Legal System Contents in the United States

In contrast to many European systems, the American legal system has often been described as adversarial rather than inquisitorial in nature.

Legal Research in United States: a Guide for Lawyers

In a globalized world, lawyers outside United States may come into contact with American law, American lawyers or American clients, and the last would be better served when their lawyers have an understanding of the essential characteristics and aspects of the American legal system. Likewise, in researching American law, it is important for non- American lawyers not to limit their inquiry to their country sources. In addition, instead of looking for precedents, in United States lawyers browse first the provisions of the corresponding legislation for an appropriate legal principle applied to the case or American law problem.

Any serious legal issue involving United States must require consultation with a lawyer trained and licensed in United States. International materials and resources, like this Encyclopedia, however, may provide some familiarity with the basic concepts of the American law, a solid starting point and new perspectives and solutions that are not apparent, sometimes, from within a non- American legal tradition. Their study may help the non- American lawyer to determine the general nature of a problem, and can facilitate a better understanding with the American colleague who may be called in to assist.

The Legal System in Perspective

Law in Perspective

Origins of Law
Schools of Jurisprudence
Natural Law
Historical School
Utilitarianism
Analytical Jurisprudence
Sociological Jurisprudence
Legal Realism
Critical Legal Studies
Branches of Law
Functions of Law
Defining Relationships
Allocation of Authority in Society
Resolution of Conflict When It Arises
Redefine Relations of Individuals and Groups in Society
The Method of the Common Law
Board of Regents v. Southworth
Reading and Briefing Court Opinions

Legitimacy and the Limits of Authority

Legitimacy and Legalism as Ideology
Bush v. Gore and Legitimacy
Jurisdiction and Common Law Courts
Specialized Royal Courts
Court of Common Pleas
Court of King’s Bench
Exchequer of Pleas
Court of Chancery-Equity
Star Chamber Court
Impact of Royal Courts
Jurisdictional Questions
Compelling Court Appearances
Long Arm Statutes and Minimum Contacts
Ben & Jerry’s Homemade, Inc. v. Coronet Priscilla Ice Cream Corp.

Court Organization and Jurisdiction in the Federal System

State Courts
Federal Courts
Problems of Federalism
National Supremacy
McCulloch v. Maryland
Tenth and Eleventh Amendments
National Common Law
Erie R.R. Co. v. Tompkins
Full Faith and Credit Clause
Travelers Indemnity Company v. Lake
New Judicial Federalism
Power and Justice

Judicial Interpretation and Decision Making

Method of the Common Law
Lake v. Wal-Mart Stores, Inc.
Statutory Interpretation
Caminetti v. United States
Other Statutory Canons
Constitutional Interpretation
Interpretivism
Noninterpretivism
Consequence of the Debate
Saenz v. Roe
Empirical Theories of Decision-Making
Judicial Attitude Approach
Judicial Role Approach
Social Background Approach
Small Group and Strategic Interactions
Neo-Institutionalism
Empirical Theories in Perspective

Contrasting Legal Processes

Civil Suits for Money Damages

Legal Profession
Stratified Bar
Hiring a Lawyer
Kroff v. Larson
Pleadings, Answers, and Replies
Discovery
Pretrial Conference
Trial Phase of Litigation
Jury Selection
Opening Statements
Parties and the Burden of Proof
Rules of Evidence
Daubert v. Merrell Dow Pharmaceuticals, Inc.
Motion for a Non-Suit
Defendant’s Presentation
Plaintiff’s Rebuttal and Defendant’s Answer
Request for a Directed Verdict
Jury Summations
Judge’s Instructions to the Jury
Jury Deliberation and Verdict
Remedies in Civil Suits for Money Damages
Nominal Damages
Compensatory Damages
Exemplary Damages
Liquidated Damages
Comparing Compensatory and Exemplary Damages
Hampton v. Dillard’s Department Stores, Inc.
Post-Trial Motions
Appeal Phase of Litigation
Res Judicata
Enforcing Judgments

Equity Processes

Equitable Remedies
Pleadings, Answers, and Replies
Johnson v. North American Life & Casualty Co.
Discovery
Pretrial Conferences
Trial Phase of Litigation
Equitable Maxims
Finke v. Woodward
Judicial Decrees
Doe v. Anderson

Criminal Processes

Values and the Criminal System
Pleading Phase: Commencing Prosecution
Complaint
Information
Grand Jury Indictment
Arrest and Arraignment
Bail
Discovery in Criminal Cases
Trial Phase of Criminal Processes
Right to Counsel
Right to a Fair and Impartial Trial
Sheppard v. Maxwell
Right to a Jury Trial
Right to a Speedy and Public Trial
Privilege Against Self-Incrimination
Confrontation of Witnesses
Maryland v. Craig
Jury Selection
Case Presentation to the Jury
Final Arguments
Jury Instructions and Deliberations
Sentencing the Convicted
Appealing Convictions
Res Judicata Exception
Stone v. Powell
Juvenile Justice
Due Process Rights
Recent Trend in Juvenile Justice

Administrative Processes

Creating Administrative Agencies
Rule-Making
Constitutional Limitations
Congressional Delegation of Law-Making Power
Flue-Cured Tobacco Cooperative Stabilization Corp. v. United States
Environmental Protection Agency
Presidential Powers and Constraints
Information and Investigation
In re Gary Kohn v. Minnesota
Agency Hearings and Judicial Review
Jackson Mobilphone Co., Inc. v. Tennessee Public Svc. Commission

Alternative Dispute Resolution

Arbitration
Phases of Arbitration
Pick v. Discover Financial Services, Inc.
Mediation
Conciliation, Facilitation, and Mediation
Phases of Mediation
Ombuds Programs
Regulatory Negotiation
Court-Centered ADR
Private Trials
Summary Jury Trials
Court-Annexed Arbitration
Mini-Trial
Trends

Law Governing Conduct, Property, and Relations Among Individuals

Torts

What Is Tort Law?
Evolution of Modern American Tort Law
Intentional Torts
Battery
Cohen v. Smith
Assault
Cullison v. Medley
False Imprisonment
Taylor v. Gilmartin
Intentional Infliction of Emotional Distress
Blair v. LaFrance
Intentional Intrusions on Land
Trespass to Chattel and Conversion
CompuServe, Inc. vs. Cyber Promotions, Inc.
Defenses and Privileges
Negligence
The Interest Invaded
Negligent Conduct
Legal Cause of Damage
The Damaged Party’s Conduct
Product Liability
A New Era–The Restatement (Third) of Torts, Product Liability
Hudgens v. Interstate Battery
Tort Reform

Property

Roots of American Property Law
Interests in Real Property
Present Possessory Interests in Real Property
Methods of Joint or Concurrent Ownership
Premier Property Management, Inc. v. Chavez
Future Interests
Fixtures
In the Matter of: Albright
Personal Property
Finders of Property
Bailments, Thieves and Innocent Third Parties
Digital Barbarians at the Gate:
Copyrighted Property Under Siege
Entertainment Industry Reaction to Technology Advances
Federal Copyright Statutes
A&M Records, Inc. v. Napster, Inc.

Family Law

Marriage
Who May Marry?
Baehr v. Lewin
Common Law Marriage
In Re Estate of Wagner
Antenuptial (Premarital) Agreements
Ending a Marriage
Annulment
Divorce
Division of Property
O’Brien v. O’Brien
Spousal Support, Maintenance or Alimony
Children
Dependent Children of Divorcing Parents
Other Issues Involving Children
Children Born out of Wedlock
Adoption
Science and Family Law

Criminal Law

Criminal Law Roots
Sources of Police Power
The Requirement of an Act and State of Mind
Nevada v. Richard
Crimes Against Persons
Common Law Murder and Modern Variations
Swafford v. State
Rape
State v. Thompson
Battery and Assault
Crimes Against Property
Common Law Larceny
Robbery
Burglary
Theft
Receiving Stolen Property
Extortion or Blackmail
Victimless Crimes
Attempt Crimes
United States v. Hair
Conspiracy
Defenses
Insanity
Necessity and Duress
Entrapment
Infancy

Law Governing Conduct of Business

Contracts

Historical Evolution of Modern American Contract Law
Basic Elements of Contract Formation
Capacity
Shields v. Gross
Offers
Accepting Offers
Consideration
Whitten v. Greeley-Shaw
Oral and Written Contracts, and the Statute of Frauds
The Land Contract and One-Year Provisions
Acceptable Writings and Effect of Statute of Frauds Violations
Contract Interpretation
The Problem of Language and the Plain Meaning Rule
Rules of Interpretation
The Parol Evidence Rule
Grove v. Charbonneau Buick-Pontiac, Inc.
Contract Performance, Conditions, and Breach

Business and Government

Historical Perspective of Governmental Regulation of Business
Federal Power to Regulate Business
Taxing and Spending Power
Commerce Clause
Katzenbach v. McClung
Contracts Clause
Negotiable Instruments
Requirements of Negotiability
Effects of Negotiability
Holders in Due Course
Secured Transactions
Employment Discrimination
The Federal Discrimination Statutes
Oncale v. Sundowner Offshore Services, Inc.
Security Regulation
33 Act Offerings
34 Act Filings and Regulations
United States v. Falcone
Antitrust Law
Analysis of Allegations of Antitrust Violations
Specific Activities
Monopolies
The Debate Behind the Law
Other Examples of Governmental
Regulation of Business

Taxation

Federal Tax Authority
Administration of Tax Law
Uses of the Federal Tax System
Political Nature of Tax Legislation
Income Taxation of Individuals: The Tax Formula
Gross Income
Woody v. United States
Olk v. United States
Deductions
Taxable Income, Tax Rates, Filing
Status, and Tax Credits
Limitations and Two Vital Planning Concepts
Income Shifting and Capital Gains
Entities for Business Activities
Individual Proprietorships
Corporations
Partnerships and Limited Liability Companies

Conclusion about the Legal System of United States

A good comprehension of the American legal system requires knowledge and skill in a number of disciplines. The American system itself is the result of developments in law, economy, politics, sociological change and the theories which feed all these bodies of knowledge. The law or United States may be relevant in a foreign jurisdiction court proceeding involving international transactions. The knowledge of the American traditions and its legal institutions allows a good understanding of the American law, its institutions and processes and sets the American law and system in a social context.

This guide introduces some of the main procedural and substantive American principles, with a more detailed treatment of resources in the major subject areas of the American law, with access to primary materials.

The general reader and students may learn some basic legal concepts and principles of the American law, to explain how the American legal system operates, and to provide a sense of how the systems within United States have evolved historically in United States from its origins.

Legal System Contents