Demystifying the Law: An Introduction for Professionals explains unfamiliar legal concepts in interesting contexts, thus helping you to understand and remember them. It illustrates legal principles using simple examples that anyone can understand.
No single book can turn you into a lawyer, but this one can help you decide when you need a lawyer's assistance and help you ask intelligent questions of your lawyer. It can even help keep you out of situations requiring a lawyer.
Part I tells you where our laws come from and how they are applied in the court system. Part II explains the role in law of the executive branch of government, including quasi-legislative and quasi-judicial activities, judicial review, and technicalities and terms.
Part III covers several specific legal issues, including civil procedure, criminal law concepts, burden of proof, the "reasonable person" concept, breach of duty, personal and product liability, and malpractice. It also gives brief introductions to contracts, insurance law, workers' compensation, property law, environmental law, water law, and other legal matters.
Every professional should own this valuable resource!
Ideal for both personal and business use.
Appendices include how to find legal citations and extracts from the federal rules of civil procedure.
Table of Contents
PART I: THE AMERICAN LEGAL SYSTEM. The Role of Law in Society. SOURCES OF AMERICAN LAW. The Constitution. Treaties. Statutes. Court Decisions. THE STRUCTURE OF THE COURT SYSTEM. Courts of Limited Jurisdiction. Courts of General Jurisdiction. Appellate Courts. Intermediate Appellate Courts. The Ultimate Authorities. Federal Jurisdiction. Law and Equity. THE COMMON LAW (ANGLO-SAXON) SYSTEM OF LAW. Stare Decisis-Following the Precedents. Res Judicata-"When It's Over, It's Over." The Civil Law or Continental System. Malum in se-Inherent Evils. Malum Prohibitum-Prohibited Evils. PART II: ADMINISTRATIVE LAW AND JUDICIAL REVIEW. QUASI-LEGISLATIVE ACTIVITIES. Informal Rulemaking-"Notice and Comment." Hybrid Rulemaking. External Petitions. The Code of Federal Regulations. The Preference for the Status Quo. QUASI-JUDICIAL ACTIVITIES. Professional Licensing and Regulation. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. SOME TECHNICAL HOOPS AND HURDLES. Jurisdiction. Justiciability. Standing. Right of Action. Ripeness. Summary. SOME ADDITIONAL TECHNICALITIES. Statute of Limitations. Sovereign Immunity. PART III: SOME SPECIFIC LEGAL ISSUES. CIVIL PROCEDURE. Complaint. Answer. Counterclaims, Cross-Claims, Third Party Claims and Class Actions. Discovery. Motion Practice Before Trial. Motions During and After Trial. SPECIAL ISSUES IN EQUITY. Temporary Restraining Orders. Preliminary Injunction. Injunction. Laches. SOME CRIMINAL LAW CONCEPTS. Evil Mind. Evil Act. The Body of the Crime. Scienter. "BURDEN OF PROOF." Burden of Persuasion. Burden of Going Forward. Presumptions. THE "REASONABLE PERSON." EVIDENTIARY PRIVILEGES. Self-Incrimination. Attorney-Client Privilege. Physician-Patient Privilege. Other Privileges. TORTS. Duty. Breach of Duty. Injury. Cause. Personal Injury Actions. Nuisance and Trespass. Other Torts. CONTRACTS. Meeting of the Minds. Statute of Frauds. "Merger" Clauses. Contracts of Adhesion. Warranties. Breach of Contract. Specific Performance. INSURANCE. Interpretation of Insurance Contracts. Insurance Companies. Reinsurance and Self-Insurance. Maritime Insurance. Bonding and Surety. Life and Health. Worker's Compensation. Property and Casualty Insurance. REAL PROPERTY. Warranty Deeds. Quickclaim Deed. The Extent of Ownership of Real Property. Adverse Possession. Governmental Limitations on Property Rights. ENVIRONMENTAL LAW. What Is Environmental Law? Management Duties. Regulatory Activities. The Problem of Cross-Media Pollution. WATER LAW. Riparian Rights. Appropriation Systems. Hybrid Systems. OTHER LEGAL MATTERS. Intellectual Property-Patents, Copyrights, Trademarks. Trade Secrets. "Business" or "Commercial" Law. International Law. Local Government Law. The Boss Is Liable-Respondeat Superior. APPENDIX A. APPENDIX B.