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The American Common Law Method

The American Common Law Method PDF Author: Richard Cappalli
Publisher: BRILL
ISBN: 9004638806
Category : Law
Languages : en
Pages : 387

Book Description
There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.

The American Common Law Method

The American Common Law Method PDF Author: Richard Cappalli
Publisher: BRILL
ISBN: 9004638806
Category : Law
Languages : en
Pages : 387

Book Description
There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.

The American Common Law Method

The American Common Law Method PDF Author: Richard B. Cappalli
Publisher: Brill Nijhoff
ISBN:
Category : Law
Languages : en
Pages : 400

Book Description
There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.

Imagining the Law

Imagining the Law PDF Author: Norman F. Cantor
Publisher:
ISBN:
Category : History
Languages : en
Pages : 440

Book Description
At a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Justinian in the ancient world, through Glanville and Bracton in the Middle Ages, to Coke, Blackstone and Bentham in later centuries. A concluding chapter relates the social and cultural history of common law to the American system of Supreme Court Justices John Marshall and Oliver Wendell Holmes and to the legal profession in the United States today. "Imagining the Law" is authoritatively based on the extensive amount of recent research and writing in the field of legal history, and on Professor Cantor's reading of thousands of court cases. It is the first book to examine legal history in a cultural and sociological context and thus illuminates one of our most important institutions in a whole new way.

The Creation of American Common Law, 1850–1880

The Creation of American Common Law, 1850–1880 PDF Author: Howard Schweber
Publisher: Cambridge University Press
ISBN: 9781139449946
Category : Political Science
Languages : en
Pages : 314

Book Description
This book is a comparative study of the American legal development in the mid-nineteenth century. Focusing on Illinois and Virginia, supported by observations from six additional states, the book traces the crucial formative moment in the development of an American system of common law in northern and southern courts. The process of legal development, and the form the basic analytical categories of American law came to have, are explained as the products of different responses to the challenge of new industrial technologies, particularly railroads. The nature of those responses was dictated by the ideologies that accompanied the social, political, and economic orders of the two regions. American common law, ultimately, is found to express an emerging model of citizenship, appropriate to modern conditions. As a result, the process of legal development provides an illuminating perspective on the character of American political thought in a formative period of the nation.

American Law in a Global Context

American Law in a Global Context PDF Author: George P. Fletcher
Publisher: Oxford University Press, USA
ISBN: 0195167236
Category : Law
Languages : en
Pages : 695

Book Description
Resource added for the Paralegal program 101101.

The Common Law

The Common Law PDF Author: Oliver Wendell Holmes
Publisher: DigiCat
ISBN:
Category : Law
Languages : en
Pages : 338

Book Description
DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.

Fundamentals of U.S. Law

Fundamentals of U.S. Law PDF Author: William Fernholz
Publisher: Aspen Publishing
ISBN: 1543829554
Category : Law
Languages : en
Pages : 642

Book Description
Fundamentals of U.S. Law by Fernholz and Collova introduces LLM students to the common law method of case analysis through concentrated study of topics in Tort and Constitutional Law. Fundamentals of U.S. Law teaches the “how” of legal practice in the United States. Students learn how to read cases, synthesize rules from reasoning, apply those rules to novel situations, and predict how the law may develop. The authors, two experienced lawyering skills instructors, use a half dozen fascinating and controversial topics to teach the signature skill of the common-law case method. Highlights of the First Edition: LLM students are bright, motivated, legally sophisticated, and ready to succeed. Fundamentals of U.S. Law plays to their strengths and mitigates their weaknesses. The textbook starts with a very short introduction to the legal system in the United States, followed by a discussion of one example of state common-law development. The rest of the textbook presents a set of interlinked topics of American constitutional law, all of which are likely to immediately engage student interest. No boring topics allowed. Students learn how courts use their decisions to create new law, the hallmark of common-law case development. Students also learn the fundamental skills of case analysis, including rule identification, rule synthesis, and application of the rule to novel facts. Students learn to apply these skills in American-style law school examinations. Professors and students will benefit from: Lightly-edited cases in topics most likely to interest lawyers educated outside of the United States Extensive introductions before each case, placing the case in historical and legal context and indicating those issues the student should consider while reading the case Extensive editorial notes in the initial cases to help students read cases more efficiently and effectively Notes that particularly focus on developing the skills of common-law case analysis Sample exam questions at or near the end of each chapter

The American Legal System for Foreign Lawyers

The American Legal System for Foreign Lawyers PDF Author: Eldon Reiley
Publisher: Aspen Publishing
ISBN: 1454823909
Category : Law
Languages : en
Pages : 626

Book Description
Heavily classroom-tested by the authors and other instructors, this powerful teaching tool puts an emphasis on vocabulary and solid learning aids to introduce the American legal system to foreign law students. Focusing on constitutional law, the authors provide in-depth coverage of major issues such as the health care mandate, Arizona immigration law, the Defense of Marriage Act, affirmative action, the Supreme Court citation on international authority and more. The American Legal System for Foreign Lawyers uses contract law to show the continued development of common law and considers the role and function of judges, characterizing the differences between common and civil law. Other important issues are highlighted such as the differences between judicial review of legislation under constitutional challenge, judicial interpretation of statutes, and judicial development and application of common law contract and property law principles. Interesting cases and solid case-reading coverage combine with tables, graphical material, and glossaries to help students grasp United States law. Features of The American Legal System for Foreign Lawyers: Heavily class-room tested by the authors and other instructors In-depth coverage of major issues Health Care Mandate Arizona immigration law Defense of Marriage Act Absorption of the Second Amendment Affirmative Action Supreme Court citation on international authority Uses contract law to show continued development of common law Considers the role and function of judges, characterizing the differences between common and civil law Highlights important differences judicial review of legislation under constitutional challenge judicial interpretation of statutes judicial development and application of common law contract and property law principles Teaching and learning aids tables charts and graphical materials chapter and whole book glossaries Interesting cases and coverage of case-reading

The Spirit of the Common Law

The Spirit of the Common Law PDF Author: Roscoe Pound
Publisher:
ISBN:
Category : History
Languages : en
Pages : 256

Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Law, Courts, and Justice in America

Law, Courts, and Justice in America PDF Author: Howard Abadinsky
Publisher: Waveland Press
ISBN: 1478645946
Category : Social Science
Languages : en
Pages : 425

Book Description
The eighth edition offers an updated and streamlined examination of the American system of law, courts, and justice. Part I (Law) reviews the history of courts and justice, common law and civil law systems, as well as law schools and legal education. Part II (Courts) discusses lawyers and the practice of law; unravels the structure and administration of federal and state court systems; delineates the appellate process, the Supreme Court, and judicial review; and describes the roles of judges, prosecutors, and criminal defense attorneys. Part III (Justice) demystifies the criminal justice process, negotiated justice, civil justice, juvenile justice, and alternative forms of justice. Throughout the book, landmark cases, important historical events, illustrative examples, and boxed items highlight or expand chapter content. Each of the twelve chapters concludes with an extensive summary, a list of key terms, and review questions. There is also a glossary that provides a summary of important terms.