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Introduction to U.S. Law and Legal Research

Dana Neacsu

ISBN13: 9781571053541

ISBN: 1571053549

Published: July 2005

Publisher: Brill Academic Publishers

Country of Publication: USA

Format: Hardback

Price: £95.00

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Whether studying American law outside the United States or intending to enroll in a graduate program in the United States, for an LL.M., it is necessary to become aware of the major differences that exist between the U.S. legal system and other systems of law. This book helps a student bridge that gap and quickly grasp a solid introductory foundation of American law and legal research techniques that will easily permit focus on the legal field of their choice.

Features and Benefits

Major differences and similarities between the US common law system and the civil law system
Clear, straightforward commentary of legal resources
Analyzes in-print and online repositories of law
Defines basic principles of legal research

Subjects:: Legal Skills and Method

Contents:: Glossary of Terms;Introduction;Chapter 1: A Dynamic Legal System Shaped by Long-LastingPrinciples;A. Introduction;B. American Law has Both an Abstract and a Concrete Facet;C. Individual Norms Are Open to Change;D. Legal Norms Are Open to Judicial and Congressional Scrutiny;1. Judicial and Congressional Review of Statutory Rules;2. Judicial and Congressional Review of Court Decisions;3. Judicial Review of Administrative Decisions;E. The Abstract Facet of American Law Is Similar to that of Any Domestic Legal System;Chapter 2: The U.S. Legal System and Its Lawmaking Institutions;A. The U.S. Legal System—A Common Law System;B. The Lawmaking Branches of the Government;1. Federal and State Legislatures;2. Federal and State Courts;3. The Executive Branch. Independent Administrative Agencies;C. Conclusion;Appendix 1: The Structure of the Federal Judiciary;Appendix 2: The Structure of the N.Y. State Judiciary;Chapter 3: Basic Principles of Legal Research;A. Introduction;B. Defining the Role of Primary Sources;C. Defining the Role of Secondary Sources;1. Before You Research, Make Sure that You Understand the Terminology;2. Before You Research, Make Sure that You Understand the Citation;D. Identifying Secondary Sources;1. Treatises and Other Legal Monographs;2. Law Review Articles;E. Finding Specific Secondary Sources;1. Treatises;2. Law Review Articles;3. Articles on Legal Topics on the World Wide Web;F. Finding Repositories of Primary Sources: Research Techniques;1. Locating the Federal Constitution;2. Locating Repositories of Federal Statutory Law;3. Locating Court Reporters: Repositories of Court Opinions;4. Locating Repositories of Administrative Rules, Regulations, and Decisions;G. Identifying Specific Primary Sources Within Specific Legal Repositories;1. FindLaw;2. LexisOne;H. Completing Your Research;Chapter 4: Statutory Law: What It Is, Where It Is, and How You Find It;A. Introduction;B. The Legislative Process and Its Constitutional Boundaries;C. The Legislative Process. Brief Review;D. Identifying the Sources of Statutory Law;1. The Constitution of the United States;2. Federal Statutes;3. State Statutes;4. Municipal Ordinances;E. Applying Legislation: Interpreting Statutes;1. The “Plain Meaning Rule”;2. Interpreting Statutes in Light of Their Legislative History;3. The Purposive Analysis: The “Social Purpose” Rule;F. Repositories of Statutory Law;1. The Constitution of the United States;2. Federal Statutes;3. State Statutes;4. Municipal Ordinances;G. How to Locate Specific Primary Sources of Statutory Law;H. Completing Your Research: The U.S. Legal System—A System of Ever-Evolving Statutory Law;Chapter 5: Case Law: What It Is, Where It Is, and How You Find It;A. Court Opinions: the End Result of a Lawsuit;1. The Pleading Stage;2. The Discovery Stage;3. The Trial Stage;4. The Verdict;5. The Appeal Stage;B. Case Law—The Principle of Stare Decisis;1. How the Principle of Stare Decisis Works. Finding the Decision;Within a Court Opinion;2. How Does the Principle of Stare Decisis Work?;3. Problems with Stare Decisis;C. Repositories of Decisional Law or Case Law;D. How to Locate Specific Primary Sources of Case Law;E. Completing Your Research: The U.S. Legal System—A System of Ever-Evolving Case Law;Appendix: The Geographic Map of the Federal Circuits;Chapter 6: Administrative Law: What It Is, Where It Is, and How YouFind It;A. Introduction;B. Administrative Rulemaking or Rule Promulgation;C. Administrative Adjudication;D. Repositories of Administrative Law;E. How to Locate Specific Primary Sources of Administrative Law;F. Completing Your Research: The U.S. Legal System—A System ofEver-Evolving Administrative Law;Conclusion;Index;