Introduction to Law 7th Edition by Beth Walston-Dunham, ISBN-13: 978-1305948648
[PDF eBook eTextbook] – Available Instantly
- Publisher: Cengage Learning; 7th edition (January 1, 2019)
- Language: English
- 672 pages
- ISBN-10: 1305948645
- ISBN-13: 978-1305948648
Discover an appreciation for today’s law as you learn how law affects virtually every facet of modern life and society with Walston-Dunham’s best-selling INTRODUCTION TO LAW, 7E. You begin with a detailed look at the organization of the U.S. system of government. This edition’s timely, clear presentation guides you through each of the primary substantive areas of law as you complete realistic assignments, examine relevant ethical issues and review easy-to-understand judicial opinions that reinforce the topics within each chapter. From fundamental concepts to emerging legal topics, INTRODUCTION TO LAW, helps you thoroughly understand legal terminology, principles of law and key cases that are impacting society — and so many professions — today.
Table of Contents:
Cover Page
Title Page
Copyright Page
Dedication
Preface
Support Materials
Acknowledgments
Chapter 1. The Historical Basis and Current Structure of the American Legal System
The Historical Basis of American Law
Before the Government
The Results of the Revolution
The Influence of Political Theories
Balance as the Key to Success
The Modern Legal System
The Sources of Law
The Hierarchy of Law
Exception to the Rule of Hierarchy
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 1.1
Internet Assignment 1.2
Chapter 2. The Courts
The Purpose and Effect of Judicial Law
Characteristics of Judicial Law
Clarification of the Law
Protection of the Law
The Structure of the Judicial System
Trial versus Appellate Courts
The Federal Court System
The U.S. District Courts
Special Federal Courts
The U.S. Courts of Appeals
The U.S. Supreme Court
The State Court System
The Process of Legal Analysis
Legal Analysis of Case Law (Judicial Opinions)
The Facts
The Legal Issue
The Law
The Rule
Statutory and Administrative Analysis
Application of Legal Analysis
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 2.1
Internet Assignment 2.2
Internet Assignment 2.3
Chapter 3. Legislation
The Legislative Branch
The Purpose of Legislation
The Legislative Process
The Path from Concept to Law
Constitutional Amendments
The Function of Lobbyists
Public Hearings and Sessions
Publication of Legislation
Legislation and Judicial Review
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 3.1
Internet Assignment 3.2
Internet Assignment 3.3
Chapter 4. The Executive Branch and Administrative Authority
The Executive Branch
Changes in the Electoral Process
Powers and Authority of the President
The Role of the President, Then and Now
Administrative Agencies
The Role of the Administrative Agency
The Creation of an Administrative Agency
The Delegation Doctrine
Agencies Today
The Operation of an Administrative Agency
Authority of Administrative Agencies
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 4.1
Internet Assignment 4.2
Internet Assignment 4.3
Internet Assignment 4.4
Chapter 5. Substantive and Procedural Issues
Substantive and Procedural Issues
The Difference between Civil and Criminal Law
Substantive versus Procedural Law
Substantive Law
Procedural Law
The Common Ground
The Creation and Application of Civil Procedure Law
Creating Laws of Procedure
Types of Procedural Law
Rules of Civil Procedure
Pretrial Proceedings
Stages of Trial
Rules of Evidence
Rules of Appellate Procedure
Appellate Procedure
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 5.1
Internet Assignment 5.2
Internet Assignment 5.3
Internet Assignment 5.4
Chapter 6. Jurisdiction
Types of Jurisdiction
Subject Matter Jurisdiction
Jurisdiction in Personam (Personal Jurisdiction)
In Rem and Quasi in Rem Jurisdictions
Federal Jurisdiction
Federal Question
The United States as a Party
Diversity of Citizenship
Removal and Remand
Other Jurisdictional Considerations
Corporations
Venue
Forum Non Conveniens
Establishing Jurisdiction
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 6.1
Internet Assignment 6.2
Internet Assignment 6.3
Chapter 7. The Legal Professional
Who Are Today’s Legal Professionals?
Judges
Lawyers
Paralegals
Law Office Administrators
Support Personnel
Quasi-Legal Professionals
The Newest Professional in the Legal Arena: The Paralegal
The Paralegal as a Member of the Legal Team
Development of the Paralegal Profession
Current Defining Standards of Competence
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 7.1
Internet Assignment 7.2
Internet Assignment 7.3
Internet Assignment 7.4
Internet Assignment 7.5
Chapter 8. The Law of Ethics
How Law and Ethics Interrelate
Legal Ethics and Their Impact on Professionals
Ethical Standards
Ethical Canons and Rules
Competency
Confidentiality
Conflict of Interest
Commitment to Zealous Representation
The Result of Ethical Violations
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 8.1
Internet Assignment 8.2
Internet Assignment 8.3
Chapter 9. Torts
What Is a Tort?
The Development of Tort Law
Trespass and Trespass on the Case
Liability of Parties
Increase in Tort Claims
Terminology in Torts
Negligence
The Concept of Duty
Range of Possible Injury
Degree of Duty
The Standard of Care
Proximate Cause
Damage
Res Ipsa Loquitur
Strict Liability
Intentional Torts
Assault
Battery
False Imprisonment
Trespass
Fraud
Defamation
Emotional Distress
Special Damages Awarded for Intentional Torts
Product Liability
Causes of Action
Defenses
Statute of Limitations
Employment and Torts
Employer–Employee Relationship
Statutes Governing the Employment Relationships Involved in Tort Actions
Employer Liability Laws
Discrimination Issues
Medical Malpractice
Effects of Electronic Communications on Modern Tort Law
Tort Defenses
Contributory and Comparative Negligence
Assumption of Risk
Last Clear Chance
Intentional Tort Defenses
Damages in Tort Actions
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 9.1
Internet Assignment 9.2
Internet Assignment 9.3
Chapter 10. Family Law
Marriage and Annulment
Antenuptial (Prenuptial) Agreements
Requirements for Marriage
Annulment
Common Law Marriage
The Marriage Relationship
Effects of Tort and Criminal Law on Domestic Relations
Ending the Marital Relationship
Jurisdiction
Grounds for Dissolution of a Marriage
Legal Separation
Temporary Orders
Custody
Who Gets Custody?
Joint Custody
Enforcement of Custody Orders
Child Support
Child-Support Guidelines
Modification of Support
Failure to Pay
Visitation
Property and Debt Division
Separate Property
Community Property
Pensions and Employee Benefit Programs
Marital Debts
Maintenance (Alimony or Spousal Support)
Nontraditional Marital Relationships
Reproductive Law
Paternity
Adoption
Fertility and Surrogacy
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 10.1
Internet Assignment 10.2
Internet Assignment 10.3
Chapter 11. Estates and Probate
What Is Probate and Estate Law?
The Function of the Probate Courts
Intestate Succession
Testate Succession
Requirements of a Valid Will
Will Codicils and Will Revocation
Will Contests
Probate of Estates
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 11.1
Internet Assignment 11.2
Internet Assignment 11.3
Chapter 12. Property Law
Real Property
Freehold Estates
Types of Ownership between Multiple Parties
Air and Subsurface Rights
Incorporeal Interests
Buyers’ and Sellers’ Rights
Adverse Possession
Rights and Duties of Ownership
Condominiums
Nonfreehold Estates
Fixtures
Personal Property
Bailment
Lost and Mislaid Property
Abandoned Property
Confused Property
Actions to Recover Property or Its Value
Intellectual Property
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 12.1
Internet Assignment 12.2
Internet Assignment 12.3
Chapter 13. The Law of Contracts
Elements of a Valid Contract
At Least Two Parties
Parties Who Have Legal Capacity
Manifestation of Assent by All Parties
Consideration That Supports a Legal and Enforceable Promise
Third-Party Involvement in Contracts
Third-Party Contracts
Assignment and Delegation
Problems in Creating or Enforcing the Contract
Terms of the Contract
Unconscionable Contracts
Fraud in Contracts
Statute of Frauds
Defenses to an Allegation of Breach of Contract
Remedies for Breach of Contract
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 13.1
Internet Assignment 13.2
Internet Assignment 13.3
Chapter 14. The Law of Business
Agency
Creation of the Agency Relationship
Agent’s Duties
Principal’s Duties
Types of Authority
Respondeat Superior
Sole Proprietorships
Partnerships
The Nature of Partnerships
Characteristics of a Partnership
Limited Partnerships
The Relationship of Partners
Partnership Property
The Life of a Partnership
Partnership Dealings with Third Parties
Termination or Dissolution
Corporations
Corporate Characteristics
Creating a Corporation
Types of Corporate Status
Personal Corporations, Close Corporations, and Limited Liability Companies
Piercing the Corporate Veil
Corporate Stock
The Corporate Existence
Voting by Shareholders
Rights of Shareholders
Corporate Actions
Dissolution of the Corporation
Bankruptcy
Negotiable Instruments
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 14.1
Internet Assignment 14.2
Internet Assignment 14.3
Chapter 15. Criminal Law
Definitions and Categories of Crime
Categories of Crime
Definition of Crime and the Elements of Criminal Conduct
Parties to Crime
Principal in the First Degree
Principal in the Second Degree
Accessory before the Fact
Accessory after the Fact
Parties to Crime under the Model Penal Code
Elements of Serious Crimes
Inchoate Offenses
Miscellaneous Offenses
Felony Crimes
Electronic Media and Crime
Punishment
White-Collar Crime
Defenses to Charges of Criminal Conduct
Common Defenses
The Insanity Defense
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 15.1
Internet Assignment 15.2
Chapter 16. Criminal Procedure
Criminal Procedure and the Constitution
The Approach of the U.S. Supreme Court
The Fourteenth Amendment: Due Process
The Fourth Amendment: Search and Seizure
The Fifth Amendment: Double Jeopardy and Self-Incrimination
The Sixth Amendment: Speedy Trial, Impartial Jury, and Confrontation
The Eighth Amendment: Bail and Cruel and Unusual Punishment
Stages of Criminal Procedure
Pre-Arrest
Arrest and Interrogation
Bail
Preliminary Hearing and Arraignment
Trial, Appeal, and Sentencing
Chapter Summary
Chapter Terms
Review Questions
Internet Assignment 16.1
Internet Assignment 16.2
Internet Assignment 16.3
Appendix. Important Resources
Beth Walston-Dunham is a licensed attorney. Additionally, she is licensed in the United States Court of Appeals, 8th Circuit.
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