Key Topics

Make sure you can identify and discuss these key topics.

Jump to a ChapterCh 1: IntroductionCh 2: Ethics and LawCh 3: The Judicial SystemCh 4: Civil Procedure Ch 5: Institutional Sources of American Law Ch 6: Limitations in Seeking Relief Ch 7: Judicial RemediesCh 8: Criminal Law and ProcedureCh 9: Family LawCh 10: ContractsCh 11: The Law of TortsCh 12: PropertyCh 13: Administrative Law and Administrative AgenciesCh 14: Alternative Dispute Resolution

Chapter 1: Introduction

Legal theories
Objectives of law
Historical overview
Sources of American law
Common law
Case analysis
Elements of a brief
Constitutional interpretation
Due process
Substantive due process
Procedural due process
Criminal and civil law
Tort and contract law

Chapter 2: Ethics and Law

Ethics
The study of morality
Metaethics and normative ethics
Law and morality
Legal duty versus moral duty
Natural law and analytical positivists
Individual choice
Social control
Professional ethics
Professional responsibility
Business ethics

Chapter 3: The Judicial System

Courts
Trial courts
Appellate courts
State court systems
Jurisdiction
Subject matter
Personal
In personam jurisdiction
Jurisdiction over property
Jurisdiction by attachment
Procedural due process
Venue
Federal court system
U.S. district courts
Jurisdiction
Criminal (original)
Civil (federal question; diversity)
Removal from state to federal courts
The Erie doctrine
U.S. courts of appeals
Scope of review
U.S. Supreme Court

Chapter 4: Civil Procedure

Proceedings prior to civil trial
Hiring a lawyer
Informal discovery
Notifying the defendant
Pleadings and pretrial motions
Complaint
Answer
Reply
Discovery
Depositions
Interrogatories
Production of documents
Requests for admissions
Physical and mental examinations
Civil trials
Jury selection
Opening statements
Examination of witnesses
Rules of evidence
Relevancy, materiality, and competency
Best evidence rule
Hearsay
Privilege
Trial motions
Nonsuit
Directed verdict
Jury verdict and posttrial motions
Judgment notwithstanding the verdict
New trial
Relief from judgment
Judgment

Chapter 5: Institutional Sources of American Law

Common law legal systems
Civil law legal systems
Constitutions
Federal
State
Legislative power
Article I, §8
Necessary and proper clause
Supremacy clause
Ex post facto laws
Full-faith-and-credit clause
Police power
Administrative agencies
Judicial power
Absence of precedent
Comity
Conflict of laws
Doctrine of stare decisis
Holding
Rule of the case
Requirements for precedents
Retroactive and prospective application
Statutory construction

Chapter 6: Limitations in Seeking Relief

Case or controversy
Standing
Mootness
Political questions
Act of state doctrine
Statute of limitations
Res judicata
Immunity from legal action
Sovereign immunity
Immunity of government officials
Charitable immunity
Immunity among family members
Immunity through contract

Chapter 7: Judicial Remedies

Common law remedies
Compensatory damages
Punitive damages
Nominal damages
Liquidated damages
Equitable remedies
Injunctions
Reformation and rescission
Court of conscience
Equitable maxims
Specific performance
Restitution
Declaratory judgment
Jury trial

Chapter 8: Criminal Law and Procedure

Criminal law
Historical view
Classification of crimes
Constitutional limitations
Imposition of punishment
Components of a criminal offense
Wrongful act
Special rules
Status crimes
Criminal state of mind
Strict liability
Vicarious liability
Causation
Inchoate crime
RICO
Defenses
Criminal procedure
Proceedings prior to trial
Arrest
Investigatory detentions
Custodial interrogation
Searches and seizures
Bail
The right to an attorney
Lineups
Preliminary hearing and grand jury
Arraignment
Criminal trial
Trial by jury
Fair and public trial
Right to a speedy trial
Prosecution
Sentencing
Appeal and habeas corpus

Chapter 9: Family Law

What is a family?
Creating family relationships
Marriage
Adoption
Foster care
Family relations in ongoing families
Spousal relations
The parent-child relationship
Ending spousal relationships
Divorce/dissolution
Allocation of financial obligations
Child custody and child support
Property division

Chapter 10: Contracts

Nature and classification of contracts
Valid, void, voidable, and unenforceable contracts
Bilateral and unilateral contracts
Agreement
Offer
Requirements of an offer
Termination of an offer
Acceptance
Reality of consent
Duress
Undue influence
Fraud
Innocent misrepresentation
Mistake
Consideration
Capacity
Minors
Transactions a minor cannot avoid
Disaffirmance of contract
Insane people
Illegality
Contracts against public policy
Agreements to commit crimes
Agreements to commit civil wrongs
Statutes of frauds
Agreement by executor or administrator
Agreement in consideration of marriage
Agreement to answer for the debt of another
Agreement not to be performed in one year
Agreement conveying an interest in real property
Sale of goods
Parol evidence rule
Aspects of contract performance
Accord and satisfaction
Anticipatory repudiation
Warranties
Discharge, rescission, and novation
Transfers of duties and rights
Contracts for the benefit of third parties
Duty to perform and breach of contract
Remedies for breach of contract
Common law remedies
Punitive damages
Equitable remedies
UCC remedies for breach of contract for the sale of goods

Chapter 11: The Law of Torts

Historical view
Functions of tort law
Intentional torts
Assault
Battery
Conversion
Trespass
Malicious prosecution
False imprisonment
Defamation
Interference with contract relations
Infliction of mental distress
Invasion of privacy
Negligence
Malpractice
Duty of care
Liability rules for specialized activities
Proximate cause
Contributory negligence and assumption of risk defenses
Comparative negligence
Product liability
Imputed negligence
No-fault liability statutes
Strict liability
Abnormally dangerous activities
Product liability
Breach of warranty
Negligence
Strict liability
Tort reform
Joint and several liability
Caps on noneconomic damages
Limiting punitive damages
Collateral source rules

Chapter 12: Property

Historical development
Property classifications
Real or personal
Tangible or intangible
Fixtures
Property ownership
Severalty
Concurrent
Community property
Title
Government regulation
Zoning
Eminent domain
Taxation
Nuisance
Private
Public
Real property
Estates in land
Easements, licenses, and covenants
Adverse possession
Recording system
Personal property
Acquisition of title
Bailments

Chapter 13: Administrative Law and Administrative Agencies

The development of administrative agencies
Organization and classification
The functions of administrative agencies
Agency powers
Rule-making power
Investigative power
Adjudicative power
Judicial review
Timing of review
Recognition of administrative competence and scope of review
Regulation of businesses
OSHA
Federal Trade Commission and consumer protection legislation
Environmental Protection Agency
Air pollution
Water pollution and the Clean Water Act
Pesticide control
Hazardous wastes disposal
Practical impact of regulations

Chapter 14: Alternative Dispute Resolution

Voluntary ADR
Court-annexed ADR
ADR Techniques
Settlement conferences
Voluntary arbitration
Judicial enforcement of arbitration awards
Court-annexed arbitration
Jointly used ADR methods
Mediation
Mini-trials
Summary jury trials
Private trials