Introduction to Law / Edition 4

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Overview

Hames and Ekern’s Introduction to Law , 4/e will teach students the basic legal concepts related to substantive and procedural law, introduces them to cases, statutes, and the constitution, and develops their legal vocabulary and analytical skills. A new chapter on constitutional law, expanded coverage of employment and environmental law, and information on technology makes this an excellent resource for any Introduction to Law course for all disciplines of study including pre-law, legal studies, and business programs. Using this text, your students will learn how to develop their own critical-thinking skills, read high-interest cases, expand their legal vocabulary and discuss case law and issues impacting today’s legal system.
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Product Details

  • ISBN-13: 9780135024348
  • Publisher: Prentice Hall
  • Publication date: 7/16/2009
  • Edition description: New Edition
  • Edition number: 4
  • Pages: 600
  • Sales rank: 289,263
  • Product dimensions: 8.50 (w) x 10.80 (h) x 0.90 (d)

Meet the Author

Joanne Banker Hames is an attorney who has been actively involved in paralegal education since 1977 and is now a full-time instructor and the coordinator for the ABA-approved paralegal program at DeAnza Community College located in the heart of Silicon Valley. She earned her J.D. from Santa Clara University Law School and has been an active member of the California Bar since 1972. Prior to her involvement in paralegal education, she practiced law in a firm specializing in personal injury litigation. She is also the co-author of Civil Litigation and Legal Research, Analysis, and Writing: An Integrated Approach.

Yvonne Ekern is the chairperson of an ABA-approved Paralegal Program and Division Chair of the Applied Arts and Sciences Division of West Valley Community College. Prior to completing law school, she taught high school English and Math in California and Missouri. She graduated from the University of Idaho School of Law in 1985. While working in criminal and family law offices, she taught part-time in several Silicon Valley paralegal programs and is now the full-time chairperson of the West Valley College Paralegal Program, located in Saratoga, California. She is also an instructor in that program. She is the co-author of Legal Research, Analysis, and Writing: An Integrated Approach. She has over twenty years of teaching experience.

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Read an Excerpt

The study of law attracts students for a variety of reasons. Many see the law as a career choice, as a lawyer, a paralegal, or some other related professional. Some are interested because of personal dealings with the legal system, while others are interested simply because it is a fascinating subject. Whatever reasons motivate the student, an introductory class in law must accomplish certain basic objectives. Students must develop an understanding of the organization of the legal system. They must comprehend some basic legal concepts related to procedural and substantive law. Students should also4be introduced to cases, statutes, and the Constitution, the sources of all of our laws. While students in an introduction to Law class should not be forced to learn about the law entirely through reading cases, some experience in reading cases is essential to learning about the law.

Our years of teaching paralegal students have convinced us that any introductory law course must begin with and emphasize the development of a strong legal vocabulary. Also important is the opportunity to use and develop the analytic skills so important to any legal professional. Our goal, therefore, in writing this text is to help instructors by providing beginning students with a book that keeps their interest while providing an overview of the organization and operation of the legal system, as well as an introduction to some of the basic concepts of the substantive and procedural law. More important, however, we have included several features that give students the opportunity to develop a strong legal vocabulary and to build their analytic skills.

THE SECOND EDITION OF INTRODUCTION TOLAW

Feedback from instructors and students who use this text convinces us that the basic organization and features of this textbook are successful. Students have especially appreciated the extensive vocabulary definitions in the margin, the interesting cases, and the wide use of common hypothetical cases to explain the application of legal principles. These features remain in the text. However, the law has never been, nor will it ever be, a static entity. Any useful textbook dealing with the law must reflect these changes. As a result, where applicable, the law has been updated. Other changes reflect the changing face of the legal system, as well as our desire to provide students with more practice building analytic skills and more exposure to the area of legal ethics.

In the last few years, the most important changes in the legal system have come about because of the developments in technology, including the Internet. We have endeavored to reflect those changes in the second edition of Introduction to Law. Each chapter now contains two new features: Technology Corner, listing the Web addresses and names of Internet sites applicable to the chapter material; and Featured Web Site, an overview of a helpful Internet site along with exercises requiring the student to "go online." Developments in technology resulted in our completely revising two chapters appearing in the first edition—"Law Practice: Day to Day Procedures" and "Law and Technology." Clearly, these are no longer separate subjects and are therefore combined in a new chapter, "Technology and Law Practice: A Paralegal Perspective." The relevance of technology to the different aspects of substantive and procedural law are now incorporated into the chapters dealing with the topics rather than appearing in a separate chapter.

Although technology is important, any student of the law must develop keen analytic skills. In this second edition we provide more opportunity for this to occur. We expanded the coverage of legal research, analysis, and writing from one chapter to two. We also added "Questions for Analysis" at the end of each chapter and continue to provide questions for analysis at the end of each case.

Our treatment of legal ethics has also been expanded in Chapter 1. The textbook still contains several hypothetical situations for analysis ("Ethical Concerns"), along with an appendix with the ethical rules from NALA and NFPA. Furthermore, the availability of information on the Internet has allowed us to include exercises leading4the students to the ethical rules of their own states.

INSTRUCTIONAL AND LEARNING FEATURES OF INTRODUCTION TO LAW

The many features of Introduction to Law make it an excellent choice for both the student and the instructor. Students will find an easy-to-read text with a built-in dictionary, realistic factual situations, and high-interest cases. Instructors will find an organized text containing questions to help students review text material, hypothetical situations for class analysis and discussion, and assignments in each chapter. In addition, an Instructor's Manual provides the instructor with chapter outlines, answers to review questions, a test bank and transparency masters. The supplemental material is especially helpful to adjunct faculty. More specifically, Introduction to Law contains the following features:

  • Legal Vocabulary is identified in boldface type. The key terms are defined in the margins of the text where the terms appear, and are also listed at the end of each chapter for review.
  • A Case File containing a hypothetical factual situation opens each chapter. This case file serves as an introduction to the subject matter, encouraging the student to think about the subject matter in a law office or everyday setting, rather than simply as more textual reading.
  • Carefully selected and edited case law appears in each chapter. The case law introduces students to reading the law and assists with the development of critical-thinking skills. The cases are interesting and even familiar. Most cases have been edited, in an effort to shorten them and to give beginning students the opportunity to ascertain the important concepts of the case without being confused. (In editing the cases we have taken some liberties with normal rules of editing.) To assist the student we have also provided a brief introduction to each case, as well as questions for Case Analysis following the case.
  • A Technology Corner box in each chapter provides a list of Internet sites that are relevant to the material in the chapter. A Featured Web Site box in each chapter provides an overview of one important Web site, along with student assignments using the site.
  • Ethical Concerns boxes in each chapter contain hypothetical situations presenting ethical questions suitable for class discussion. Students are given the opportunity to apply the various ethical rules to real-life situations.
  • A Chapter Summary is included in every chapter. The summaries are short overviews of the major concepts covered in the chapter.
  • Basic Questions for Review follow each Chapter Summary. These questions are designed to assist the student in focusing on the most important concepts in the chapter.
  • Questions for Analysis at the end of each chapter require the student to apply the concepts covered in the chapter.
  • An Assignments and Projects section, which follows the Questions for Analysis, contains hands-on activities to help the student build necessary skills.
  • Most chapters include a feature we call A Point to Remember. This practical information helps students focus on the skills and concepts that will help them in their legal studies.
  • A complete Glossary at the end of the text contains definitions for all highlighted vocabulary used in the text.
  • A Mock Trial is in Appendix III and a Basic Citation Reference Guide is included as Appendix IV. The mock trial could be used at the end of Chapter 17 ("The Trial"). We have found that a mock trial is fun and memorable for the students. We have provided the basic fact pattern and the legal issues. The trial is a good opportunity for students to apply the materials presented in the preceding chapters.
  • Appendix VII, Recent United States Supreme Court Decisions, contains summaries of important recent cases. In the various chapters, students are asked to do factual analysis based on the cases.
  • A complete Instructor's Manual is available. The instructor's manual contains suggested course syllabi, chapter outlines, answers to questions for review, and suggestions for additional teaching materials. It also includes a test bank with answers and transparency masters.
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Table of Contents

PART 1 THE LEGAL SYSTEM

Chapter 1 The Legal Community and Professional Responsibility

Chapter 2 The American Legal System

Chapter 3 Laws: Their Sources

Chapter 4 Finding the Law: Legal Research

Chapter 5 Using the Law: Analysis and Legal Writing

PART 2 LEGAL PRACTICE AND PRINCIPLES

Chapter 6 Laws: Civil vs. Criminal

Chapter 7 Personal Injury Practice: Tort Law and Workers’ Compensation

Chapter 8 Family Law

Chapter 9 Wills, Trusts, and Probate

Chapter 10 Business Practice: Contract Law and Property Law

Chapter 11 Business Practice: The Law of Business Organizations and Bankruptcy

Chapter 12 Civil Procedure Before Trial

Chapter 13 Alternative Dispute Resolution

Chapter 14 Criminal Practice: Criminal Law and Juvenile Law

Chapter 15 Criminal Procedure Before Trial

Chapter 16 Rules of Evidence

Chapter 17 The Trial

Chapter 18 Constitutional Law

Chapter 19 Law and Technology: A Paralegal Perspective

Appendix I The United States Constitution

Appendix II Paralegal Ethics

Appendix III Mock Trial

Appendix IV Basic Citation Reference Guide

Appendix V The Marvin v. Marvin Case

Appendix VI Federal Rules of Evidence 801-806

Appendix VII Recent United States Supreme Court Decisions

Appendix VIII Creating Research Strategies

Glossary

Index

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Preface

The study of law attracts students for a variety of reasons. Many see the law as a career choice, as a lawyer, a paralegal, or some other related professional. Some are interested because of personal dealings with the legal system, while others are interested simply because it is a fascinating subject. Whatever reasons motivate the student, an introductory class in law must accomplish certain basic objectives. Students must develop an understanding of the organization of the legal system. They must comprehend some basic legal concepts related to procedural and substantive law. Students should also4be introduced to cases, statutes, and the Constitution, the sources of all of our laws. While students in an introduction to Law class should not be forced to learn about the law entirely through reading cases, some experience in reading cases is essential to learning about the law.

Our years of teaching paralegal students have convinced us that any introductory law course must begin with and emphasize the development of a strong legal vocabulary. Also important is the opportunity to use and develop the analytic skills so important to any legal professional. Our goal, therefore, in writing this text is to help instructors by providing beginning students with a book that keeps their interest while providing an overview of the organization and operation of the legal system, as well as an introduction to some of the basic concepts of the substantive and procedural law. More important, however, we have included several features that give students the opportunity to develop a strong legal vocabulary and to build their analytic skills.

THE SECOND EDITION OF INTRODUCTION TO LAW

Feedback from instructors and students who use this text convinces us that the basic organization and features of this textbook are successful. Students have especially appreciated the extensive vocabulary definitions in the margin, the interesting cases, and the wide use of common hypothetical cases to explain the application of legal principles. These features remain in the text. However, the law has never been, nor will it ever be, a static entity. Any useful textbook dealing with the law must reflect these changes. As a result, where applicable, the law has been updated. Other changes reflect the changing face of the legal system, as well as our desire to provide students with more practice building analytic skills and more exposure to the area of legal ethics.

In the last few years, the most important changes in the legal system have come about because of the developments in technology, including the Internet. We have endeavored to reflect those changes in the second edition of Introduction to Law. Each chapter now contains two new features: Technology Corner, listing the Web addresses and names of Internet sites applicable to the chapter material; and Featured Web Site, an overview of a helpful Internet site along with exercises requiring the student to "go online." Developments in technology resulted in our completely revising two chapters appearing in the first edition—"Law Practice: Day to Day Procedures" and "Law and Technology." Clearly, these are no longer separate subjects and are therefore combined in a new chapter, "Technology and Law Practice: A Paralegal Perspective." The relevance of technology to the different aspects of substantive and procedural law are now incorporated into the chapters dealing with the topics rather than appearing in a separate chapter.

Although technology is important, any student of the law must develop keen analytic skills. In this second edition we provide more opportunity for this to occur. We expanded the coverage of legal research, analysis, and writing from one chapter to two. We also added "Questions for Analysis" at the end of each chapter and continue to provide questions for analysis at the end of each case.

Our treatment of legal ethics has also been expanded in Chapter 1. The textbook still contains several hypothetical situations for analysis ("Ethical Concerns"), along with an appendix with the ethical rules from NALA and NFPA. Furthermore, the availability of information on the Internet has allowed us to include exercises leading4the students to the ethical rules of their own states.

INSTRUCTIONAL AND LEARNING FEATURES OF INTRODUCTION TO LAW

The many features of Introduction to Law make it an excellent choice for both the student and the instructor. Students will find an easy-to-read text with a built-in dictionary, realistic factual situations, and high-interest cases. Instructors will find an organized text containing questions to help students review text material, hypothetical situations for class analysis and discussion, and assignments in each chapter. In addition, an Instructor's Manual provides the instructor with chapter outlines, answers to review questions, a test bank and transparency masters. The supplemental material is especially helpful to adjunct faculty. More specifically, Introduction to Law contains the following features:

  • Legal Vocabulary is identified in boldface type. The key terms are defined in the margins of the text where the terms appear, and are also listed at the end of each chapter for review.
  • A Case File containing a hypothetical factual situation opens each chapter. This case file serves as an introduction to the subject matter, encouraging the student to think about the subject matter in a law office or everyday setting, rather than simply as more textual reading.
  • Carefully selected and edited case law appears in each chapter. The case law introduces students to reading the law and assists with the development of critical-thinking skills. The cases are interesting and even familiar. Most cases have been edited, in an effort to shorten them and to give beginning students the opportunity to ascertain the important concepts of the case without being confused. (In editing the cases we have taken some liberties with normal rules of editing.) To assist the student we have also provided a brief introduction to each case, as well as questions for Case Analysis following the case.
  • A Technology Corner box in each chapter provides a list of Internet sites that are relevant to the material in the chapter. A Featured Web Site box in each chapter provides an overview of one important Web site, along with student assignments using the site.
  • Ethical Concerns boxes in each chapter contain hypothetical situations presenting ethical questions suitable for class discussion. Students are given the opportunity to apply the various ethical rules to real-life situations.
  • A Chapter Summary is included in every chapter. The summaries are short overviews of the major concepts covered in the chapter.
  • Basic Questions for Review follow each Chapter Summary. These questions are designed to assist the student in focusing on the most important concepts in the chapter.
  • Questions for Analysis at the end of each chapter require the student to apply the concepts covered in the chapter.
  • An Assignments and Projects section, which follows the Questions for Analysis, contains hands-on activities to help the student build necessary skills.
  • Most chapters include a feature we call A Point to Remember. This practical information helps students focus on the skills and concepts that will help them in their legal studies.
  • A complete Glossary at the end of the text contains definitions for all highlighted vocabulary used in the text.
  • A Mock Trial is in Appendix III and a Basic Citation Reference Guide is included as Appendix IV. The mock trial could be used at the end of Chapter 17 ("The Trial"). We have found that a mock trial is fun and memorable for the students. We have provided the basic fact pattern and the legal issues. The trial is a good opportunity for students to apply the materials presented in the preceding chapters.
  • Appendix VII, Recent United States Supreme Court Decisions, contains summaries of important recent cases. In the various chapters, students are asked to do factual analysis based on the cases.
  • A complete Instructor's Manual is available. The instructor's manual contains suggested course syllabi, chapter outlines, answers to questions for review, and suggestions for additional teaching materials. It also includes a test bank with answers and transparency masters.
Read More Show Less

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