American Law and the Legal System Equal Justice under the Law

ISBN-10: 0766817407
ISBN-13: 9780766817401
Edition: 2nd 2000 (Revised)
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Description: This overview of the system of law and government in the United States is a revision of the successful "Equal Justice Under the Law", that provides the conceptual tools needed to prepare individuals for their roles as citizens, paralegals, lawyers,  More...

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Book details

List price: $176.95
Edition: 2nd
Copyright year: 2000
Publisher: Delmar Cengage Learning
Publication date: 12/13/1999
Binding: Paperback
Pages: 408
Size: 8.25" wide x 10.50" long x 0.50" tall
Weight: 1.892

This overview of the system of law and government in the United States is a revision of the successful "Equal Justice Under the Law", that provides the conceptual tools needed to prepare individuals for their roles as citizens, paralegals, lawyers, teachers, law enforcement agents, government employees, and judges. ALSO AVAILABLE INSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDER Instructor?s Manual, ISBN: 0-7668-1741-5 COMING SOON West Paralegal Comprehensive CTB-2000-II, ISBN: 0-7668-1773-3

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

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