9780130993113

This volume presents a clear examination of the philosophy of law within a political, social, and economic framework. Coverage introduces readers to operative legal concepts, everyday law practices, substantive procedures, and the intricacies of the American legal system. Eliminating confusing legalese, the authors skillfully explain the basics--from how a lawsuit is filed to the final appeal--and review English legal roots. The survey addresses history and the law, court organization, procedure and evidence, limitations, constitutional law, criminal law, administrative law, environmental law, torts, contracts, and property law. For those interested in a greater understanding of the American legal system.

Preface

xi

1 Introduction

1

(18)

Functions of Law in Society

2

(2)

Sources of Law in Society

4

(4)

Kinds of Law

8

(7)

Bob Jones University v. United States

15

(4)

2 History and the Law

19

(22)

Law Through the Ages

19

(8)

The English Heritage

27

(5)

The American Experience

32

(3)

The American Legal Profession

35

(6)

3 Court Organization

41

(33)

The Federal Court System

42

(6)

State Court Systems

48

(4)

Judicial Selection

52

(13)

Removal of Judges

65

(9)

4 Procedure and Evidence

74

(34)

Alternative Dispute Resolution

75

(2)

Civil Procedure

77

(13)

Criminal Procedure

90

(5)

Rules of Evidence

95

(13)

5 Limitations

108

(16)

Judicial Restraint

108

(7)

Legal Limitations

115

(9)

6 Constitutional Law

124

(36)

Judicial Review

125

(7)

Constitutional Interpretation

132

(5)

Major Constitutional Doctrines

137

(23)

7 Criminal Law

160

(43)

Characteristics of Criminal Law

162

(2)

Elements of a Crime

164

(5)

Procedural Criminal Law

169

(13)

Punishment

182

(6)

Juvenile Justice

188

(4)

Two Case Studies in Criminal Law

192

(11)

8 Administrative Law

203

(18)

Delegation Theory

205

(10)

Judicial Review and Administrative Law

215

(6)

9 Environmental Law

221

(20)

Environmental Law Jurisprudence

222

(4)

Major Environmental Legislation

226

(4)

Issues of Environmental Law

230

(11)

10 Torts

241

(17)

Negligence

242

(6)

Intentional Torts

248

(5)

Strict Liability

253

(1)

General Tort Defenses

254

(4)

11 Contracts

258

(20)

Contractual Terms of Art

259

(1)

Formation of Contracts

260

(3)

Breach of Contract

263

(3)

Rules of Construction

266

(1)

Uniform Commercial Code

267

(3)

Consumer Law

270

(2)

Business Relationships

272

(6)

12 Property

278

(27)

Estates

279

(7)

Inception of Title and Liens

286

(2)

Probate and Succession

288

(4)

Trusts and Gifts

292

(2)

Intellectual Property

294

(11)

13 Family Law

305

(24)

Role of the State in Family Relationships

306

(2)

Marriage

308

(5)

Dissolution of Marriage

313

(8)

The Parent-Child Relationship

321

(8)

14 Conclusion

329

(8)

Law as Protector and Oppressor

330

(1)

Law and Politics

331

(1)

Law and Society

332

(1)

Law and Economics

333

(2)

Final Reflections

335

(2)

Appendix: Legal Research

337

(11)

Glossary

348

(16)

Index

364

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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In the fifteen years since the publication of the first edition ofAmerican Law and Legal Systems,many changes in it have been made. Chapters have been added, deleted, and re-instated. These changes reflect our views about the importance of legal subfields as well as changes that have taken place in the legal environment. Our goal has always been to present as broad an overview of the various subfields as possible within the constraints of time and pages in an textbook. But as with any introductory textbook, the best we can do is to whet the reader's appetite and hope that he or she will want to learn more about the law. In the process, we hope we have conveyed our understanding of and love for America's law and its legal systems. It is tempting when writing a new edition to stay with what has worked in the past. The examples used, especially the case studies in several of the chapters, were chosen to illustrate key concepts. The case ofRummel v. Estellethat appears at the end of Chapter 7 is illustrative. On March 5, 2003, the United States Supreme Court handed downLockyer v. Andrade,its long-awaited reconsideration of the so-called threestrike rule. We debated whether we should replaceRummelwithLockyer,which, after all, was supposed to be a more recent interpretation of the Court's thinking on three-strike laws. However, after some consideration we rejected that idea.Lockyerdiscussed the three-strike rule in a very peripheral way as a procedural matter surrounding the grant or denial of a petition for habeas corpus. It did not, in our opinion, speak to the philosophical debate over the fundamental fairness of the three-strike rule. So, we stayed with the more familiarRummelcase because it is a better example of the points of substantive criminal law we wished to illustrate. At other times, we replaced examples that might have been pertinent to an earlier generation of students with ones we deemed more relevant to today's students. Even O.J. Simpson loses his pedagogical power after a while. In a collaboration that has lasted longer than many modern marriages, the list of persons to thank becomes very long indeed. We wish to thank our colleagues in the Department of History & Political Science at West Texas A&M University for their encouragement and support. We especially want to thank Marilyn McMillen, our departmental secretary, who has been an increasingly invaluable assistant with each new edition. Our special thanks to those who reviewed our revision plan and made helpful suggestions: Kathleen Moore, University of Connecticut, Storrs and Howard Schweber, University of Wisconsin, Madison. Finally, we want to thank the people of Prentice-Hall and Carlisle Publishers Services for their help in making this new edition possible. First, our thanks to Charlyce Jones-Owen, Editor-in-Chief, who stepped in for former Political Science Editor Heather Shelstad. Next, we would like to thank Production Liaison Joanne Hakim and Manufacturing Buyer Sherry Lewis, both of Prentice-Hall. Our special thanks goes to Brenda Averkamp of Carlisle Publishers Services for coordinating the editing and production of the manuscript.

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American Law and Legal Systems

American Law and Legal Systems

0130993115

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