HandyLawCov17:Cov 2/13/10 9:45 AM Page 1 Hudson Navigate the Law, the History, the Theory, THE the Cases … the System THE ANSWER HANDY LAW BOOK veryday we encounter the rules of law—from the time we decide to get married, or perhaps divorced, to making Epurchases with our credit cards or dealing with bank- ruptcy. Who couldn’t use a legal primer that answers hundreds HANDY of questions related to the history and practice of law in the United States? Let The Handy Law Answer Book help you navigate the system. You’ll learn how to find a lawyer; what happens when you file a lawsuit or are sued by someone; what your rights in the workplace are; and what you can expect when you have your day in court. Plus, you’ll get tips on how to read those legal cita- tions, as well disover some fascinating—and quirky—legal cases. Combining practical legal tips with an exhaustive overview LAW of the law in the United States, The Handy Law Answer Book provides a history of the U.S. legal system, including the per- sonalities who shaped it. You’ll get an introduction to various laws, important cases, court opinions, and how they all might affect you. You’ll find answers to more than 800 questions, including… ANSWER • Where did the word“tort” come from? • How are state court judgesselected? • Where did thefirst U.S. Supreme Court meet? • How does the law define“marriage” ? • What should you do if facing too much debt? BOOK Understanding the Law • What is a “wobbler”? Navigating the Legal System Law/History $21.95 US, $24.95 Canadian 978-1-57859-217-3 David L. Hudson Jr. Handy Law FM 2/8/10 11:53 AM Page i About the Author David L. Hudson Jr. is the author or co-author of over two dozen books, including The Handy Supreme Court Answer Book (Visible Ink Press, 2007), The Rehnquist Court: Under- standing Its Impact and Legacy (Praeger, 2006), and (as co- editor with John Vile and David Schultz) The Encyclopedia of the First Amendment (CQ Press, 2008). He works as First Amendment Scholar for the First Amendment Center and teaches classes at Vanderbilt Law School, Nashville School of Law, and Middle Tennessee State University. Hudson earned his undergraduate degree from Duke University and his law degree from Vanderbilt Law School. He resides in the Middle Tennessee area with his wife, Carla, and two dogs, Gloria and Gucci. Handy Law FM 2/8/10 11:03 AM Page ii Handy Law FM 2/8/10 11:03 AM Page iii THE HANDY LAW ANSWER BOOK Handy Law FM 2/8/10 11:03 AM Page iv Handy Law FM 2/8/10 11:03 AM Page v THE HANDY LAW ANSWER BOOK David L. Hudson Jr. Detroit Handy Law FM 2/8/10 11:03 AM Page vi Copyright © 2010 by Visible Ink Press® THE This publication is a creative work fully protected by all applicable copy- right laws, as well as by misappropriation, trade secret, unfair competi- HANDY tion, and other applicable laws. No part of this book may be reproduced in any form without permission in writing from the publisher, except by a reviewer who wishes to quote LAW brief passages in connection with a review written for inclusion in a maga- zine, newspaper, or website. ANSWER All rights to this publication will be vigorously defended. Visible Ink Press® 43311 Joy Rd., #414 BOOK Canton, MI 48187-2075 Visible Ink Press is a registered trademark of Visible Ink Press LLC. Most Visible Ink Press books are available at special quantity discounts when purchased in bulk by corporations, organizations, or groups. Cus- tomized printings, special imprints, messages, and excerpts can be pro- duced to meet your needs. For more information, contact Special Markets Director, Visible Ink Press, www.visibleink.com, or 734-667-3211. Managing Editor: Kevin S. Hile Art Director: Mary Claire Krzewinski Typesetting: Marco Di Vita Proofreader: Sharon Malinowski ISBN 978-1-57859-217-3 Cover images: iStock.com. Library of Congress Cataloguing-in-Publication Data Hudson, David L., 1969– The handy law answer book / by David L. Hudson Jr. — 1st ed. p. cm. — (Handy answer book series) Includes bibliographical references and index. ISBN 978-1-57859-217-3 1. Law—United States—Outlines, syllabi, etc. I. Title. KF386.H82 2010 349.73—dc22 2010000201 Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 Handy Law FM 2/8/10 11:03 AM Page vii Contents ACKNOWLEDGMENTS xi INTRODUCTION xiii CONSTITUTIONAL CRIMINAL PROCEDURES LAW … 1 … 143 The U.S. Constitution … History of the U.S. The Criminal Process … Trial Process … Constitution … Key Concepts and Structure Sentencing … Appeals … Juvenile of the Constitution … Legislative Branch … Defendants Executive Branch … Judicial Branch … State Constitutions CREDIT AND BANKRUPTCY LAW … 191 THE BILL OF RIGHTS AND 14TH AMENDMENT … 37 Loans … Debt Collectors and the Law … Bankruptcy … Chapter 13 First Amendment … Second Amendment … Third and Fourth Amendments … Fifth Amendment … Sixth Amendment … Seventh EMPLOYMENT LAW … 215 Amendment … Eighth Amendment … Ninth At-Will Employment … Employment and Tenth Amendments … Fourteenth Discrimination … Title VII … Religious Amendment Discrimination … Retaliation … Age Discrimination … Disability Discrimination THE COURT SYSTEM … 89 … Employee Compensation … Workers The Supreme Court Term … Judiciary Act of Compensation Law … Other Employment 1789 … State Courts Law Considerations LAWYERS FAMILY LAW … 271 AND LAWSUITS … 117 Marriage … Pre-Marital Agreements … Becoming a Lawyer … Finding a Lawyer … Divorce … Alimony … Child Custody … Lawsuits Child Support … Paternity … Adoption vii Handy Law FM 2/8/10 11:03 AM Page viii PERSONAL INJURY LAW … 307 Negligence … Professional Negligence … Other Torts … Product Liability APPENDIX A: EXPLANATION OF CASE AND STATUTE CITATIONS … 349 APPENDIX B: THE CONSTITUTION OF THE UNITED STATE S OF AMERICA … 353 APPENDIX C: ONLINE RESOURCES … 371 GLOSSARY … 381 INDEX … 395 viii Handy Law FM 2/8/10 11:03 AM Page ix To three great lawyers: Steve Waldron, Terry Fann, and “King” Richard Sebastian. Handy Law FM 2/8/10 11:03 AM Page x Handy Law FM 2/8/10 11:03 AM Page xi Acknowledgments I would like to thank Visible Ink Press publisher, Roger Jänecke, for his vision and for granting me another writing opportunity with the “Handy” series. I enjoyed writing the Handy Law Answer Book as much as my previous work in the series, The Handy Supreme Court Answer Book. I would also like to thank Managing Editor Kevin Hile for his superior editing abilities. Thanks to all of my students at Middle Tennessee State University, Nashville School of Law, and Vanderbilt Law School, who enrich my experi- ence with teaching various legal subjects on a daily basis. Finally, I would like to thank my parents and my wife, Carla, for their constant love, support, and encouragement. xi Handy Law FM 2/8/10 11:03 AM Page xii Handy Law FM 2/8/10 11:03 AM Page xiii Introduction Law in the United States is ubiquitous and unique. Pick up a newspaper or turn on the television and you will confront the law or the legal system. Recently, the leading sto- ries in the news media involved the possibility of new federal healthcare legislation, a pending ruling by the U.S. Supreme Court on campaign finance, the implementation of behavioral profiles for would-be terrorists, and a gruesome murder. Obviously, all of these—pending legislation, a future court ruling, profiling possible terrorists, or criminals and a crime—directly trigger the legal system. The American legal system is unique for many reasons, most notably its Constitu- tion—the grand experiment created in secret at those fabled meetings during the summer of 1787 in Philadelphia, Pennsylvania. The founding fathers—a sizeable number of whom were lawyers—created a legal system that is the envy of the world. It separated power between three branches of government, divided authority between a central, federal government and various state governments, and even provided for measures of individual freedom, particularly after the addition of the first ten amend- ments known as the Bill of Rights. Former U.S. Supreme Court Justice Oliver Wendell Holmes Jr., who is considered one of the country’s great jurists, once wrote: “The rational study of law is still to a large extent the study of history.” On another occasion, he wrote: “The law embodies the story of a nation’s development through many centuries, and it cannot be dealt with as if it contained only the axioms and corollaries of a book of mathematics.” For this reason, The Handy Law Answer Book begins with an examination of the history and development of the Constitution—the fundamental blueprint of the legal system—and a discussion of constitutional law. The states passed the U.S. Constitu- tion only upon the promise that Congress would pass certain provisions protecting individuals from the powers of the new central government. These first ten amend- ments to the U.S. Constitution are what James Madison called “the great rights of mankind”—the Bill of Rights. The next chapter of this book examines the various pro- visions of the Bill of Rights. xiii Handy Law FM 2/8/10 11:03 AM Page xiv Chapter Three, The Court System, explains the structure of the judicial branch in both the federal and state systems. It examines not only the highest court—the so- called “Court of Last Resort”—but also various state courts. In Chapter Four, readers will learn more about lawsuits and lawyers, including how a lawsuit starts, how one becomes a lawyer, and how to choose a lawyer.