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Law 101: Know Your Rights, Understand Your Responsibilities, and Avoid Legal Pitfalls » (Updated & Expanded)

Book cover image of Law 101: Know Your Rights, Understand Your Responsibilities, and Avoid Legal Pitfalls by Brien Roche

Authors: Brien Roche
ISBN-13: 9781402226687, ISBN-10: 1402226683
Format: Paperback
Publisher: Sourcebooks, Incorporated
Date Published: August 2009
Edition: Updated & Expanded

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Author Biography: Brien Roche

Brien A. Roche is a practicing attorney in Virginia, Maryland, and Washington, D.C. He has been practicing law since 1976. He is a graduate of Georgetown University and a graduate of the George Washington University Law School. After college, he served in the United States Marine Corps, and thereafter served as a patrol officer with the Washington, D.C. police department (known as the Metropolitan Police Department of Washington, D.C.).

Since 1976, Mr. Roche has been engaged in the general practice of law in the tri-state area surrounding Washington, D.C. Licensed in Virginia, Maryland, and the District of Columbia, his litigation practice incorporates all facets of the law.

He is the author of two professional legal texts that are published by Lexis Publishing Company. The Virginia Tort Case Finder, is a title well-recognized by Virginia lawyers and judges. The second book, The Virginia Domestic Relations Case Finder, is a must-have reference for all family law practicioners in the state of Virginia.

In addition, Mr. Roche has also authored several articles in legal publications and has lectured at numerous continuing legal education seminars around the state of Virginia.

Book Synopsis

No home reference shelf is complete without this indispensible guide. The new edition of Law 101 also includes information on legal subjects that have become more important recently, including alternative dispute resolution, privacy rights, and Internet law.

Table of Contents

Prefacexiii
Section 1Where Our Laws Come From
Chapter 1Constitutional Law3
The U.S. Constitution is a Compact
The Articles of the Constitution
The Bill of Rights
The Fourteenth Amendment
Other Amendments
State Constitutions
Chapter 2Statutory Law11
Preemption
Codes
Chapter 3Case Law15
Federal Courts
Types of Cases
State Courts
Case Law
The Status of the Court
Chapter 4Administrative Law27
Rule Making Process
Code of Federal Regulations
State Rules
Rules for the Legal Profession
Legal Analysis
Section 2The Court System
Chapter 5Civil Litigation35
Civil Justice in the State Court System
Filing Suit
Serving the Suit Papers
Response by the Defendant
Discovery
Pretrial and Trial
Voir Dire
Opening Statement
Presentation of Evidence
Jury Instructions
Verdict
Posttrial Motions
Appeal
Court Rules
Civil Justice in the Federal Court System
Personal Jurisdiction
State Court vs. Federal Court
Chapter 6Criminal Law and Procedure61
Constitutional Protections
Exclusionary Rule
Criminal Procedure
Probable Cause
Warrants
Miranda Rights
Judicial Review of Arrest
Prosecutors
First Court Appearance
Pleas
Pretrial Proceedings
Felonies and Misdemeanors
Discovery
Privilege
Jury Trial
Right of Confrontation
Standard of Proof
Sentencing
Appeal
Double Jeopardy
Habeas Corpus
Criminal Justice in the Federal Court System
Chapter 7Criminal Law and Specific Crimes79
Murder
Personal Crimes and Victimless Crimes
Property Crimes
Intent
Strict Liability and Vicarious Liability
Actus Reus
Attempted Crime
Solicitation
Accessories
Conspiracy
Defenses
Chapter 8Juvenile Law89
Teen Rights
Parental Responsibility
Chapter 9What to Expect if Called as a Juror93
Chapter 10What to Expect if Called as a Witness97
Section 3Areas of the Law
Chapter 11Contracts101
Offer and Acceptance
Consideration
Auctions
Uniform Commercial Code (UCC)
Statute of Frauds
Defenses to Contracts
Parol Evidence
Conditions to Performance
Payment of Attorney's Fees
Material Breach
Other Contract Theories
Recoverable Damages
Liquidated Damages
Equitable Relief
Checklist for Contracts
Chapter 12Torts117
Negligence
Motor Vehicle Accident
Premises Liability
Product Liability
Professional Liability
Standard of Care
Children
Attractive Nuisance
Res Ipsa Loquitur
Vicarious Liability
Strict Liability
Intentional Torts
Damages
Joint and Several Liability
Comparative and Contributory Negligence
Defenses
Immunities
Wrongful Death Actions
Chapter 13Domestic Relations137
Marriage
Annulment
Divorce
Grounds
Corroboration Requirement
Defenses
Custody
Change of Custody
Adoption and Paternity
Child Support
Spousal Support
Property Division
Prenuptial and Property Settlement Agreements
Chapter 14Landlord/Tenant Rights147
Leases
Chapter 15Estates and Probate151
Probating a Will
Executor
Taxes
Guardianship, Power of Attorney, and Trust
Living Will and Advance Medical Directive
Chapter 16Taxes159
Federal Taxes
State Taxes
IRS
Chapter 17Real Estate165
Determining Title
Adverse Possession
Real Estate Contracts
Chapter 18Business Organization177
Sole Proprietorships
Partnerships
Corporations
Limited Liability Companies and Limited Liability Partnerships
Chapter 19Bankruptcy183
Chapter 7
Chapter 11
Chapter 13
Chapter 20Employment191
Discrimination
Federal Laws
At-Will Employment
Overtime and Minimum Wage
Unemployment
Severence and Lay-offs
Chapter 21Workers' Compensation199
Claims
Benefits
Complex Injuries
Third Party Claims
Second Injury Fund and Uninsured Employer Fund
Chapter 22Insurance207
Automobile Insurance
Life Insurance
Health Insurance
Homeowners Insurance
Malpractice Insurance
Insurance Agents
Chapter 23Eminent Domain and Zoning213
Zoning
Chapter 24Liens217
Mechanic's Lien
Garagekeeper's Lien
Innkeeper's Lien
Domestic Relation's Lien
Attorney's Lien
Tax Lien
Secured Transaction
Conclusion221
Glossary223
Index231
About the Author241

Subjects