BN.com Gift Guide

Whose Monet? An Introduction To The American Legal System / Edition 1

Paperback (Print)
Rent
Rent from BN.com
$10.95
(Save 75%)
Est. Return Date: 01/26/2015
Buy Used
Buy Used from BN.com
$26.73
(Save 39%)
Item is in good condition but packaging may have signs of shelf wear/aging or torn packaging.
Condition: Used – Good details
Used and New from Other Sellers
Used and New from Other Sellers
from $4.93
Usually ships in 1-2 business days
(Save 88%)
Other sellers (Paperback)
  • All (16) from $4.93   
  • New (7) from $31.95   
  • Used (9) from $4.93   

Overview

This extraordinary paperback provides a highly accessible and appealing orientation to the American legal system and presents basic concepts of civil litigation to first-year law students. Whose Monet? An Introduction to the American Legal System focuses on a lengthy dispute over the ownership of a painting as a vehicle for introducing students to the basic law school tasks of reading analytically, understanding legal materials, and working with the common law.

The author and his colleagues have used these materials successfully in their classrooms for many years, ensuring their teachability and effectiveness:

  • Whose Monet? can be used as primary course material in orientation courses or seminars, as well as collateral reading for in-semester Legal Process or Civil Procedure courses
  • The organization is logical and straightforward and the accessible writing style—lucid, descriptive, and conversational—is ideal for incoming students
  • The major events in a lawsuit are considered, and the text sheds light on how the law is applied in a civil dispute, introducing common law and statutory law and the various courts and their interrelationship (trial/appellate, state/federal)
  • The author draws on judicial opinions, litigation papers, transcripts, and selections from commentators and various jurisprudential sources, thereby exposing the first-year student to as broad a spectrum of materials as possible
  • Telling the story of a real lawsuit (DeWeerth v. Baldinger)—from client intake through trial and various appeals—draws students into the legal process by means of an engaging narrative and makes for a truly enjoying teaching experience for professors
  • The lawyer's role is examined in both its functional and moral dimensions: What do lawyers do? What does society legitimately expect lawyers to do?
  • This book is suitable for both classroom and stand-alone assigned reading

Professor Humbach, with over 30 years of experience teaching and writing articles and instruction programs for first-year property students, includes a separate Teacher's Manual. Drawing upon his own classroom experience with these materials, he:

  • suggests "learning objectives" for each chapter
  • offers different teaching approaches
  • provides answers to questions in the book
  • suggests sample syllabi
Read More Show Less

Product Details

  • ISBN-13: 9780735565579
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/13/2007
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 252
  • Sales rank: 44,630
  • Product dimensions: 9.00 (w) x 6.00 (h) x 0.53 (d)

Table of Contents


Introduction     1
The Lawyer's Task: Facts and Law     9
The Facts     10
Facts of DeWeerth v. Baldinger as Summarized by the Trial Court     17
The Law     21
Deciding Whether to Sue     27
Deciding Where to Sue: The Court System     31
Federal Court System     33
A Note on "Civil" and "Criminal" Cases     37
District Courts     39
United States Courts of Appeals     42
Supreme Court of the United States     44
Other Federal Courts     45
State Court Systems     45
Trial Courts     47
State Courts of Appeals     48
State Supreme Courts     49
Other State Courts     50
The Best Court for Mrs. DeWeerth?     51
Commencing a Civil Action     55
The Complaint     63
The Content of Pleadings     65
The Complaint's Legal Sufficiency-A Motion to Dismiss     67
Decision on Motion to Dismiss     74
DeWeerth v. Baldinger I     74
A Note on "Briefing" Cases     79
The Common Law     83
The Emergence of American Common Law     90
Kerwhacker v. Cleveland, Columbus & Cincinnati RR     96
The Fluidity of the Common Law     98
The Stability of the Common Law-Stare Decisis     105
Hart v. Massanari     116
The Answer     121
"Discovery"     125
A Motion for Summary Judgment     131
O'Keeffe v. Snyder     134
DeWeerth v. Baldinger II     144
Statutory Law and Administrative Regulations     153
What Statutes Are Supposed to Do     155
How Statutes Get Enacted     159
Administrative Regulations     161
Interpreting Statutes     164
Interpreting the Statute in DeWeerth     168
The Trial     171
Selecting the Jury (Voir Dire)     174
Opening Statements     176
Presenting the Testimony and Other Evidence     177
Motions for Judgment as a Matter of Law or Judgment of Acquittal     180
Closing Arguments     181
Charge to the Jury     182
The Judgment (and a Motion for a "Judgment N.O.V.")     185
The Appeal     189
DeWeerth v. Baldinger III     193
The Aftermath     207
Solomon R. Guggenheim Foundation v. Lubell      208
DeWeerth v. Baldinger IV     212
DeWeerth v. Baldinger V     214
Postscript     219
Extracts from Testimony of Gerda Dorothea DeWeerth     223
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

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

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