Whose Monet? An Introduction to the American Legal System

ISBN-10: 0735565570

ISBN-13: 9780735565579

Edition: 2007

Authors: John A. Humbach

List price: $44.00 Buy it from $8.31
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Description:

The author and his colleagues have used these materials successfully in their classrooms for many years, ensuring their teachability and effectiveness. - Whose Monet? can be used as primary course material in orientation courses or seminars, as well as collateral reading for in-semester Legal Process or Civil Procedure courses - the organization is logical and straightforward and the accessible writing style -- lucid, descriptive, and conversational -- is ideal for incoming students - the major events in a lawsuit are considered, and the text sheds light on how the law is applied in a civil dispute, introducing common law and statutory law and the various courts and their interrelationship (trial/appellate, state/federal) - the author draws on judicial opinions, litigation papers, transcripts, and selections from commentators and various jurisprudential sources, thereby exposing the first-year student to as broad a spectrum of materials as possible - telling the story of a real lawsuit (DeWeerth v. Baldinger) -- from client intake through trial and various appeals -- draws students into the legal process by means of an engaging narrative and makes for a truly enjoying teaching experience for professors - the lawyers role is examined in both its functional and moral dimensions: What do lawyers do? What does society legitimately expect lawyers to do? - this book is suitable for both classroom and stand-alone assigned reading Professor Humbach, with over 30 years of experience teaching and writing articles and instruction programs for first-year property students, includes a separate Teacher's Manual. Drawing upon his own classroom experience with thesematerials, he: - suggests "learning objectives" for each chapter - offers different teaching approaches - provides answers to questions in the book - suggests sample syllabi
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Book details

List price: $44.00
Copyright year: 2007
Publisher: Wolters Kluwer Law & Business
Publication date: 4/13/2007
Binding: Paperback
Pages: 232
Size: 6.00" wide x 8.75" long x 0.50" tall
Weight: 0.990
Language: English

Introduction
The Lawyer's Task: Facts and Law
The Facts
Facts of DeWeerth v. Baldinger as Summarized by the Trial Court
The Law
Deciding Whether to Sue
Deciding Where to Sue: The Court System
Federal Court System
A Note on "Civil" and "Criminal" Cases
District Courts
United States Courts of Appeals
Supreme Court of the United States
Other Federal Courts
State Court Systems
Trial Courts
State Courts of Appeals
State Supreme Courts
Other State Courts
The Best Court for Mrs. DeWeerth?
Commencing a Civil Action
The Complaint
The Content of Pleadings
The Complaint's Legal Sufficiency-A Motion to Dismiss
Decision on Motion to Dismiss
DeWeerth v. Baldinger I
A Note on "Briefing" Cases
The Common Law
The Emergence of American Common Law
Kerwhacker v. Cleveland, Columbus & Cincinnati RR
The Fluidity of the Common Law
The Stability of the Common Law-Stare Decisis
Hart v. Massanari
The Answer
"Discovery"
A Motion for Summary Judgment
O'Keeffe v. Snyder
DeWeerth v. Baldinger II
Statutory Law and Administrative Regulations
What Statutes Are Supposed to Do
How Statutes Get Enacted
Administrative Regulations
Interpreting Statutes
Interpreting the Statute in DeWeerth
The Trial
Selecting the Jury (Voir Dire)
Opening Statements
Presenting the Testimony and Other Evidence
Motions for Judgment as a Matter of Law or Judgment of Acquittal
Closing Arguments
Charge to the Jury
The Judgment (and a Motion for a "Judgment N.O.V.")
The Appeal
DeWeerth v. Baldinger III
The Aftermath
Solomon R. Guggenheim Foundation v. Lubell
DeWeerth v. Baldinger IV
DeWeerth v. Baldinger V
Postscript
Extracts from Testimony of Gerda Dorothea DeWeerth
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