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"I'll sue you!" In America's litigious society, everyone needs €to know a few basics to avoid being snowed, cowed and generally abused. Even those who can afford to hire lawyers need to know what they are up to. This introduction to legal doctrines is a good first step if you want to file suit or help prepare your own legal defenses. When a conflict arises, what are the main doctrines of law that give one side an advantage? What do they mean, and how do they apply? When you can see through the legal jargon, the intimidation factor loses its power and you can concentrate on real issues and use these tools to take care of yourself. Some of America's doctrines go back to the 17th-century English Bench and have had a lasting impact on our legal system. Other doctrines are of more recent vintage but have had an equally profound influence. The author has researched 1,000 legal cases and identified 326 different doctrines of law; of those, he has selected 25 doctrines that average Americans are most likely to encounter in everyday €activities. In these pages he reviews actual cases to show how the doctrines apply in real-life scenarios and relates what happened in court. These non-jargon explanations of legal scenarios provide handy background reading for fans of court-room dramas and, since any one of us may end up in court these days, important general education for every adult in the United States. The 25 doctrines discussed are: 1. Res Ipsa Loquitur 2. Promissory Estoppel 3. Respondeat Superior 4. €Doctrine of Sudden Danger 5. Rescue Doctrine 6. Doctrine of Comparative Negligence 7. Doctrine of Unjust Enrichment 8. €Doctrine of Unclean Hands 9. Doctrine of Unconscionability 10. Fruit of the Poisonous Tree Doctrine 11. Attractive Nuisance Doctrine 12. €Doctrine of Mitigated Damages 13. Quantum Meruit Doctrine 14. €Doctrine of Sovereign Immunity 15. Doctrine of Absolute €Immunity 16. Doctrine of Qualified Immunity 17. Last Clear Chance Doctrine 18. €Open and Obvious Danger Doctrine 19. Assumption of Risk Doctrine 20. €Public Duty Doctrine 21. Statute of Limitations 22. Equitable Estoppel 23. Res Judicata 24. Collateral Estoppel 25. Stare Decisis As an accessible point of introduction for those interested in the U.S. legal system, this book is suitable as a popular reference work for public libraries, auxiliary reading for business-school courses, a starting place for anyone caught in a legal conflict, and handy background reading for fans of court-room drama novels and T.V.
Natural Law: Morality and Obedience This short opus is part of a collection of a larger body of work, which are dedicated to the subject of law or legal obligation. This installment focuses on natural law. The goal here is to elucidate the essentiality of citizen obedience. Another goal here is to make the case that, while in theory the notion of natural law seems to contradict the concept known as positive law, when it comes to legal obligation (in practice of course), any distinction, if it were to exist at all, is negligible. This text examines the degree to which natural law (as presently understood) could explicate the reason people may feel obligated to obey laws. The book further explores the rationale for legal obedience in terms of morality and reason. It examines popular legal precepts, notably positive law and other doctrines related to natural law. The arguments echoed throughout the text are unique. But it is important to point out that a full appreciation of the notion of Natural Law may require some anterior understanding about the concept of Legal Theory. I encourage you to keep a positive outlook as you navigate the manuscript.
This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.
In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing