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Whose Monet? : An Introduction to the American Legal System



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Aspen Pub
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This extraordinary paperback provides a highly accessible and appealing orientation To The American legal system and presents basic concepts of civil litigation to first-year law students. Whose Monet? an Introduction To The American Legal System focuses on a lengthy dispute over the ownership of a painting as a vehicle for introducing students To The basic law school tasks of reading analytically, understanding legal materials, and working with the common law. the author and his colleagues have used these materials successfully in their classrooms for many years, ensuring their teachability and effectiveness: Whose Monet? can be used as primary course material in orientation courses or seminars, As well as collateral reading for in-semester Legal Process or Civil Procedure courses The organization is logical and straightforward And The accessible writing stylelucid, descriptive, and conversationalis ideal for incoming students The major events in a lawsuit are considered, And The text sheds light on how the law is applied in a civil dispute, introducing common law and statutory law And The various courts and their interrelationship (trial/appellate, state/federal) The author draws on judicial opinions, litigation papers, transcripts, and selections from commentators and various jurisprudential sources, thereby exposing the first-year student to as broad a spectrum of materials as possible Telling the story of a real lawsuit (DeWeerth v. Baldinger)from client intake through trial and various appealsdraws students into the legal process by means of an engaging narrative and makes for a truly enjoying teaching experience for professors The lawyer's role is examined in both its functional and moral dimensions: What do lawyers do? What does society legitimately expect lawyers to do? This book is suitable for both classroom and stand-alone assigned reading Professor Humbach, with over 30 years of experience teaching and writing articles and instruction programs for first-year property students, includes a separate Teacher's Manual. Drawing upon his own classroom experience with these materials, he: suggests "learning objectives" for each chapter offers different teaching approaches provides answers to questions in the book suggests sample syllabi

Table of Contents

Introductionp. 1
The Lawyer's Task: Facts and Lawp. 9
The Factsp. 10
Facts of DeWeerth v. Baldinger as Summarized by the Trial Courtp. 17
The Lawp. 21
Deciding Whether to Suep. 27
Deciding Where to Sue: The Court Systemp. 31
Federal Court Systemp. 33
A Note on "Civil" and "Criminal" Casesp. 37
District Courtsp. 39
United States Courts of Appealsp. 42
Supreme Court of the United Statesp. 44
Other Federal Courtsp. 45
State Court Systemsp. 45
Trial Courtsp. 47
State Courts of Appealsp. 48
State Supreme Courtsp. 49
Other State Courtsp. 50
The Best Court for Mrs. DeWeerth?p. 51
Commencing a Civil Actionp. 55
The Complaintp. 63
The Content of Pleadingsp. 65
The Complaint's Legal Sufficiency-A Motion to Dismissp. 67
Decision on Motion to Dismissp. 74
DeWeerth v. Baldinger Ip. 74
A Note on "Briefing" Casesp. 79
The Common Lawp. 83
The Emergence of American Common Lawp. 90
Kerwhacker v. Cleveland, Columbus & Cincinnati RRp. 96
The Fluidity of the Common Lawp. 98
The Stability of the Common Law-Stare Decisisp. 105
Hart v. Massanarip. 116
The Answerp. 121
"Discovery"p. 125
A Motion for Summary Judgmentp. 131
O'Keeffe v. Snyderp. 134
DeWeerth v. Baldinger IIp. 144
Statutory Law and Administrative Regulationsp. 153
What Statutes Are Supposed to Dop. 155
How Statutes Get Enactedp. 159
Administrative Regulationsp. 161
Interpreting Statutesp. 164
Interpreting the Statute in DeWeerthp. 168
The Trialp. 171
Selecting the Jury (Voir Dire)p. 174
Opening Statementsp. 176
Presenting the Testimony and Other Evidencep. 177
Motions for Judgment as a Matter of Law or Judgment of Acquittalp. 180
Closing Argumentsp. 181
Charge to the Juryp. 182
The Judgment (and a Motion for a "Judgment N.O.V.")p. 185
The Appealp. 189
DeWeerth v. Baldinger IIIp. 193
The Aftermathp. 207
Solomon R. Guggenheim Foundation v. Lubellp. 208
DeWeerth v. Baldinger IVp. 212
DeWeerth v. Baldinger Vp. 214
Postscriptp. 219
Extracts from Testimony of Gerda Dorothea DeWeerthp. 223
Table of Contents provided by Ingram. All Rights Reserved.

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