Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights...

Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights reserved.

Introduction to the American Legal System

By Enika Schulzeand

Susan Patterson


Chapter 3Substantive Civil Law

Torts• Intentional

BatteryAssaultFalse imprisonmentIntentional infliction of emotional distressTrespassConversion

• Negligence tortsDuty to conform to a legal standardFailure to meet the standardCause-and-effect relationshipDamages


Contracts• Express contracts• Implied in fact• Implied in law (quasi-contractual)• Bilateral (promise for a promise)• Unilateral (promise for a action)• Oral contracts



Elements of a contract

• Offer and acceptance

• Consideration



Real property• Freehold estates• Leasehold estates• Nonestate interests in land• Co-ownership

Tenancy in common; joint tenancy; tenancy by the entireties

LiensMortgagesVendor’s lienMechanic’s lienMaterialmen’s lienTax lienJudgment lien



Wills and Intestate Succession• Intestate succession

Per capita

Per stirpes• Testamentary capacity

Understand the nature of making a will

Know the character of the personal property

Understand to whom the property is given

Understand the gifts being made



Alternative Dispute Resolution• Direct negotiation• Mediation• Minitrial• Summary jury trial• Moderated settlement conference• Arbitration• Administrative hearings



International Law• Status and treatment of foreign aliens• Treatment of officials of foreign governments• Jurisdiction of each nation• Forms and actions of international organizations• Extent to which a nation may regulate

international economic activity• Resolution of disputes among nations• Formation of treaties• Conduct of war


Copyright © 2006 by Pearson Education, Inc., Upper Saddle River, New Jersey 07458. All rights...

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