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| Preface | |
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| Table of Cases | |
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| Table of Illustrations | |
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| The Development of the American Legal System | |
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| Chapter Objectives | |
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| Foundation of the Current Legal System | |
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| Origins of the American Legal System | |
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| Sociological Influences | |
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| An Issue of Balance | |
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| The Current Legal System--Its Basic Structure and Functions | |
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| The Branches of Federal Government | |
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| State Government | |
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| Current Law-Related Professions and Their Roles Within the Legal System | |
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| Judges | |
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| Lawyers | |
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| Paralegals | |
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| Law Office Administrator | |
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| Law Clerk | |
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| Legal Investigator | |
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| Law Librarian | |
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| Legal Secretary | |
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| Filing Clerk | |
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| Billing Personnel | |
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| Receptionist | |
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| Professions with Semi-Legal Authority | |
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| The Creation of Legal Principles | |
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| Chapter Objectives | |
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| Relevant Terms | |
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| How Various Types of Legal Standards Are Created | |
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| Statutory Law | |
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| The Creation of Administrative Law | |
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| The Creation of Judicial Law | |
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| The Effect of Various Legal Standards in Relation to One Another | |
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| Procedural and Substantive Law in Civil and Criminal Cases | |
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| Criminal Versus Civil Law | |
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| Substantive Versus Procedural Law | |
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| When Substantive and Procedural Issues Become Blended | |
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| Legal Analysis and Application of Legal Principles | |
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| Chapter Objectives | |
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| What Is Legal Analysis? | |
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| Legal Analysis Defined | |
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| Legal Analysis of Judicial Opinions | |
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| Statutory and Administrative Analysis | |
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| Application of Legal | |
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| Citation of Legal Standards | |
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| Anatomy of a Civil Lawsuit | |
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| Chapter Objectives | |
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| Jurisdictional Issues | |
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| Basic Principles of Civil Jurisdiction | |
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| Federal Jurisdictional Issues | |
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| Steps of Procedure in a Civil Case | |
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| Commencement of an Action | |
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| Response | |
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| Investigation and Discovery | |
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| Motion Practice | |
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| Stages of Trial | |
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| Voir Dire | |
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| Opening Statements | |
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| Case in Chief | |
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| Defense | |
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| Closing Argument | |
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| Jury Instructions | |
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| Verdict and Posttrial Motions | |
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| Posttrial Matters | |
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| The Development and Role of Today's Paralegal | |
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| Chapter Objectives | |
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| How the Profession of Paralegal Developed in the United States | |
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| The Evolution of a New Profession | |
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| The Development of Accepted Standards of Competence | |
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| The Current Position of the Paralegal | |
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| An Overview of the Types of Positions Commonly Held by Paralegals | |
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| Common Skills and Duties of Today's Paralegal | |
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| The Future Direction of the Paralegal Profession | |
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| Today's Paralegal in the Workplace: Communication Skills as a Core Element | |
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| Chapter Objectives | |
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| The Importance of Written and Verbal Communication Skills | |
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| Verbal Communication | |
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| Exchanging Ideas | |
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| Interviewing | |
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| Recording the Results | |
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| Written Communication | |
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| Correspondence | |
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| Memoranda | |
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| Pleadings and Motions | |
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| The Process of Legal Research | |
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| Chapter Objectives | |
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| Sources of Law | |
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| Types of Authority | |
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| Interpreting the Citation | |
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| Judicial Citations | |
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| Statutory Citations | |
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| Administrative Citations | |
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| Finding Tools | |
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| Statutory and Administrative Code Indexes | |
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| Locating Judicial Law | |
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| Locating Secondary and Reference Authorities | |
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| The Fundamental Research Process | |
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| Identifying the Research Question | |
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| Determination of Likely Sources of Authority | |
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| Knowing When to Stop | |
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| Analysis and Prioritization of Products of Research | |
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| Confirmation of Search Results | |
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| Computers and Legal Research | |
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| Legal Ethics for the Legal Professional | |
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| Chapter Objectives | |
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| Legal Ethics: An Oxymoron? | |
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| The Purpose and Function of Ethical Standards | |
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| Legal Ethical Standards Defined | |
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| The Impact of Legal Ethics on the Profession and the Public | |
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| Formal Ethical Standards | |
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| Ethical Canons and Rules | |
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| Major Ethical Standards | |
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| When a Violation of an Ethical Standard Injures the Public | |
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| Remedies for the Injured Party | |
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| Sources of Impact on the Legal Professional | |
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| Tort Law in America | |
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| Chapter Objectives | |
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| The Evolution of American Tort Law | |
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| Early Influences | |
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| Changes and Adaptations | |
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| Modern Tort Terminology | |
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| The Concept of Negligence | |
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| The Elements of Negligence | |
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| Hidden Elements of Negligence: Res Ipsa Loquitur | |
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| Intentional Torts | |
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| Distinguished from Other Torts | |
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| Common Actions for Intentional Torts | |
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| Strict Liability | |
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| Products Liability | |
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| Torts in the Work Place | |
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| Injured Third Parties | |
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| Development of Laws to Protect Workers/Workplace | |
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| Employment Discrimination | |
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| Defenses to Actions in Tort | |
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| Contributory and Comparative Negligence | |
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| Assumption of Risk | |
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| Last Clear Chance | |
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| Defenses to Intentional Torts | |
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| The Law of Agency, Business Organizations, and Bankruptcy | |
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| Chapter Objectives | |
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| Forms of Business, Agency, and Uniform Law--An Overview | |
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| Concept of Agency | |
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| Types of Authority | |
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| Apparent Authority | |
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| Inherent Authority | |
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| Ratification | |
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| Forms of Business Entities | |
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| Sole Proprietorships | |
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| Partnerships and Limited Partnerships | |
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| Corporations | |
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| Bankruptcy | |
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| The Law of Probate and Estates | |
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| Chapter Objectives | |
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| What is Probate and Estate Law? | |
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| The Function of the Probate Courts | |
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| The Estates of Deceased Individuals | |
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| Intestate Succession | |
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| Testate Succession | |
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| Will Contests | |
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| Probate of Estates | |
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| The Law of Contracts | |
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| Chapter Objectives | |
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| Contractual Elements | |
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| Unilateral and Bilateral Contracts | |
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| At Least Two Parties with Capacity | |
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| Manifestation of Assent | |
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| Consideration That Supports An Enforceable Promise | |
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| Creation of a Valid Contract | |
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| Offers | |
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| Acceptance | |
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| Rescinding the Offer | |
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| Enforcement of Contracts | |
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| Unconscionable Contracts | |
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| Fraud in Contracts | |
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| The Statute of Frauds | |
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| Breach of Contract and Defenses to Claims of Breach of Contract | |
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| Remedies for Breach of Contract | |
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| Damages | |
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| Specific Performance | |
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| When Contracts Affect or Involve Third Parties | |
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| The Law of Real and Personal Property | |
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| Chapter Objectives | |
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| The Development of Property Law | |
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| What Is Property? | |
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| When Similar Real Property Interests Are Held by More Than One Person | |
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| Air and Subsurface Rights | |
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| Incorporeal Interests | |
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| Sales and Purchase of Real Property Interests | |
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| Adverse Possession | |
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| Rights and Duties of Ownership | |
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| Condominiums | |
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| NonFreehold Estates | |
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| Fixtures: Real or Personal Property? | |
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| Personal Property | |
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| Bailments Generally | |
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| Forms of Bailment | |
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| Property That Is Lost or Mislaid | |
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| When Personal Property Is Abandoned | |
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| When the Properties of More Than One Person Are Blended | |
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| When the True Owner Seeks the Return of Property in the Possession of Another | |
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| The Law of Domestic Relationships | |
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| Chapter Objectives | |
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| The Marriage Relationship | |
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| Antenuptial (Prenuptial) Agreements | |
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| Requirements for Marriage | |
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| Annulment | |
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| Common-Law Marriage | |
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| Legal Obligations in the Marriage Relationship | |
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| Effects of Tort and Criminal Law on the Marriage Relationship | |
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| Actions of Third Parties Against Married Persons | |
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| Domestic Violence | |
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| Marital Violence | |
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| Ending the Marital Relationship | |
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| Jurisdiction | |
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| Legal Separation | |
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| Grounds for Dissolution of a Marriage | |
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| Temporary Orders | |
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| Custody | |
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| Child Support | |
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| Visitation | |
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| Property and Debt Division | |
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| Maintenance (Alimony or Spousal Support) | |
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| Nonmarital Relationships | |
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| Reproductive Law | |
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| Paternity | |
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| Adoption | |
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| Fertility and Surrogacy | |
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| Criminal Law and Procedure | |
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| Chapter Objectives | |
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| Criminal Law | |
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| Definitions and Categories of Crime | |
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| Common-Law Parties to Crime | |
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| Parties to Crime Under the Model Penal Code | |
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| Elements of Serious Crimes | |
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| Criminal Procedure and the Constitution | |
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| The Fourteenth Amendment: Due Process | |
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| The Fourth Amendment: Search and Seizure | |
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| The Fifth Amendment: Double Jeopardy, Self-Incrimination | |
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| The Sixth Amendment: Speedy Trial, Impartial Jury, Confrontation | |
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| The Eighth Amendment: Bail, Cruel and Unusual Punishment | |
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| Stages of Criminal Procedure | |
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| Appendices | |
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| Constitution of the United States | |
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| The Model Business Corporation Act | |
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| The Uniform Partnership Act | |
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| The Uniform Limited Partnership Act | |
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| Glossary | |
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| Index | |