Law 101 Everything You Need to Know About the American Legal System

by Feinman, Jay M.

• ISBN13: 9780195132656
• ISBN10: 0195132653
• Format: Hardcover
• Copyright: 2000-03-30
• Publisher: Oxford University Press

Summary

Most of us know very little about the law. We pick up bits of information from television and newspaper accounts of current legal battles, and from bestselling novels and popular movies. But these pieces do not give us an accurate or complete picture. In Law 101 , Jay M. Feinman offers a delightfully clear introduction to law, covering the main subjects found in the first year of law school and giving us a basic understanding of the American legal tradition. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal laws unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law, to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that law is voluminous and complex, but accessible to everyone. Anyone who enjoys Court TV will find this book irresistible. Everyone who wants a better grasp of current legal issues, from students contemplating law school to journalists covering the legislature or the courts, will find here a wonderful source of information--a complete, clear, and colorful map of the American legal system.

Author Biography

Jay M. Feinman is Distinguished Professor of Law at Rutgers, The State University of New Jersey, School of Law at Camden. An expert on contract law, tort law, legal education, and legal theory, Feinman is the author of three books and more than forty scholarly articles. He lives in Haddonfield, New Jersey.

Table of Contents

Preface	xi
There Are No Secret Books: You Can Understand the Law	3	(8)
Constitutional Law and Constitutional Politics: Interpreting and Applying the Constitution	11	(34)
What is constitutional law?	11	(3)
Why do we need constitutional law?	14	(4)
How does the Supreme Court decide what the Constitution means?	18	(6)
Where does the Supreme Court get the authority to interpret the Constitution?	24	(5)
When can the Supreme Court hear constitutional cases?	29	(4)
What powers does constitutional law give to the rest of the federal government?	33	(7)
What powers do the states have under constitutional law?	40	(5)
First Freedoms: Constitutional Rights	45	(42)
What rights does constitutional law protect?	45	(2)
What is due process?	47	(5)
Does constitutional law require that everyone be treated equally?	52	(7)
How does the Constitution protect freedom of speech?	59	(5)
What speech is not protected by the First Amendment?	64	(6)
How does the Constitution protect freedom of religion?	70	(7)
What other rights are protected by the Constitution?	77	(10)
Your Day in Court: The Litigation Process	87	(46)
What is civil procedure?	87	(3)
Why do we need civil litigation and civil procedure?	90	(2)
Where do court cases come from?	92	(2)
Where can a lawsuit be brought?	94	(2)
When can you make a federal case out of it?	96	(4)
If you can sue in different places, what law will apply in each place?	100	(2)
How does a lawsuit begin?	102	(2)
What can the defendant do to respond to a lawsuit?	104	(3)
What if there are more than two parties to a lawsuit?	107	(3)
What if there are many parties to a lawsuit?	110	(3)
How do the parties discover the facts about their case?	113	(4)
What else happens before the trial?	117	(2)
What happens at trial?	119	(3)
What evidence can be presented at trial?	122	(2)
What about the jury?	124	(5)
What happens after trial?	129	(4)
Auto Accidents, Scalding Coffee, and Medical Malpractice: Personal Injuries and Tort Law	133	(38)
What is tort law?	134	(1)
Why do we need tort law?	135	(4)
Is it a tort when you hit someone?	139	(4)
Is it a tort when you injure someone by not being careful?	143	(5)
What does the law mean by reasonable care?	148	(3)
How does a plaintiff prove that a defendant has been negligent?	151	(4)
What if the victim is partly at fault for an accident?	155	(2)
Suppose someone does not intend to injure someone else and acts with reasonable care. Can they still be liable in tort?	157	(1)
Is a manufacturer strictly liable for injuries caused by its products?	158	(6)
What damages can a plaintiff get in a tort case?	164	(3)
When are damages awarded to punish the defendant?	167	(4)
When Is a Deal a Deal?: Businesses, Consumers, and Contract Law	171	(34)
What is contract law?	171	(1)
Why do we need contract law?	172	(5)
What is a contract?	177	(2)
How do you make a contract?	179	(5)
Does a contract have to be in writing to be enforceable?	184	(2)
Can anyone make a contract?	186	(1)
Once two people make an agreement, is it always enforceable?	187	(4)
If a contract is unfair, can a court refuse to enforce it?	191	(2)
Once you make a contract, can you ever get out of it?	193	(3)
What happens if one party's performance depends upon something happening and it doesn't happen?	196	(4)
Will a court order someone to perform a contract?	200	(2)
How much does someone have to pay for not keeping a promise?	202	(3)
You Are What You Own: The Law of Property	205	(44)
What is property law?	205	(4)
Why do we need property law?	209	(4)
What kinds of property are there?	213	(2)
How do people own property collectively?	215	(4)
How is property ownership divided over time?	219	(3)
How else can ownership of property be shared?	222	(1)
How can someone acquire property?	223	(4)
How is property transferred on death?	227	(6)
What is a trust?	233	(1)
How is property sold?	234	(4)
What are the property rights of a landlord and a tenant?	238	(3)
When can the government take your property?	241	(4)
What is zoning?	245	(4)
From Insanity to In Cold Blood: Criminal Responsibility and Criminal Law	249	(48)
What is criminal law?	249	(4)
Why do we need criminal law?	253	(4)
What is a criminal act?	257	(3)
Does someone have to mean to commit a crime to be guilty?	260	(4)
When is self-defense justified?	264	(6)
In what other circumstances is someone justified in committing a crime?	270	(3)
Why are criminals allowed to plead insanity as a defense?	273	(6)
What other defenses are available?	279	(2)
Can someone be convicted for almost committing a crime?	281	(5)
What is homicide?	286	(6)
Why is rape law so controversial?	292	(5)
Protecting the Innocent, Freeing the Guilty: Criminal Procedure	297	(40)
What is criminal procedure?	297	(2)
Why do we need criminal procedure?	299	(3)
What are the steps in the criminal process?	302	(3)
When can the police conduct a search and seizure?	305	(5)
What is the privilege against self-incrimination?	310	(3)
What happens if police violate a defendant's rights?	313	(3)
What is plea bargaining?	316	(3)
Why do we have juries?	319	(5)
What is the adversary process?	324	(2)
How does sentencing work?	326	(3)
What about the death penalty?	329	(4)
Why does it seem that criminal appeals go on so long?	333	(4)
Conclusion	337	(2)
Index of Legal Cases	339	(4)
Index	343