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| About the Author | |
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| Preface | |
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| Gaining Familiarity With Basic Legal Concepts | |
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| The Expanding Legal Professions | |
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| The Litigious Society | |
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| The Citizen and the Law | |
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| Cultural Factors | |
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| Social Responsibility | |
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| Law-Related Education | |
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| The Law Enforcement Officer and Public Administrator | |
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| State Agencies | |
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| Federal Agencies | |
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| The Paralegal and Law Office Manager | |
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| Paralegal Training and Education | |
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| Paralegals in Other Countries | |
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| Lawyers and Judges | |
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| The Demand for Lawyers | |
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| Judges | |
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| Ethical Standards in Law-Related Professions | |
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| Ethical Standards for: Judges | |
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| Lawyers | |
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| Paralegals and Law Enforcement Officers | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Ideas That Have Shaped Our Law | |
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| Common Law and Equity | |
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| Common Law | |
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| Equity | |
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| Modern Common-Law Sources | |
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| Natural Law and Positive Law | |
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| Modern Statutory Law Resources | |
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| Schools of Jurisprudence | |
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| Code Law and Common-Law States | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| The Basic Structure of Our Federal System | |
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| Federalism and the Separation of Powers | |
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| The Supremacy Clause and Judicial Review | |
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| The Supremacy Clause | |
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| Judicial Review | |
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| The Sources of Law and Conflicts of Law | |
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| Individual Rights and Due Process of Law | |
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| The National Bill of Rights | |
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| The Due Process Clauses | |
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| Substantive Law and Procedural Law | |
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| Civil Legal Actions | |
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| Criminal Legal Actions | |
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| Administrative Legal Actions | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| The Courts: Legal Reasoning and Research | |
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| The Jurisdiction and Hierarchy of Federal Courts | |
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| Federal Questions Jurisdiction | |
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| Diversity of Citizenship and Pendent Jurisdiction | |
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| Access to the Federal Courts | |
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| The Federal Hierarchy of Courts | |
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| The Jurisdiction and Hierarchy of State Courts | |
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| State Trial Courts | |
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| State Appellate Courts | |
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| Legal Reasoning and Reading Case Law | |
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| Different Forms of Legal Reasoning | |
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| The Case Method of Legal Training | |
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| What is a Case in Law | |
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| How to Analyze a Case in Law | |
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| Basic Elements of a Case in Law | |
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| Legal Research and Library Resources | |
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| Internet Sources | |
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| Federal and State Codes | |
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| Federal and State Digests | |
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| Federal Case Reporters | |
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| State Case Reporters | |
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| Updating Specific Case Law (Shepardizing Cases) | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Understanding Civil Law Procedure | |
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| An Introduction to Family, Property, and Contract Law | |
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| Family Law | |
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| Marriage and Annulment | |
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| Marriage Requirements | |
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| Rights and Duties in the Marriage Relationship | |
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| Termination of the Marital Relationship | |
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| Davis v. Davis, Introduction | |
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| Property Law | |
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| Personal Property Rights | |
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| Legal Actions to Recover Personal Property | |
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| Davis v. Davis, Continued | |
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| Real Property | |
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| Buyers' and Sellers' Rights | |
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| Contract Law | |
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| Enforceable Contracts | |
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| Elements of Enforceable Contracts | |
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| Remedies for Breach of Contract | |
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| Davis v. Davis, Conclusion | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Initiating Legal Process in an Illustrative Civil Case | |
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| Finding a Lawyer | |
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| Types of Civil Legal Action | |
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| Equity in Practice | |
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| Money Damages | |
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| Workers' Compensation | |
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| General Elements of Tort and Contract Law | |
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| Preliminary Investigation | |
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| A Contractual Agreement | |
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| Legal Research | |
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| Federal Jurisdiction | |
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| State Jurisdiction | |
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| Choice of Law and Court | |
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| Request to Settle Out of Court | |
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| Defense Considerations | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Pretrial Process in Civil Cases | |
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| The Pleadings | |
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| The Complaint | |
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| Service of Process | |
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| Defendant's Response | |
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| The Answer | |
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| Discovery | |
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| Interrogatories | |
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| Depositions | |
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| Production of Documents | |
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| Pretrial Conferences | |
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| Attorney's Conference | |
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| Judge's Conference | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Trial: Argument and Adjudication | |
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| The Jury Selection Process | |
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| Voir Dire Challenges | |
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| Trial Arguments | |
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| Preliminary Jury Instructions | |
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| Opening Statements | |
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| Examination of Witnesses | |
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| Closing Arguments | |
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| Judge's Charge to the Jury | |
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| The Verdict and Judgment of the Court | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Evaluation of the Civil Process | |
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| The Appeals Process | |
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| The Right of Appeal | |
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| Appeals Court Actions | |
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| An Actual Case of Appeal | |
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| Ending Civil Legal Actions | |
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| Problems of Civil Litigation | |
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| The Major Issues | |
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| The Caseload Problem | |
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| The Liability Problem | |
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| Tort Differences in Other Countries | |
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| German Civil Procedures | |
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| Conclusion | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Understanding Criminal Legal Procedures | |
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| Introduction to Criminal Legal Process | |
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| Initial Investigation and Arrest | |
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| Initial Arrest | |
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| Jail and Booking Procedure | |
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| Custodial Interrogation | |
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| Further Investigation | |
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| Basic Criminal Concepts | |
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| Crimes | |
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| Criminal Due Process | |
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| The Fourteenth Amendment | |
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| Basic Court Decisions | |
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| The Pretrial Process | |
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| Arrest | |
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| Initial Appearance | |
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| Preliminary Hearing | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| The Pretrial Process in Criminal Cases | |
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| The Prosecutor | |
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| Nolle Prosequi | |
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| Plea Bargaining | |
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| Initial Screening and Case Assignment | |
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| Prosecutorial Investigation | |
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| The Grand Jury Function | |
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| The Alternate Information Process | |
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| Federal Grand Juries | |
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| State Grand Juries | |
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| Grand Jury Procedure Illustrated | |
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| Grand Jury Deliberation | |
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| Right to a Speedy Trial | |
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| Federal Speedy Trial Act | |
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| State Speedy Trial Act | |
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| Defense Considerations | |
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| Sentencing Alternatives | |
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| Plea Bargaining Illustrated | |
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| The Arraignment | |
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| Victim's Rights | |
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| Plea Day Illustrated | |
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| Plea Alternatives | |
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| Sentencing | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| A Murder Trial | |
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| Defense Investigation | |
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| Prosecutor's Decision | |
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| Right to Counsel at Lineup Identification | |
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| The Lineup Procedure | |
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| The Death Penalty | |
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| Constitutional Status of the Death Penalty | |
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| Criminal Discovery Process | |
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| The Murder Indictment | |
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| Pretrial Planning | |
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| Defense Strategy | |
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| Prosecution Strategy | |
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| The Trial | |
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| Bifurcated Trial Procedure | |
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| Criminal Voir Dire | |
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| Opponents' Opening Statements | |
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| Prosecutor's Case in Chief | |
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| Defense Case in Chief | |
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| Closing Arguments | |
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| Judge's Charge to the Jury | |
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| Verdict and Sentencing | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Evaluating The Criminal Process | |
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| Appellate Review in Criminal Cases | |
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| Plea Bargaining Issues | |
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| Arguments against Plea Bargaining | |
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| Arguments for Plea Bargaining | |
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| Constitutional Issues | |
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| Prison Conditions and Overcrowding | |
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| Prisoners' Rights | |
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| Community-Based Programs | |
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| Juvenile Justice Systems | |
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| Criminal Procedures in Other Countries | |
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| Plea Bargaining Differences | |
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| Victims' Rights | |
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| Comparison of German and American Procedures | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Understanding Administrative Due Process | |
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| Administrative Due Process | |
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| State and Federal Regulatory Agencies | |
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| Federal Regulation | |
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| State Regulation | |
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| The Rule-Making Function | |
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| The Investigative Function | |
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| The Adjudicative Function | |
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| Judicial Review | |
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| Other Specialized Courts | |
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| United States Claims Court | |
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| United States Tax Court | |
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| Administrative Procedure in Other Countries | |
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| The Scandinavian Ombudsman | |
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| French and German Administrative Courts | |
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| Chapter Summary | |
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| Review Exercise | |
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| Discussion Questions | |
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| Sources and Suggested Reading | |
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| Conclusion | |
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| Appendixes | |
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| The Constitution of the United States of America | |
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| Illustrative Cases in Law | |
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| Witness Statements | |
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| Glossary of Key Terms | |
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| Index | |