1 How legal rules are made
Legal rules and“laW”
The formulation of the law:cases and statutes
English ancestry of American law
Development ofspecial doctrines and procedure “in equity”
Survivals of doctrines and procedures offormerly independent courts
Lack ofuniformity in state law
2 The dual court structure
3 Civil proceedings:objectives
Obtaining payment of money
Foreclosure of lien
Terminating existing wrong。___——preventing threatened wrong
Protection of creditors ofinsolvent or embarrassed debtors
Declaration of rights
4 Civil proceedings:jurisdiction
Cases brought only in the federal court
Cases in either state orfederal courts
Cases brought only in state courts
2 The Machinery of Justice
State in which action may be brought
Jurisdiction by attachment
Court in which action may be brought
5 Civil proceedings~procedure
Pleadings
Law applicable to issues oflaw
Pre-trial proceedings
Right to jury trial
Trial of issues offact
The future of the civil jury
Appeaf
Voluntary arbitration as a substitute for civil litigation
6 Criminal procedings:investigation arrest and accustaion
7 Criminal proceedings plea trial scntence appeal
8 Administrative justice
9 Military justice
10 The courts as a check on the exectutive
11 The Court as a check on legislation
12 Manning the machinery of justice