The American Legal System: Perspectives, Politics, Processes, and Policies

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Rowman & Littlefield, 2008 - 685 páginas
Firmly anchored in social science concepts, the second edition of The American Legal System demonstrates the relationships among private law, the business legal environment, and public law issues, as well as related subjects of interest. This fifteen-chapter book is divided into three parts. Part I places the legal system in a political perspective centering on the origins of the law, schools of jurisprudence, branches and functions of law, legitimacy of law, how the judiciary functions in the federal system of government, and judicial interpretation and decision making. Part II contrasts legal processes: civil suits for money damages, criminal processes, equity justice, administrative processes, and alternative dispute resolution. Part III centers on the legal norms or rules governing both civil and criminal conduct, property law, family law, contract law, and government regulation of business. Throughout, the text features edited court opinions--many new to this edition--illustrating lively and thought-provoking controversies that are certain to spark student interest. Among the many compelling issues addressed are the legal and constitutional controversies surrounding the Bush Administration's "War on Terror," and the socially explosive developments concerning same-sex marriage. In addition, each chapter includes at least three comparative notes showing how other legal cultures in different nation-states treat legal matters. A wealth of pedagogical features--chapter-opening objectives; key terms, names, and concepts; a glossary, discussion questions, and appendices--are included to aid student comprehension. The authors have prepared an Instructor's Manual and Test Bank to facilitate the book's use in the classroom.

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Contenido

Law in Perspective
3
Legitimacy and the Limits of Authority
47
The Judiciary and the Federal System
81
Judicial Interpretation and DecisionMaking
127
Contrasting Legal Processes
169
Civil Suits for Money Damages
171
Equity Processes
223
Criminal Processes
245
Family Law
445
Criminal Law
483
Contracts
519
Government Regulation of Business
559
Constitution of the United States
611
Excerpts from ALIs Model Penal Code and Article 3 of the Uniform Commercial Code
627
Guide to Legal Citations
639
Guide to Internet Sites
641

Administrative Processes
289
Alternative Dispute Resolution
331
Legal Norms Law Governing Conduct Property Relations among Individuals and Business Regulation
359
Torts
361
Property
405
Glossary of Selected Legal and Foreign Language Terms
643
Name Index
663
Subject Index
667
About the Authors
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