The Handy Law Answer Book (The Handy Answer Book Series)

432 Pages·2010·5.06 MB·English

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Hudson
Navigate the Law,
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the History, the Theory,
the Cases … the System
HANDY
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Everyday we encounter the rules of law—from the time we H
decide to get married, or perhaps divorced, to making E
purchases with our credit cards or dealing with bank-
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ruptcy. Who couldn’t use a legal primer that answers hundreds
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of questions related to the history and practice of law in the
United States? Let The Handy Law Answer Book help you navigate N
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the system. D
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You’ll learn how to find a lawyer; what happens when you

file a lawsuit or are sued by someone; what your rights in the L
workplace are; and what you can expect when you have your A
day in court. Plus, you’ll get tips on how to read those legal cita- W
tions, as well disover some fascinating—and quirky—legal cases.

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Combining practical legal tips with an exhaustive overview
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of the law in the United States, The Handy Law Answer Book
AN SWE R
provides a history of the U.S. legal system, including the per- S
sonalities who shaped it. You’ll get an introduction to various W
laws, important cases, court opinions, and how they all might
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affect you.
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You’ll find answers to more than 800 questions, including…
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• Where did the word “tort” come from?
O BOOK
• How are state court judges selected?
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• Where did the first U.S. Supreme Court meet?
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• How does the law define “marriage”?
• What should you do if facing too much debt?
Understanding the Law
• What is a “wobbler”?
Navigating the Legal System
Law/History
$21.95 US, $24.95 Canadian David L. Hudson Jr.
978-1-57859-217-3
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About the Author
David L. Hudson Jr.is the author or co-author of over two
dozen books, including The Handy Supreme Court Answer
Book(Visible Ink Press, 2007), The Rehnquist Court: Under-
standing Its Impact and Legacy(Praeger, 2006), and (as co-
editor with John Vile and David Schultz) The Encyclopedia of
the First Amendment (CQ Press, 2008). He works as First
Amendment Scholar for the First Amendment Center and
teaches classes at Vanderbilt Law School, Nashville School of
Law, and Middle Tennessee State University. Hudson earned his undergraduate degree
from Duke University and his law degree from Vanderbilt Law School. He resides in
the Middle Tennessee area with his wife, Carla, and two dogs, Gloria and Gucci.
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THE
HANDY
LAW
ANSWER
BOOK
Handy Law FM 2/8/10 11:03 AM Page iv
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THE
HANDY
LAW
AN SWE R
BOOK
David L. Hudson Jr.
Detroit
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THE Copyright © 2010 by Visible Ink Press®
This publication is a creative work fully protected by all applicable copy-
HANDY right laws, as well as by misappropriation, trade secret, unfair competi-
tion, and other applicable laws.
No part of this book may be reproduced in any form without permission
LAW
in writing from the publisher, except by a reviewer who wishes to quote
brief passages in connection with a review written for inclusion in a maga-
zine, newspaper, or website.
ANSWER
All rights to this publication will be vigorously defended.
Visible Ink Press®
BOOK
43311 Joy Rd., #414
Canton, MI 48187-2075
Visible Ink Press is a registered trademark of Visible Ink Press LLC.
Most Visible Ink Press books are available at special quantity discounts
when purchased in bulk by corporations, organizations, or groups. Cus-
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Director, Visible Ink Press, www.visibleink.com, or 734-667-3211.
Managing Editor: Kevin S. Hile
Art Director: Mary Claire Krzewinski
Typesetting: Marco Di Vita
Proofreader: Sharon Malinowski
ISBN 978-1-57859-217-3
Cover images: iStock.com.
Library of Congress Cataloguing-in-Publication Data
Hudson, David L., 1969–
The handy law answer book / by David L. Hudson Jr. — 1st ed.
p. cm. — (Handy answer book series)
Includes bibliographical references and index.
ISBN 978-1-57859-217-3
1. Law—United States—Outlines, syllabi, etc. I. Title.
KF386.H82 2010
349.73—dc22 2010000201
Printed in the United States of America
10 9 8 7 6 5 4 3 2 1
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Contents
ACKNOWLEDGMENTS xi
INTRODUCTION xiii
CONSTITUTIONAL CRIMINAL PROCEDURES
LAW … 1 … 143
The U.S. Constitution … History of the U.S. The Criminal Process … Trial Process …
Constitution … Key Concepts and Structure Sentencing … Appeals … Juvenile
of the Constitution … Legislative Branch … Defendants
Executive Branch … Judicial Branch … State
Constitutions
CREDIT AND BANKRUPTCY
LAW … 191
THE BILL OF RIGHTS AND
14TH AMENDMENT … 37 Loans … Debt Collectors and the Law …
Bankruptcy … Chapter 13
First Amendment … Second Amendment …
Third and Fourth Amendments … Fifth
Amendment … Sixth Amendment … Seventh EMPLOYMENT LAW … 215
Amendment … Eighth Amendment … Ninth
At-Will Employment … Employment
and Tenth Amendments … Fourteenth
Discrimination … Title VII … Religious
Amendment
Discrimination … Retaliation … Age
Discrimination … Disability Discrimination
THE COURT SYSTEM … 89
… Employee Compensation … Workers
Compensation Law … Other Employment
The Supreme Court Term … Judiciary Act of
Law Considerations
1789 … State Courts
LAWYERS FAMILY LAW … 271
AND LAWSUITS … 117
Marriage … Pre-Marital Agreements …
Becoming a Lawyer … Finding a Lawyer … Divorce … Alimony … Child Custody …
Lawsuits Child Support … Paternity … Adoption vii
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PERSONAL INJURY
LAW … 307
Negligence … Professional Negligence …
Other Torts … Product Liability
APPENDIX A: EXPLANATION OF CASE
AND STATUTE CITATIONS … 349
APPENDIX B: THE CONSTITUTION
OF THE UNITED STATES OF
AMERICA … 353
APPENDIX C: ONLINE
RESOURCES … 371
GLOSSARY … 381
INDEX … 395
viii
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To three great lawyers:
Steve Waldron, Terry Fann, and
“King” Richard Sebastian.