Study Guide to Accompany Introduction to Law F O U R T H E D I T I O N Beth Walston-Dunham Australia Canada Mexico Singapore Spain United Kingdom United States WEST LEGAL STUDIES Study Guide to Accompany Introduction to Law, Fourth Edition by Beth Walston-Dunham COPYRIGHT © 2004 by Delmar Learning. West Legal any form or by any means—graphic, electronic, or me- Studies is an imprint of Delmar Learning, a division of chanical, including photocopying, recording, taping, Thomson Learning, Inc. Thomson Learning™ is a Web distribution or information storage and retrieval trademark used herein under license systems—without written permission of the publisher. 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C O N T E N T S The “Introduction to Law” Text and C H A P T E R 4 Study Guide vi The Executive Branch and Study Hints vii Administrative Authority 13 CONCEPT SUMMARY 13 C H A P T E R 1 RELEVANT TERMS 14 The Historical Basis and Current APPLICATION OF CONCEPTS 15 Structure of the American Legal System 1 CONCEPT SUMMARY 1 C H A P T E R 5 The Legal Professional 16 RELEVANT TERMS 2 APPLICATION OF CONCEPTS 3 CONCEPT SUMMARY 16 RELEVANT TERMS 17 C H A P T E R 2 APPLICATION OF CONCEPTS 17 The Courts 5 REVIEW QUESTIONS 18 CONCEPT SUMMARY 5 RELEVANT TERMS 6 C H A P T E R 6 The Law of Ethics 19 APPLICATION OF CONCEPTS 7 CONCEPT SUMMARY 19 C H A P T E R 3 APPLICATION OF CONCEPTS 19 Legislation 9 CONCEPT SUMMARY 9 RELEVANT TERMS 10 APPLICATION OF CONCEPTS 10 iii iv CONTENTS C H A P T E R 7 C H A P T E R 1 2 Substantive and Procedural The Law of Business 44 Issues 21 CONCEPT SUMMARY 44 CONCEPT SUMMARY 21 RELEVANT TERMS 45 RELEVANT TERMS 23 APPLICATION OF CONCEPTS 46 APPLICATION OF CONCEPTS 23 C H A P T E R 1 3 C H A P T E R 8 Estates and Probate 48 Jurisdiction 26 CONCEPT SUMMARY 48 CONCEPT SUMMARY 26 RELEVANT TERMS 49 RELEVANT TERMS 28 APPLICATION OF CONCEPTS 50 APPLICATION OF CONCEPTS 29 C H A P T E R 1 4 C H A P T E R 9 Criminal Law 51 The Law of Contracts 31 CONCEPT SUMMARY 51 CONCEPT SUMMARY 31 RELEVANT TERMS 52 RELEVANT TERMS 32 APPLICATION OF CONCEPTS 53 APPLICATION OF CONCEPTS 33 C H A P T E R 1 5 C H A P T E R 1 0 Criminal Procedure 55 Property Law 35 CONCEPT SUMMARY 55 CONCEPT SUMMARY 35 RELEVANT TERMS 55 RELEVANT TERMS 37 APPLICATION OF CONCEPTS 56 APPLICATION OF CONCEPTS 38 C H A P T E R 1 6 C H A P T E R 1 1 Family Law 58 Torts 40 CONCEPT SUMMARY 58 CONCEPT SUMMARY 40 RELEVANT TERMS 60 RELEVANT TERMS 41 APPLICATION OF CONCEPTS 61 APPLICATION OF CONCEPTS 42 Contents v Review Questions 63 CHAPTER 10 72 CHAPTER 1 63 CHAPTER 11 73 CHAPTER 2 64 CHAPTER 12 74 CHAPTER 3 65 CHAPTER 13 75 CHAPTER 4 66 CHAPTER 14 76 CHAPTER 5 67 CHAPTER 15 77 CHAPTER 6 68 CHAPTER 16 78 Answer Key 79 CHAPTER 7 69 CHAPTER 8 70 CHAPTER 9 71 T H E “ I N T R O D U C T I O N T O L A W ” T E X T A N D S T U D Y G U I D E The goal of the Introduction to Lawtext is to provide a basic understanding of the American legal system from a variety of perspectives, both civil and criminal. Additionally, the preliminary chapters focus on how law is actually created by the various branches of government. It is intended that the course lay a solid foundation for those intending to pursue advanced legal courses and to provide a functional appreciation for students of other disciplines with regard to the impact of the legal system on those disciplines. The text is arranged in a progressive format beginning with essential history and the working structure of the government. The focus then turns to procedural issues in the courts and specific concepts of basic cat- egories of law, e.g., contract law, property, etc. Chapters 5 and 6 examine the roles of various legal profes- sionals and the effect of legal ethics on the practice of law. Next, attention is given to the distinctive characteristics of criminal law and procedure. While the Introduction to Lawtext is ambitious with respect to the amount of information presented, the student should keep in mind that the focus is introductory in nature and that frequent use of supplementary materials such as the Study Guide should make the amount and depth of material manageable. vi S T U D Y H I N T S Having taught the course “Introduction to Law” for many years, I have developed certain strategies that have proven to be effective for students. I have included many of these below in the hope that they will assist you as the student in completing this course successfully. 1. Utilize the Study Guide materials for reinforcement of content. Each section has a specific method to assist you as the student in undertaking the objectives of the text. Completion of these sections should be effective tools for study and test preparation. A. The Concept Summarysection for each chapter should enable you to make a complete yet concise outline of the major points addressed. The Relevant Termssection allows you to test your comprehension of the legal terminology that is frequently encountered in the particular subject of law. The Application of Conceptssection illustrates realistic examples of the basic principles addressed in each chapter. Finally, the Review Questions,at the back of the Study Guide, test your comprehension and ability to employ the concepts and terms introduced in the text. Answers to the Relevant Terms section can be located by referring to the Glossary in the main text. Answers to the Review Questions are located in the back of the Study Guide. 2. Tips for effective use of classroom time: A. Do not try to write down everything you hear. Focus on noting those items that merit much discussion and/or are also mentioned in the text. B. Pay close attention to the information given by the instructor. If the textual material is read in advance of any lecture or discussion, the amount of notes required can be significantly reduced, thus allowing more concentration on the notes given by the instructor. C. A particularly effective method of notetaking for some students is the split page. Rather than making notes within the text when reading, keep brief notes of major points, or at least page references to these points, in a column on the left side of your notepaper. Preferably, this is done in advance of the scheduled lecture on the material. During class, use the right side of the page to take notes on materials you may not previously have acknowledged as significant. You can also asterisk or supplement your text notes on topics to which the instructor gives particular attention. By doing this, you are able to combine your notes into a single source, reduce the amount of notes taken in class, identify text items to which the instructor assigns importance, and confine the materials you will need to study prior to testing to your notes and the Study Guide supplemented by the text. D. Ask questions pertinent to the subject at hand. Discussion of concepts is one of the best methods to establish a clear and lasting understanding of the principles in the text. The old adage that there is no such thing as a stupid question is still true. In all my years of teaching, I can honestly say that a student never asked a stupid question when the question was aimed toward gaining a better understanding of such a complex subject as law. However, keep in mind that while the subjects addressed in the book often have a personal relevance to you, this is true of every student and the purpose of the course and text is not to address personal legal issues, which are all influenced by unique circumstances. Confine your questions to those that promote understanding of the concepts and not application to your individual situation. Remember, neither you nor the other students have paid tuition to have personal cases analyzed. Secondly, the course is introductory in nature and does not generally take into account the application of law to highly specific circumstances. vii viii STUDY HINTS E. If you are uncomfortable with your level of understanding of the course content, complete the assignments and review questions in the text and the materials in the Study Guide (preferably in advance of the scheduled lecture on the material). F. Try to arrange to study with at least one other student in the class at least once per week to go over the material and exchange questions and perceptions. G. Prepare a study plan that realistically allows you regular quality time to go over the materials. Your comprehension and overall performance stand a much better chance than last minute cramming, which is not only difficult but stressful, and can ultimately impair your performance. You will be amazed at what even fifteen minutes each day will yield. But, be sure this time is dedicated to study rather than coupled with driving to work, meal preparation, or as an attempted sleep aid. I remember doing all of these and even recall wondering at the conclusion of law school what it would be like to wake up without the sound of books and papers rustling in the bed. I also recall that my most productive and efficient studying was done at a reasonable hour, in a well-lit room, without distraction. 3. Go over the syllabus in detail and discuss items with the instructor, such as the method of instruction, grading procedures, and any particular expectations the instructor may have regarding the classroom format, assignments, or testing. If you have a clear perception of the direction of the course, completion with success is much more easily attained. C H A P T E R 1 The Historical Basis and Current Structure of the American Legal System CONCEPT SUMMARY Prepare a brief response to each of the following questions. 1. What was the purpose of the first laws in the colonies? 2. What caused the development of colonial governments and civil law? 3. Why did the colonies decide to form a national government? 4. How was the initial form of national government established? 5. Compare the characteristics of the Articles of Confederation and the Constitution. 6. What was the purpose of the Bill of Rights? 7. List and describe the three branches of government under the Constitution. 8. What is the naturalist theory and how is it represented in the American legal system? 1 2 CHAPTER 1 9. What is the sociological theory and how is it represented in the American legal system? 10. What is the positivist theory and how is it represented in the American legal system? 11. What is a legal standard? 12. What is precedent? 13. What is the literal and functional meaning of stare decisis? 14. What is the traditional balance in the American legal system? 15. What is the modern balance in the American legal system? RELEVANT TERMS Match the proper term to the definition. modern balance administrative law administrative branch naturalist theory stare decisis precedent cases sociological theory common law traditional balance judiciary case law legislative branch positivist theory statutory law legal standard ____________________________________ —Administrative agencies created pursuant to legislation, and overseen by the executive branch to administer and define statutes. ____________________________________ —Regulations and decisions that explain and detail statutes. Such regulations and decisions are issued by administrative agencies.