Dear Students:
Welcome to Fundamentals of the U.S. Legal System!
The ultimate objective of this textbook is to demonstrate the distinct American method of making, finding, and enforcing law. This textbook introduces students to legal concepts, principles, and procedures that serve as the foundations for the United States legal system. The focus will be on the institutions, structures, and actors that comprise the legal system and regulate the legal and social relations among Americans and resolve their conflicting interests. By necessity, the textbook paints with a broad brush as the U.S. legal system is complex, highly dynamic, and varies considerably across jurisdictions.
As you read the textbook, you will notice that it is not just an ordinary textbook. It is meant to a be an interactive learning aid. Throughout the textbook you will find various tools to help you engage with the material. There are Poll Questions asking your opinion on issues, which you then can compare to those of your classmates. There are Video Learning Links through which you will be guided to view a video relating to the specific material you are reading. There are Key Terms Flash Cards, which allow you to check your recall of important terms and concepts. And, there are Chapter Quizzes, which provide the opportunity to test your understanding of the course material.
Lastly, I would like to provide a little information about my professional background. I earned my law degree from the College of William & Mary Law School. After graduating from law school, I practiced law for about 10 years in Los Angeles, working in both a law firm and the legal department of a corporation. I eventually left active practice to teach law at the University of Southern California’s Gould School of Law.
I hope you enjoy reading and interacting with this textbook.
Sincerely,
Donald M. Scotten
Professor of the Practice of Law
University of Southern California Gould School of Law
Chapter 1: Basic Principles
Chapter 2: Western Legal Tradition
Chapter 3: The Founding of the Nation
Chapter 4: American Federalism
Chapter 5: Congress’s Power: Constitutional Sources and Limitations
Chapter 6: Congress’s Power: The Commerce Clause
Chapter 7: Federalism: Federal-State Court Relations
Chapter 8: Separation of Powers
Chapter 9: The Legislative Branch
Chapter 10: The Executive Branch
Chapter 11: The Judicial Branch
Chapter 12: Administrative Agencies: Understanding What They Are
Chapter 13: Administrative Agencies: Understanding What They Do
Chapter 14: Court Organization
Chapter 15: Court Jurisdiction
Chapter 16: The Legal Profession
Chapter 17: Civil Litigation
Chapter 18: Criminal Litigation
Chapter 19: Freedom of Expression: Freedom of Speech
Chapter 20: Free Speech and the Regulation of Social Media Content
Chapter 21: Equal Protection Clause
Chapter 22: Due Process