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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 | |