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Demystifying the Law


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Table of Contents

PART I: THE AMERICAN LEGAL SYSTEM. The Role of Law in Society. SOURCES OF AMERICAN LAW. The Constitution. Treaties. Statutes. Court Decisions. THE STRUCTURE OF THE COURT SYSTEM. Courts of Limited Jurisdiction. Courts of General Jurisdiction. Appellate Courts. Intermediate Appellate Courts. The Ultimate Authorities. Federal Jurisdiction. Law and Equity. THE COMMON LAW (ANGLO-SAXON) SYSTEM OF LAW. Stare Decisis-Following the Precedents. Res Judicata-When It's Over, It's Over. The Civil Law or Continental System. Malum in se-Inherent Evils. Malum Prohibitum-Prohibited Evils. PART II: ADMINISTRATIVE LAW AND JUDICIAL REVIEW. QUASI-LEGISLATIVE ACTIVITIES. Informal Rulemaking-Notice and Comment. Hybrid Rulemaking. External Petitions. The Code of Federal Regulations. The Preference for the Status Quo. QUASI-JUDICIAL ACTIVITIES. Professional Licensing and Regulation. JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. SOME TECHNICAL HOOPS AND HURDLES. Jurisdiction. Justiciability. Standing. Right of Action. Ripeness. Summary. SOME ADDITIONAL TECHNICALITIES. Statute of Limitations. Sovereign Immunity. PART III: SOME SPECIFIC LEGAL ISSUES. CIVIL PROCEDURE. Complaint. Answer. Counterclaims, Cross-Claims, Third Party Claims and Class Actions. Discovery. Motion Practice Before Trial. Motions During and After Trial. SPECIAL ISSUES IN EQUITY. Temporary Restraining Orders. Preliminary Injunction. Injunction. Laches. SOME CRIMINAL LAW CONCEPTS. Evil Mind. Evil Act. The Body of the Crime. Scienter. BURDEN OF PROOF. Burden of Persuasion. Burden of Going Forward. Presumptions. THE REASONABLE PERSON. EVIDENTIARY PRIVILEGES. Self-Incrimination. Attorney-Client Privilege. Physician-Patient Privilege. Other Privileges. TORTS. Duty. Breach of Duty. Injury. Cause. Personal Injury Actions. Nuisance and Trespass. Other Torts. CONTRACTS. Meeting of the Minds. Statute of Frauds. Merger Clauses. Contracts of Adhesion. Warranties. Breach of Contract. Specific Performance. INSURANCE. Interpretation

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