The Dynamics of Law

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ISBN: 9780765620866 | 0765620863
Cover: Hardcover
Copyright: 4/15/2008

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Now thoroughly revised and updated, this widely-used text offers a concise introduction to the American legal system for persons without a legal background. In non-technical language it gives readers a lucid overview of the workings of the American legal system as it may affect individuals and organizations in their interactions with each other and the environment.

Preface
The Nature and Function of Law
Why Do We Need a System of Rules?
Private Rules for Social Ordering
Customs and Morals versus Law
The Various Perspectives of Law
Some Requirements for an Effective Legal System
The Creation and Application of Law: An Introduction
Chapter Problem
Questions for Review

Criminal Law and Civil Law
Court Systems: Organization and Jurisdiction
The Process of Adjudication
Boyle V. Vista Eyewear
Lujan V. National Wildlife Federation
How to Read and Abstract an Appellate Decision
Chapter Problem
Question for Review
The Trial Stage
Trial Procedure in a Civil Case before a Jury
The Adversary System
The Trial Process: Some Problem Areas
Pennsylvania v. Naper
Alternative Dispute Resolution
Shearson/American Express v. McMahon
Chapter Problem
Question for Review
Judicial Lawmaking I: Law Built on Precedents
The Common-Law Tradition
The Role of Precedents: The Doctrine of Stare Decisis and Its Rationale
An Illustrative Case: MacPherson v. Buick Motor Co.
Hinman v. Pacific Air, Hinman v. United Airlines Transport
Escola v. Coca-Cola
Hynes v. New York Central Railroad
Restraints on Judicial Lawmaking
Common Law and Equity Theories in Statutory Law
Chapter Problem
Questions for Review
Lawmaking by Legislatures
The Legislative Process
Differences Between Decisional and Legislative Lawmaking
Some Problems of Legislative Drafting
Chapter Problem
Questions for Review
Judicial Lawmaking II: Interpretation of Statutes
The Intention of the Legislature
Temple v. City of Petersburg
The Use of Legislative History
United Steelworkers of America v. Weber
Other Aids to Statutory Interpretation
Chapter Problem
Questions for Review
Judicial Lawmaking III: Interpreting the Constitution
Examples of Constitutional Issues
U.S. Constitutions
The Supreme Court As the Final Constitutional Arbiter
Takings of Private Property for Public Purposes
Kelo et al. v. City of New London et al.
Lucas v. South Carolina Coastal Council
Free Speech and Flag Burning
Texas v. Johnson
Chapter Problem
Questions for Review
Administrative Lawmaking and Adjudication
The Emergence of Administrative Agencies
Legislative Rulemaking by Administrators
Yakus v. United States
Adjudication and Decisional Rulemaking by Administrators
Board of Governors of the Federal System v. Dimension Financial Corporation
Achievements and Disappointments
Chapter Problem
Questions for Review
Private Contributions to the Legal System
Private Contributions to Lawmaking
Alternative Dispute Resolution
Collective-Bargaining Agreements: An Example of Industrial Self-Government
Chapter Problem
Questions for Review
Law in Society: A conclusion
Chapter Problem
Bibliographic Note
Index
About the Author
Table of Contents provided by Ingram. All Rights Reserved.

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The Dynamics of Law

Summary

Table of Contents

Supplemental Materials