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Law 101 : know your rights, understand your responsibilities, and avoid legal pitfalls

Law 101 : know your rights, understand your responsibilities, and avoid legal pitfalls

Law of America > Law of the United States > Federal law. Common and collective state law Individual states > General and comprehensive works > Minor and popular works

Edition Details

  • Creator or Attribution (Responsibility): Brien A. Roche
  • Language: English
  • Jurisdiction(s): Illinois
  • Publication Information: Naperville, Ill. : Sphinx Pub., 2004
  • Publication Type (Medium): Electronic books, Computer network resources, Popular works
  • Material: Document, Internet resource
  • Type: Internet Resource, Computer File
  • Other titles: Law one hundred one
    Law one hundred and one
  • Permalink: http://books.lawi.us/law-101-know-your-rights-understand-your-responsibilities-and-avoid-legal-pitfalls/ (Stable identifier)

Additional Format

Print version: Roche, Brien A. Law 101. Naperville, Ill.: Sphinx Pub., 2004 (DLC) 2004020343

Short Description

1 online resource (XIV, 239 pages) : map

Purpose and Intended Audience

Useful for students learning an area of law, Law 101 : know your rights, understand your responsibilities, and avoid legal pitfalls is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

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Bibliographic information

  • Publisher: Sphinx Pub.
  • Responsable Person: by Brien A. Roche.
  • Publication Date: 2004
  • Country/State: Illinois
  • Number of Editions: 7 editions
  • First edition Date: 2004
  • Last edition Date: 2009
  • General Notes: Includes index.
  • Languages: English
  • Library of Congress Code: KF387
  • Dewey Code: 349.73
  • ISBN: 9781572484535 1572484535 1423719549 9781423719540
  • OCLC: 567935946

Table of Contents

TABLE OF CONTENTS
SOURCES OF THE LAW
CHAPTER 1 THE FOUNDATION STONE – CONSTITUTIONAL
LAW 1
THE ARTICLES OF THE CONSTITUTION 3
THE BILL OF RIGHTS 6
THE FOURTEENTH AMENDMENT 8
OTHER AMENDMENTS 9
STATE CONSTITUTION 10
CHAPTER 2 THE BUILDING BLOCKS – STATUTORY LAW 12
PREEMPTION 12
CODES (FEDERAL &amp
STATE) 13
LOCAL CODES 16
CHAPTER 3 THE WINDOWS THAT HELP US SEE THE LAW –
CASE LAW 18
FEDERAL COURTS 18
COURT SYSTEM 21
CRIMINAL CASES 23
CIVIL CASES 23
STATE COURTS 25
CASE LAW 27
FEDERAL COURT DECISIONS 28
STATE COURT DECISIONS 30
THE STATUS OF THE COURT 32
CHAPTER 4 THE TRUSSES AND CROSSBEAMS THAT SUPPORT
THE SYSTEM – ADMINISTRATIVE LAW 36
RULE MAKING PROCESS 38
FEDERAL RULES OF PROCEDURE 41
CODE OF FEDERAL REGULATIONS (CFR) 42
STATE RULES 42
RULES FOR THE LEGAL PROFESSION 43
LEGAL ANALYSIS 43
CHECKLIST 44
OUR JUDICIAL SYSTEM
CHAPTER 5 LEGAL ACTIONS BETWEEN PRIVATE PARTIES –
CIVIL LITIGATION 46
CIVIL JUSTICE IN THE STATE COURT SYSTEM 46
DIVISIONS WITHIN A COURT 47
FILING SUIT 48
SERVING THE SUIT PAPERS 49
RESPONSE BY THE DEFENDANT 50
DISCOVERY 52
PRE-TRIAL AND TRIAL 53
VOIR DIRE 54
OPENING STATEMENT 54
PRESENTATION OF EVIDENCE 54
JURY INSTRUCTIONS 56
VERDICT 57
PROOF 57
POST TRIAL MOTIONS 58
APPEAL 58
COURT RULES 59
EVIDENCE 60
RULE ON WITNESSES 61
DIRECT EXAMINATION 62
CROSS EXAMINATION 63

IMPEACHMENT 64
COMPETENCY OF WITNESS 65
PRIVILEGES 66
BURDEN OF PROOF 68
PRESUMPTIONS 69
RELEVANCE 71
DIRECT AND CIRCUMSTANTIAL EVIDENCE 72
PHYSICAL EVIDENCE 72
HEARSAY 74
EXPERTS 75
CIVIL JUSTICE IN THE FEDERAL COURT SYSTEM 78
FEDERAL COURT JURISDICTION 78
DIVERSITY JURISDICTION 79
FEDERAL QUESTION JURISDICTION 80
PERSONAL JURISDICTION 80
STATE COURT VS. FEDERAL COURT 82
CHAPTER 6 LEGAL ACTION INVOLVING THE ENFORCEMENT
OF CRIMINAL STATUTES – CRIMINAL LAW AND PROCEDURE 85
CRIMINAL JUSTICE IN THE STATE COURT SYSTEM 85
CONSTITUTIONAL PROTECTIONS 85
EXCLUSIONARY RULE 88
CRIMINAL PROCEDURE 90
PROBABLE CAUSE 90
WARRANTS 92
MIRANDA RIGHTS 94
JUDICIAL REVIEW OF ARREST 96
PROSECUTORS 97
FIRST COURT APPEARANCE 98
PLEAS 98
PRE-TRIAL PROCEEDINGS 99
FELONIES – MISDEMEANORS 100
DISCOVERY 101
JURY TRIAL 101
RIGHT OF CONFRONTATION 104
STANDARD OF PROOF 105
SENTENCING 106
APPEAL 107
DOUBLE JEOPARDY 107
HABEAS CORPUS 108
CRIMINAL JUSTICE IN THE FEDERAL COURT SYSTEM 110
CHAPTER 7 LEGAL ACTIONS INVOLVING PERSONS UNDER
AGE – JUVENILE LAW 112
CHAPTER 8 TRAFFIC COURT 114
CHAPTER 9 WHAT TO EXPECT IF CALLED AS A JUROR 116
CHAPTER 10 WHAT TO EXPECT IF CALLED AS A WITNESS IN
A LEGAL ACTION 120
AREAS OF THE LAW THAT MOST OFTEN IMPACT YOUR LIFE
CHAPTER 11 LEGAL AGREEMENTS BETWEEN PARTIES –
CONTRACT LAW 123
OFFER AND ACCEPTANCE 123
CONSIDERATION 124
AUCTIONS 126
UNIFORM COMMERCIAL CODE (UCC) 127
STATUTE OF FRAUDS 128
OTHER DEFENSES TO CONTRACTS 130
INTERPRETATION OF CONTRACTS – PAROL EVIDENCE 133
CONDITIONS TO PERFORMANCE 134
PAYMENT OF ATTORNEYS FEES 135
MATERIAL BREACH 137
RECOVERABLE DAMAGES 139
LIQUIDATED DAMAGES 140
EQUITABLE RELIEF 140
CHECKLIST FOR CONTRACTS 141
CHAPTER 12 CIVIL WRONGS BETWEEN PRIVATE PARTIES –
TORTS 145
NEGLIGENCE 146
PREMISES LIABILITY 149
MOTOR VEHICLE ACCIDENT 153
PRODUCT LIABILITY 153
PROFESSIONAL LIABILITY 158
CHILDREN 160
ATTRACTIVE NUISANCE 161
RES IPSA LOQUITUR 161
STANDARD OF CARE 162
PROXIMATE CAUSE 164
STRICT LIABILITY 165
COMPARATIVE AND CONTRIBUTORY NEGLIGENCE 166
OTHER DEFENSES 167
IMMUNITIES 167
VICARIOUS LIABILITY 169
JOINT AND SEVERAL LIABILITY 171
INTENTIONAL TORTS 172
WRONGFUL DEATH ACTION 176
CHAPTER 13 FAMILY LAW – DOMESTIC RELATIONS 179
MARRIAGE 179
DIVORCE 180
FAULT – NO FAULT 181
ADULTERY 181
DESERTION – CRUELTY 181
ANNULMENT 182
CORROBORATION REQUIREMENT 182
DEFENSES 184
CUSTODY 185
CHANGE OF CUSTODY 188
ADOPTION 188
PATERNITY 189
CHILD SUPPORT 189
SPOUSAL SUPPORT 190
PROPERTY DIVISION 190
PRENUPTIAL AND PROPERTY SETTLEMENT AGREEMENTS 191
CHAPTER 14 CRIMES – CRIMINAL LAW 194
MURDER 195
PERSONAL CRIMES AND VICTIMLESS CRIMES 196
PROPERTY CRIMES 196
MENS REA (Intent) 198
TRANSFERRED INTENT 199
STRICT LIABILITY – VICARIOUS LIABILITY 199
ACTUS REUS (GuiltyAct) 200
ATTEMPTED CRIME 201
SOLICITATION 201
ACCESSORIES 201
CONSPIRACY 202
DEFENSES 203
CHAPTER 15 LANDLORD TENANT LAW 207
LEASES – CHECKLIST 209
CHAPTER 16 THE PASSING OF MONEY FROM GENERATION
TO GENERATION- ESTATE LAW 213
PROBATING A WILL 213
WILLS 215
EXECUTOR 217
TAXES 217
GUARDIANSHIP, POWER OF ATTORNEY, TRUST 221
LIVING WILL AND ADVANCE MEDICAL DIRECTIVE 223
CHAPTER 17 TAXES 225
CHAPTER 18 REAL ESTATE 233
REAL ESTATE CONTRACT – CHECKLIST 240
CHAPTER 19 BUSINESS ORGANIZATION 249
CHAPTER 20 BANKRUPTCY 255
CHAPTER 21 EMPLOYMENT 262
CHAPTER 22 WORKER'S COMPENSATION 272
CHAPTER 23 INSURANCE 282
CHAPTER 24 EMINENT DOMAIN AND ZONING 292
CHAPTER 25 LIENS 296
CONCLUSION 301

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  • Article Name: Law 101 : know your rights, understand your responsibilities, and avoid legal pitfalls
  • Author: Alexander Smyth
  • Description: Law 101 : know your rights, understand your responsibilities, and avoid legal pitfalls Law of America > Law of the United [...]

This entry was last updated: June 11, 2016

Brien A. Roche


Federal law. Common and collective state law Individual states


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