Contents for …
THE LANAHAN INTRODUCTION
to Law and Legal Reasoning
LANAHAN LAW
by Rick A. Swanson
978-1-930398-23-8 © 2021 $47.00 ($37.60 to bookstores)
Part One The Foundations of Law |
| Chapter 1 Jurisprudence |
| What is Law |
| Natural Law versus Positive Law |
| Law and Morality |
| Legal Realism |
| Why Obey Law |
| The Social Contract |
| Obedience to the Social Contract |
| Social Contract Theory Problems |
| Origins of U.S. Positive Law |
| Chapter 2 U.S. Courts |
| Federal Judicial Organization |
| Federal Jurisdiction |
| State Courts |
| Justiciability |
| Civil Procedure |
| Appellate Procedure |
| Appellate Opinions |
| The Theory of Judicial Review |
| Judicial Review in Practice |
| Chapter 3 Statutes |
| Why Interpret Statutes |
| Plain Meaning and Textualism |
| Canons of Statutory Construction |
| Legislative Purpose |
| Statutory Interpretation: “No Vehicles in the Park” |
| Statutory Interpretation Exercise: Ricksville v. Konsor |
| Chapter 4 Interpreting the U.S. Constitution |
| The U.S. Constitution |
| Why Interpret Constitutions? |
| Who Interprets the Constitution? |
| Judicial Philosophy |
| Judicial Philosophy Versus Political Ideology |
| Judicial Voting Behavior |
| Constitutional Interpretation |
| Originalism versus Nonoriginalism |
| Problems with Originalism |
| Constitutional Pragmatism |
| Constitutional Law |
| Part Two The Substance of Law |
| Chapter 5 Contracts |
| Contracts and Contract Law |
| Offer and Acceptance |
| Consideration |
| Contract Enforceability |
| Contract Terms |
| Contract Breach |
| Contract Damages |
| Chapter 6 Torts |
| Torts Versus Crimes |
| Tort Mental States |
| Intentional (Physical) Torts |
| Nonphysical Torts |
| Intentional Tort Defenses |
| Negligence |
| Strict Liability |
| Vicarious Liability |
| Joint Tortfeasors |
| Plaintiff Fault |
| Special Defendant Classes |
| Damages |
| Time Limits |
| Chapter 7 Criminal Law |
| Criminal Law Overview |
| Types of Crimes 1: Crimes Against Persons |
| Types of Crimes 2: Crimes Involving Property |
| Types of Crimes 3: Inchoate Crimes |
| Criminal Defenses |
| The Insanity Defense |
| Chapter 8 Criminal Procedure |
| Elements of a Criminal Trial |
| Investigation: Search and Seizure |
| Arrest, Charges, and Pleas |
| The Jury System |
| Criminal Sentencing |
| The Future of Criminal Law and Procedure |
| Part Three The Skills of Legal Reasoning |
| Chapter 9 Legal Reasoning |
| The Skill of Legal Reasoning |
| Deductive Reasoning Syllogisms |
| Complex Major Premises |
| Polysyllogisms |
| Deductive Legal Reasoning Practice Cases |
| Chapter 10 Case Law Elements |
| What is Case Law? |
| The Legal elements of Court Decisions |
| Case Briefs |
| Case Elements: Name, Facts. Issue, Holding |
| Case Elements: Rule + Application |
| Other Case Brief Elements |
| Well-written versus Poorly-written Case Brief Comparison |
| Sample Cases with Case Briefs |
| Chapter 11 Argument from Precedent |
| Common Law Precedents and the Courts |
| Argument from Precedent |
| Argument from Precedent: Motor Vehicle Cases |
| Argument from Precedent: “Chair” |
| Argument from Precedent: “Bokmurfle” |
| Argument from Precedent: “No Vehicles in the Park” Cases |
| Ratio Decidendi versus Obiter Dicta |
| Chapter 12 IRAC |
| What is IRAC? |
| IRAC Format |
| Sample IRAC: Incorporation Doctrine |
| Sample IRAC: Free Exercise Clause |
| IRAC Practice: Intentional Infliction of Emotional Distress |
| Chapter 13 Issue Spotting |
| What is Issue Spotting |
| Issue Spotting Example: Tort |
| Contracts Issue Spotting Checklist |
| Contracts Issue Spotting Example |
| Torts Issue Spotting Checklist |
| Torts Issue Spotting Example |
| Torts Issue Spotting Practice 1 |
| Torts Issue Spotting Practice 2 |
| Torts Issue Spotting Practice 3 |
| Torts Issue Spotting Practice 4 |
| Chapter 14 Legal Briefs |
| What is Issue Spotting |
| The Appellate Brief |
| Constructing Legal and Appellate Briefs |
| Appellate Brief Organization |
| Legal Brief Template Example: Public Forum Doctrine |
| Common Legal Brief Mistakes |
| Argument from Precedent Example: Capture of Wild Animals |
| Wild Capture Hypothetical: Stephens v. Albers |
| Part Four Philosophy of Law |
| Chapter 15 Advanced Jurisprudence |
| Positive Law Mandates Obedience to Natural Law |
| Positive Law Criminalizes Violating Natural Law |
| Positive Law Expressly Includes Natural Law Rights |
| Positive Law Impliedly Protects Natural Law Rights |
| Positive Law Expressly Allows Natural Law as a Legal Defense |
| Positive Law Impliedly Allows Natural Law as a Legal Defense |
| Legal Realism, Critical Legal Studies, and Utilitarianism |
| Feminist Jurisprudence |
| Critical Race Theory |
| Appendix Legal Education, Licensing, and Research |
| Index |