Law 101 : everything you need to know about the american legal system / Jay M. Feinman

Includes indexes

Preface; 1 There Are No Secret Books: You Can Understand the Law; 2 Constitutional Law and Constitutional Politics: Interpreting and Applying the Constitution; What is constitutional law?; Why do we need constitutional law?; How does the Supreme Court decide what the Constitution means?; Where does the Supreme Court get the authority to interpret the Constitution?; What powers does constitutional law give to the rest of the federal government?; What powers do the states have under constitutional law?; 3 First Freedoms: Constitutional Rights. What rights does constitutional law protect?What is due process?; Does constitutional law require that everyone be treated equally?; How does the Constitution protect freedom of speech?; How does the Constitution protect freedom of religion?; What other rights are protected by the Constitution?; 4 Your Day in Court: The Litigation Process; What is civil procedure?; Why do we need civil litigation and civil procedure?; Where do court cases come from?; Where can a lawsuit be brought?; When can you make a federal case out of it? If you can sue in different places, what law will apply in each place?How does a lawsuit begin?; What can the defendant do to respond to a lawsuit?; What if there are more than two parties to a lawsuit?; What if there are many parties to a lawsuit?; How do the parties discover the facts about their case?; What else happens before the trial?; What happens at trial?; What evidence can be presented at trial?; What about the jury?; What happens after trial?; 5 Auto Accidents, Scalding Coffee, and Medical Malpractice: Personal Injuries and Tort Law; What is tort law?; Why do we need tort law? Is it a tort when you hit someone?Is it a tort when you injure someone by not being careful?; What does the law mean by reasonable care?; How does a plaintiff prove that a defendant has been negligent?; What if the victim is partly at fault for an accident?; Suppose someone does not intend to injure someone else and acts with reasonable care. Can he or she still be liable in tort?; When is a manufacturer liable for injuries caused by its products?; What damages can a plaintiff get in a tort case?; When are damages awarded to punish the defendant? 6 When Is a Deal a Deal? Businesses, Consumers, and Contract LawWhat is contract law?; Why do we need contract law?; What is a contract?; How do you make a contract?; Does a contract have to be in writing to be enforceable?; Can anyone make a contract?; Once two people make an agreement, is it always enforceable?; If a contract is unfair, can a court refuse to enforce it?; Once you make a contract, can you ever get out of it?; What happens if one party's performance depends upon something happening and it doesn't happen?; Will a court order someone to perform a contract?

Contains various Supreme Court cases through July 2005 and includes material on President's war powers, intellectual property, state constitutional law, standard for contracts and eminent domain. Featuring anecdotes and references, this edition provides a map of the American legal system