Introduction to the Law and Legal System of the United States

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ISBN: 9780314253934 | 0314253939
Cover: Paperback
Copyright: 5/1/2002

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Intended for law students, lawyers, and legal scholars from foreign countries; U.S. graduate and undergraduate college students; and members of the general reading public in the United States. For use as the text of an introductory course on U.S. law, as a reference, or for self-study.

History and Governmental Structure

(36)

Some Constitutional History

(3)

The Governmental Structure Provided for in the 1789 Constitution

(5)

Separation and Balance of Powers Among the Branches of the Federal Government

(9)

The States and Federalism

(11)

The Impact of Governmental Structure on the Legal System: An Overview

(8)

Legal Methodology

(43)

Sources of Law and Their Hierarchy

(4)

Common Law

(8)

Statutory Law in a Common Law System

(4)

Statutory Interpretation Methods

(10)

The Form and General Nature of Caselaw

(3)

The Legal Reasoning Process in Caselaw

(7)

Legal Research Techniques and the Form of Legal Argument

(7)

The Adversary System and Jury Trials

(46)

The Characteristics and Rationale of the Adversary System

(6)

Juries

(5)

The Adversary Jury Trial and the Lawyer's Role in It

(17)

Evidence Law

108

(7)

Criticisms of the Adversary System

115

(5)

Criticisms of the Jury System

120

(6)

The Legal Profession

126

(41)

Legal Education and Admission to the Bar

127

(13)

Issues in the Regulation of Practice

140

(3)

Types of Practice

143

(16)

Minorities and Women in the Legal Profession

159

(1)

Legal Ethics

160

(7)

The Judicial System

167

(1)

PART I: An Overview of Court Systems and Judges

167

(22)

Trial Courts and Appellate Courts: Their Basic Characteristics and Interrelationship

167

(6)

State and Federal Court Structure and Characteristics

173

(4)

Judges and Methods of Judicial Selection

177

(7)

Other Judicial Officials and Assistants

184

(3)

Subject-Matter Jurisdiction of State and Federal Courts

187

(2)

PART II: Federalism Complications in the Judicial System

189

(7)

Law Applied in Federal and State Courts

190

(3)

Simultaneous Litigation in State and Federal Court

193

(3)

Administrative Law

196

(1)

PART I: Law and Procedures of Administrative Agencies

196

(19)

Types and Purposes of Administrative Agencies

196

(1)

Rule-Making Functions of Agencies

197

(2)

Adjudicatory Functions of Agencies

199

(7)

Judicial Review of Agency Action

206

(5)

Presidential and Congressional Controls on Federal Agency Action

211

(4)

PART II: Separation of Powers and Federalism Issues Involving Agencies

215

(183)

A Administrative Agencies and Separation of Powers

215

(5)

Federalism and Sovereign Immunity Limits on Suits to Redress Illegal Federal and State Agency Action

220

(5)

Civil Procedure

225

(40)

PART I: The Course of a Civil Lawsuit

The Pleading Stage of the Case

225

(5)

The Discovery Stage

230

(5)

Motion for Summary Judgment and the Final Pretrial Conference

235

(3)

Trial Procedure

238

(1)

Judgments in Civil Cases: Money Damages, Equitable Relief and Costs

239

(5)

Effect of Judgments

244

(2)

Resolving Cases Without Litigation

246

(3)

PART II: The Complications of Federalism

Personal Jurisdiction in State and Federal Courts

249

(5)

Forum Non Conveniens

254

(2)

Recognition of Judgments: The ``Full Faith and Credit'' Requirement

256

(2)

Choice of Law Rules

258

(7)

Criminal Procedure

265

(49)

PART I: A Outline of the Criminal Justice Process

Arrest, Formal Charges and the First Appearance

265

(4)

Preliminary Hearings, Indictments or Informations, and Pre-Trial Motions

269

(2)

Trial

271

(1)

Sentencing Procedures in Criminal Cases

272

(1)

Appellate Review of Convictions

273

(1)

Resolving Criminal Cases Without Trial

274

(2)

PART II: Constitutional Criminal Procedure

Introduction and Preliminary Comments

276

(2)

Limitations on Investigative Techniques and Apprehension of Suspects

278

(19)

Rights at the Charging stage and Pre-Trial Release

297

(1)

Rights at Trial

298

(7)

The Effect of Prior Proceedings: The Double Jeopardy Guarantee

305

(4)

Limitations on Punishment

309

(3)

Rights on Appeal

312

(2)

Constitutional Law

314

(68)

PART I: Judicial Review, Structure and Powers

Judicial Review

314

(5)

Limits on Judicial Review by Federal Courts

319

(7)

Legislative Powers of the Federal Government and the Relationship Between the States and the Federal Government; Vertical Federalism

326

(8)

The Relationship Between the States: Horizontal Federalism

334

(4)

PART II: Individual Rights

State Action

338

(2)

Rights to Equal Protection of the Laws

340

(11)

Substantive Due Process Rights

351

(4)

First Amendment Freedoms of Expression

355

(19)

First Amendment Religious Freedoms

374

(8)

Contracts and Commercial Law

382

(16)

PART I: Contract Law

Formation of Contracts

382

(6)

Interpretation of Contracts

388

(2)

Issues in Performance of Contracts

390

(1)

Grounds for Nonperformance of Contracts

391

(4)

Breaches and Repudiations of Contracts

395

(1)

Remedies for Breaches of Contracts

396

(2)

PART II: Commercial Law

398

(56)

The Uniform Commercial Code

398

(11)

Consumer Protection Laws

409

(9)

Tort Law

418

(36)

Torts in Perspective

418

(2)

Types of Torts by Degrees of Fault

420

(15)

Torts Vindicating Particular Interests

435

(9)

Relief Available in Tort Cases

444

(6)

Administration of the Tort System of Compensation

450

(4)

Property Law

454

(1)

PART I: Real and Personal Property

454

(13)

The Nature and Forms of Property

454

(1)

Defining Interests in Real Property

455

(4)

Personal Property

459

(1)

Rights and Obligations of Owners of Real Property

459

(4)

Government Control Over Real Property

463

(4)

PART II: Transfers of Property Interests

467

(10)

Real Estate Purchase Transactions

467

(3)

Development and Sale of Condominiums and Cooperatives

470

(1)

Other Methods of Transferring Interests in Property

471

(2)

Leasing Property: Landlord-Tenant Law

473

(1)

Succession of Properly Interests Upon Death of the Owner

474

(1)

Establishment and Operation of Trusts

475

(2)

PART III: Intellectual Property

477

(171)

478

(7)

Patent Law

485

(3)

Trademark Law

488

(4)

International Intellectual Property Protection

492

(3)

Family Law

495

(29)

Marriage

495

(4)

Dissolution of Marriages

499

(14)

Non-Traditional Relationships and Family Law

513

(2)

Child Custody Issues Outside Divorce

515

(3)

Problems in the Intact Family

518

(6)

Criminal Law

524

(29)

General Considerations

524

(2)

Elements of a Crime

526

(5)

Specific Offenses

531

(5)

Defenses to Criminal Liability

536

(9)

Peripheral Actors, Anticipatory Crimes and Enterprise Criminality

545

(4)

Criminal Sanctions

549

(4)

Business Law

553

(55)

Business Organizations

553

(19)

Regulation of Offers and Sales of Corporate Securities

572

(3)

Bankruptcy

575

(2)

Antitrust Law

577

(7)

Labor Laws

584

(13)

Environmental Law

597

(11)

Tax Law

608

(40)

Sources of Law and Basic Concepts in Federal Tax Law

608

(3)

Federal Income Tax

611

(27)

International Tax Issues

638

(4)

Other Federal Taxes

642

(1)

State and Local Taxes

642

(1)

Administration of Tax Laws

643

(5)

International Aspects of United States Law

648

(1)

PART I: International Law and Its Application in the United States

648

(22)

Sources, Forms and Hierarchy of International Law Rules

648

(5)

International Law in the U.S. Legal System

653

(12)

War Powers and Military Intervention Under U.S. Law

665

(1)

Remedies for Violations of International Law

666

(4)

PART II: International Litigation in U.S. Courts

670

(1)

Extraterritorial Reach of U.S. Law and Judicial Process

670

(21)

International Enforcement of Judgments

691

(2)

Suits Involving Foreign States and Their Official Acts

693

Appendix A: Legal Materials and Diagrams

(1)

Appendix B: Addresses of Major Publishers of U.S. Legal Materials and Sources of U.S. Law on the Internet

(1)

Appendix C: Table of Cases

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Introduction to the Law and Legal System of the United States

Summary

Table of Contents

Supplemental Materials

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Introduction to the Law and Legal System of the United States

Summary

Table of Contents

Supplemental Materials

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