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Items
Details
Author
Title
Law 101 / Jay M. Feinman.
Published
Oxford : Oxford University Press, [2014]
Copyright
©2014
Call Number
KF387 .F45 2014
Edition
Fourth Edition.
ISBN
9780199341696 (hardcover : acid-free paper)
0199341699 (hardcover : acid-free paper)
9780195395136
0195395131
0199341699 (hardcover : acid-free paper)
9780195395136
0195395131
Description
xii, 359 pages ; 25 cm
System Control No.
(OCoLC)873763413
Summary
"[A] fully updated survey of American law that incorporates fresh materials on recent Supreme Court cases, the latest developments in Internet law, and sensational criminal trials"--Flap page 1 of dust jacket.
Note
Includes indexes.
Record Appears in
Variant Title
Law one hundred one
Law one hundred and one
Law one hundred and one
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Preface
xi
1.
There Are No Secret Books: You Can Understand the Law
1
2.
Constitutional Law and Constitutional Politics: Interpreting and Applying the Constitution
9
What is constitutional law?
9
Why do we need constitutional law?
16
How does the Supreme Court decide what the Constitution means?
20
Where does the Supreme Court get the authority to interpret the Constitution?
26
What powers does constitutional law give to the rest of the federal government?
32
What powers do the states have under constitutional law?
43
3.
First Freedoms: Constitutional Rights
49
What rights does constitutional law protect?
49
What is due process?
51
Does constitutional law require that everyone be treated equally?
55
How does the Constitution protect freedom of speech?
62
How does the Constitution protect freedom of religion?
76
What other rights are protected by the Constitution?
83
4.
Your Day in Court: The Litigation Process
95
What is civil procedure?
95
Why do we need civil litigation and civil procedure?
98
Where do court cases come from?
100
Where can a lawsuit be brought?
102
When can you make a federal case out of it?
105
If you can sue in different places, what law will apply in each place?
109
How does a lawsuit begin?
110
What can the defendant do to respond to a lawsuit?
113
What if there are more than two parties to a lawsuit?
116
What if there are many parties to a lawsuit?
118
How do the parties discover the facts about their case?
120
What else happens before the trial?
124
What happens at trial?
126
What evidence can be presented at trial?
129
What about the jury?
131
What happens after trial?
137
5.
Auto Accidents, Scalding Coffee, and Medical Malpractice: Personal Injuries and Tort Law
141
What is tort law?
142
Why do we need tort law?
144
Is it a tort when you hit someone?
149
Is it a tort when you injure someone by not being careful?
152
What does the law mean by reasonable care?
157
How does a plaintiff prove that a defendant has been negligent?
160
What if the victim is partly at fault for an accident?
163
If someone does not intend to injure someone else and acts with reasonable care, can he or she still be liable in tort?
165
When is a manufacturer liable for injuries caused by its products?
166
What damages can a plaintiff get in a tort case?
172
When are damages awarded to punish the defendant?
177
6.
When Is a Deal a Deal? Businesses, Consumers, and Contract Law
181
What is contract law?
181
Why do we need contract law?
182
How do you make a contract?
187
Does a contract have to be in writing to be enforceable?
191
Can anyone make a contract?
193
Once two people make an agreement, is it always enforceable?
194
If a contract is unfair, can a court refuse to enforce it?
197
How does the law treat form contracts?
199
Once you make a contract, can you ever get out of it?
202
What happens if one party's performance depends on something happening and it doesn't happen?
205
Will a court order someone to perform a contract?
208
How much does someone have to pay for not keeping a promise?
210
7.
You Are What You Own: The Law of Property
213
What is property law?
213
Why do we need property law?
217
What kinds of property are there?
221
Who owns the Internet?
223
How can someone acquire property?
227
How is property purchased and sold?
230
How is property transferred on death?
234
What is a trust?
239
How do people own property collectively?
240
How else can ownership of property be shared?
243
What are the property rights of a landlord and a tenant?
247
When can the government take your property?
250
8.
From Insanity to In Cold Blood: Criminal Responsibility and Criminal Law
255
What is criminal law?
255
Why do we need criminal law?
259
What is a criminal act?
263
Does someone have to mean to commit a crime to be guilty?
266
When is self-defense justified?
270
In what other circumstances is someone justified in committing a crime?
274
Why are criminals allowed to plead insanity as a defense?
277
What other defenses are available?
283
Can someone be convicted for almost committing a crime?
286
What is homicide?
290
Why is rape law so controversial?
296
9.
Protecting the Innocent, Freeing the Guilty: Criminal Procedure
301
What is criminal procedure?
301
Why do we need criminal procedure?
303
What are the steps in the criminal process?
306
When can the police conduct a search and seizure?
309
What is the privilege against self-incrimination?
315
What happens if police violate a defendant's rights?
318
What is plea bargaining?
321
Why do we have juries?
325
What is the adversary process?
329
How does sentencing work?
332
What about the death penalty?
335
Why does it seem that criminal appeals go on so long?
340
Conclusion
345
Index of Legal Cases
347
Index of Subjects
351