Inside an Overview of the Textbook
"Introduction to Law and the Legal System" is a masterful combination of law school casebook and theoretical introduction to the study of law. The volume is both curatorial and expository: it deftly selects the important facets of the law and legal process and edifies readers as to each of them. Readers come away with a better understanding of how the common law works, the various schools of jurisprudential thought, selected maxims from meaningfully influential figures, and contemporary commentary on pressing legal issues . The book is organized into discrete sections centered on polished monologue discussions. These helpful, bite-sized chunks are indexed by topic and, further, cross-indexed by the author, often so that we have occasion to learn more about an interesting commentator also included in the volume. The volume is authored by a host of qualified, experienced professionals. I will use it as a text in my law school intro to law and legal process course because I find it accessible, useful, and informative beyond the scope of a student’s first year studies.
What is New in the 12th Edition?
This new edition continues with its attention to ethical implications of the subject at hand, and to presenting them in a lucid, understandable way. Authors Neal Bevans and Robert McGraw juggle the enormous range of material in this 550-page book in a way that does not overwhelm students but gives them the information they need to prepare effectively. The book now includes the most current information on technology and its use in the legal field along with expanded and updated coverage of immigration issues. New material is based on the latest technology, law and practice and on two new chapters covering major areas of the law: Bankruptcy Law and Constitutional Law.
Each chapter begins with learning objectives and an introduction of content that draws upon contemporary cases and appropriate legal materials. Examples used throughout the text are current and useful. A discussion of Thomas Jefferson’s influence on the creation of the Constitution, for example, spots a parallel between Jefferson’s ideals and those of Facebook founder and Harvard drop-out Mark Zuckerberg. Chapter activities relating to class discussions provide opportunities to engage the students, as do embedded "Insights," "Ethics" and "Constitutional Law" sections. All new and revised content is integrated into the text’s logical organization and the flow of material is well coordinated throughout.
The authors have an enviable record of forthrightly addressing contemporary legal issues. They have dealt equally responsibly with national security issues while also taking their shots at the current administration.
Topics Generally Covered in the Book
The 12th edition of the text introduces students to the core concepts in law through their relationship to law-related topics in today’s news, a hallmark of the authors’ teaching approach. With a strong emphasis on real-world applications, the text is fully integrated with examples and resources that foster critical analysis and underscore the relevance of the law to students’ everyday lives. The text guides readers to higher-level thinking while providing a conceptual foundation that prepares them for more in-depth studies in their future legal education.
The 12th edition emphasizes learning through current events by incorporating and explaining prominent and high-profile news stories, including: the property-law implications of the recent Bitcoin boom; evidence law as it relates to Harvey Weinstein’s three high-profile trials; international law and the United States’ exit from the Paris Climate Agreement; administrative law through the lens of an appointed official’s free speech rights; litigiousness in the business community when it comes to product liability claims; antitrust law as it pertains to Facebook’s acquisition of Instagram; the role of the Fourth Amendment in the United States’ Iran-Contra affair; and trust law in relation to Uruguay’s drug legalization efforts. By exploring the connections between law and the latest developments in trademark infringing virtual content and international law and the Ukrainian-Russian conflict, the text remains timely and relevant to readers’ experiences.
In addition to the current events discussed extensively in Chapter 3, the remainder of Part I provides a helpful overview of law in our culture, introducing students to various sources, ethics, and history of law. Part II of the book covers the function and structure of the legal system as well as procedural aspects of an average civil lawsuit. Students are guided through various stages in a trial, and the roles of the judge, jury, attorneys, and various roles within various types of courts are presented. Both the trial process and the adversary system are extensively developed. Critical thinking skills are further developed in two chapters on law enforcement and criminal law & procedure. Fundamental concepts such as police discretion and constitutional limitations on police powers, as well as the various goals of punishment, legal defenses, sentencing practices, and the post-conviction process complete students’ introduction to the legal system.
In Part III, the text presents various major fields of law and its broad application to our lives. The concepts of private law, tort, contract, and commercial law, and the law of agency, employment, and business are developed, along with the most recent developments in intellectual property, labor, and family law. The text closes with a discussion of dispute resolution methods, including negotiation, mediation, and arbitration. When reading this extensive collection of law-related concepts, students are compelled to draw connections between the topics and their relationship to the news stories presented alongside them, as well as their personal lives.
Basic Background on the Legal System
The principles of law are based on fundamental factual and legal concepts that have evolved over time. The underlying concept of law is in two parts: It has both a social context and a philosophical context. Law is based in human interaction and relating with one another. The philosophical basis of law is built on concepts of justice and equality.
The study of law and the legal system is based on the application of frameworks for analyzing situations and issues. What are known as systems of analysis allow for the comparison of proposed legal principles and the prediction of legal outcomes. At its basic level, the United States legal system consists of an established body of legal rules. Those rules are derived from several sources, which include constitutions, statutes or legislations, and case law or common law. Statutes – or laws enacted by Congress or legislative bodies – create legal rules, set out prohibitions or obligations, and regulate or specify penalties. Common law, which consists of judge-made law, relies on precedent or prior decisions and rulings. Common law is also referred to as case law and is derived from judicial interpretations, as influenced by the Constitution, statutes, and public policy. Common law is based on the concept of stare decisis and the rule of law, which means that prior decisions are necessary for guiding later decisions. Laws that act as a guide for society, such as the criminal justice system, are sometimes referred to as substantive law. Institutions, such as courts and law enforcement, that are responsible for enforcing laws are known as procedural law.
Usefulness for Law Students and Practitioners
A thorough understanding of the law and the legal system is essential for law students to achieve academic success. The 12th Edition of Intro to Law and the Legal System prepares and supports you for law school, providing a clear, logical overview that will give you the framework to better understand the specific courses that follow. Early in your studies, this fundamental knowledge is invaluable, forming the basis from which you will build on your legal expertise as you progress through your law degree.
This text also offers an overview of the world of the law that is of tremendous use to established professionals. Both legal professionals and those with a general interest in the law will find the explanations of case law and statutory law and the structure of the courts, along with a range of other key concepts, invaluable.
Statutes, the constitution, regulations, court rules, case law and more— these are the keys to unlocking the language of the law. This book breaks down the sometimes complex facets of legal communication, highlighting the ways in which they can be applied to real-life scenarios , thereby putting them into context.
Intro to Law and the Legal System 12th Edition supports learning across all aspects of the law, from the judicial and administrative systems, to the roles of judges, juries, lawyers and the general public. It explains the process of litigation and the functions of the courts, with clear flowchart diagrams to illustrate the processes.
Those with an interest in the law will find the vast array of topics covered in this comprehensive text immensely helpful. From a simple explanation of the lawmaking process, to local, state and federal government regulation and oversight, the book guides you through the most common legal concepts with clarity and brevity. The book covers many of the backgrounds to key concepts, including the historical, economic and social contexts in which the law has developed, the reasons why various statutes have been implemented and primary sources of law such as constitutions, cases and statutes. The book also explains other key legal concepts such as the burden of proof, civil litigation, jurisdiction, remedies and precedents.
Professional Critique of the Text
The 12th edition of "Introduction to Law and the Legal System" has been met with a range of critiques from legal education professionals. These reviews both laud the consistency and accessibility of the text while also providing constructive feedback regarding potential areas of improvement.
Educators have noted the text’s ability to present complex legal concepts in a clear and concise manner. Reviewers have highlighted the use of engaging hypothetical examples, which they find to be effective in illustrating legal principles. The logical sequencing of topics has also been commended, with many educators appreciating how each chapter builds onto the previous one in a systematic fashion.
However, some critiques focus on the limited depth of legal analysis of key concepts. Faculty members within law schools and universities have pointed out the lack of real-world applications and case studies, which they believe may not adequately prepare students for the practical aspects of the profession. Specific courses in law schools, such as Contracts, Criminal Law, and Torts, may require a more nuanced approach, with some faculty suggesting that additional resources and components be included to fully cover these areas.
Some legal professionals have suggested that the text could benefit from interactive exercises, such as quizzes, surveys, or online discussions that would encourage students to apply what they’ve learned. Instructors have expressed interest in being able to assign group projects or encourage blog posts and debate activities to get students involved in a more hands-on exploration of the legal system.
From a perspective of international law, critics have suggested that sections covering international and immigration law may need an update to present contemporary issues such as the refugee crisis or global economic agreements, which may not have been fully addressed in the prior edition.
Overall, while most reviews are positive with regard to the clear presentation of material, many educators and legal professionals have recommended that the authors of "Introduction to Law and the Legal System" include modern and globally relevant content to address certain shortcomings within the text.
Additional Study Aids and Tips
To make the most of the book, here are some additional resources and study strategies to consider:
Resources:
Online materials: The digital supplemental content to the book, available on the OpenTextBookLibrary.org site, includes chapter-level quizzes and a glossary of key terms, as well as a PowerPoint version of the slides and my complete Instructor’s Manual. There is also the supplemental WebResource Center developed for the book , now too old to be actively updated but a Treasure Trove of resources.
Study tips:
Form a Study Group: Discussing the learning objectives with others helps clarify what the book is teaching.
Review the Learning Objectives: The book covers the "legal principles" in every chapter but misses much of the context- so review the learning objectives at the beginning of the chapter to see the legal principles I’m covering, but also look at the audience for which I am writing.
Focus on the Core Concepts: Before jumping to the "Applying Your Knowledge" end-of-chapter material, make sure you know the fundamentals that are the core of every chapter.
Use the End of Chapter Quizzes: I created chapter-level quizzes for the book located at the OpenTextBookLibrary.org site that are a nice way to test your understanding of the material.