There appear to be two great tribes of academics teaching introductory courses on our legal system: those who emphasize
legal doctrines and procedures and those who concentrate on empirical research concerning judicial politics and
processes. Members of the first tribe now have another useful addition to their tool chest. AN INTRODUCTION TO
THE AMERICAN LEGAL SYSTEM is a comprehensive, well written, thoroughly (indeed, painstakingly) researched text
on the development of legal doctrines and the substantive aspects of law and legal procedure. John M. Scheb and
John M. Scheb II see their goal as introducing undergraduate and paralegal program students to "basic legal
concepts, principles, and procedures," and they succeed admirably.
The Schebs have not spent a great amount of space on theoretical approaches to jurisprudence, comparative law,
or on recent empirical research on legal processes. Instead, they have attempted to lay out the categories of analysis
necessary for an overview of American law and the structures making and enforcing it. To do this AN INTRODUCTION
TO THE AMERICAN LEGAL SYSTEM is divided into four parts: 1) the historical precedents of American law and a description
of our judicial institutions and the legal profession; 2) an overview of substantive law; 3) an overview of procedural
law; and 4) a description of legislative processes and administrative law. I will follow reviewing convention for
texts and try to describe what appears most relevant, substantively and pedagogically, for each section.
The first chapter of a textbook is usually a precursor of the remainder of the book and so it proves here. The
Schebs begin with a useful historical overview of the sources of American law. This chapter is distinguished by
one of the best short presentations of the common law system received by the American colonies I have ever read.
This is supplemented by a brief general synopsis of basic constitutional principles and rights and of modern statutory,
administrative, and decisional sources of law. This is followed by a chapter of descriptions--again brief and general--of
the main legal structures of the American state, covering everything from legislatures to alternative dispute resolution
agencies. The material in these two chapters is illustrated by examples in the text, useful summaries of state
and federal appellate court cases, and short excerpts of actual opinions.
The section on substantive law that follows is the bulk of the book. The Schebs have included separate chapters
on constitutional law, criminal law, torts, property law, contracts and business law,
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and family law. These chapters are roughly the same length--except for the one considering criminal law--and are
laid out, as near as can be, in a similar fashion. Each begins with an introduction that defines the subject in
question, then proceeds to outline the issues involved and the legal categories used to analyze cases arising from
them. For instance, the chapter on torts begins by defining the major types of torts--negligent acts, intentional
acts, and acts involving strict liability--then proceeds to examine each in turn. The focus for each type of tort
is on defining the initial burdens that must be met by plaintiffs to make their case and on the
defenses, particularly the affirmative ones, available to defendants. The chapter then concludes with brief sections
on immunities from liability, developments in tort law, and tort reform. Short case summaries (NEWTON v. NBC, HUSTLER
MAGAZINE v. FALWELL, MONELL v. NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES) are used at strategic intervals to
illustrate particular doctrines and other illustrative examples drawn from other cases are strewn
throughout the text. If one read it diligently, this chapter would be a sound introduction to the basic terminology,
legal ins-and-outs, and contemporary controversies concerning torts. The same could be said for each of the other
chapters on substantive legal issues.
The section on procedural law, which follows, covers both civil and criminal procedure from original instance of
a case to appellate procedure. The civil procedure section is especially illuminating. The five-page treatment
of rules of evidence in civil proceedings included here is an excellent brief synopsis of the subject. The criminal
procedure chapter is also useful, but here I must question what was probably a judgment call. I would have included
the treatment of fourth and fifth amendment issues found here in the substantive chapter on criminal law. As it
is, they are mentioned in that chapter, but extended treatment is delayed until there is a
context of other procedural limitations. I can see why this was done; the chapter on criminal law is the longest
in the book already and these are procedural questions. Still, the result is related and important material separated
by better than 150 pages of text. This could lead to some teaching challenges if the text is used sequentially.
The final section of AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM concerns legislative and administrative rule-making
processes. Both chapters offer well-written and succinct treatments of the legal aspects of their subjects. I was
impressed by the treatment of administrative law found here.
As has been the case before in this review, I found the Schebs' overview of this subject a useful nutshell of the
main issues and doctrines in administrative law. I never thought I would find an accessible treatment of QUI TAM
actions until I saw it here!
At this point, I should mention some of the additional pedagogical features found throughout the text. All chapters
begin with a statement of learning objectives and end with comprehensive lists of important terms, discussion questions,
and suggestions for further reading. There is an exceptionally complete glossary of terms as well. West has also
included an extensive set of ancillary materials for instructional use with the book, including manuals, computerized
test banks, a website, videos, and limited WESTLAW access.
It might strike some that I have had little critical to say about the Schebs' efforts. This is true, as far as
it goes. For instructors who are part of their tribe, I think
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AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM would be an excellent choice as a text to build a course around. It
is also, to be honest, not a text I myself would adopt for my course on judicial institutions. However, this choice
would not be made on the merits, but because I am not a member of their tribe. I have always structured my courses
on judicial institutions as a mainstream political scientist, emphasizing functional explanations and relating
them to recent empirical research on the judicial system and other legal institutions. It is precisely in these
areas that AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM shows weaknesses. That, for instance, U. S. Supreme Court
decision-making could be discussed solely in terms of constitutional interpretation or that the politics of judicial
selection could get such short shrift will immediately put members of the judicial processes tribe off this text.
However, I think this is criticizing the Schebs for a book they did not intend to write. What they did write is
an introduction to the kind of material students would face in law school courses or in paralegal training. I should
think their text would be particularly useful for legal studies, pre-law, or introductory paralegal courses. As
a learning tool and ready reference on legal terminology and doctrine this book would be a very competitive choice.
There is real value here for both students and instructors. Even a loyal member of the judicial politics and processes
tribe might be found sneaking a quick look at relevant sections of AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM
before classes focusing on legal issues.
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Copyright 2001 by the author, Tracy Lightcap.