John M. Scheb - An Introduction to the American Legal System

AN INTRODUCTION
TO THE AMERICAN
LEGAL SYSTEM

AN INTRODUCTION
TO THE AMERICAN
LEGAL SYSTEM

Fifth Edition

John M. Scheb II

Professor of Political Science, University of Tennessee, Knoxville

Hemant Sharma

Lecturer in Political Science, University of Tennessee, Knoxville

Copyright 2020 CCH Incorporated. All Rights Reserved.

Published by Wolters Kluwer in New York.

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eISBN: 978-1-5438-2083-6

Library of Congress Cataloging-in-Publication Data

Names: Scheb, John M., II, 1955-author. | Sharma, Hemant, 1974-author.

Title: An introduction to the American legal system / John M. Scheb II, Professor of Political Science, University of Tennessee, Knoxville; Hemant Sharma, Lecturer in Political Science, University of Tennessee, Knoxville.

Description: Fifth edition. | New York: Wolters Kluwer, [2020] | Includes bibliographical references and index. | Summary: This is a comprehensive introductory text on American legal systems for undergraduate and paralegal studentsProvided by publisher.

Identifiers: LCCN 2019056762 (print) | LCCN 2019056763 (ebook) | ISBN 9781543813814 (paperback) | ISBN 9781543820836 (ebook)

Subjects: LCSH: LawUnited States. | LCGFT: Textbooks.

Classification: LCC KF385.S34 2020 (print) | LCC KF385 (ebook) | DDC 349.73dc23

LC record available at https://lccn.loc.gov/2019056762

LC ebook record available at https://lccn.loc.gov/2019056763

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We dedicate this edition to our many students: past, present, and future.

BRIEF CONTENTS

CONTENTS

Chapter Constitutional Law

Judicial Review in Civil Rights Cases

Key Terms

Summary of Key Concepts

Conclusion

PREFACE

This book is designed as an introductory text on American law and the legal system. It is meant for undergraduate students in political science, sociology, criminal justice, and legal studies, as well as students in paralegal programs. Our goal is to introduce students to basic legal concepts, principles, and procedures. Of necessity, we have painted with a broad brush, as American law and legal procedures are extremely complex and highly dynamic, and vary considerably across jurisdictions.

Organization

For this edition, we have reorganized the book significantly and have added several chapters to provide deeper coverage of important topics. The book now has four parts:

).

). The decision to create two new chapters dealing with civil rights and liberties reflects both strong student interest in these topics as well as their tremendous importance in contemporary American society.

deals with family law and addresses a number of todays very important issues, including the changing nature of marriage and family structures, reproductive decisions, and refusal of medical treatment.

) describes appeals in the civil, criminal, and administrative contexts.

Special Features

To the beginning student, an introduction to the law can be somewhat overwhelming. To make the book more accessible and useful to the student, every chapter contains a list of learning objectives, a chapter outline, a chapter summary, and a set of boldfaced key terms, all of which are defined in the glossary. To make the book more provocative, each chapter also contains a set of questions for thought and discussion. For the student who wishes to learn more about the topics addressed in the book, each chapter contains a list of additional reference materials.

Because judicial decisions are central to the development of the law, we have incorporated two features into the text designed to alert students to especially important cases. One of these features, entitled Case in Point, is a short summary of a significant court decision. There are multiple Case in Point features in each chapter. A related feature, Opinion of the Court, appears in many of the chapters and provides substantial excerpts from landmark opinions of the U.S. Supreme Court.

Another special feature, entitled The Law in Action, focuses on practical applications of the law and real-world controversies involving legal issues. Topics addressed in this feature range from Civil Disobedience and the Struggle for Civil Rights (). We hope that these features will make the text more informative and more interesting.

Acknowledgments

Previous editions of this book relied on the excellent assistance of a number of able persons, whose efforts we gratefully acknowledge once again:

Richard R. Garland, Esq., an attorney in Sarasota, Florida, who is certified in appellate practice.

Robert P. Scheb, Esq., an attorney in Sarasota, Florida, who practices in the field of estates and trusts.

Rebecca A. Rider, Esq., an attorney in Sarasota, Florida, who practices in the field of domestic relations.

The late William T. Brown, who was an attorney and lecturer in the Political Science Department and College of Law at the University of Tennessee, Knoxville.

Dr. Mark D. Welton, Professor in the Department of Law at the United States Military Academy, West Point.

Finally, we extend our appreciation to the editorial staff at Wolters Kluwer Law & Business for their encouragement and support throughout this project.

Of course, we assume full responsibility for any errors of commission or omission contained in these pages.

John M. Scheb II

Hemant Sharma

December 2019

ABOUT THE AUTHORS

John M. Scheb II is Professor of Political Science at the University of Tennessee, Knoxville, where he specializes in public law and the judicial process. He attended the University of Florida from 1974 to 1982, receiving the B.A., M.A., and Ph.D. in political science. Professor Scheb has authored numerous articles in professional journals, including