CONTENTS
CHAPTER 1
KNOW YOUR RIGHTS UNDER THE LAW
This Book Is a “Survival Guide” for Non-Lawyers
Hypotheticals for Fun and Learning
“The First Thing We Do, Let’s Kill All the Lawyers”
Two Opposing Lawyers Are Not Necessarily Adversaries
Beware of Half-Baked Legal Information
One Final Point of Introduction
Other Things Worth Knowing about Everyday Law
“Cases in Equity” vs. “Cases in Law”
Why Are There So Many Different Courts in the United States?
Trial Courts of General Jurisdiction
Trial Courts of Limited Jurisdiction
A Short Course in U.S. Court Geography
The Limits of Federal Court Jurisdiction
CHAPTER 2
THE LAW OF CONTRACTS
Excuse Me! I’ve Changed My Mind
A Short Detour to Reasonableness
A Short Detour to Conditionville
Your Family Loves Your New HDTV
Other Things Worth Knowing about Contracts
Contracts Statutes of Limitations
Detrimental Reliance Instead of Consideration
Specific Performance Instead of Money Damages
Choice of Law and Forum Selection Contracts
Mandatory Arbitration and Alternative Dispute Resolution
CHAPTER 3
INTENTIONAL LEGAL WRONGS
Awarding Damages for Harm Done
Did April Also Assault Fuller?
Defenses to the Intentional Tort of Battery
Fuller’s False Imprisonment and April’s Assault
Trespass to Chattel and Conversion
Other Things Worth Knowing about Intentional Torts
CHAPTER 4
NEGLIGENCE AND ACCIDENTS
I’m Dreaming of an Icy Christmas
Mona Also Has to Act Reasonably
Was Brighton Negligent for Not Calling the Paramedics?
Other Things Worth Knowing about Negligence
When Government Employees Are Negligent
CHAPTER 5
MARRIAGE AND PRENUPTIAL AGREEMENTS
The “Are They Legally Married” Game
How to Create a Protest-Proof Prenup
An Aside: What If the Pair Weren’t Married?
CHAPTER 6
SEPARATION AND DIVORCE
The “Are They Still Legally Married” Game
Fault-Based and No-Fault Divorces
Why Fault-Based Divorce Survives
Marital Property and Spousal Support
The Challenge of Dividing Marital Property
Community Property Distribution
Equitable Property Distribution
Complete Financial Disclosure Is a Must
Modifying Property Division and Separate Maintenance
CHAPTER 7
ADOPTION, CHILD CUSTODY, AND CHILD SUPPORT
Adoption Creates a New Parent/Child Relationship
Adoptions vs. Legal Guardianship
Non–Hague Convention Intercountry Adoptions
Jack and Jill Tumble into Divorce
Can Jill Move to Another State?
The Federal Child Support Enforcement Program
Jack and Jill Refuse to Let the Grandparents Visit Mack and Lil
Things Worth Knowing about Juvenile Justice
The Role of Law Enforcement in Juvenile Justice
Adjudication in Juvenile Court
Surprise: The Condition of the Wise’s New Apartment
Surprise: Some Utilities Not Included
Surprise: Some Rights Are Built into Every lease
Surprise: An Expensive Pet Policy
Surprise: Exorbitant Late Fees
Surprise: A Promise to Pay Evan’s Legal Fees
Surprise: Too Much “Right of Entry”
Surprise: The Wises Are Responsible for Many “Routine” Repairs
Surprise: A Festival of Breakdowns
Surprise: How Do We Get Our Security Deposit Back?
Other Things Worth Knowing about Renting a Home
When a Landlord Wants the Tenant Out
CHAPTER 9
BUYING (OR SELLING) A HOUSE
The Arcane Language of Property
Other Ownership Alternatives: “Condos” and “Coops”
Co-tenancies for Multiple Owners
Surprise: The Dithers Are at Risk
Surprise: Darren Deed Refuses to Repair Some Faults
Surprise: “Everything” Wasn’t Included
Surprise: There Were Undisclosed Defects
Surprise: Darren Deeds Didn’t Move Out at Closing
Other Things Worth Knowing about Buying a House
Covenants, Conditions, and Restrictions
If a Home Purchase Falls Through
CHAPTER 10
NEIGHBORHOOD DISPUTES
The Case of the Odoriferous Compost Heap
An Exquisite—Though Disturbing—Noise
Trees and Overhanging Branches
A Lack of Lateral and Subjacent Support
CHAPTER 11
PERSONAL PROPERTY AND GIFTS
The Case of the “National Treasure”
Greater and Lesser Rights of Possession
The Generous Mademoiselle Take
Engagement Rings as Conditional Gifts
Other Things Worth Knowing about Personal Property
Temporary Possessors of Property
CHAPTER 12
The Products You Buy
The Case of the Abominable Appliance
Warranties—Express and Implied
Warranties You Get without Asking
Implied Warranty of Merchantability
Implied Warranty of Fitness for a Particular Purpose
How Long Do Implied Warranties Last?
Can the Retailer Shift the Responsibility?
The Everyday Law of Written Warranties
The Universal Legal Rights Statement
After the Third Pasta Phantom Exploded
Defenses Against a Products Liability Claim
The New Vehicle Window Sticker
A Written (Not Oral) Purchase Agreement
Extended Warranties (Service Contracts)
Unfair and Deceptive Acts and Practices
Automotive Products Liability and Recalls
CHAPTER 14
TRIALS IN SMALL CLAIMS COURT
The Case of the Buckled Wood Floor
Sending Subpoenas to Witnesses
Veronica’s Answer and Counterclaim
Veronica Tries to Settle the Case
Other Things Worth Knowing about Small Claims Court
CHAPTER 15
YOUR CONSTITUTIONAL RIGHTS AND FREEDOMS
The Case of the Constitutionally Protected Cookies
Reasonable Restrictions on Public Forums
I’ll Take It to the Supreme Court
The Broad Meaning of Establishment
Religious Symbols in Public Places
Religions Symbols in Public Holiday Displays
Religious Use of Public Facilities
Your Right to Freely Exercise Your Religion
“What Will Happen on Cookie Day?”
Other Things Worth Knowing about Rights and Freedoms
Speaking of the Right to Privacy
Your Rights When Out of the United States
Your Right to Travel Freely in the United States
CHAPTER 16
EVERYDAY LAW ON THE JOB
A Tale of Three Job Candidates
Does Nora Nelson Deserve Overtime Pay?
Ted Johnson’s Religious Accommodations
Monitoring Neal Mason’s Computer
Tom Blanchard’s On-the-Job Injury
Roger Lapin Promised to Keep Our Secrets
The Unfortunate Incident in the Data Center
CHAPTER 17
CRIMINAL LAW AND PROCEDURE
The Case of Sticky-Fingered Aunt Edna
“Almost Crimes” That Receive Real Punishment
Step 3: Aunt Edna’s Preliminary Hearing
Step 4: Aunt Edna Is Arraigned
Step 5: Aunt Edna’s Pretrial Activities
Other Things Worth Knowing about Criminal Law
Criminal Statutes of Limitation
The Tale of Aunt Edna’s Interrogation
When Federal Agents Ask Questions
Mental Competence and Insanity
Iatrogenic? What Does That Mean?
Fiona Feelgood’s Heart Problems
One Malpractice Claim Moves Forward
Advance Directives for Health Care
Durable Power of Attorney for Health Care
Registering Your Advance Directives for Health Care
CHAPTER 19
LEGAL ISSUES AT THE END OF LIFE
The Case of Your Three Favorite Uncles
Huey—The Uncle Who Died Intestate
The Representative’s Other Chores
Property Not Subject to Probate
Dewey—The Uncle Who Wrote a Will
The Advantages of Having a Will
Attested (Formally Witnessed) Will
Holographic (Handwritten) Will
The Problem with Pre-prepared Wills
There Are Things You Can’t Give Away
The Impact of Marriage and Divorce
You Were One of Uncle Dewey’s Named Beneficiaries
Louie—The Uncle Who Avoided Probate
Wearing Two Hats: Settlor and Trustee
The Joys (and Disadvantages) of Avoiding Probate
Mandatory Credit Counseling and Debtor Education
Bankruptcy: The “Nuclear Option”
Automatic Stay of Creditor Collection Efforts
Two “Chapters” of Personal Bankruptcy
Chapter 7 Abuse and the Means Test
Debts Discharged in a Chapter 7 Bankruptcy
Exempt Property in a Chapter 7 Bankruptcy
A Common Question: Can I Keep My House?
Chapter 7 Collateral Redemption
Comparing Chapter 7 and Chapter 13
Other Things Worth Knowing about Bankruptcy
Filing for Bankruptcy a Second (or Third) Time
CHAPTER 21
EVERYDAY IMMIGRATION LAW
The Case of the Innovative Immigrant
Who’s in Charge of Immigration?
The Visa Waiver Program for Visitors
Sham Marriages to U.S. Citizens
Employment-Related Green Cards
Another Path to a Green Card: Investment
Persons Not Allowed to Enter the United States or Immigrate
Rights of Lawful Permanent Residents