Law in the United StatesLaw in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order. |
Contents
| 27 | |
Section 2 | 42 |
Section 3 | 47 |
Section 4 | 71 |
Section 5 | 83 |
Section 6 | 103 |
Section 7 | 104 |
Section 8 | 108 |
Section 16 | 170 |
Section 17 | 187 |
Section 18 | 206 |
Section 19 | 222 |
Section 20 | 226 |
Section 21 | 231 |
Section 22 | 233 |
Section 23 | 237 |
Section 9 | 134 |
Section 10 | 137 |
Section 11 | 138 |
Section 12 | 140 |
Section 13 | 152 |
Section 14 | 154 |
Section 15 | 162 |
Section 24 | 249 |
Section 25 | 261 |
Section 26 | 262 |
Section 27 | 263 |
Section 28 | 268 |
Section 29 | 273 |
Section 30 | 274 |
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Common terms and phrases
Amendment American courts American law American legal appeal apply areas authority choice of law civil law civil procedure claim class action Clause Commerce Clause common law Congress considered contract crimes defendant defendant’s diversity jurisdiction doctrine of consideration economic effect English European evidence fact federal courts federal government federal law Feneff foreign Fourteenth Amendment German important injuries institutions interest interstate commerce issues judges judgment judicial decisions judiciary jurists jurors jury trial law schools lawyers legal education legal order legal system legal unity legislation legislature litigation loss of consortium mailbox rule matter ment nineteenth parents particular parties plaintiffs political practice pretrial private law problem proceedings promise prosecution question reason recognition and enforcement regulation respect Restatement result role rules and principles social stare decisis statute tion twentieth century U.S. Constitution U.S. Supreme Court unenforceable Uniform Commercial Code United
Popular passages
Page 12 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 145 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably...
Page 128 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 126 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 234 - When there is no such directive, the factors relevant to the choice of the applicable rule of law include (a) the needs of the interstate and international systems, (b) the relevant policies of the forum, (c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue, (d) the protection of justified expectations, (e) the basic policies underlying the particular field of law, (f) certainty, predictability and uniformity...
Page 84 - A promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.
Page 151 - Notwithstanding the deference each branch must accord the others, the "judicial power of the United States" vested in the federal courts by Art. Ill, § 1 of the Constitution can no more be shared with the Executive Branch than the Chief Executive, for example, can share with the Judiciary the veto power, or the Congress share with the Judiciary the power to override a presidential veto. Any other conclusion would be contrary to the basic concept of separation of powers and the checks and balances...
Page 242 - ... due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend "traditional notions of fair play and substantial justice.
Page 127 - The fallacy underlying the rule declared in Swift v. Tyson is made clear by Mr. Justice Holmes. The doctrine rests upon the assumption that there is "a transcendental body of law outside of any particular State but obligatory within it unless and until changed by statute...
Page 104 - The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following.
References to this book
Gesetzesauslegung in den USA und in Deutschland: historische Entwicklung ... Patrick Melin No preview available - 2005 |