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Introduction to the Legal System of the United States,9780379213737

Introduction to the Legal System of the United States

by
Edition:
3rd
ISBN13:

9780379213737

ISBN10:
0379213737
Format:
Paperback
Pub. Date:
6/28/1999
Publisher(s):
Oxford University Press, USA
List Price: $27.50
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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


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