The American Legal System Foundations, Processes, and Norms

by Melone, Albert P.; Karnes, Allan

• ISBN13: 9780195330168
• ISBN10: 0195330161
• Format: Hardcover
• Copyright: 2003-04-01
• Publisher: Oxford University Press

Summary

This text is designed to introduce students to both private and public law and to the nature of the judicial system. Anchored in social science concepts, The American Legal System demonstrates the relationships between private law and public law issues, the business legal environment, as wellas related subjects of interest. Part I introduces students to terms and concepts necessary for understanding the legal system, the jurisdiction and authority of courts, the organization of courts in the United States, judicial interpretation and decision-making, and the U.S. constitutional system. Part II centers on legalprocesses--the world of civil and criminal procedure, explained in ordinary language. Subjects include civil suits for money damages; criminal, equity, and administrative processes; and the various modes of alternative dispute resolution. Along the way, students gain a working knowledge of processand procedural rights. Part III provides chapters on the substantive legal topics of criminal law, torts, property, and family law. Part IV treats the law governing the world of business: contracts, business regulation by government, and taxation. All of these substantive law chapters include asection tracing modern substantive law to its common law roots. We also include sections on evolving legal issues including product liability, tort reform, copyright infringement, victimless crimes, youthful offenders, artificial conception of human life, and same-sex marriages. Every chapter features edited court opinions illustrating many lively and interesting controversies that will capture the interest of students regardless of their academic major. At the beginning of each chapter, students will find chapter objectives designed to guide their reading. A glossary ofselected legal and Latin terms will also prove useful to the reader, as will the end-of-chapter discussion questions, lists of key names, terms, and concepts, and listings of selected books and articles for further reading. A table of cases as well as name and subject indices provides even greaterdetail, so that readers may also use the book as a reference. A comprehensive Instructor's Manual/Testing Program (which includes complete lecture outlines, suggested answers to the discussion questions at the end of each chapter, briefs of court opinions, and suggested films for classroom use) isavailable, either in book or electronic form. A Student Study Guide, written by Bradley Best (Buena Vista University), is also available.

Table of Contents

The Legal System in Perspective

Law in Perspective

Origins of Law Schools of Jurisprudence

Natural Law Historical School Utilitarianism Analytical

Jurisprudence Sociological

Jurisprudence Legal Realism Critical

Legal Studies Branches of Law

Functions of Law Defining

Relationships Allocation of Authority in Society

Resolution of Conflict

When It Arises Redefine

Relations of Individuals and Groups in Society

The Method of the Common Law

Board of Regents v. Southworth Reading and Briefing Court Opinions

Legitimacy and the Limits of Authority

Legitimacy and Legalism as Ideology Bush v. Gore and

Legitimacy Jurisdiction and Common

Law Courts Specialized

Royal Courts Court of Common Pleas

Court of King's Bench Exchequer of Pleas

Court of Chancery-Equity

Star Chamber Court Impact of Royal

Courts Jurisdictional Questions Compelling

Court Appearances Long Arm Statutes and Minimum

Contacts Ben & Jerry's Homemade, Inc. v. Coronet

Priscilla Ice Cream Corp

Court Organization and Jurisdiction in the Federal

System State Courts

Federal Courts Problems of Federalism

National Supremacy McCulloch v. Maryland

Tenth and Eleventh Amendments

National Common Law Erie R.R. Co. v. Tompkins

Full Faith and Credit Clause Travelers

Indemnity Company v. Lake

New Judicial Federalism Power and Justice

Judicial Interpretation and Decision

Making Method of the Common

Law Lake v. Wal-Mart Stores, Inc. Statutory

Interpretation Caminetti v. United States

Other Statutory Canons

Constitutional Interpretation

Interpretivism Noninterpretivism

Consequence of the Debate Saenz v. Roe Empirical

Theories of Decision-Making

Judicial Attitude Approach

Judicial Role Approach

Social Background Approach

Small Group and Strategic

Interactions Neo-Institutionalism

Empirical Theories in Perspective

Contrasting Legal Processes

Civil Suits for Money Damages

Legal Profession Stratified

Bar Hiring a Lawyer Kroff v. Larson

Pleadings, Answers, and Replies

Discovery Pretrial Conference

Trial Phase of Litigation Jury

Selection Opening Statements

Parties and the Burden of Proof Rules of Evidence

Daubert v. Merrell Dow

Pharmaceuticals, Inc. Motion for a Non-Suit Defendant's

Presentation Plaintiff's Rebuttal and Defendant's Answer

Request for a Directed Verdict Jury Summations Judge's Instructions to the Jury Jury Deliberation and Verdict

Remedies in Civil

Suits for Money Damages

Nominal Damages

Compensatory Damages

Exemplary Damages

Liquidated Damages

Comparing Compensatory and Exemplary Damages

Hampton v. Dillard's Department Stores, Inc. Post-Trial

Motions Appeal Phase of Litigation

Res Judicata Enforcing Judgments

Equity Processes

Equitable Remedies Pleadings

Answers, and Replies Johnson

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