krainaksiazek torts contracts and criminal law for law school q and a s on torts contracts and criminal law for law school 20093563
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The Common Law Dover Publications
Książki / Literatura obcojęzyczna
LECTURE I. EARLY FORMS OF LIABILITY. Object of the book Origin of Legal Procedure in the Composition for Vengeance "Subject of this Lecture, Indirect Liability for Servants, Animals &c." A. Mosaic Law B. Greek Law C. Roman Law (a.) Noxa deditio (b.) Personal Liability D. Early German Law E. AngloSaxon Law F. The Common Law: (a.) Master and Servant (b.) Animals (c.) Inanimate things Deodand the Ship and the Admiralty Law G. Conclusion LECTURE II. THE CRIMINAL LAW. A. Vengeance : (a.) As Source of the Criminal Law (b.) As one Object still B. Theories of Punishment : (a.) Reformation (b.) Retribution (c.) Prevention C. "Preventive Theory shows Penal Liability not measured by actual Blameworthiness alone, but by Nonconformity to external Standard based on what would be wrong in average Man" D. Murder Malice = Knowledge of Facts making the Conduct dangerous Exceptional Cases where Man must know at his Peril Murder and Manslaughter E. Manslaughter Provication F. "Malicious Mischief, why actual Malice" G. Arson H. Attempts Intent as making a harmful Result probable from Act otherwise innocent Limit to this I. Larceny is Attempt to deprive Man of his Property permanently K. Burglary Conclusion LECTURE III TORTS.-TRESPASS AND NEGLIGENCE. A. Introduction The Question Two Theories (a.) Liability confined to moral Shortcoming (b.) A Man acts at his Peril Neither sound B. Latter Theory considered : (a.) Argument for a. Analogy ß. Theory ?. Pleading d. Precedent (b.) Argument against a. Analogy ß. Principle and Policy "?. Trespasses upon Land, &c." d Pleading e. Precedent C. Negligence not Judged by personal or moral Standard D. Liability for unintended Harm is determined by what would be Blameworthy in average Man "i. e. by Standard external to the Individual, which tends to become more specific, and to take form of concrete Rules of Conduct" (a.) Process of Specification illustrated a. Statute ß. Decisions "?. Policy apart from Negligence, Rylands v. Fletcher" d Cattle (b.) Bailment (c.) "Evidence of Negligence" (d.) Function of Jury LECTURE IV. "FRAUD, MALICE, AND INTENT.-THE THEORY OF TORTS." Preliminaries A. Moral Element in Wrongs called Intentional : (a.) Deceit (b.) Slander (c.) Malicious Prsecution (d.) Conspiracy (e.) Trover B. Moral Standards adopted only so far as to give Opportunity to avoid inflicting Harm (a.) Some Harms may be done "Risk of others must be taken, but most Cases between these Extremes " (b.) Common Ground of Liability in Tort : Knowledge of Circumstances making conduct dangerous (c.) "What these Circumstances are, determined by Experience" (d.) Function of the Jury C. Examples in which the Circumstances which must be known have been worked out : Trespass to Property Fierce animals "Cattle, &c." "Slander, &c." D. Proximity of Choice to Harm complained of E. Summary of Law of Torts LECTURE V. THE BAILEE AT COMMON LAW. Law of Bailment is Test of theory of Possession A. Early German Law B. English Law after the Conquest closely resembles it (a.) Remedy for converted Chattels is possessory (b.) Transfer by Bailee binds Owner (c.) Inverted Explanation of Bailee's right of Action (d.) True Explanation that our Law regards him as Possessor (e.) Bailee answerable to Bailor if Goods are stolen C. Common Carriers. Survival of ancient Law (a.) "Under Elizabeth, Carriers like other Bailees" (b.) "Change from Detinue to Case introduces Allegation of Assumpsit or Common Calling, even where Ground of Liability is Bailment" (c.) The Custom of the Realm (d.) The Cases examined from Southcote's Case (A. D. 1601) to coggs v. Bernard (A. D. 1703) (Effect of Assumpsit and common Calling) (e.) Bailee's Liability diminished one Way increased another (f.) Public Enemy and the Act of God (g.) Meaning of Lord Holt's View as to Public Calling (h.) Later Changes (i.) Conclusion LECTURE VI. POSSESSION AND OWNERSHIP. A. Why protected B. Fact or Right ? C. Analysis of (a.) Power over Object (b.) Intent a. Criteria of Roman Law rejected ß. Intent to exclude ?. Servants. Digression as to Agents (c.) Power as to Third Persons D. Continuance of possessory Rights E. Possession of Rights F. Consequences of Possession (i. e. Nature of possessory Rights) G. Ownership LECTURE VII. CONTRACT. -I. HISTORY. A. Early Forms of Contract (a.) Promissory Oath (b.) Suretyship and Bail (c.) Debt (d.) Origin of Action B. Consideration (a.) Origin in Debt (b.) "Started from Procedure, and the Nature of the Cases for which the Secta or Witness Proof was provided" (c.) "Magna Charta required Secta for Parol Debts, and thus forbade suits for such Debts except within the traditional Limits of the secta" (d.) "Quid pro quo, Doctrine invented to fit existing Limits of Parol Debt, but applied to other Parol Contracts and in Equity" C. Covenants D. Assumpsit (a.) Transit from Tort on Contract on Ground of Defendant's having intermeddled (b.) New Doctrine of Consideration (c.) Later Influence of Assumpsit on the substantive Law LECTURE VIII. CONTRACT. C. Conditions as to making good the Representations or Undertakings contained in the Contract (a.) Regarding present Facts ; Warranties ; Void and Voidable (b.) Promises LECTURE X. SUCCESSIONS. -I. AFTER DEATH. -II. INTER VIVOS. The Problem, How are Rights or Obligations transferred, when the Facts from which they spring cannot be True of the Transferee (i.e. when the Situation of Fact is not a continuing one capable of Possession) ? It is by a fictitious Identification of the Transferee with his Transferror. I. Successions after Death A. The Executor (a.) The Roman Heir (b.) "The Executor a univeral Successor, "represents Person of Testator" B. The Heir (a.) "At first universal, then singular Successor, "represents Person of Ancestor" (b.) This Persona is the Estate II. Successions Inter Vivos. A. Standing in Seller's Shoes not a necessary Incident on Conveyance B. Early German and Anglo-Saxon Law; Alienability extended by Analogy of Inheritance C. "Roman Law ; Consequences of Identification of Heir with Ancestor extended to Buyer and Seller, to acquire prescriptive Right" D. English Law. Prescription E. Devise LECTURE XI. Successions. -II. INTERVIVOS. A. Warranty (a.) "Direct Benefit of, extended to Assign by Fiction that Assign was quasi Heres" (b.) "Analagy of, extended to modern Covenants for Title" B. Easement (a.) Roman Law (b.) English Law (c.) "The Type of Rights which pass, irrespective of Succession, upon a conflicting Principle" C. Rents (a.) "When Parcel of a Manor, like Easement" (b.) "But contractual Remedies for, only passed by Succession" D. "Prescriptive Rights analogous to Contract, which followed Law of Easement" E. Land bound to Warranty F. "Necessary Meeting and Conflict between Principle of B, C, D, and E and that of A (Succession), illustrated by the Cases" G. Modern Law ; (a.) "The Confusion as to "Covenants running with the Land" due to losing Sight of the Conflict, and to the Attempt to apply both Principles" (b.) Results H. "Other Cases of Successions : Uses, and Trusts"
Książki & Multimedia > Książki
Opis - With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following: principles and practices of constitutional law; administrative law and procedure; civil procedure; courts and special judicial bodies; judicial review; enforcement of foreign judgments; family, succession and inheritance matters; formation and conduct of corporations and partnerships; contract formation, interpretation and termination; environmental protection; harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements; the labour relationship and types of employment contracts; and criminal law and procedure. Each chapter includes its own detailed bibliography. Nazwa - Introduction to Polish Law Autor - S. Frankowski Oprawa - Twarda Wydawca - Wolters Kluwer Kod ISBN - 9789041123312 Kod EAN - 9789041123312 Rok wydania - 2005 Język - angielski Format - 16.5x24.5cm Ilość stron - 422 Podatek VAT - 5%
Law 101 Oxford University Press
Książki / Literatura obcojęzyczna
In each of the first three editions of the bestselling Law 101, Jay Feinman gave readers an upbeat and vivid examination of the American legal system. Since the third edition was published in 2010, much has happened: several key Supreme Court cases have been decided, we've seen sensational criminal trials, and the legal system has had to account for the latest developments in Internet law. This fully updated fourth edition of Law 101 accounts for all this and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To accomplish this, Feinman brings in the most noteworthy, infamous, and often outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is learning legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, though, is that Feinman reveals to readers of all kinds that despite its complexities and quirks, the law is can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system. New to this edition: Featured analysis of: -the Obamacare case -Citizens United -the DOMA decision -the Trayvon Martin case As well as recent legal developments pertaining to: -online contracting -mortgages -police investigations -criminal sentencing
Introduction to Polish Law Kluwer Law International
Książki / Literatura obcojęzyczna
During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities.With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following: - principles and practices of constitutional law; - administrative law and procedure; - civil procedure; - courts and special judicial bodies; - judicial review; - enforcement of foreign judgments; - family, succession and inheritance matters; - formation and conduct of corporations and partnerships; - contract formation, interpretation and termination; - environmental protection; - harmonizing Polish economic law with EU standards; - competition law and regulatory framework of market processes; - special regulation of energy, telecommunications and financial markets; - copyrights, patents, utility models and industrial designs; - licence agreements; - the labour relationship and types of employment contracts; and, - criminal law and procedure.Each chapter includes its own detailed bibliography.English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fi
Książki>Prawo i administracja>PrawoKsiążki>Podręczniki / Edukacja>Podręczniki akademickie. SkryptyKsiążki>Poradniki>Wydawnictwa praw...
With Eleven Lucid Chapters Written By Fifteen Academic Experts From The Warsaw University School Of Law And Administration, Each In His Or Her Respective Field Of Law, This Deeply Informed But Succinct And Practical Volume Is The Ideal Starting Point For Research Whenever A Question Of Polish Law Arises. The Authors Clearly Explain The Legal Concepts, Customs And Rules Surrounding Such Essential Elements As The Following: principles And Practices Of Constitutional Law; administrative Law And Procedure; civil Procedure; courts And Special Judicial Bodies; judicial Review; enforcement Of Foreign Judgments; family, Succession And Inheritance Matters; formation And Conduct Of Corporations And Partnerships; contract Formation, Interpretation And Termination; environmental Protection; harmonizing Polish Economic Law With EU Standards; competition Law And Regulatory Framework Of Market Processes; special Regulation Of Energy, Telecommunications And Financial Markets; copyrights, Patents, Utility Models And Industrial Designs; licence Agreements; the Labour Relationship And Types Of Employment Contracts; And criminal Law And Procedure. Each Chapter Includes Its Own Detailed Bibliography.
Książki & Multimedia > Książki
Nazwa - Temperówka kum z pojemnikiem fluorescencyjna 210K Fish Wydawca - KUM Kod ISBN - 4064900016314 Kod EAN - 4064900016314 Podatek VAT - 23%
Decision-aiding Software and Legal Decision-making Greenwood Press
Książki / Literatura obcojęzyczna
The use of microcomputers as decision aids in law practice is increasing rapidly. Nagel here shows how developments in software over the last few years are making microcomputers practically indispensable to lawyers as decision aids. This is in contrast to his earlier book on Microcomputers as Decision Aids in Law Practice. It dealt speculatively with ways in which decision-aiding software could be used by lawyers for judicial prediction, litigation strategy, allocating scarce resources, and negotiation-mediation. The book is divided into three parts covering general developments, specific lawyer skills, and application to all fields of law. The first part previews various uses of decision-aiding software by practicing lawyers, including a general discussion of the potential and actual benefits of such software. How decision-aiding software enhances specific lawyer skills comprises the second and largest part of the work. Among the topics discussed are computer-aided counseling, computer-aided mediation, legal policy evaluation and computer-aided advocacy, law prediction, and legal administration. In the third part, Nagel assesses applications of decision-aiding software to all fields of law, with an emphasis on contracts, property, torts, family law, criminal law, constitutional law, economic regulation, international law, civil procedure, and criminal procedure. In a provocative concluding chapter, he deals with the thorny issues of individual ethics and professional responsibility in the context of microcomputers. Because decision-aiding software encourages decision makers to be much more explicit about their goals than they otherwise would be, its use raises questions as to whose goals should be pursued and to what degree. This is a nuts-and-bolts guidebook that will be a valuable tool for practicing attorneys with some knowledge of microcomputers and is recommended reading for legal scholars and law students.
Książki / Literatura obcojęzyczna
One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987. Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law. Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are.
Cyberlaw National & International Perspectives Prentice Hall
Prawo, akty prawne
The text is designed as a basic course in the legal aspects of Internet law (cyberlaw) to be taken by undergraduate and graduate students in diverse disciplines. There are no prerequisites of extensive prior legal knowledge but rather assumes only a very basic knowledge of general legal principles.The text is comprehensive and covers all of the generally recognized major areas of the subject matter. Among the subjects covered is a basic understanding of the Internet, jurisdiction, contracts, torts, crimes, intellectual property in considerable detail, privacy, antitrust, securities, and the taxation of Internet sales. The text is broad enough to be used in a law school curriculum.Cases-Each chapter contains an average of four to six leading cases. Each case is followed by several thought provoking questions requiring an analysis of the data discussed therein. At the end of each chapter are a series of some ten questions, half of which are additional cases that students can research and respond to. Assists students in comprehending the importance and substance of current Internet law. Ex.___Current coverage-Covers UCITA (Uniform Computer Information Transactions Act). Provides students with the most current Act that students should be acquainted with in order to apply Internet contracts to commercial practices. Ex.___International coverage-International aspects of cyberlaw are discussed in each chapter rather than being covered in an isolated chapter of the text. Enables students to integrate global coverage as each subject is discussed rather than learning about it at the conclusion of the course, when it will have the least impact. Ex.___Additional resources-The text contains numerous additional cases that amplify the subject matter under discussion. Practical applications of cyberlaw are included in many sections of the text. A detailed bibliographic reference is appended for further research. Provides students with exposure to the many facets to which the subject matter entails and extends. Ex.___Author supported website-The Companion Website will be maintained by the author wherein the latest developments in computer law will be highlighted. The latest cases, appeals, etc., with discussion questions. International developments will be particularly highlighted on the website. Additionally, the website will amplify and be responsive to questions asked by the reader. Provides students with constant updates of the latest developments in this fast-changing legal field. Ex.___
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