Instructor Manual: SM TB Introduction to Law and the Legal System, 12th Edition Frank
Solution Manual For SM TB Introduction to Law and the Legal System, 12th Edition Frank August, 2023, 978-0-357-66016-4; Chapter 1: Introduction
Table of Contents Purpose and Perspective of the Chapter .................................................................................... 2 Cengage Supplements............................................................................................................... 2 Chapter Objectives .................................................................................................................... 2 Key Terms ................................................................................................................................. 3 What‘s New in This Chapter ....................................................................................................... 5 Chapter Outline .......................................................................................................................... 5 Court Cases ............................................................................................................................... 8 Chapter Questions and Answers ...............................................................................................16 Additional Resources ................................................................................................................20
© 2023 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Instructor Manual: Chapter 1: Introduction
Purpose and Perspective of the Chapter Chapter I begins by raising a fundamental jurisprudential question: What is law? Many students who have not previously thought much about law are surprised to learn that there is no single universally accepted answer to the question and that the likely best answer is, it depends. After reading brief synopses of several differing philosophical schools, it becomes apparent why developing a consensus definition has proven to be so difficult. What followed next were a discussion of legal objectives that are common to both private and public law in this country and a review of Anglo-American historical and cultural heritage with a focus on how these have contributed to law as we know it today. Because students using this textbook need immediately to begin developing the ability to read excerpts from judicial opinions, the chapter included a highly simplified overview of litigation. This overview was necessary preparation for students about to read their first case. Litigation is a topic that is covered in considerably more detail later in this book—civil procedure in Chapter V and criminal procedure in Chapter VIII. The current chapter continued with some additional comments on reading cases immediately prior to the first judicial opinion, Jones v. Mississippi. An analysis of that case followed, along with a sample brief, both of which were intended to further help students learn how to read and understand judicial opinions in general, and the first case in particular. The chapter then turned to an overview of constitutional due process and equal protection and a discussion of the differences between civil and criminal law. The chapter concluded with an explanation of the differences between tort and contract law.
Cengage Supplements The following product-level supplements provide additional information that may help you in preparing your course. They are available in the Instructor Resource Center.
Transition Guide (provides information about what’s new from edition to edition) Instructor Manual (contains outlines, suggested activities, and resources for instructor use in the course) PowerPoint (provides text- and image-based lectures with active learning activities) Test Bank (contains assessment questions and problems) Guide to Teaching Online (provides technological and pedagogical considerations and resources for teaching online)
Chapter Objectives The following objectives are addressed in this chapter: 1.
Identify each of five jurisprudential approaches to answering the question, What is law?
2.
Explain the legal objectives that are common to the American public and private law.
© 2023 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Instructor Manual: Chapter 1: Introduction
3.
Learn about how our nation’s legal history and culture have contributed to law and legal institutions as we know them today.
4.
Develop the ability to read and brief an appellate court opinion.
5.
Explain in general terms the concepts underlying the Due Process and Equal Protection Clauses.
6.
Describe the basic differences between civil and criminal law.
7.
Distinguish the basic differences between tort and contract law.
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Key Terms Jurisprudence: The study of legal philosophy. Natural Law: Law that reflects, or is based on, the built-in sense of right and wrong that exists within each person at birth. Historical Jurisprudence: Legal philosophy that law is only valid to the extent that the will of the sovereign is compatible with long-standing social practices, customs, and values. Utilitarian: Legal philosophy that focuses on the social usefulness of legislation rather than on metaphysical notions of goodness and justice. Analytical Positivism: Legal philosophy that asserts that law is a self-sufficient system of legal rules that the sovereign issues in the form of commands to the governed. Sociological Jurisprudence: Legal philosophy that advocates the idea that governments should become proactive in working to promote social and economic reforms. Legal Realists: Legal school of thought that focuses on the extent to which actual practices varied from formal legal rules. Legal Sociologists: Legal school of thought that focuses on the impacts of social diversity on litigation. Writs: Administrative letters containing the English royal seal requiring courts to convene and sheriffs to do justice, and to award grants of land and privileges. Chancellor: The English king‘s leading advisor and administrator in professional matters. Court of Chancery or Equity Court: Court that granted relief based on broad principles of right and justice in cases in which the restrictions of common law prevented it.
© 2023 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Instructor Manual: Chapter 1: Introduction
Writ of Subpoena: A legal document commanding one‘s attendance in court to compel testimony or produce evidence. Writ of Summons: A legal document commanding one‘s attendance in court to answer a complaint. Complaint: A legal document explaining a plaintiff‘s claims and the requested relief. Answer: A legal document by a defendant responding to a complaint. Discovery: Phase in a court proceeding where each party learns as much as possible about the case. Judgment: A court‘s final decision in a case. Motion for Summary Judgment: A request made either by the plaintiff or the defendant for the court to dispose of the cases before a trial ensues. Pretrial Conference: Meeting between the court and the attorneys in a case to define the issues, prepare for the trial, and discuss the possibility of settlement. Alternative Dispute Resolution (ADR): An umbrella concept for a variety of procedures designed to help parties resolve their disputes without a trial. Plaintiff: The party in a legal dispute who brings the complaint to court. Defendant: The party in a legal dispute who the complaint is lodged against. Appellant: The party in a legal dispute who appeals a court‘s judgment to the next higher court. Petitioner: The party in a legal dispute who requests a writ to be issued. Writ of Certiorari: A writ issued by a higher court stating that it will review a decision issued by a lower court. Respondent: The party in a legal dispute who is being sued. Holding: The rule of law that the court says applies to the facts of a case. Dicta: Unnecessary statements in a court‘s opinion. Although often stated in court opinions, dicta lack the authority of a court‘s holding. Brief: A summary of a legal case that includes the issues presented to the court, the holding of the court, and the rationale the court exercised. Due Process Clauses: Portions of the Fifth and Fourteenth Amendments to the U.S. Constitution that provide that no personal ―shall be deprived of life, liberty, or property without due process of law.‖ Due Process of Law: Legal procedures that are required before a person can be deprived of life, liberty, or property. Substantive Due Process: Constitutional principle allowing courts in the United States to protect certain fundamental rights from government interference. Vagueness: Where legislation fails to control the police exercise of discretion and fails to provide citizens with fair notice of what the law prohibits. Overbreadth: Where a statute is insufficiently focused. Procedural Due Process: Constitutional principle requiring government officials to follow fair procedures during legal proceedings.
© 2023 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
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Instructor Manual: Chapter 1: Introduction
Treason: A crime defined in the U.S. Constitution as levying war against the United States or adhering to or giving aid or comfort to its enemies. Felony: Generally, a crime for which a defendant may be imprisoned for more than one year or executed. Misdemeanor: Offenses that generally are punishable by a maximum term of imprisonment of less than one year. Equal Protection Clause: A section of the 14th Amendment that forbids legislation from discriminating against certain groupings of people. Contract: A legally enforceable agreement. Offer: Part of a contract that is a communication of a promise with a statement of what is expected in return. Acceptance: Part of a contract where evidence of assent to the terms of the offer is shown to exist. Consideration: The inducement each party has to enter into an agreement in a contract. [return to top]
What’s New in This Chapter The following elements are improvements in this chapter from the previous edition:
Chapter Objectives have been updated. Jones v. Mississippi replaces Miller v. Alabama Sessions v. Dimaya is included. A new Chapter Question 1 is introduced.
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Chapter Outline I.
II.
III.
WHAT IS LAW? A.
Law as Power
B.
Natural Law
C.
Historical Jurisprudence
D.
Utilitarian Law
E.
Analytical Positivism
SOCIOLOGICAL JURISPRUDENCE, LEGAL REALISM, AND LEGAL SOCIOLOGY A.
Sociological Jurisprudence
B.
Legal Realists
C.
Legal Sociologists
OBJECTIVES OF LAW A.
Continuity and Stability
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