American Law And The American Legal System In A Nutshell
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American Law and Legal Systems
American Law and Legal Systems examines the philosophy of law within a political, social, and economic framework with great clarity and insight. Readers are introduced 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. This new edition provides essential updates to forensic and scientific evidence, contract law, family law, and includes new text boxes and tables to help students understand, remember, and apply central concepts.
American Legal Systems
This book provides an overview of American legal institutions and sources of law, and presents a guide to the interrelationships between and among those institutions and legal authorities. It discusses the defining role of the doctrine of stare decisisin the American common law system and the critical judicial review function. In addition, "American Legal Systems" shows the reader how to determine and apply the relative priorities of sources of law, all in the context of the legislative process, agency action, and principles of constitutional and legislative supremacy. "American Legal Systems" ties many of these concepts to the realities of law practice. Portions of the book demonstrate how to locate specific resources, use legal terms, and prepare commonplace legal documents. Among the main virtues of the book is its "reader-friendliness." It introduces readers to some extremely complicated issues of American jurisprudence in a clear and straightforward way.
The Lawyer-Judge Bias in the American Legal System
Author: Benjamin H. Barton
language: en
Publisher: Cambridge University Press
Release Date: 2010-12-31
Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.