Order in the Court

by Mullally, David S.

• ISBN13: 9780898798586
• ISBN10: 0898798582
• Format: Paperback
• Copyright: 1999-11-01
• Publisher: Writers Digest Books

Summary

Presents accurate information on every aspect of the U.S. legal system, from Supreme Court rulings to paralegal training, for writers who need details to make their stories credible and dramatic

Table of Contents

The Origin and Structure of the Legal System	1	(13)
The First Written Laws; A Brief History of Western Law; A Brief History of Common Law; A Brief History of American Law; Elements of the Common Law; Organization of the American Legal System; The Federal Court System; The State Court System; General Principles
People of the Legal System	14	(44)
Lawyers; Law Firms; Sole Practitioners; Tools of the Trade; Personalities; Law Office Personnel; Judges; Court Personnel; Expert Witnesses; Jury; Criminals; Victims of Crime; Plaintiff; Defendant; Alternative Dispute Resolution; In Pro Pers; A Typical Day in a Courthouse
Crimes, Defenses and Punishments	58	(27)
Categories of Crimes; Elements of a Crime; Corpus Delicti; Preliminary Crimes; Crimes Against the Person; Crimes Against Property; Crimes Against Public Health, Safety and Morals; Controlled Substance Offenses; Crimes Involving Minors; Miscellaneous Crimes; Federal Crimes; Accomplices and Accessories; Multiple Offenses; Multiple Prosecutions; Defenses; Punishments
Search and Seizure, Arrest and Confession	85	(45)
Search and Seizure; Search Warrants; Execution of Warrant; Exceptions to Warrant Requirement; Searches of People; Searches of Places; Searches of Things; Search Methods; Searches by Private Parties; Receipt, Return and Inventory of Items Seized; The Exclusionary Rule; Stop, Search and Arrest; Confessions
Outline of a Criminal Trial	130	(45)
People vs. Ramon Valdez; Here Comes the Attorney; Bail; Postarrest Appearance; Arraignment; Grand Jury Indictment vs. Criminal Complaint; Preliminary Hearing; Gathering Evidence; Experts; Pretrial Discovery; Theory of the Case; Mental Competence and Mental Defenses; Defendant Acting as His Own Attorney; Pretrial Motions to Suppress Evidence; Change of Venue; Let's Make a Deal---Plea Bargaining; Pretrial Conference; Right to Speedy Trial; Preparing Witnesses for Trial; Witnesses' Obligation to Testify; There Goes the Judge; Trial; Jury Selection; Ideal Juror; Assistance in Jury Selection; Voir Dire; Challenges for Cause; Peremptory Challenges; Death-Qualification Process; Preparing the Jurors for the Case; Swearing In the Jury; Opening Statements; Direct Examination; Cross-Examination; Re-Direct and Re-Cross Examination; Jurors' Questions; Judge's Questions; Objections; Defense Motions; Defense's Case; Should the Defendant Testify?; Rebuttal and Surrebuttal; Closing Argument; Jury Instructions; Jury Deliberations and Verdict; Communications Between Judge and Jury; Motion for Mistrial; Prejudgment Motions; Death-Penalty Cases; Prior Convictions; Sentencing Hearing---Nondeath Cases; Probation; Appeal; Federal Habeas Corpus Review of State-Court Convictions; Juvenile Proceedings
Civil Law	175	(33)
Personal Injury and Property Damage; Intentional Misconduct; Negligence; Strict Liability; Contracts; Business Law; Intellectual Property Law; Commercial Law; Labor Law; Antitrust Law; Types of Damages; Debtor-Creditor; Bankruptcy; Real Property; Family Law; Estate Planning; Taxation Law; Environmental Law; Immigration; International Law; Air and Space Law; Administrative Law; Admiralty/Maritime Law; Appellate Law; Insurance Law
Outline of a Civil Trial	208	(41)
Facts of the Case; Evaluating the Client; Evaluating the Case; Attorney Fees; Managing the Case; Settlement Efforts With an Insurance Company; Litigation; Discovery; Alternative Dispute Resolution; Jury Trial vs. Bench Trial; Preparing for Trial; Settlement Conference; Pretrial Conference in Chambers; Jury Selection; Opening Statements; Rules of Evidence; From of Question; Plaintiff's Case; Defendant's Case; Expedited Methods of Introducing Evidence; Motions During Trial; Closing Argument; Jury Instructions; Jury Deliberations; Verdicts; Judgments; Motions After Trail; Appeal
APPENDIX A Glossary of Legal Terms	249	(16)
Common Legal Terms; Abbreviations and Acronyms; Common Legal Slang
APPENDIX B Research Resources	265	(7)
The Federal Court System; The State Court System; Finding the Law in a Law Library; Internet Resources; Legal Organizations; Reference Books
Index	272