of Statute Law	73	(2)
Techniques of Interpretation	75	(3)
Weight of Prior Interpretations	78	(1)
Judicial Attitude Toward Legislation	79	(4)
Secondary Authority	83	(8)
Significance of Secondary Authority	83	(2)
Kinds of Secondary Authority	85	(2)
Restatement of the Law	87	(4)
PART TWO ORGANIZATION AND SUBSTANCE
Classification	91	(8)
The Problem of Classification	91	(1)
Law and Equity	92	(3)
Substance and Procedure	95	(1)
Public and Private Law	96	(3)
Procedure	99	(22)
Civil Procedure	99	(12)
Criminal Procedure	111	(4)
Evidence	115	(3)
Conflict of Laws	118	(3)
Private Law	121	(26)
Contracts	121	(4)
Torts	125	(4)
Property	129	(4)
Family Law	133	(3)
Commercial Law	136	(4)
Business Enterprises	140	(7)
Public Law	147	(24)
Constitutional Law	147	(4)
Administrative Law	151	(5)
Trade Regulation	156	(4)
Labor Law	160	(4)
Tax Law	164	(3)
Criminal Law	167	(4)
Appendix	171	(20)
Index	191