Introduction to Law: Its Dynamic Nature by Henry R. Cheeseman

Introduction to Law: Its Dynamic Nature

byHenry R. Cheeseman

Paperback | August 10, 2004

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This complete introduction to law places emphasis on ethics and international issues, showing readers how to engage in ethical, analytical reasoning with every topic from legal fundamentals to areas of substantive law. The features of this book encourage readers to apply critical thinking, organizational and summation skills, and legal research tools to solve specific legal problems. The American court system, criminal law and ethics, contracts and E-Commerce, family law, real and personal property, agency, employment, and equal opportunity law, intellectual property and internet law, and administrative law, consumer, investor, and environmental protection. For paralegals, legal assistants, lawyers, and all legal professionals.

About The Author

Henry R. Cheeseman, JD, LLM is an award-winning author of several textbooks. He has earned six degrees, including a Juris Doctor degree from the UCLA School of Law and an LLM degree from Boston University. Now a clinical professor of law at the University of Southern California, he has been voted best teacher of the year, earning h...

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Title:Introduction to Law: Its Dynamic NatureFormat:PaperbackDimensions:512 pages, 10.1 × 8.2 × 1 inPublished:August 10, 2004Publisher:Pearson EducationLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0131123734

ISBN - 13:9780131123731

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TO THE INSTRUCTORS The editors would like to point out that Henry Cheeseman's award-winning teaching style and extensive knowledge of every aspect of the law comes shining through every page in this book. Introduction to Law, along with all of Henry Cheeseman's publications, is recognized as a complete teaching package. All course materials for teaching with Professor Cheeseman's books are prepared with you in mind. Features of the Book Students learn how to engage in ethical, analytical reasoning with every topic from legal fundamentals to areas of substantive law. The features of the book encourage students to apply critical thinking, organizational and summation skills, and legal research tools to solve specific legal problems. These features include: Chapter Outline, Objectives, Terminology, and Summary in every chapter Special boxed examples, graphics, photos, and diagrams illustrating essential points In each chapter, one or more Cases for Discussion, with questions, as well as the chapter-end feature Cases for Discussion, which includes additional cases and one ethics case Guidelines for briefing a case and one Case for Briefing activity in each chapter Sidebars highlighting information about text topics and the legal profession Ethical Perspective, Information Technology, and International Perspective feature boxes Working the Web research exercises and Critical Legal Thinking Questions TO THE STUDENTS Each semester, as I stand up in front of a new group of students in my law class, I am struck by the thought that, cases and statutes aside, I know two very important things that they have yet to learn. The first is that I draw as much from them as they do from me. Their youth, enthusiasm, questions, and even the doubts a few of them hold about the relevance of law to their futures, fuel my teaching. They don't know that every time they open their minds to look at a point from a new perspective or critically question something they have taken for granted, I get a wonderful reward for the word that I do. The other thing I know is that both teaching and learning the legal and ethical environment are all about stories. The stories I tell provide the framework on which students will hang everything they learn about the law in my class. It is my hope that long after the facts about the specific language of the statutes and legal principles have faded, they will retain that framework. Several years from now, "unintentional torts" may draw only a glimmer of recognition with students who learn about them in my class this year. However, they will likely recall the story of the woman who sued McDonalds for serving her coffee that was too hot and caused her injuries. The story sticks and give students the hook on which to hang the concepts. I reminded myself of these two facts when I sat down to write Introduction to Law. My goal is to present law and ethics in a way that will spur students to ask questions, to go beyond rote memorization. Law is an evolving outgrowth of its environment, and that environment keeps changing. In addition to the social, ethical, and international contexts I have incorporated in Introduction to Law, this book also emphasizes coverage of e-commerce and the Internet as two vital catalysts to the law and a key part of its environment. It is my wish that my commitment to these goals shines through in this labor of love, and I hope you have as much pleasure in using it as I have had in creating it for you. A Helping Hand The editors at Pearson Prentice Hall want you to know that other materials are available to help you in your studies. Visit www.prenhall.com/legalstudies studies to find Resources to help you with your course work. The Companion Website can help you study and review the information in this book, and practice test taking. You may share the results of your self-test with your professor or keep them to yourself. Use the feedback from the Companion Website as a guide for further study and practice. In addition, numerous Web links are available for reference and further investigation. Your professor can order this book shrink-wrapped with free time-limited access to VersusLaw ®, an online legal research service. The access code for VersusLaw® allows you to research at your leisure for one semester. The book can also be packaged with LexBrief ™ software designed to help you develop the analytical, organizational, and summation skills needed to have a successful career in the industry. On the same CD-ROM you will have a copy of The Lexiverse Dictionary, a customized, standalone dictionary for legal students.

Table of Contents

PART I. THE LEGAL ENVIRONMENT.

1. The Nature of Law and Critical Legal Thinking.

Introduction. What Is Law? Schools of Jurisprudential Thought. History of American Law. Sources of Law in the United States. Critical Legal Thinking.

2. The American Court System.

Introduction. State Court System. Federal Court System. Jurisdiction of Federal and State Courts.

3. Civil Litigation and Alternative Dispute Resolution.

Introduction. The Pleadings. Discovery. Pretrial Motions. Settlement Conference. The Trial. The Appeal. Alternative Dispute Resolution.

4. Criminal Law and Ethics.

Introduction. Definition of a Crime. Classification of Crimes. Essential Elements of a Crime. Criminal Acts as Basis for Tort Actions. Criminal Procedure. Crimes Affecting Business. White-Collar Crimes. Inchoate Crimes. Constitutional Safeguards. Law and Ethics.

5. Constitutional Law and Freedoms.

Introduction. Basic Constitutional Concepts. The Supremacy Clause. The Commerce Clause. The Bill of Rights. Other Constitutional Clauses. Administrative Agencies.

PART II. BASIC LAW.

6. Torts and Product Liability.

Introduction. Intentional Torts Against Persons. Intentional Torts Against Property. Unintentional Torts (Negligence). Special Negligence Doctrines. Defenses Against Negligence. Product Liability.

7. Contracts and E-Commerce.

Introduction. Definition of and Parties to a Contract. Requirements of a Contract. Agreement. Consideration. Capacity to Contract. Lawful Object. Statute of Frauds—Writing Requirement. Assignment of Rights. Third-Party Beneficiaries. Performance. Remedies. The Uniform Commercial Code (UCC).

8. Real and Personal Property.

Introduction. Personal Property. Bailments. Real Property. Freehold Estates. Future Interests. Concurrent Ownership. Transfer of Ownership of Real Property. Landlord-Tenant Relationship. Land-Use Control.

9. Family Law.

Introduction. Premarriage Issues. Marriage. Parents and Children. Adoption. Marriage Termination. Child Custody. Financial Considerations Associated with the Termination of a Marriage. Prenuptial Agreements.

10. Wills, Trusts, and Estates.

Introduction. Wills. Special Types of Wills. Types of Testamentary Gifts. Special Issues Concerning Wills. Inestate Succession. Probate. Trusts.

PART III. ADVANCED LAW.

11. Business Organizations.

Introduction. Sole Proprietorship. General Partnership. Limited Partnership. Limited Liability Partnership (LLP). Limited Liability Company (LLC). Corporations. Franchise. Licensing.

12. Agency, Employment, and Equal Opportunity Law.

Introduction. Agency. Independent Contractor. Workers' Compensation. Occupational Safety and Health Act. Title VII of the Civil Rights Act of 1964. Age Discrimination in Employment Act (ADEA). Americans With Disabilities Act (ADA). Labor Union Law.

13. Credit, Suretyship, and Bankruptcy.

Introduction. Unsecured and Secured Credit. Security Interests in Real Property. Security Interests in Personal Property. Surety and Guaranty Arrangements. Federal Bankruptcy Law. Chapter 7 Liquidation Bankruptcy. Chapter 13 Consumer Debt Adjustment. Chapter 11 Reorganization Bankruptcy.

14. Intellectual Property and Internet Law.

Introduction. Trade Secrets. Patents. Copyrights. Trademarks. The Internet.

15. Administrative Law, Consumer, Investor, and Environmental Protection.

Introduction. Administrative Law. Consumer Protection. Investor Protection. Environmental Protection.

Appendix A.

Cases for Briefing.

Appendix B.

The Constitution of the United States.

Appendix C.

Analysis Using the Code of Ethics for the National Association of Legal Assistants, Inc.

Appendix D.

Basic Citation Reference Guide.

Glossary.

Case Index.

Subject Index.

Editorial Reviews

"Henry R. Cheeseman's penchant for excellent presentation is easily recognized in Introduction to Law: Its Dynamic Nature. Together with accuracy and logic, Professor Cheeseman couples comprehensive coverage and visual effect... The author does an outstanding job of presenting the material... The consistent inclusion of ethics with chapter subject matter is a stellar feature... use of visuals is very effective..." — Taylor L. Morton, member, California Resolution Dispute Council "This text has better flow, more current, better grouping of topics... the chapter summaries are the best I've seen so far..." — Adam Epstein, Central Michigan University "I was most impressed by the emphasis placed on ethics and international issues... I also found the 'Working the Web' feature to be a terrific addition to the traditional text material... without detracting from the substantive chapter material." — Laura Barnard, Lakeland Community College "... the 'Cases for Discussion' feature is a very effective way to learn the legal concepts." — Stephen Pan, Las Vegas College