Product Description
To most Americans, the law-especially noncriminal law-is a mystery that only someone with a law degree can solve. Understanding Law in a Changing Society renders the complexity of law at a level that everyone can understand. The book walks readers through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change affect one another.
With this revised and updated third edition, the authors have incorporated an updated preface and a new introduction; outlined a “How to Brief a Case” section; included new case studies, readings, and “You be the Judge” features for selected chapters; and for the first time added a glossary of legal terms and key websites to the book. Important developments in judicial selection, the state secrets doctrine, and family law (including same sex marriage, child custody, and unwed fathers' rights) are highlighted.
About The Author
Bruce E. Altschuler, Chair of the Political Science Department at SUNY Oswego, is a recipient of the President's Award for Research/Creative or Scholarly Activity. His publications include Running in Place: A Campaign Journal (Wadsworth Publishing, 1999) and Keeping a Finger on the Public Pulse (Greenwood Press, 1982).
Celia A. Sgroi is an Associate Professor in the Public Justice Department at SUNY Oswego.
Margaret R. Ryniker is an Assistant Professor in the Public Justice Department at SUNY Oswego.
To the Student
How to Brief a Case
Introduction to the Revised and Updated Third Edition
Acknowledgments
Chapter 1: The American Court System
Chapter Objectives
Introduction
Laws, Judges, and Cases
Appeals
Jurisdiction
The U.S. Supreme Court
Arbitration
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 2: How Courts Differ from Legislatures
Chapter Objectives
Introduction
Judicial Activism versus Judicial Self-Restraint
Constitutional Interpretation
Judicial Selection
Inherent Court Power
Statutory Interpretation
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 3: Due Process of Law
Chapter Objectives
Introduction
The Meaning of Due Process
Government Action
Property Rights and Liberty Interests
Substantive Due Process
Procedural Due Process
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 4: Precedent
Chapter Objectives
Introduction
Meaning of Stare Decisis
Stare Decisis in Practice
When Should Stare Decisis Be Overturned?
When Not to Follow Precedent
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 5: Limits on Courts
Chapter Objectives
Introduction
Ripeness
Standing
Political Questions
Mootness
Statute of Limitations
Governmental Immunity
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 6: Property
Chapter Objectives
Introduction
Nature and Origin of Property
What Can Be Classified as Property
Acquisition of Property
Exercising Rights in Property
Incidents of Ownership
Limitations on Rights of Property
Redefining Rights in Property
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 7: Contracts
Chapter Objectives
Introduction
What Is a Contract?
Freedom of Contract
Formation of Contract
Preliminary Negotiations and Agreements to Make a Contract or Agree on Terms
Offer and Acceptance
Formal Requisites of a Contract
Factors Affecting Formation of a Contract
Enforcement of Contracts
Performance or Nonperformance
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 8: Torts
Chapter Objectives
Introduction
Negligence
Strict Liability and Products Liability
Intentional Torts
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 9: Family Law
Chapter Objectives
Introduction
Marriage
Antenuptial or Prenuptial Agreements
Divorce
Child Custody
Unwed Fathers’ Rights
Termination of Parental Rights
Legal Terms to Know
For Further Reading
You Be the Judge Key
Chapter 10: Equity and Remedies
Chapter Objectives
Introduction
Equity and Equitable Remedies
Legal Remedies
Declaratory Judgment
Legal Terms to Know
For Further Reading
You Be the Judge Key
Websites
Glossary of Terms
Index
About the Authors
