Introduction | p. 1 |
The Lawyer's Task: Facts and Law | p. 9 |
The Facts | p. 10 |
Facts of DeWeerth v. Baldinger as Summarized by the Trial Court | p. 17 |
The Law | p. 21 |
Deciding Whether to Sue | p. 27 |
Deciding Where to Sue: The Court System | p. 31 |
Federal Court System | p. 33 |
A Note on "Civil" and "Criminal" Cases | p. 37 |
District Courts | p. 39 |
United States Courts of Appeals | p. 42 |
Supreme Court of the United States | p. 44 |
Other Federal Courts | p. 45 |
State Court Systems | p. 45 |
Trial Courts | p. 47 |
State Courts of Appeals | p. 48 |
State Supreme Courts | p. 49 |
Other State Courts | p. 50 |
The Best Court for Mrs. DeWeerth? | p. 51 |
Commencing a Civil Action | p. 55 |
The Complaint | p. 63 |
The Content of Pleadings | p. 65 |
The Complaint's Legal Sufficiency-A Motion to Dismiss | p. 67 |
Decision on Motion to Dismiss | p. 74 |
DeWeerth v. Baldinger I | p. 74 |
A Note on "Briefing" Cases | p. 79 |
The Common Law | p. 83 |
The Emergence of American Common Law | p. 90 |
Kerwhacker v. Cleveland, Columbus & Cincinnati RR | p. 96 |
The Fluidity of the Common Law | p. 98 |
The Stability of the Common Law-Stare Decisis | p. 105 |
Hart v. Massanari | p. 116 |
The Answer | p. 121 |
"Discovery" | p. 125 |
A Motion for Summary Judgment | p. 131 |
O'Keeffe v. Snyder | p. 134 |
DeWeerth v. Baldinger II | p. 144 |
Statutory Law and Administrative Regulations | p. 153 |
What Statutes Are Supposed to Do | p. 155 |
How Statutes Get Enacted | p. 159 |
Administrative Regulations | p. 161 |
Interpreting Statutes | p. 164 |
Interpreting the Statute in DeWeerth | p. 168 |
The Trial | p. 171 |
Selecting the Jury (Voir Dire) | p. 174 |
Opening Statements | p. 176 |
Presenting the Testimony and Other Evidence | p. 177 |
Motions for Judgment as a Matter of Law or Judgment of Acquittal | p. 180 |
Closing Arguments | p. 181 |
Charge to the Jury | p. 182 |
The Judgment (and a Motion for a "Judgment N.O.V.") | p. 185 |
The Appeal | p. 189 |
DeWeerth v. Baldinger III | p. 193 |
The Aftermath | p. 207 |
Solomon R. Guggenheim Foundation v. Lubell | p. 208 |
DeWeerth v. Baldinger IV | p. 212 |
DeWeerth v. Baldinger V | p. 214 |
Postscript | p. 219 |
Extracts from Testimony of Gerda Dorothea DeWeerth | p. 223 |
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