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The American Common Law Method
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Book Synopsis The American Common Law Method by : Richard Cappalli
Download or read book The American Common Law Method written by Richard Cappalli and published by BRILL. This book was released on 2023-07-24 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.
Book Synopsis The American Common Law Method by : Richard B. Cappalli
Download or read book The American Common Law Method written by Richard B. Cappalli and published by Brill Nijhoff. This book was released on 1997 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been many introductory texts on the common law over the years, but among the more recent Professor Cappalli's The American Common Law Method has been most widely praised. It focuses on the system of judicial precedent, recognized as one of the great achievements of Anglo-American genius, and especially on its development in American jurisprudence since Holmes and Cardozo. It comprehensively details both the theory underlying case law and the methodology and thinking employed by American judges in applying that theory to specific fact-patterns. Special classroom adoption prices are available. Published under the Transnational Publishers imprint.
Book Synopsis Imagining the Law by : Norman F. Cantor
Download or read book Imagining the Law written by Norman F. Cantor and published by . This book was released on 1997 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when the role of the legal profession, the jury system and other key aspects of American law are under much dispute, "Imagining the Law" provides a historical perspective on these critical public issues. Historian Norman Cantor explains how and why common law developed out of Roman law, in response to the needs and assumptions of English society and culture from 1000 to 1780, and how it became the basis of the American legal system. Professor Cantor shows that many of the current debates about the jury trial, the adversarial model and other parts of our legal system stem from this history. He highlights the minds and personalities of prominent judicial leaders, from Cicero and Justinian in the ancient world, through Glanville and Bracton in the Middle Ages, to Coke, Blackstone and Bentham in later centuries. A concluding chapter relates the social and cultural history of common law to the American system of Supreme Court Justices John Marshall and Oliver Wendell Holmes and to the legal profession in the United States today. "Imagining the Law" is authoritatively based on the extensive amount of recent research and writing in the field of legal history, and on Professor Cantor's reading of thousands of court cases. It is the first book to examine legal history in a cultural and sociological context and thus illuminates one of our most important institutions in a whole new way.
Book Synopsis Fundamentals of U.S. Law by : William Fernholz
Download or read book Fundamentals of U.S. Law written by William Fernholz and published by Aspen Publishing. This book was released on 2022-01-31 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamentals of U.S. Law by Fernholz and Collova introduces LLM students to the common law method of case analysis through concentrated study of topics in Tort and Constitutional Law. Fundamentals of U.S. Law teaches the “how” of legal practice in the United States. Students learn how to read cases, synthesize rules from reasoning, apply those rules to novel situations, and predict how the law may develop. The authors, two experienced lawyering skills instructors, use a half dozen fascinating and controversial topics to teach the signature skill of the common-law case method. Highlights of the First Edition: LLM students are bright, motivated, legally sophisticated, and ready to succeed. Fundamentals of U.S. Law plays to their strengths and mitigates their weaknesses. The textbook starts with a very short introduction to the legal system in the United States, followed by a discussion of one example of state common-law development. The rest of the textbook presents a set of interlinked topics of American constitutional law, all of which are likely to immediately engage student interest. No boring topics allowed. Students learn how courts use their decisions to create new law, the hallmark of common-law case development. Students also learn the fundamental skills of case analysis, including rule identification, rule synthesis, and application of the rule to novel facts. Students learn to apply these skills in American-style law school examinations. Professors and students will benefit from: Lightly-edited cases in topics most likely to interest lawyers educated outside of the United States Extensive introductions before each case, placing the case in historical and legal context and indicating those issues the student should consider while reading the case Extensive editorial notes in the initial cases to help students read cases more efficiently and effectively Notes that particularly focus on developing the skills of common-law case analysis Sample exam questions at or near the end of each chapter
Book Synopsis The Common Law by : Oliver Wendell Holmes
Download or read book The Common Law written by Oliver Wendell Holmes and published by DigiCat. This book was released on 2022-09-15 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: DigiCat Publishing presents to you this special edition of "The Common Law" by Oliver Wendell Holmes. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.
Book Synopsis American Law in a Global Context: The Basics by : George P. Fletcher
Download or read book American Law in a Global Context: The Basics written by George P. Fletcher and published by Oxford University Press, USA. This book was released on 2005-01-06 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whatever your background, if you seek an understanding of the legal system of the United States, this is the book for you. American Law in a Global Context is an elegant and erudite introduction to the American legal system from a global perspective. It covers the law and lawyering tools taught in the first year of law school, explaining the underlying concepts and techniques of the common law used in U.S. legal practice. The ideas central to the development and practice of American law, as well as constitutional law, contracts, property, criminal law, and courtroom procedure, are all presented in their historical and intellectual contexts, accessible to the novice but with insight that will inform the expert. Actual cases illuminate each major subject, engaging readers in the legal process and the arguments between real people that make American law an ever-evolving system. George P. Fletcher and Steve Sheppard's exciting approach contrasts the American legal system with other legal systems, especially those of continental Europe. This comparison illuminates the core concepts of US law, making them easily understandable to readers from other systems, and offering a unique perspective on American law as part of global network of laws. Designed to help the foreign student grasp the basic ideas of pedagogy, legal institutions, and substantive law in the US, appendices include an introduction to the common law method, instruction on how to read a case, and the interpretation of statutes. Based on the course for lawyers from across the globe studying American law at Columbia University, this cutting edge volume makes the basics of American legal education accessible to students and the public worldwide. A must-own reference source for LLM students, undergraduates, and students of US law in other countries.
Book Synopsis Common-law Liberty by : James Reist Stoner
Download or read book Common-law Liberty written by James Reist Stoner and published by . This book was released on 2003 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an ere as morally confused as ours, Stoner argues, we at least ought to know what we've abandoned or suppressed in the name of judicial activism and the modern rights-oriented Constitution. Having lost our way, perhaps the common law, in its original sense, provides a way back, a viable alternative to the debilitating relativism of our current age.
Book Synopsis An Introduction to the Legal System of the United States, Fourth Edition by : E. Allan Farnsworth
Download or read book An Introduction to the Legal System of the United States, Fourth Edition written by E. Allan Farnsworth and published by Oxford University Press. This book was released on 2010-07-16 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. An Introduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.
Book Synopsis An Introduction to the Anglo-American Legal System by : Edgar Bodenheimer
Download or read book An Introduction to the Anglo-American Legal System written by Edgar Bodenheimer and published by West Academic Publishing. This book was released on 2004 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors have retained most of the original text with revisions to reflect new developments, while adding edited reports of many new cases. The new cases emphasize recent decisions of the United States Supreme Court, but also include an eclectic group of decisions by state appellate courts. Instructors who wish to introduce students to the case method of legal analysis will find they have ample resources to do so; instructors who wish to emphasize textual description of the key features of the Anglo-American legal system will find all the necessary materials still at hand, and may pretermit the illustrative cases as they see fit.
Book Synopsis Common Law – Civil Law by : Nicoletta Bersier
Download or read book Common Law – Civil Law written by Nicoletta Bersier and published by Springer Nature. This book was released on 2022-01-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.
Book Synopsis American Law and Procedure by : James De Witt Andrews
Download or read book American Law and Procedure written by James De Witt Andrews and published by . This book was released on 1910 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Common Law and the Case Method in American University Law Schools by : Josef Redlich
Download or read book The Common Law and the Case Method in American University Law Schools written by Josef Redlich and published by . This book was released on 1914 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Advanced Case Law Methods: A Practical Course by : Richard Cappalli
Download or read book Advanced Case Law Methods: A Practical Course written by Richard Cappalli and published by BRILL. This book was released on 2021-10-01 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, by the author of The American Common Law Method, is an excellent source of continuing judicial education for judges at all levels as well as an accessible teaching tool for the classroom. An opening section explains the basic principles of common law methods for creating and applying case law. Advanced Case Law Method then examines the methods used by appellate courts in four states to create case lines on distinct topics. After each case in each line, the author poses several questions concerning the court's performance as a creator and user of case law. For instance, one chapter traces the "at will" employment doctrine as developed by the New York Court of Appeals and subsequent efforts to create public policy exceptions to the rule. Another looks at the struggle of the appellate courts of Pennsylvania to limit the "intentional infliction of emotional distress" tort doctrine. The New Hampshire group of cases goes back to the mid-18th century and examines railroad liability issues, culminating in the 21st century with duties imposed on internet information providers when the buyer of information causes harm to the seller. The Texas cases treat the "spoliation" doctrine which penalizes a party responsible for causing key evidence to disappear. Following the questions raised by the examined cases, Advanced Case Law Methods includes the suggested responses. The text is then supplemented by a section intended to make the questions and suggested responses a springboard for discussion at seminars, conferences and even classrooms. Judges, therefore, won't have to worry about "doing homework" and getting wrong answers. Published under the Transnational Publishers imprint.
Book Synopsis The Common Law Tradition by : Karl N. Llewellyn
Download or read book The Common Law Tradition written by Karl N. Llewellyn and published by Quid Pro Books. This book was released on 2016-05-21 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Common Law and Natural Law in America by : Andrew Forsyth
Download or read book Common Law and Natural Law in America written by Andrew Forsyth and published by Cambridge University Press. This book was released on 2019-04-11 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an ambitious narrative and fresh re-assessment of common law and natural law's varied interactions in America, 1630 to 1930.
Book Synopsis A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time by : Jacob D. Wheeler
Download or read book A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time written by Jacob D. Wheeler and published by . This book was released on 1834 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Introduction to the Legal System of the United States by : Edward Allan Farnsworth
Download or read book An Introduction to the Legal System of the United States written by Edward Allan Farnsworth and published by . This book was released on 1996 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understand the Fundamental Principles of the United States Legal System. Fulfilling the need for an introductory text to the U.S. legal system for both U.S. & foreign readers, this work is the starting point for understanding the primary objective of the architects of the U.S. Constitution. This text has been required reading in law schools for almost 20 years. Moreover, Professor Farnsworth's book has been translated into 10 languages & was used at the Salzburg Seminar in American Law. Each topic includes an extensive, detailed selection of suggested reading materials to be used for further research. Coverage Includes: Historical Background . Legal Education . Legal Profession . The Judicial System . Statutes . Secondary Authority . Classification . Procedure . Private Law . Public Law . & more.
