Introduction To Law 6th Edition Hames Solutions Manual
Introduction To Law 6th Edition Hames Solutions Manual
Introduction To Law 6th Edition Hames Solutions Manual
Solutions Manual
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Introduction to Law 6th Edition Hames Solutions Manual
Introduction to Law
Sixth Edition
Yvonne Ekern
Santa Clara University, School of Law
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10 9 8 7 6 5 4 3 2 1
ISBN-13: 978-0-13-487094-6
ISBN-10: 0-13-487094-8
To the Instructor v
Syllabi vi
Testbank 57
Copyright © 2019, Pearson Education, Inc. iii
CONTENTS
Chapter 14: Criminal Practice: Criminal Law and Juvenile Law 246
1. Chapter overview
2. Chapter objectives
3. Lecture outline
4. List of major changes from previous edition
5. Additional assignments
6. Suggested answers to end-of-chapter questions
CHAPTER OVERVIEW
Chapter 1 provides an overview of the nature of law and its historical origins and
philosophical theories. This chapter also explains some of the more common categories of
law, including the sources of law, the distinction between substantive and procedural law and
the differences between criminal and civil law.
CHAPTER OBJECTIVES
1. Define the term law.
2. List some of the historical origins of law.
3. Explain the basic concepts of a civil law legal system.
4. Explain the basic concepts of a common law legal system.
5. List and describe three major philosophical theories of law.
6. List three important categories of law.
7. Explain the purpose of substantive laws.
8. Explain the purpose of procedural laws.
9. Provide examples of substantive criminal laws and substantive civil laws.
10. Compare and contrast procedures in a criminal case with procedures in a civil case.
LECTURE OUTLINE
1. Case File – Centerville News: March 10
2. Introduction
3. What Law Is
4. Categories of Law
5. Chapter Cases
6. Case Summaries
SKILLS ASSESSMENT
Suggested answers:
1. This is a civil case resulting from a civil lawsuit filed by a rape victim under 42
U.S.C. § 13981.
2. (a.) Criminal. (b.) Civil.
3. (a.) Criminal. (b.) Eighth and Fourteenth Amendments. (c.) The Court looked at
recent history and examined how state legislatures and the international community
had been eliminating the death penalty for juveniles. (d.) The Court considered the
humanity of the death penalty, the national and international consensus against the
use of the death penalty on juveniles and weighed the nature of the penalty against the
immaturity and lack of judgment of juveniles.
CHAPTER OVERVIEW
Chapter 2 provides an overview of the U.S. legal system. Included is a discussion of the
concept of federalism. The different branches of federal and state governments are
discussed. The three major sources of laws, constitutions, case law and statutory law, are
defined and explained.
OBJECTIVES
1. Explain the concept of federalism.
2. Describe the power of the federal government to make laws and identify the source of
that power.
3. Discuss the limits on the right of the states to make laws.
4. Explain the difference between exclusive and concurrent jurisdiction as related to the
law-making process.
5. Explain how the Supremacy Clause relates to the law-making power of the states.
6. Identify and describe the function of each branch of the federal government.
7. Describe role of the U.S. Constitution and state constitutions.
8. Explain how the concept of precedent or stare decisis operates today.
9. Compare and contrast case law and statutory law.
10. Outline the legislative process for the enactment of laws.
LECTURE OUTLINE
1. Case File – The Richfield Matters
2. Introduction
3. Federalism – the Relationship Between Federal and State Government
4. The Federal Government and the Legal System
5. State Governments and the Legal System
6. Sources of U.S. Law
7. Chapter Cases
8. Case Summaries
SKILLS ASSESSMENT
Suggested answers:
1. Answers will vary.
CHAPTER OVERVIEW
Chapter 3 explores the federal and state court systems and the various personnel found in the
U.S. legal system.
OBJECTIVES
1. Describe the structure of the federal court system.
2. Explain the role of the U.S. district courts.
3. Explain the role of the U.S. courts of appeals.
4. Explain the role of the U.S. Supreme Court.
5. Describe the basic structure of state court systems.
6. Explain the circumstances in which the federal courts have jurisdiction.
7. Describe the selection process for federal judges.
8. List and describe the various personnel working in the U.S. legal system.
9. Summarize general standards of ethical conduct for judges and judicial employees.
10. Summarize general standards of ethical conduct for lawyers, paralegals, and criminal
justice professionals.
LECTURE OUTLINE
1. The Courts And Their Roles
2. The Judiciary
3. The Legal Community
4. Ethics and Professional Conduct
5. Chapter Cases
6. Case Summaries
federal law. If the issues in the case relate only to state law, then the Supreme Court
has no authority to hear the case. In most instances, the Supreme Court has
discretionary power to review cases. It often exercises that power in cases of major
importance or in cases where the lower courts are in disagreement regarding the law
to be applied.
5. State court systems are established and organized according to state law. The various
state systems resemble the federal system. All states have trial courts and courts of
review. Some states, like the federal system, have three tiers of courts: trial courts,
intermediate appellate courts, and a court of last review. The function of trial courts
and appellate courts is similar to that of their federal counterparts, although the names
of the various courts are often different.
6. Federal district courts have jurisdiction over all cases involving federal law.
7. Federal judges are nominated by the President and confirmed by the Senate.
8. Court clerk: assists the court and the judge by filing documents, marking and
safeguarding evidence, reviewing documents that are submitted to the judge, and
performing other similar tasks. Court reporter: records the testimony that takes place
during the open court proceedings; the court reporter will produce a transcript.
Bailiff: responsible for the safety of the judge and for order within the courtroom;
sometimes known as a court deputy or court attendant.
9. For judges: (1) A Judge Should Uphold the Integrity and Independence of the
Judiciary (2) A Judge Should Avoid Impropriety and the Appearance of Impropriety
in All Activities (3) A Judge Should Perform the Duties of the Office Impartially and
Diligently (4) A Judge May Engage in Extra-Judicial Activities to Improve the Law,
the Legal System, and the Administration of Justice (5) A Judge Should Regulate
Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Duties (6) A
Judge Should Regularly File Reports of Compensation Received for Law-Related and
Extra-Judicial Activities (7) A Judge Should Refrain from Political Activity – For
judicial employees: (1) a judicial employee should uphold the integrity and
independence of the judiciary and of the judicial employee’s office (2) a judicial
employee should avoid impropriety and the appearance of impropriety in all activities
(3) a judicial employee should adhere to appropriate standards in performing the
duties of the office
10. Lawyers: All members of the legal profession, including attorneys, paralegals, and
support staff, are bound by ethical standards. When a lawyer agrees to represent a
client, a special relationship is created between the lawyer and the client. This
fiduciary relationship means that the attorney must exercise the highest degree of trust
and care with that client. The relationship carries with it various duties or obligations
for the attorney in handling the case. Attorneys also have obligations to the court,
especially with respect to honesty and candor – Paralegals: A paralegal working
under the supervision of a lawyer must also follow the ethical rules that govern
attorneys. Because paralegals are not licensed, they are not subject to any disciplinary
action by a state bar. If a paralegal violates any of the standards, however, other
penalties might result.