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Preface | xiii | |
Section 1 | Where Our Laws Come From | |
Chapter 1 | Constitutional Law | 3 |
The U.S. Constitution is a Compact | ||
The Articles of the Constitution | ||
The Bill of Rights | ||
The Fourteenth Amendment | ||
Other Amendments | ||
State Constitutions | ||
Chapter 2 | Statutory Law | 11 |
Preemption | ||
Codes | ||
Chapter 3 | Case Law | 15 |
Federal Courts | ||
Types of Cases | ||
State Courts | ||
Case Law | ||
The Status of the Court | ||
Chapter 4 | Administrative Law | 27 |
Rule Making Process | ||
Code of Federal Regulations | ||
State Rules | ||
Rules for the Legal Profession | ||
Legal Analysis | ||
Section 2 | The Court System | |
Chapter 5 | Civil Litigation | 35 |
Civil Justice in the State Court System | ||
Filing Suit | ||
Serving the Suit Papers | ||
Response by the Defendant | ||
Discovery | ||
Pretrial and Trial | ||
Voir Dire | ||
Opening Statement | ||
Presentation of Evidence | ||
Jury Instructions | ||
Verdict | ||
Posttrial Motions | ||
Appeal | ||
Court Rules | ||
Civil Justice in the Federal Court System | ||
Personal Jurisdiction | ||
State Court vs. Federal Court | ||
Chapter 6 | Criminal Law and Procedure | 61 |
Constitutional Protections | ||
Exclusionary Rule | ||
Criminal Procedure | ||
Probable Cause | ||
Warrants | ||
Miranda Rights | ||
Judicial Review of Arrest | ||
Prosecutors | ||
First Court Appearance | ||
Pleas | ||
Pretrial Proceedings | ||
Felonies and Misdemeanors | ||
Discovery | ||
Privilege | ||
Jury Trial | ||
Right of Confrontation | ||
Standard of Proof | ||
Sentencing | ||
Appeal | ||
Double Jeopardy | ||
Habeas Corpus | ||
Criminal Justice in the Federal Court System | ||
Chapter 7 | Criminal Law and Specific Crimes | 79 |
Murder | ||
Personal Crimes and Victimless Crimes | ||
Property Crimes | ||
Intent | ||
Strict Liability and Vicarious Liability | ||
Actus Reus | ||
Attempted Crime | ||
Solicitation | ||
Accessories | ||
Conspiracy | ||
Defenses | ||
Chapter 8 | Juvenile Law | 89 |
Teen Rights | ||
Parental Responsibility | ||
Chapter 9 | What to Expect if Called as a Juror | 93 |
Chapter 10 | What to Expect if Called as a Witness | 97 |
Section 3 | Areas of the Law | |
Chapter 11 | Contracts | 101 |
Offer and Acceptance | ||
Consideration | ||
Auctions | ||
Uniform Commercial Code (UCC) | ||
Statute of Frauds | ||
Defenses to Contracts | ||
Parol Evidence | ||
Conditions to Performance | ||
Payment of Attorney's Fees | ||
Material Breach | ||
Other Contract Theories | ||
Recoverable Damages | ||
Liquidated Damages | ||
Equitable Relief | ||
Checklist for Contracts | ||
Chapter 12 | Torts | 117 |
Negligence | ||
Motor Vehicle Accident | ||
Premises Liability | ||
Product Liability | ||
Professional Liability | ||
Standard of Care | ||
Children | ||
Attractive Nuisance | ||
Res Ipsa Loquitur | ||
Vicarious Liability | ||
Strict Liability | ||
Intentional Torts | ||
Damages | ||
Joint and Several Liability | ||
Comparative and Contributory Negligence | ||
Defenses | ||
Immunities | ||
Wrongful Death Actions | ||
Chapter 13 | Domestic Relations | 137 |
Marriage | ||
Annulment | ||
Divorce | ||
Grounds | ||
Corroboration Requirement | ||
Defenses | ||
Custody | ||
Change of Custody | ||
Adoption and Paternity | ||
Child Support | ||
Spousal Support | ||
Property Division | ||
Prenuptial and Property Settlement Agreements | ||
Chapter 14 | Landlord/Tenant Rights | 147 |
Leases | ||
Chapter 15 | Estates and Probate | 151 |
Probating a Will | ||
Executor | ||
Taxes | ||
Guardianship, Power of Attorney, and Trust | ||
Living Will and Advance Medical Directive | ||
Chapter 16 | Taxes | 159 |
Federal Taxes | ||
State Taxes | ||
IRS | ||
Chapter 17 | Real Estate | 165 |
Determining Title | ||
Adverse Possession | ||
Real Estate Contracts | ||
Chapter 18 | Business Organization | 177 |
Sole Proprietorships | ||
Partnerships | ||
Corporations | ||
Limited Liability Companies and Limited Liability Partnerships | ||
Chapter 19 | Bankruptcy | 183 |
Chapter 7 | ||
Chapter 11 | ||
Chapter 13 | ||
Chapter 20 | Employment | 191 |
Discrimination | ||
Federal Laws | ||
At-Will Employment | ||
Overtime and Minimum Wage | ||
Unemployment | ||
Severence and Lay-offs | ||
Chapter 21 | Workers' Compensation | 199 |
Claims | ||
Benefits | ||
Complex Injuries | ||
Third Party Claims | ||
Second Injury Fund and Uninsured Employer Fund | ||
Chapter 22 | Insurance | 207 |
Automobile Insurance | ||
Life Insurance | ||
Health Insurance | ||
Homeowners Insurance | ||
Malpractice Insurance | ||
Insurance Agents | ||
Chapter 23 | Eminent Domain and Zoning | 213 |
Zoning | ||
Chapter 24 | Liens | 217 |
Mechanic's Lien | ||
Garagekeeper's Lien | ||
Innkeeper's Lien | ||
Domestic Relation's Lien | ||
Attorney's Lien | ||
Tax Lien | ||
Secured Transaction | ||
Conclusion | 221 | |
Glossary | 223 | |
Index | 231 | |
About the Author | 241 |
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