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Preface
1 There are no Secret Books: You can Understand the Law 1
2 Constitutional Law and Constitutional Politics: Interpreting and Applying the Constitution 9
What is constitutional law? 9
Why do we need constitutional law? 16
How does the Supreme Court decide what the Constitution means? 20
Where does the Supreme Court get the authority to interpret the Constitution? 26
What powers does constitutional law give to the rest of the federal government? 32
What powers do the states have under constitutional law? 43
3 First Freedoms: Constitutional Rights 49
What rights does constitutional law protect? 49
What is due process? 51
Does constitutional law require that everyone be treated equally? 56
How does the Constitution protect freedom of speech? 63
How does the Constitution protect freedom of religion? 77
What other rights are protected by the Constitution? 84
4 Your Day in Court: The Litigation Process 95
What is civil procedure? 95
Why do we need civil litigation and civil procedure? 98
Where do court cases come from? 100
Where can a lawsuit be brought? 102
When can you make a federal case out of it? 105
If you can sue in different places, what law will apply in each place? 108
How does a lawsuit begin? 110
What can the defendant do to respond to a lawsuit? 112
What if there are more than two parties to a lawsuit? 115
What if there are many parties to a lawsuit? 118
How do the parties discover the facts about their case? 120
What else happens before the trial? 124
What happens at trial? 126
What evidence can be presented at trial? 129
What about the jury? 131
What happens after trial? 137
5 Auto Accidents, Scalding Coffee, and Medical Malpractice: Personal Injuries and Tort Law 141
What is tort law? 142
Why do we need tort law? 144
Is it a tort when you hit someone? 149
Is it a tort when you injure someone by not being careful? 152
What does the law mean by reasonable care? 158
How does a plaintiff prove that a defendant has been negligent? 161
What if the victim is partly at fault for an accident? 164
Suppose someone does not intend to injure someone else and acts with reasonable care. Can he or she still be liable in tort? 166
When is a manufacturer liable for injuries caused by its products? 167
What damages can a plaintiff get in a tort case? 173
When are damages awarded to punish the defendant? 178
6 When is a Deal a Deal? Businesses, Consumers, and Contract Law 181
What is contract law? 181
Why do we need contract law? 182
How do you make a contract? 187
Does a contract have to be in writing to be enforceable? 191
Can anyone make a contract? 193
Once two people make an agreement, is it always enforceable? 194
If a contract is unfair, can a court refuse to enforce it? 197
How does the law treat form contracts? 199
Once you make a contract, can you ever get out of it? 202
What happens if one party's performance depends upon something happening and it doesn't happen? 204
Will a court order someone to perform a contract? 207
How much does someone have to pay for not keeping a promise? 209
7 You Are What You Own: The Law of Property 213
What is property law? 213
Why do we need property law? 217
What kinds of property are there? 221
Who owns the Internet? 223
How can someone acquire property? 227
How is property purchased and sold? 230
How is property transferred on death? 234
What is a trust? 239
How do people own property collectively? 240
How else can ownership of property be shared? 243
What are the property rights of a landlord and a tenant? 247
When can the government take your property? 249
8 From Insanity to In Cold Blood: Criminal Responsibility and Criminal Law 255
What is criminal law? 255
Why do we need criminal law? 259
What is a criminal act? 263
Does someone have to mean to commit a crime to be guilty? 266
When is self-defense justified? 270
In what other circumstances is someone justified in committing a crime? 276
Why are criminals allowed to plead insanity as a defense? 280
What other defenses are available? 286
Can someone be convicted for almost committing a crime? 288
What is homicide? 293
Why is rape law so controversial? 298
9 Protecting the Innocent, Freeing the Guilty: Criminal Procedure 305
What is criminal procedure? 305
Why do we need criminal procedure? 307
What are the steps in the criminal process? 310
When can the police conduct a search and seizure? 313
What is the privilege against self-incrimination? 319
What happens if police violate a defendant's rights? 322
What is plea bargaining? 325
Why do we have juries? 328
What is the adversary process? 333
How does sentencing work? 335
What about the death penalty? 339
Why does it seem that criminal appeals go on so long? 343
Conclusion 349
Index of Legal Cases 351
Index of Subjects 355
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Add Law 101: Everything You Need to Know About American Law (Law 101: Everything You Need to Kno..., The first two editions of the best-selling Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this third edition, Jay M. Feinman offers a fully updated survey of American law that, Law 101: Everything You Need to Know About American Law (Law 101: Everything You Need to Kno... to the inventory that you are selling on WonderClubX
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Add Law 101: Everything You Need to Know About American Law (Law 101: Everything You Need to Kno..., The first two editions of the best-selling Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this third edition, Jay M. Feinman offers a fully updated survey of American law that, Law 101: Everything You Need to Know About American Law (Law 101: Everything You Need to Kno... to your collection on WonderClub |