Full Description

Law 101 is an essential reference that explains:
—how laws are made
—how the court system works and
—how each area of the law impacts your daily life.

Key information for important questions:
—How does a lawsuit begin?
—What is the difference in civil and criminal law?
—When do state laws trump federal laws?
—What makes a contract solid?
—What can you expect if called as a juror?
—What can you expect if called as a witness?
—And other complex areas of the law that you need to know.

No home reference shelf is complete without this indispensable information.

Table of Contents

Preface

Section One: Where Our Laws Come From

Chapter 1: Constitutional Law
The U.S. Constitution is a Compact
The Articles of the Constitution
The Bill of Rights
The Fourteenth Amendment
Other Amendments
State Constitutions

Chapter 2: Statutory Law
Preemption
Codes
Local Codes

Chapter 3: Case Law
Federal Courts
Types of Cases
State Courts
Case Law
The Status of the Court

Chapter 4: Administrative Law
Rule Making Process -
Code of Federal Regulations-
State Rules
Rules for the Legal Profession
Legal Analysis -

Section Two: The Court System

Chapter 5: Civil Litigation
Civil Justice in the State Court System
Filing Suit
Serving the Suit Papers
Response by the Defendant
Discovery
Pretrial and Trial
Voir Dire
Opening Statement
Presentation of Evidence
Jury Instructions
Verdict
Posttrial Motions
Appeal
Court Rules -
Civil Justice in the Federal Court System
Personal Jurisdiction
State Court vs. Federal Court

Chapter 6: Criminal Law and Procedure
Constitutional Protections
Exclusionary Rule
Criminal Procedure
Probable Cause
Warrants
Miranda Rights -
Judicial Review of Arrests -
Prosecutors
First Court Appearance -
Pleas -
Pretrial Proceedings -
Felonies and Misdemeanors -
Discovery -
Privilege
Jury Trial -
Right of Confrontation -
Standard of Proof -
Sentencing -
Appeal -
Double Jeopardy -
Habeas Corpus -
Criminal Justice in the Federal Court System

Chapter 7: Criminal Law and Specific Crimes
Murder
Personal Crimes and Victimless Crimes
Property Crimes
Intent
Strict Liability and Vicarious Liability
Actus Reus
Attempted Crime
Solicitation
Accessories
Conspiracy
Defenses

Chapter 8: Juvenile Law
Teen Rights
Parental Responsibility

Chapter 9: What to Expect if Called as a Juror

Chapter 10: What to Expect if Called as a Witness

Section Three: Areas of the Law

Chapter 11: Contracts
Offer and Acceptance -
Consideration -
Auctions -
Uniform Commercial Code (UCC) -
Statute of Frauds -
Defenses to Contracts
Parol Evidence -
Conditions to Performance -
Payment of Attorney’s Fees -
Material Breach -
Other Contract Theories
Recoverable Damages -
Liquidated Damages -
Equitable Relief -
Checklist for Contracts
-
Chapter 12: Torts -
Negligence -
Motor Vehicle Accident -
Premises Liability
Product Liability -
Professional Liability -
Standard of Care -
Children -
Attractive Nuisance -
Res Ipsa Loquitur -
Vicarious Liability -
Strict Liability -
Intentional Torts -
Damages
Joint and Several Liability -
Comparative and Contributory Negligence -
Defenses -
Immunities -
Wrongful Death Actions -

Chapter 13: Domestic Relations
Marriage -
Annulment -
Divorce -
Grounds
Corroboration Requirement -
Defenses -
Custody -
Change of Custody -
Adoption and Paternity -
Child Support -
Spousal Support -
Property Division -
Prenuptial and Property Settlement Agreements
-
Chapter 14: Landlord/Tenant Rights
Leases -

Chapter 15: Estates and Probate
Probating a Will -
Executor -
Taxes -
Guardianship, Power of Attorney, and Trust -
Living Will and Advance Medical Directive -

Chapter 16: Taxes
Federal Taxes
State Taxes
IRS

Chapter 17: Real Estate
Determining Title
Adverse Possession
Real Estate Contracts -

Chapter 18: Business Organization
Sole Proprietorships
Partnerships
Corporations
Limited Liability Companies and
Limited Liability Partnerships

Chapter 19: Bankruptcy
Chapter 7
Chapter 11
Chapter 13

Chapter 20: Employment
Discrimination
Federal Laws
At-Will Employment
Overtime and Minimum Wage
Unemployment
Severance and Lay-offs

Chapter 21: Workers’ Compensation
Claims
Benefits
Complex Injuries
Third Party Claims
Second Injury Fund and Uninsured Employer Fund

Chapter 22: Insurance
Automobile Insurance
Life Insurance
Health Insurance
Homeowners Insurance
Malpractice Insurance
Insurance Agents

Chapter 23: Eminent Domain and Zoning
Zoning

Chapter 24: Liens
Mechanic’s Lien
Garagekeeper’s Lien
Innkeeper’s Lien
Domestic Relation’s Lien
Attorney’s Lien
Tax Lien
Secured Transaction

Conclusion

Glossary

Index

About the Author

Excerpt

Inside the Juvenile Justice System

Excerpted from Law 101 by Brien A. Roche, Attorney at Law ©2004

Juvenile Court is sometimes referred to by lawyers and law enforcement officers as Kiddie Court. The Juvenile Court in some jurisdictions, however, can be more than simply what the name may imply. In some jurisdictions, it may actually be a type of
Family Court wherein all different types of family disputes may be resolved. This chapter will not deal with family law issues, but rather simply deal with issues of juvenile justice.

The logic behind the juvenile court system in the United States is that because juveniles are underage, they should be dealt with in a different fashion than adults. In many jurisdictions, juvenile offenses are not even referred to as criminal offenses. Juvenile records in most jurisdictions are strictly confidential and are not subject to public access either by means of subpoena or other inquiry. As such, a juvenile arrested and processed through the Juvenile Court does not have to report that offense on a job application or other type of inquiry unless directly asked about it since the inquiry itself is not going to be subject to any public confirmation.

Proceedings in Juvenile Court are all conducted by a judge with no jury present. For certain types of offenses, however, a juvenile may be transferred to the adult system and may be tried as an adult with all the consequences that might apply to an adult. (That type of treatment is generally reserved for more serious offenses.)

An offense in Juvenile Court is generally handled in a somewhat informal fashion. There may be a prosecutor present in Juvenile Court. That prosecutor represents the interest of the government or the victim. The prosecutor may present evidence in front of the judge who then hears from the defense and renders a decision. That decision normally consists of a finding of whether the juvenile is involved and if so there may be some punishment imposed. That punishment may consist simply of a monetary fine, performing some community service, or for more extreme circumstances, confinement to a juvenile home for a period of time.

The thrust of the juvenile court system is to be instructive and rehabilitative—to instruct the juvenile as to the error of his or her ways and to assist him or her with rehabilitation. That is dramatically different from the thrust of the adult court system, which may have an element of rehabilitation about it, but is more oriented toward a finding of guilt or innocence and then punishing the guilty.

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