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9780131123731

Introduction to Law Its Dynamic Nature

by
  • ISBN13:

    9780131123731

  • ISBN10:

    0131123734

  • Edition: 1st
  • Format: Paperback
  • Copyright: 2004-08-10
  • Publisher: Pearson

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Supplemental Materials

What is included with this book?

Summary

This complete introduction to law places emphasis on ethics and international issues, showing readers how to engage in ethical, analytical reasoning with every topic from legal fundamentals to areas of substantive law. The features of this book encourage readers to apply critical thinking, organizational and summation skills, and legal research tools to solve specific legal problems.The American court system, criminal law and ethics, contracts and E-Commerce, family law, real and personal property, agency, employment, and equal opportunity law, intellectual property and internet law, and administrative law, consumer, investor, and environmental protection.For paralegals, legal assistants, lawyers, and all legal professionals.

Author Biography

Henry R. Cheeseman is a clinical professor of law at the University of Southern California.

Table of Contents

The Legal Environment
The Nature of Law and Critical Legal Thinking
Introduction
What Is Law? Schools of Jurisprudential Thought
History of American Law
Sources of Law in the United States
Critical Legal Thinking
The American Court System
Introduction
State Court System
Federal Court System
Jurisdiction of Federal and State Courts
Civil Litigation and Alternative Dispute Resolution
Introduction
The Pleadings
Discovery
Pretrial Motions
Settlement Conference
The Trial
The Appeal
Alternative Dispute Resolution
Criminal Law and Ethics
Introduction
Definition of a Crime
Classification of Crimes
Essential Elements of a Crime
Criminal Acts as Basis for Tort Actions
Criminal Procedure
Crimes Affecting Business
White-Collar Crimes
Inchoate Crimes
Constitutional Safeguards
Law and Ethics
Constitutional Law and Freedoms
Introduction
Basic Constitutional Concepts
The Supremacy Clause
The Commerce Clause
The Bill of Rights
Other Constitutional Clauses
Administrative Agencies
Basic Law
Torts and Product Liability
Introduction
Intentional Torts Against Persons
Intentional Torts Against Property
Unintentional Torts (Negligence)
Special Negligence Doctrines
Defenses Against Negligence
Product Liability
Contracts and E-Commerce
Introduction
Definition of and Parties to a Contract
Requirements of a Contract
Agreement
Consideration
Capacity to Contract
Lawful Object
Statute of Frauds;Writing Requirement
Assignment of Rights
Third-Party Beneficiaries
Performance
Remedies
The Uniform Commercial Code (UCC)
Real and Personal Property
Introduction
Personal Property
Bailments
Real Property
Freehold Estates
Future Interests
Concurrent Ownership
Transfer of Ownership of Real Property
Landlord-Tenant Relationship
Land-Use Control
Family Law
Introduction
Premarriage Issues
Marriage
Parents and Children
Adoption
Marriage Termination
Child Custody
Financial Considerations Associated with the Termination of a Marriage
Prenuptial Agreements
Wills, Trusts, and Estates
Introduction
Wills
Special Types of Wills
Types of Testamentary Gifts
Special Issues Concerning Wills
Inestate Succession
Probate
Trusts
Advanced Law
Business Organizations
Introduction
Sole Proprietorship
General Partnership
Limited Partnership
Limited Liability Partnership (LLP)
Limited Liability Company (LLC)
Corporations
Franchise
Licensing
Agency, Employment, and Equal Opportunity Law
Introduction
Agency
Independent Contractor
Workers' Compensation
Occupational Safety and Health Act
Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act (ADEA)
Americans With Disabilities Act (ADA)
Labor Union Law
Credit, Suretyship, and Bankruptcy
Introduction
Unsecured and Secured Credit
Security Interests in Real Property
Security Interests in Personal Property
Surety and Guaranty Arrangements
Federal Bankruptcy Law
Chapter 7 Liquidation Bankruptcy
Chapter 13 Consumer Debt Adjustment
Chapter 11 Reorganization Bankruptcy
Intellectual Property and Internet Law
Introduction
Trade Secrets
Patents
Copyrights
Trademarks
The Internet
Administrative Law, Consumer, Investor, and Environmental Protection
Introduction
Administrative Law
Consumer Protection
Investor Protection
Environmental Protection
Cases for Briefing
The Constitution of the United States
Analysis Using the Code of Ethics for the National Association of Legal Assistants, Inc.
Basic Citation Reference Guide
Glossary
Case Index
Subject Index
Table of Contents provided by Publisher. All Rights Reserved.

Excerpts

TO THE INSTRUCTORSThe editors would like to point out that Henry Cheeseman's award-winning teaching style and extensive knowledge of every aspect of the law comes shining through every page in this book.Introduction to Law,along with all of Henry Cheeseman's publications, is recognized as a complete teaching package. All course materials for teaching with Professor Cheeseman's books are prepared with you in mind. Features of the BookStudents learn how to engage in ethical, analytical reasoning with every topic from legal fundamentals to areas of substantive law. The features of the book encourage students to apply critical thinking, organizational and summation skills, and legal research tools to solve specific legal problems. These features include: Chapter Outline, Objectives, Terminology, and Summary in every chapter Special boxed examples, graphics, photos, and diagrams illustrating essential points In each chapter, one or more Cases for Discussion, with questions, as well as the chapter-end feature Cases for Discussion, which includes additional cases and one ethics case Guidelines for briefing a case and one Case for Briefing activity in each chapter Sidebars highlighting information about text topics and the legal profession Ethical Perspective, Information Technology, and International Perspective feature boxes Working the Web research exercises and Critical Legal Thinking Questions TO THE STUDENTSEach semester, as I stand up in front of a new group of students in my law class, I am struck by the thought that, cases and statutes aside, I know two very important things that they have yet to learn. The first is that I draw as much from them as they do from me. Their youth, enthusiasm, questions, and even the doubts a few of them hold about the relevance of law to their futures, fuel my teaching. They don't know that every time they open their minds to look at a point from a new perspective or critically question something they have taken for granted, I get a wonderful reward for the word that I do.The other thing I know is that both teaching and learning the legal and ethical environment are all about stories. The stories I tell provide the framework on which students will hang everything they learn about the law in my class. It is my hope that long after the facts about the specific language of the statutes and legal principles have faded, they will retain that framework. Several years from now, "unintentional torts" may draw only a glimmer of recognition with students who learn about them in my class this year. However, they will likely recall the story of the woman who sued McDonalds for serving her coffee that was too hot and caused her injuries. The story sticks and give students the hook on which to hang the concepts.I reminded myself of these two facts when I sat down to writeIntroduction to Law.My goal is to present law and ethics in a way that will spur students to ask questions, to go beyond rote memorization. Law is an evolving outgrowth of its environment, and that environment keeps changing. In addition to the social, ethical, and international contexts I have incorporated inIntroduction to Law,this book also emphasizes coverage of e-commerce and the Internet as two vital catalysts to the law and a key part of its environment.It is my wish that my commitment to these goals shines through in this labor of love, and I hope you have as much pleasure in using it as I have had in creating it for you. A Helping HandThe editors at Pearson Prentice Hall want you to know that other materials are available to help you in your studies. Visit www.prenhall.com/legalstudies studies to find Resources to help you with your course work. TheCompanion Websitecan help you study and review the infor

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