Authors: Brien Roche
ISBN-13: 9781402226687, ISBN-10: 1402226683
Format: Paperback
Publisher: Sourcebooks, Incorporated
Date Published: August 2009
Edition: Updated & Expanded
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.
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.
Preface | xiii | |
Section 1 | Where Our Laws Come From | |
Chapter 1 | Constitutional Law | 3 |
The U.S. Constitution is a Compact | ||
The Articles of the Constitution | ||
The Bill of Rights | ||
The Fourteenth Amendment | ||
Other Amendments | ||
State Constitutions | ||
Chapter 2 | Statutory Law | 11 |
Preemption | ||
Codes | ||
Chapter 3 | Case Law | 15 |
Federal Courts | ||
Types of Cases | ||
State Courts | ||
Case Law | ||
The Status of the Court | ||
Chapter 4 | Administrative Law | 27 |
Rule Making Process | ||
Code of Federal Regulations | ||
State Rules | ||
Rules for the Legal Profession | ||
Legal Analysis | ||
Section 2 | The Court System | |
Chapter 5 | Civil Litigation | 35 |
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 6 | Criminal Law and Procedure | 61 |
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 7 | Criminal Law and Specific Crimes | 79 |
Murder | ||
Personal Crimes and Victimless Crimes | ||
Property Crimes | ||
Intent | ||
Strict Liability and Vicarious Liability | ||
Actus Reus | ||
Attempted Crime | ||
Solicitation | ||
Accessories | ||
Conspiracy | ||
Defenses | ||
Chapter 8 | Juvenile Law | 89 |
Teen Rights | ||
Parental Responsibility | ||
Chapter 9 | What to Expect if Called as a Juror | 93 |
Chapter 10 | What to Expect if Called as a Witness | 97 |
Section 3 | Areas of the Law | |
Chapter 11 | Contracts | 101 |
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 12 | Torts | 117 |
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 13 | Domestic Relations | 137 |
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 14 | Landlord/Tenant Rights | 147 |
Leases | ||
Chapter 15 | Estates and Probate | 151 |
Probating a Will | ||
Executor | ||
Taxes | ||
Guardianship, Power of Attorney, and Trust | ||
Living Will and Advance Medical Directive | ||
Chapter 16 | Taxes | 159 |
Federal Taxes | ||
State Taxes | ||
IRS | ||
Chapter 17 | Real Estate | 165 |
Determining Title | ||
Adverse Possession | ||
Real Estate Contracts | ||
Chapter 18 | Business Organization | 177 |
Sole Proprietorships | ||
Partnerships | ||
Corporations | ||
Limited Liability Companies and Limited Liability Partnerships | ||
Chapter 19 | Bankruptcy | 183 |
Chapter 7 | ||
Chapter 11 | ||
Chapter 13 | ||
Chapter 20 | Employment | 191 |
Discrimination | ||
Federal Laws | ||
At-Will Employment | ||
Overtime and Minimum Wage | ||
Unemployment | ||
Severence and Lay-offs | ||
Chapter 21 | Workers' Compensation | 199 |
Claims | ||
Benefits | ||
Complex Injuries | ||
Third Party Claims | ||
Second Injury Fund and Uninsured Employer Fund | ||
Chapter 22 | Insurance | 207 |
Automobile Insurance | ||
Life Insurance | ||
Health Insurance | ||
Homeowners Insurance | ||
Malpractice Insurance | ||
Insurance Agents | ||
Chapter 23 | Eminent Domain and Zoning | 213 |
Zoning | ||
Chapter 24 | Liens | 217 |
Mechanic's Lien | ||
Garagekeeper's Lien | ||
Innkeeper's Lien | ||
Domestic Relation's Lien | ||
Attorney's Lien | ||
Tax Lien | ||
Secured Transaction | ||
Conclusion | 221 | |
Glossary | 223 | |
Index | 231 | |
About the Author | 241 |