Author: Joseph G. Cook
Release Date: 2014-06-04
Criminal Procedure reflects a balanced blend of conventional casebook style, practice problems, concise text, and sample forms and documents that stresses the interplay of constitutional principles and practical considerations that confront both prosecution and defense attorneys. The organizational structure of previous editions is retained and three major subject areas are explored in depth: • Arrest, Search, and Seizure; • Right to Counsel; and • Confessions The book contains a host of new and quite fascinating materials related to recent decisions from the Supreme Court. Cases involving the construction of the good faith exception to the exclusionary rule, a rethinking of the car search doctrine, reaffirmation of the McNabb / Mallory rule, and numerous others, will contribute to interesting discussions with students. This book is designed to promote a high-quality classroom experience. Lengthy Supreme Court decisions have been substantially edited, although the "flavor" of the constitutional views of the various Justices has been retained. The insertion of sample forms is intended to illustrate the manner in which Supreme Court edict has filtered down to work-a-day law enforcement and prosecution. Problems, for the most part extracted from lower court decisions, serve to demonstrate the vague parameters of Supreme Court pronouncements while providing the student with an engaging and practical approach to understanding, analyzing, and applying the doctrine. This eBook features links to Lexis Advance for further legal research options.
Author: Donald Dripps
Publisher: Foundation Press
Release Date: 2016-12-16
This title is a part of our CasebookPlus™ offering as ISBN 9781683284666. Learn more at CasebookPlus.com. The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes: Full case treatment of Johnson v. United States, illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations; Full case treatment of Elonis v. United States, 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear; Full case treatment of Rosemond v. United States, 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability; Full case treatment of Hurst v. Florida, 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment; The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia, a manifested "willingness" definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented; Full case treatment of State v. J.W., Jr., 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process; Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo. With respect to criminal procedure, the new edition includes: Full case treatment of Riley v. California, 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest, A thoroughly revised section on constitutional remedies in police practices cases, Illustrating the exceptions to the exclusionary rule with United States v. Rose, 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and Utah v. Strieff, 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and The text of 42 U.S.C. �14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.
Author: James E. Krier
Publisher: Gilberts Law Summaries
Release Date: 2006
The subjects discussed in this outline are possession (including wild animals, bailments, and adverse possession), gifts and sales of personal property, freehold possessory estates, and future interests (including reversion, possibility of reverter, right of entry, executory interests, and rule against perpetuities). Also included are tenancy in common, joint tenancy, and tenancy by the entirety, condominiums, cooperatives, marital property, landlord and tenant, and easements and covenants. This outline also covers nuisance, rights in airspace and water, right to support, zoning, eminent domain, sale of land (including mortgage, deed, and warranties of title), and methods of title assurance
Author: Arnold H. Loewy
Publisher: West Academic
Release Date: 2009
Gain an overview and develop perspective on the extensive area of criminal law. Organized into eight sections for quick reference. Expert discussion explores punishment, specific crimes, and the ingredients of a crime such as mens rea and actus reus. Features special defenses and the burden of proof. Covers inchoate and group criminality. Also reflects on the limitations of criminal law.
Author: Wayne R. LaFave
Publisher: West Academic
Release Date: 2011
This title is a part of our CasebookPlus(tm) offering as ISBN 9781634595247. Learn more at CasebookPlus.com. This law school casebook is intended for use in a basic course on the substantive criminal law. The major emphasis in this casebook is upon what is usually referred to as the "general part" of the criminal law, mental state and act, responsibility, justification and excuse, inchoate crimes and liability for the conduct of another. There is also special emphasis upon the actual and potential contributions of the legislative branch in resolving the difficult policy questions that exist in this field. This fifth edition differs from its predecessor largely in the addition to the Notes and Questions throughout the book of many excerpts from newer cases and law review writings. More than sixty new article excerpts were also added.
Author: Melvin A. Eisenberg
Publisher: Gilberts Law Summaries
Release Date: 2002-01-01
This Contracts outline discusses consideration (including promissory estoppel and moral or past consideration), mutual assent, defenses (including mistake, fraud, duress, unconscionability, statute of frauds, and illegality), third-party beneficiaries, and assignment of rights and delgation of duties. It also covers conditions, substantial performance, material v. minor breach, anticipatory breach, impossibility, discharge, and remedies (including damages, specific performance, and liquidated damages).
Author: Fleming James
Release Date: 2001-01-01
The Fifth Edition continues to provide a summary but thorough survey of all the topics regularly included in Civil Procedure courses. New subjects are examined including alternative dispute resolution, attorney fees and litigation costs, and preliminary relief. This edition discusses such matters as transnational aspects of litigation, comparative civil procedure, the settlement class action controversy, and the decline of the Federal Rules ethos reflected in such developments as the proliferation of local rules, congressional rulemaking, and special procedures for certain kinds of litigation.
Author: Joshua Dressler
Publisher: West Academic Publishing
Release Date: 2012
This popular casebook, through the selection of classic and modern cases, provides an excellent tool for teaching students the common law foundations of the criminal law and modern statutory reform, including the Model Penal Code. Along the way, the casebook considers modern controversies (e.g., "shaming" punishment, rape law, self-defense by battered women, euthanasia, the role of culture in determining culpability), and creatively uses literature (e.g., examining insanity through Edgar Allen Poe's The-Tell Tale Heart) and even "brain teasers" to confront (as the Preface states) "the Big Questions . . . that philosophers, theologians, scientists, and poets, as well as lawyers, have grappled with for centuries." Professor Stephen Garvey (Cornell) joins the casebook beginning with this new edition. The Sixth Edition, as in the past, includes some new cases, as well as updates in the notes that bring current issues of criminal law to the fore.
The topics discussed in this criminal law outline are elements of crimes (including actus reus, mens rea, and causation), vicarious liability, complicity in crime, criminal liability of corporations, and defenses (including insanity, diminished capacity, intoxication, ignorance, and self-defense). Also included are inchoate crimes, homicide, other crimes against the person, crimes against habitation (including burglary and arson), crimes against property, offenses against the government, and offenses against the administration of justice.
Author: Charles P. Nemeth
Publisher: CRC Press
Release Date: 2011-11-16
In order to fully grasp criminal law concepts, students must go beyond mere rote memorization of the penal code and attempt to understand where the laws originate from and how they have developed. Criminal Law, Second Edition blends legal and moral reasoning in the examination of crimes and explores the history relating to jurisprudence and roots of criminal law. It fosters discussions of controversial issues and delivers abridged case law decisions that target the essence of appellate rulings. Grounded in the model penal code, making the text national in scope, this volume examines: Why the criminal codes originated, and the moral, religious, spiritual, and human influences that led to our present system How crimes are described in the modern criminal justice model The two essential elements necessary for criminal culpability: actus reus (the act committed or omitted) and mens rea (the mind and intent of the actor) Offenses against the body resulting in death, including murder, manslaughter, felony murder, and negligent homicide Nonterminal criminal conduct against the body, including robbery, kidnapping, false imprisonment, assault, and hate crimes Sexual assault, rape, necrophilia, incest, and child molestation Property offenses, such as larceny/theft, bribery, forgery, and embezzlement Crimes against the home, including burglary, trespass, arson, and vandalism The book also examines controversial public morality issues such as prostitution, drug legalization, obscenity, and pornography. The final two chapters discuss inchoate offenses, where the criminal act has not been completed, and various criminal defenses such as legal insanity, entrapment, coercion, self-defense, and mistake of fact or law. Important keywords introduce each chapter, and discussion questions and suggested readings appear at the end of each chapter, prompting lively debate and further inquiry into a fascinating subject area that continues to evolve.
Author: Elizabeth Angus
Publisher: Cengage Learning
Release Date: 2012-12-20
The Professional Paralegal Workbook is a reference that was conceived out of necessity. Many paralegal books lack certain subject matter and can be unwieldy as a general reference and exercise book for professionals and students. This book was developed to bridge those gaps. One area that is thoroughly covered is criminal, tort and contract law. The book includes chapters on these subjects that examine the essential elements of the law and include discussion points to facilitate further exploration. There are also exercises designed to be used either in discussions, as a study methods, or as review. The book functions as a launch pad for discussions and creates many opportunities for the reader to review material covered, allowing for a full understanding. The range of subject matter is attractive to most general law courses and is applicable to both the paralegal market and the undergraduate pre-law course. The concise yet thorough treatment of substantive law issues is coupled with interactive and hands-on exercises and discussions. Legal analysis, writing and research are covered in addition to the treatment of substantive law. The workbook is an interactive, portable book that professionals, students, and instructors can easily utilize in the office, classroom, or home study environment. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.