Law 101 [NOOK Book]

Overview

Law 101 is an essential ...
See more details below
Law 101

Available on NOOK devices and apps  
  • NOOK Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$10.49
BN.com price
(Save 29%)$14.95 List Price

Overview

Law 101 is an essential reference that explains:
-how laws are made
-how the court system works and
-how each area of the law impacts your daily life.

Key information for important questions:
-How does a lawsuit begin?
-What is the difference in civil and criminal law?
-When do state laws trump federal laws?
-What makes a contract solid?
-What can you expect if called as a juror?
-What can you expect if called as a witness?
-And other complex areas of the law that you need to know.

No home reference shelf is complete without this indispensable information.
Read More Show Less

Product Details

  • ISBN-13: 9781402234521
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 11/1/2004
  • Sold by: Barnes & Noble
  • Format: eBook
  • File size: 3 MB

Meet the Author

Brien A. Roche is a practicing attorney in Virginia, Maryland, and Washington, D.C. He has been practicing law since 1976. He is a graduate of Georgetown University and a graduate of the George Washington University Law School. After college, he served in the United States Marine Corps, and thereafter served as a patrol officer with the Washington, D.C. police department (known as the Metropolitan Police Department of Washington, D.C.).

Since 1976, Mr. Roche has been engaged in the general practice of law in the tri-state area surrounding Washington, D.C. Licensed in Virginia, Maryland, and the District of Columbia, his litigation practice incorporates all facets of the law.

He is the author of two professional legal texts that are published by Lexis Publishing Company. The Virginia Tort Case Finder, is a title well-recognized by Virginia lawyers and judges. The second book, The Virginia Domestic Relations Case Finder, is a must-have reference for all family law practicioners in the state of Virginia.

In addition, Mr. Roche has also authored several articles in legal publications and has lectured at numerous continuing legal education seminars around the state of Virginia.
Read More Show Less

Read an Excerpt

Inside the Juvenile Justice System

Excerpted from Law 101 by Brien A. Roche, Attorney at Law ©2004

Juvenile Court is sometimes referred to by lawyers and law enforcement officers as Kiddie Court. The Juvenile Court in some jurisdictions, however, can be more than simply what the name may imply. In some jurisdictions, it may actually be a type of
Family Court wherein all different types of family disputes may be resolved. This chapter will not deal with family law issues, but rather simply deal with issues of juvenile justice.

The logic behind the juvenile court system in the United States is that because juveniles are underage, they should be dealt with in a different fashion than adults. In many jurisdictions, juvenile offenses are not even referred to as criminal offenses. Juvenile records in most jurisdictions are strictly confidential and are not subject to public access either by means of subpoena or other inquiry. As such, a juvenile arrested and processed through the Juvenile Court does not have to report that offense on a job application or other type of inquiry unless directly asked about it since the inquiry itself is not going to be subject to any public confirmation.

Proceedings in Juvenile Court are all conducted by a judge with no jury present. For certain types of offenses, however, a juvenile may be transferred to the adult system and may be tried as an adult with all the consequences that might apply to an adult. (That type of treatment is generally reserved for more serious offenses.)

An offense in Juvenile Court is generally handled in a somewhat informal fashion. There may be a prosecutor present in Juvenile Court. Thatprosecutor represents the interest of the government or the victim. The prosecutor may present evidence in front of the judge who then hears from the defense and renders a decision. That decision normally consists of a finding of whether the juvenile is involved and if so there may be some punishment imposed. That punishment may consist simply of a monetary fine, performing some community service, or for more extreme circumstances, confinement to a juvenile home for a period of time.

The thrust of the juvenile court system is to be instructive and rehabilitative-to instruct the juvenile as to the error of his or her ways and to assist him or her with rehabilitation. That is dramatically different from the thrust of the adult court system, which may have an element of rehabilitation about it, but is more oriented toward a finding of guilt or innocence and then punishing the guilty.

Read More Show Less

Table of Contents

Preface xiii
Section 1 Where Our Laws Come From
Chapter 1 Constitutional Law 3
The U.S. Constitution is a Compact
The Articles of the Constitution
The Bill of Rights
The Fourteenth Amendment
Other Amendments
State Constitutions
Chapter 2 Statutory Law 11
Preemption
Codes
Chapter 3 Case Law 15
Federal Courts
Types of Cases
State Courts
Case Law
The Status of the Court
Chapter 4 Administrative Law 27
Rule Making Process
Code of Federal Regulations
State Rules
Rules for the Legal Profession
Legal Analysis
Section 2 The Court System
Chapter 5 Civil Litigation 35
Civil Justice in the State Court System
Filing Suit
Serving the Suit Papers
Response by the Defendant
Discovery
Pretrial and Trial
Voir Dire
Opening Statement
Presentation of Evidence
Jury Instructions
Verdict
Posttrial Motions
Appeal
Court Rules
Civil Justice in the Federal Court System
Personal Jurisdiction
State Court vs. Federal Court
Chapter 6 Criminal Law and Procedure 61
Constitutional Protections
Exclusionary Rule
Criminal Procedure
Probable Cause
Warrants
Miranda Rights
Judicial Review of Arrest
Prosecutors
First Court Appearance
Pleas
Pretrial Proceedings
Felonies and Misdemeanors
Discovery
Privilege
Jury Trial
Right of Confrontation
Standard of Proof
Sentencing
Appeal
Double Jeopardy
Habeas Corpus
Criminal Justice in the Federal Court System
Chapter 7 Criminal Law and Specific Crimes 79
Murder
Personal Crimes and Victimless Crimes
Property Crimes
Intent
Strict Liability and Vicarious Liability
Actus Reus
Attempted Crime
Solicitation
Accessories
Conspiracy
Defenses
Chapter 8 Juvenile Law 89
Teen Rights
Parental Responsibility
Chapter 9 What to Expect if Called as a Juror 93
Chapter 10 What to Expect if Called as a Witness 97
Section 3 Areas of the Law
Chapter 11 Contracts 101
Offer and Acceptance
Consideration
Auctions
Uniform Commercial Code (UCC)
Statute of Frauds
Defenses to Contracts
Parol Evidence
Conditions to Performance
Payment of Attorney's Fees
Material Breach
Other Contract Theories
Recoverable Damages
Liquidated Damages
Equitable Relief
Checklist for Contracts
Chapter 12 Torts 117
Negligence
Motor Vehicle Accident
Premises Liability
Product Liability
Professional Liability
Standard of Care
Children
Attractive Nuisance
Res Ipsa Loquitur
Vicarious Liability
Strict Liability
Intentional Torts
Damages
Joint and Several Liability
Comparative and Contributory Negligence
Defenses
Immunities
Wrongful Death Actions
Chapter 13 Domestic Relations 137
Marriage
Annulment
Divorce
Grounds
Corroboration Requirement
Defenses
Custody
Change of Custody
Adoption and Paternity
Child Support
Spousal Support
Property Division
Prenuptial and Property Settlement Agreements
Chapter 14 Landlord/Tenant Rights 147
Leases
Chapter 15 Estates and Probate 151
Probating a Will
Executor
Taxes
Guardianship, Power of Attorney, and Trust
Living Will and Advance Medical Directive
Chapter 16 Taxes 159
Federal Taxes
State Taxes
IRS
Chapter 17 Real Estate 165
Determining Title
Adverse Possession
Real Estate Contracts
Chapter 18 Business Organization 177
Sole Proprietorships
Partnerships
Corporations
Limited Liability Companies and Limited Liability Partnerships
Chapter 19 Bankruptcy 183
Chapter 7
Chapter 11
Chapter 13
Chapter 20 Employment 191
Discrimination
Federal Laws
At-Will Employment
Overtime and Minimum Wage
Unemployment
Severence and Lay-offs
Chapter 21 Workers' Compensation 199
Claims
Benefits
Complex Injuries
Third Party Claims
Second Injury Fund and Uninsured Employer Fund
Chapter 22 Insurance 207
Automobile Insurance
Life Insurance
Health Insurance
Homeowners Insurance
Malpractice Insurance
Insurance Agents
Chapter 23 Eminent Domain and Zoning 213
Zoning
Chapter 24 Liens 217
Mechanic's Lien
Garagekeeper's Lien
Innkeeper's Lien
Domestic Relation's Lien
Attorney's Lien
Tax Lien
Secured Transaction
Conclusion 221
Glossary 223
Index 231
About the Author 241
Read More Show Less

Customer Reviews

Average Rating 4.5
( 2 )
Rating Distribution

5 Star

(1)

4 Star

(1)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing 1 – 3 of 1 Customer Reviews
  • Anonymous

    Posted July 10, 2009

    No text was provided for this review.

  • Anonymous

    Posted January 2, 2010

    No text was provided for this review.

  • Anonymous

    Posted January 3, 2010

    No text was provided for this review.

Sort by: Showing 1 – 3 of 1 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)