25 Doctrines of Law You Should Know


Book Description

"I'll sue you!" In America's litigious society, everyone needs €to know a few basics to avoid being snowed, cowed and generally abused. Even those who can afford to hire lawyers need to know what they are up to. This introduction to legal doctrines is a good first step if you want to file suit or help prepare your own legal defenses. When a conflict arises, what are the main doctrines of law that give one side an advantage? What do they mean, and how do they apply? When you can see through the legal jargon, the intimidation factor loses its power and you can concentrate on real issues and use these tools to take care of yourself. Some of America's doctrines go back to the 17th-century English Bench and have had a lasting impact on our legal system. Other doctrines are of more recent vintage but have had an equally profound influence. The author has researched 1,000 legal cases and identified 326 different doctrines of law; of those, he has selected 25 doctrines that average Americans are most likely to encounter in everyday €activities. In these pages he reviews actual cases to show how the doctrines apply in real-life scenarios and relates what happened in court. These non-jargon explanations of legal scenarios provide handy background reading for fans of court-room dramas and, since any one of us may end up in court these days, important general education for every adult in the United States. The 25 doctrines discussed are: 1. Res Ipsa Loquitur 2. Promissory Estoppel 3. Respondeat Superior 4. €Doctrine of Sudden Danger 5. Rescue Doctrine 6. Doctrine of Comparative Negligence 7. Doctrine of Unjust Enrichment 8. €Doctrine of Unclean Hands 9. Doctrine of Unconscionability 10. Fruit of the Poisonous Tree Doctrine 11. Attractive Nuisance Doctrine 12. €Doctrine of Mitigated Damages 13. Quantum Meruit Doctrine 14. €Doctrine of Sovereign Immunity 15. Doctrine of Absolute €Immunity 16. Doctrine of Qualified Immunity 17. Last Clear Chance Doctrine 18. €Open and Obvious Danger Doctrine 19. Assumption of Risk Doctrine 20. €Public Duty Doctrine 21. Statute of Limitations 22. Equitable Estoppel 23. Res Judicata 24. Collateral Estoppel 25. Stare Decisis As an accessible point of introduction for those interested in the U.S. legal system, this book is suitable as a popular reference work for public libraries, auxiliary reading for business-school courses, a starting place for anyone caught in a legal conflict, and handy background reading for fans of court-room drama novels and T.V.




Natural Law


Book Description

Natural Law: Morality and Obedience This short opus is part of a collection of a larger body of work, which are dedicated to the subject of law or legal obligation. This installment focuses on natural law. The goal here is to elucidate the essentiality of citizen obedience. Another goal here is to make the case that, while in theory the notion of natural law seems to contradict the concept known as positive law, when it comes to legal obligation (in practice of course), any distinction, if it were to exist at all, is negligible. This text examines the degree to which natural law (as presently understood) could explicate the reason people may feel obligated to obey laws. The book further explores the rationale for legal obedience in terms of morality and reason. It examines popular legal precepts, notably positive law and other doctrines related to natural law. The arguments echoed throughout the text are unique. But it is important to point out that a full appreciation of the notion of Natural Law may require some anterior understanding about the concept of Legal Theory. I encourage you to keep a positive outlook as you navigate the manuscript.




The Law of Inheritance & Administration of Deceased Estates in Malawi


Book Description

This book discusses the law of inheritance and administration of deceased estates in Malawi. Its coverage includes basic concepts underlying inheritance; history of law of inheritance in Malawi; Will-making and testate inheritance; intestate inheritance; pension and inheritance of pension benefits and life insurance policies; other forms of inheritance like promissory estoppel, donationes mortis causa, rule in Strong v Bird and mutual Wills; estate duty; grants and personal representatives; and administration of deceased estates. Key statutes discussed include Constitution of Malawi, Deceased Estates (Wills, Inheritance and Protection) Act, Pensions Act, Estate Duty Act and Trustees Act. The book is designed as a reference for judicial officers, legal practitioners, public officers and administrators of deceased estates, law students, policy and legislative makers, pension fund managers, civil society activists (particularly on children and women’s rights) and interested academics.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.



















Science and Invention


Book Description