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Law 101: Everything You Need to Know About American Law 6th Revised edition [Kietas viršelis]

3.96/5 (1337 ratings by Goodreads)
(Distinguished Professor, Rutgers Law School)
  • Formatas: Hardback, 448 pages, aukštis x plotis x storis: 242x164x43 mm, weight: 730 g
  • Išleidimo metai: 20-Jun-2023
  • Leidėjas: Oxford University Press Inc
  • ISBN-10: 0197662579
  • ISBN-13: 9780197662571
  • Formatas: Hardback, 448 pages, aukštis x plotis x storis: 242x164x43 mm, weight: 730 g
  • Išleidimo metai: 20-Jun-2023
  • Leidėjas: Oxford University Press Inc
  • ISBN-10: 0197662579
  • ISBN-13: 9780197662571
"Law 101 provides an authoritative and up-to-date overview of American law and the American legal system. It explains the basics of the law-the rules, principles, and arguments that lawyers and judges use. Written to be accessible to the ordinary reader,it uses many intriguing examples of cases to illustrate key terms and ideas. Law 101 covers the topics that are fundamental to an understanding of US law and taught in every law school: constitutional law, civil liberties, civil procedure and the litigation process, property law, contract law, tort law, criminal law, and criminal procedure and the criminal justice system. It is perfect for anyone considering law school or a career related to law, or for the general reader who is looking for an explanation of everyday legal problems or highly publicized legal issues. The book contains an index of key legal concepts and of important judicial decisions discussed"--

An authoritative and up-to-date introduction to the American legal system.

In this sixth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fifth edition, there have been many important developments on the legal front. The Supreme Court has become more conservative and is in the process of handing down important decisions that will change the law on affirmative action, abortion, gun rights, presidential power, and religious rights. Feinman covers all of this and expands his discussion of originalism, the guiding philosophy of many conservative jurists serving on the federal bench now. He also addresses the rapidly changing legal landscape in a variety of issue areas: race and the criminal justice system, cryptocurrency, and tort reform, among others.

This fully updated edition of Law 101 accounts for all these developments and more, as Feinman once again covers all the main subjects taught in the first year of law school. Drawing from noteworthy, infamous, and even outrageous examples and cases, he discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, tort, and contract law. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter."

Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislatures, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.

Recenzijos

Praise for the previous editions: An engaging introduction to just about every aspect of law. * The American Lawyer * All the benefits of that first year of law school without the tedium, the terror, and the sleep deprivation...These legal lessons are presented in a style nearly always engaging and very often humorous. * Jurist * An entertaining and informative introduction to the law...For journalists, those interested in the law, and fans of television law dramas, this book should be required reading. * Library Journal * A layperson's introduction to the legal subjects that assault every first-year law student. From constitutional law to contracts to Dickensian procedures that guide civil suites, the book gives an approachable overview of the cases and concepts that combine to form our legal system. * Newark Star-Ledger * Though a book is aimed at laypersons, it offers a good refresher course to update legal practitioners and paraprofessionals in areas where they do not specialize. A good read overall for those interested in the law. * Booklist * Law 101 attempts to teach you how to think like a lawyer * without requiring that you dedicate three years and tens of thousands of dollars to the task. The result? A practical book that is also a pleasure to read.The Trenton Times * This basic text offers nonlawyers a concise, accessible overview of topics typically introduced in the first year of law school. Feinman, a law professor at Rutgers, cites seminal cases to highlight key concepts in the fields of constitutional law, civil procedure, torts, contracts, property, criminal law and criminal procedure. He does not minimize the actual complexity of these subjects, conceding variously that contract law has "tormented the most students," property law "most irritates students," conflicts of law "tortures students" and civil procedure is "the most alien." Nevertheless, he distinguishes his book from the various how-to-be-your-own-lawyer manuals on the market: 'This one is fun to read.' ...But many readers, particularly those contemplating law school, will find this a painless introduction to American legal theory and practice. * Publishers Weekly (Praise for the Second Edition) * Many readers, particularly those contemplating law school, will find this a painless introduction to American legal theory and practice. * Publishers Weekly * Feinman's style makes for easy reading, and Law101 is chock full of analyses, anecdotes, examples, questions, and legal reasoning set out in lay terms. Overall, the book provides an excellent explanation of what American law is, and it frequently suggests ways in which it might be improved. * The Federal Lawyer * Academic law libraries and law libraries serving the public, academic libraries serving undergraduate students, and public libraries will find this book a good addition to their collections. This book is also a good read for students thinking of attending law school and for those persons who have been away from the practice of law but are interested in getting reacquainted with its basics. * Alicia G. Jones, Reference Librarian, Lesar Law Library, Southern Illinois University School of Law, Law Library Journal

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Preface xi
1 There Are No Secret Books: You Can Understand the Law
1(8)
2 The Supreme Law of the Land: Constitutional Law
9(48)
What is constitutional law?
10(5)
Why do we need constitutional law?
15(5)
How does the Supreme Court decide what the Constitution means?
20(9)
Where does the Supreme Court get the authority to interpret the Constitution?
29(8)
What powers does constitutional law give to the rest of the federal government?
37(15)
What powers do the states have under constitutional law?
52(5)
3 First Freedoms: Constitutional Rights
57(54)
What rights does constitutional law protect?
57(3)
What is due process?
60(5)
Does constitutional law require that everyone be treated equally?
65(8)
How does the Constitution protect freedom of speech?
73(16)
How does the Constitution protect freedom of religion?
89(9)
What other rights are protected by the Constitution?
98(13)
4 Your Day in Court: The Litigation Process
111(55)
What is civil procedure?
111(3)
Why do we need civil litigation and civil procedure?
114(3)
Where do court cases come from?
117(3)
Where can a lawsuit be brought?
120(3)
When can you make a federal case out of it?
123(5)
If you can sue in different places, what law will apply in each place?
128(2)
How does a lawsuit begin?
130(2)
What can the defendant do to respond to a lawsuit?
132(4)
What if there are more than two parties to a lawsuit?
136(3)
What if there are many parties to a lawsuit?
139(3)
How do the parties discover the facts about their case?
142(5)
What else happens before the trial?
147(2)
What happens at trial?
149(3)
What evidence can be presented at trial?
152(3)
What about the jury?
155(7)
What happens after trial?
162(4)
5 Hot Coffee and Crashing Cars: Tort Law
166(46)
What is tort law?
167(2)
Why do we need tort law?
169(7)
Is it a tort when you hit someone?
176(4)
Is it a tort when you injure someone by not being careful?
180(5)
What does the law mean by reasonable care?
185(4)
How does a plaintiff prove that a defendant has been negligent?
189(3)
What if the victim is partly at fault for an accident?
192(3)
If someone does not intend to injure someone else and acts with reasonable care, can he or she still be liable in tort?
195(1)
When is a manufacturer liable for injuries caused by its products?
196(7)
What damages can a plaintiff get in a tort case?
203(6)
When are damages awarded to punish the defendant?
209(3)
6 A Deal's a Deal: Contract Law
212(41)
What is contract law?
212(2)
Why do we need contract law?
214(6)
How do you make a contract?
220(4)
Does a contract have to be in writing to be enforceable?
224(2)
Can anyone make a contract?
226(2)
Once two people make an agreement, is it always enforceable?
228(3)
If a contract is unfair, can a court refuse to enforce it?
231(3)
How does the law treat form contracts and online contracts?
234(5)
Once you make a contract, can you ever get out of it?
239(5)
What happens if one party's performance depends on something happening and it doesn't happen?
244(3)
Will a court order someone to perform a contract?
247(2)
How much does someone have to pay for not keeping a promise?
249(4)
7 You Are What You Own: Property Law
253(51)
What is property law?
254(4)
Why do we need property law?
258(4)
What kinds of property are there?
262(5)
Who owns the Internet?
267(5)
How can someone acquire property?
272(3)
How is property purchased and sold?
275(6)
How is property transferred on death?
281(5)
What is a trust?
286(1)
How do people own property collectively?
287(4)
How else can ownership of property be shared?
291(5)
What are the property rights of a landlord and a tenant?
296(3)
When can the government take your property?
299(5)
8 Crime Doesn't Pay: Criminal Law
304(56)
What is criminal law?
304(5)
Why do we need criminal law?
309(6)
What is a criminal act?
315(2)
Does someone have to mean to commit a crime to be guilty?
317(5)
When is self-defense justified?
322(5)
When are the police justified in using force?
327(3)
In what other circumstances is someone justified in committing a crime?
330(4)
Why are criminals allowed to plead insanity as a defense?
334(6)
What other defenses are available?
340(3)
Can someone be convicted for almost committing a crime?
343(6)
What is homicide?
349(6)
Why is rape law so controversial?
355(5)
9 Protecting the Innocent, Freeing the Guilty: Criminal Procedure
360(54)
What is criminal procedure?
360(3)
Why do we need criminal procedure?
363(3)
What are the steps in the criminal process?
366(4)
When can the police conduct a search and seizure?
370(8)
What is the privilege against self-incrimination?
378(4)
What happens if police violate a defendants rights?
382(4)
What is plea bargaining?
386(4)
Why do we have juries?
390(5)
What is the adversary process?
395(3)
How does sentencing work?
398(6)
What about the death penalty?
404(5)
Why does it seem that criminal appeals go on so long?
409(5)
Conclusion 414(3)
Index of Legal Cases 417(4)
Index of Subjects 421
Jay M. Feinman is Distinguished Professor of Law at Rutgers Law School. He is the author of seven books and many scholarly articles.