The American Legal System: Foundations, Processes, and Norms / Edition 1

by Albert P. Melone, Allan Karnes

Overview

This text is designed to introduce students to both private and public law and to the nature of the judicial system. Anchored in social science concepts, The American Legal System demonstrates the relationships between private law and public law issues, the business legal environment, as well as related subjects of interest.

Part I introduces students to terms and concepts necessary for understanding the legal system, the jurisdiction and authority of courts, the organization of courts in the United States, judicial interpretation and decision-making, and the U.S. constitutional system. Part II centers on legal processes—the world of civil and criminal procedure, explained in ordinary language. Subjects include civil suits for money damages; criminal, equity, and administrative processes; and the various modes of alternative dispute resolution. Along the way, students gain a working knowledge of process and procedural rights. Part III provides chapters on the substantive legal topics of criminal law, torts, property, and family law. Part IV treats the law governing the world of business: contracts, business regulation by government, and taxation. All of these substantive law chapters include a section tracing modern substantive law to its common law roots. We also include sections on evolving legal issues including product liability, tort reform, copyright infringement, victimless crimes, youthful offenders, artificial conception of human life, and same-sex marriages.

Every chapter features edited court opinions illustrating many lively and interesting controversies that will capture the interest of students regardless of their academic major. At the beginning of each chapter, students will find chapter objectives designed to guide their reading. A glossary of selected legal and Latin terms will also prove useful to the reader, as will the end-of-chapter discussion questions, lists of key names, terms, and concepts, and listings of selected books and articles for further reading. A table of cases as well as name and subject indices provides even greater detail, so that readers may also use the book as a reference. A comprehensive Instructor's Manual/Testing Program (which includes complete lecture outlines, suggested answers to the discussion questions at the end of each chapter, briefs of court opinions, and suggested films for classroom use) is available, either in book or electronic form. A Student Study Guide, written by Bradley Best (Buena Vista University), is also available.

Product Details

ISBN-13:	9780195330168
Publisher:	Oxford University Press
Publication date:	04/01/2003
Edition description:	Older Edition
Pages:	790
Product dimensions:	10.00(w) x 7.39(h) x 1.85(d)

Table of Contents

Part I: The Legal System in PerspectiveChapter 1: Law in PerspectiveOrigins of LawSchools of JurisprudenceiNatural Law/iiHistorical School/iiUtilitarianism/iiAnalytical Jurisprudence/iiSociological Jurisprudence/iiLegal Realism/iiCritical Legal Studies/iBranches of LawFunctions of LawiDefining Relationships/iiAllocation of Authority in Society/iiResolution of Conflict When It Arises/iRedefine Relations of Individuals and Groups in SocietyThe Method of the Common LawiBoard of Regents v. Southworth/iReading and Briefing Court OpinionsChapter 2: Legitimacy and the Limits of AuthorityLegitimacy and Legalism as IdeologyiBush v. Gore and Legitimacy/iJurisdiction and Common Law CourtsSpecialized Royal CourtsiCourt of Common Pleas/iiCourt of King's Bench/iiExchequer of Pleas/iiCourt of Chancery-Equity/iiStar Chamber Court/iiImpact of Royal Courts/iJurisdictional QuestionsCompelling Court AppearancesLong Arm Statutes and Minimum ContactsiBen & Jerry's Homemade, Inc. v. Coronet Priscilla Ice Cream Corp./iChapter 3: Court Organization and Jurisdiction in the Federal SystemState CourtsFederal CourtsProblems of FederalismiNational Supremacy/iiMcCulloch v. Maryland/iiTenth and Eleventh Amendments/iiNational Common Law/iiErie R.R. Co. v. Tompkins/iFull Faith and Credit ClauseiTravelers Indemnity Company v. Lake/iNew Judicial FederalismiPower and Justice/iChapter 4: Judicial Interpretation and Decision MakingMethod of the Common LawiLake v. Wal-Mart Stores, Inc./iStatutory InterpretationiCaminetti v. United States/iOther Statutory CanonsConstitutional InterpretationiInterpretivism/iiNoninterpretivism/iiConsequence of the Debate/iiSaenz v. Roe/iEmpirical Theories of Decision-MakingiJudicial Attitude Approach/iiJudicial Role Approach/iiSocial Background Approach/iiSmall Group and Strategic Interactions/iiNeo-Institutionalism/iiEmpirical Theories in Perspective/iPart II. Contrasting Legal ProcessesChapter 5: Civil Suits forMoney DamagesLegal ProfessioniStratified Bar/iiHiring a Lawyer/iiKroff v. Larson/iPleadings, Answers, and RepliesDiscoveryPretrial ConferenceTrial Phase of LitigationiJury Selection/iiOpening Statements/iiParties and the Burden of Proof/iRules of EvidenceiDaubert v. Merrell Dow Pharmaceuticals, Inc./iiMotion for a Non-Suit/iiDefendant's Presentation/iiPlaintiff's Rebuttal and Defendant's Answer/iiRequest for a Directed Verdict/iiJury Summations/iiJudge's Instructions to the Jury/iiJury Deliberation and Verdict/iRemedies in Civil Suits for Money DamagesiNominal Damages/iiCompensatory Damages/iiExemplary Damages/iiLiquidated Damages/iiComparing Compensatory and Exemplary Damages/iiHampton v. Dillard's Department Stores, Inc./iiPost-Trial Motions/iAppeal Phase of LitigationRes JudicataEnforcing JudgmentsChapter 6: Equity ProcessesEquitable RemediesPleadings, Answers, and RepliesiJohnson v. North American Life & Casualty Co./iDiscoveryPretrial ConferencesTrial Phase of LitigationiEquitable Maxims/iiFinke v. Woodward/iJudicial DecreesiDoe v. Anderson/iChapter 7: Criminal ProcessesValues and the Criminal SystemPleading Phase: Commencing ProsecutioniComplaint/iiInformation/iiGrand Jury Indictment/iArrest and ArraignmentiBail/iDiscovery in Criminal CasesTrial Phase of Criminal ProcessesiRight to Counsel/iiRight to a Fair and Impartial Trial/iiSheppard v. Maxwell/iiRight to a Jury Trial/iiRight to a Speedy and Public Trial/iiPrivilege Against Self-Incrimination/iiConfrontation of Witnesses/iiMaryland v. Craig/iiJury Selection/iiCase Presentation to the Jury/iiFinal Arguments/iiJury Instructions and Deliberations/iiSentencing the Convicted/iAppealing ConvictionsiRes Judicata Exception/iiStone v. Powell/iJuvenile JusticeiDue Process Rights/iiRecent Trend in Juvenile Justice/iChapter 8: Administrative ProcessesCreating Administrative AgenciesRule-MakingiConstitutional Limitations/iiCongressional Delegation of Law-Making Power/iiFlue-Cured Tobacco Cooperative Stabilization Corp. v. United States/iEnvironmental Protection AgencyiPresidential Powers and Constraints/iInformation and InvestigationiIn re Gary Kohn v. Minnesota/iAgency Hearings and Judicial ReviewiJackson Mobilphone Co., Inc. v. Tennessee Public Svc. Commission/iChapter 9: AlternativeDispute ResolutionArbitrationiPhases of Arbitration/iiPick v. Discover Financial Services, Inc./iMediationConciliation, Facilitation, and MediationiPhases of Mediation/iiOmbuds Programs/iiRegulatory Negotiation/iCourt-Centered ADRiPrivate Trials/iiSummary Jury Trials/iiCourt-Annexed Arbitration/iiMini-Trial/iTrendsPart III. Law Governing Conduct, Property, and Relations Among IndividualsChapter 10: TortsWhat Is Tort Law? Evolution of Modern American Tort LawIntentional TortsiBattery/iiCohen v. Smith/iiAssault/iiCullison v. Medley/iiFalse Imprisonment/iiTaylor v. Gilmartin/iiIntentional Infliction of Emotional Distress/iiBlair v. LaFrance/iiIntentional Intrusions on Land/iiTrespass to Chattel and Conversion/iiCompuServe, Inc. vs. Cyber Promotions, Inc./iiDefenses and Privileges/iNegligenceiThe Interest Invaded/iiNegligent Conduct/iiLegal Cause of Damage/iiThe Damaged Party's Conduct/iProduct LiabilityA New Era—The Restatement (Third) of Torts, Product LiabilityiHudgens v. Interstate Battery/iTort ReformChapter 11: PropertyRoots of American Property LawInterests in Real PropertyiPresent Possessory Interests in Real Property/iiMethods of Joint or Concurrent Ownership/iiPremier Property Management, Inc. v. Chavez/iiFuture Interests/iFixturesiIn the Matter of: Albright/iPersonal PropertyiFinders of Property/iiBailments, Thieves and Innocent Third Parties/iDigital Barbarians at the Gate:iCopyrighted Property Under Siege/iiEntertainment Industry Reaction to Technology Advances/iiFederal Copyright Statutes/iiA&M Records, Inc. v. Napster, Inc./iChapter 12: Family LawMarriageiWho May Marry?/iiBaehr v. Lewin/iiCommon Law Marriage/iiIn Re Estate of Wagner/iiAntenuptial (Premarital) Agreements/iEnding a MarriageiAnnulment/iiDivorce/iDivision of PropertyiO'Brien v. O'Brien/iSpousal Support, Maintenance or AlimonyChildreniDependent Children of Divorcing Parents/iOther Issues Involving ChildreniChildren Born out of Wedlock/iiAdoption/iiScience and Family Law/iChapter 13: Criminal LawCriminal Law RootsSources of Police PowerThe Requirement of an Act and State of MindiNevada v. Richard/iCrimes Against PersonsiCommon Law Murder and Modern Variations/iiSwafford v. State/iiRape/iiState v. Thompson/iiBattery and Assault/iCrimes Against PropertyiCommon Law Larceny/iiRobbery/iiBurglary/iiTheft/iiReceiving Stolen Property/iiExtortion or Blackmail/iVictimless CrimesAttempt CrimesiUnited States v. Hair/iConspiracyDefensesiInsanity/iiNecessity and Duress/iiEntrapment/iiInfancy/iPart IV: Law Governing Conduct of BusinessChapter 14: ContractsHistorical Evolution of Modern American Contract LawBasic Elements of Contract FormationiCapacity/iiShields v. Gross/iiOffers/iiAccepting Offers/iiConsideration/iiWhitten v. Greeley-Shaw/iOral and Written Contracts, and the Statute of FraudsiThe Land Contract and One-Year Provisions/iiAcceptable Writings and Effect of Statute of Frauds Violations/iContract InterpretationiThe Problem of Language and the Plain Meaning Rule/iiRules of Interpretation/iiThe Parol Evidence Rule/iiGrove v. Charbonneau Buick-Pontiac, Inc./iContract Performance, Conditions, and BreachChapter 15: Business and GovernmentHistorical Perspective of Governmental Regulation of BusinessFederal Power to Regulate BusinessiTaxing and Spending Power/iiCommerce Clause/iiKatzenbach v. McClung/iiContracts Clause/iNegotiable InstrumentsiRequirements of Negotiability/iiEffects of Negotiability/iiHolders in Due Course/iSecured TransactionsEmployment DiscriminationiThe Federal Discrimination Statutes/iiOncale v. Sundowner Offshore Services, Inc./iSecurity Regulationi33 Act Offerings/ii34 Act Filings and Regulations/iiUnited States v. Falcone/iAntitrust LawiAnalysis of Allegations of Antitrust Violations/iiSpecific Activities/iiMonopolies/iiThe Debate Behind the Law/iOther Examples of GovernmentalRegulation of BusinessChapter 16: TaxationFederal Tax AuthorityAdministration of Tax LawUses of the Federal Tax SystemPolitical Nature of Tax LegislationIncome Taxation of Individuals: The Tax FormulaiGross Income/iiWoody v. United States/iiOlk v. United States/iiDeductions/iTaxable Income, Tax Rates, FilingiStatus, and Tax Credits/iLimitations and Two Vital Planning ConceptsiIncome Shifting and Capital Gains/iEntities for Business ActivitiesiIndividual Proprietorships/iiCorporations/iiPartnerships and Limited Liability Companies/iAppendicesiI. United States Constitution/iiII. Excerpts From Uniform Commercial Codes/iiIII. Taxation Appendix/iGlossary of Selected Legal and Latin TermsName IndexSubject Index

Editorial Reviews

"The textbook's approach is solid. While the coverage is comprehensive, it is not presented in an overly complex or complicated fashion. The discussion of theoretical concepts and issues is very good—it is clear without being overly long or too short."—Craig Hemmens, Boise State University

From the Publisher