American Law and Legal Systems
by Calvi, James V.; Coleman, SusanFormat: Paperback
Pub. Date: 1991-08-01
Publisher(s): Taylor & Francis
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Summary
This volume presents a clear examination of the philosophy of law within a political, social, and economic framework. Coverage introduces readers to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics from how a lawsuit is filed to the final appeal and review English legal roots. The survey addresses history and the law, court organization, procedure and evidence, limitations, constitutional law, criminal law, administrative law, environmental law, torts, contracts, and property law. For those interested in a greater understanding of the American legal system.
Table of Contents
| Preface | p. xi |
| Introduction | p. 1 |
| Functions of Law in Society | p. 2 |
| Sources of Law in Society | p. 4 |
| Kinds of Law | p. 8 |
| Bob Jones University v. United States | p. 15 |
| Conclusion | p. 18 |
| History and the Law | p. 20 |
| Law Through the Ages | p. 20 |
| The English Heritage | p. 27 |
| The American Experience | p. 33 |
| The American Legal Profession | p. 35 |
| Conclusion | p. 38 |
| Court Organization | p. 42 |
| The Federal Court System | p. 43 |
| State Court Systems | p. 49 |
| Judicial Selection | p. 54 |
| Removal of Judges | p. 67 |
| Conclusion | p. 72 |
| Procedure and Evidence | p. 76 |
| Alternative Dispute Resolution | p. 77 |
| Civil Procedure | p. 79 |
| Criminal Procedure | p. 93 |
| Rules of Evidence | p. 98 |
| Conclusion | p. 107 |
| Limitations | p. 110 |
| Judicial Restraint | p. 110 |
| Legal Limitations | p. 117 |
| Conclusion | p. 124 |
| Constitutional Law | p. 126 |
| Judicial Review | p. 127 |
| Constitutional Interpretation | p. 134 |
| Major Constitutional Doctrines | p. 140 |
| Conclusion | p. 158 |
| Criminal Law | p. 163 |
| Characteristics of Criminal Law | p. 165 |
| Elements of a Crime | p. 167 |
| Parties to a Crime | p. 172 |
| Procedural Criminal Law | p. 173 |
| Punishment | p. 188 |
| Juvenile Justice | p. 194 |
| Two Case Studies in Criminal Law | p. 198 |
| Conclusion | p. 204 |
| Administrative Law | p. 209 |
| Delegation Theory | p. 211 |
| Judicial Review and Administrative Law | p. 221 |
| Conclusion | p. 225 |
| Environmental Law | p. 227 |
| Environmental Law Jurisprudence | p. 228 |
| Major Environmental Legislation | p. 232 |
| Issues of Environmental Law | p. 236 |
| Conclusion | p. 244 |
| Torts | p. 247 |
| Negligence | p. 249 |
| Intentional Torts | p. 254 |
| Strict Liability | p. 259 |
| General Tort Defenses | p. 261 |
| Conclusion | p. 261 |
| Contracts | p. 265 |
| Contractual Terms of Art | p. 266 |
| Formation of Contracts | p. 267 |
| Breach of Contract | p. 270 |
| Rules of Construction | p. 273 |
| Uniform Commercial Code | p. 274 |
| Consumer Law | p. 277 |
| Business Relationships | p. 279 |
| Conclusion | p. 282 |
| Property | p. 285 |
| Estates | p. 286 |
| Inception of Title and Liens | p. 293 |
| Probate and Succession | p. 295 |
| Trusts and Gifts | p. 300 |
| Intellectual Property | p. 301 |
| Conclusion | p. 307 |
| Conclusion | p. 311 |
| Law as Protector and Oppressor | p. 312 |
| Law and Politics | p. 313 |
| Law and Society | p. 314 |
| Law and Economics | p. 315 |
| Final Reflections | p. 317 |
| Legal Research | p. 319 |
| Glossary | p. 331 |
| Index | p. 346 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
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