An Introduction to the Anglo-American Legal System: Readings and Cases

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Thomson/West, 2004 - Law - 258 pages
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The authors have retained most of the original text with revisions to reflect new developments, while adding edited reports of many new cases. The new cases emphasize recent decisions of the United States Supreme Court, but also include an eclectic group of decisions by state appellate courts. Instructors who wish to introduce students to the case method of legal analysis will find they have ample resources to do so; instructors who wish to emphasize textual description of the key features of the Anglo-American legal system will find all the necessary materials still at hand, and may pretermit the illustrative cases as they see fit.

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Contents

The Nature and Functions of Law
1
B Some Basic Distinctions and Classifications of the Law
8
Common Law Equity and the Development of
26
B The Forms of Action at Common Law
35
Equitable Jurisdiction and the Court of Chancery
46
E The Merger of Law and Equity
56
Jurisdictional Diagrams
69
Further References
78
Further References
139
Logic and Policy in Legal Reasoning
141
B Logic and Policy in Judicial Opinions
150
Further References
165
Fundamentals of Statutory Interpretation
166
B Basic Approaches to Statutory Interpretation
169
Linguistic Canons of Statutory Construction
179
E Contemporary Approaches to Statutory Interpretation in
189

Statutes Case Law and Judicial Precedent
79
Statutory Law and Case Law
86
The Problem of Retroactivity
105
Further References
117
CHAPTER rV The Ratio Decidendi of a Case
119
B The Evolution of Products Liability at Common Law in
124
Criminal Law
204
Civil Law
213
H Reasoning From Statutes by Analogy
226
Index
253
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