Law 101: Everything You Need to Know about the American Legal System

The law is all around. People continually invoke their rights, and every year millions of Americans are involved in formal legal proceedings. Yet most people are ignorant of even the basic concepts and organizing principles of U.S. law. Into the breach comes Jay Feinman's engrossing book Law 101: Everything You Need to Know About the American Legal System. Akin to a crash course in the first year of law school, Law 101 is a clearly written, eminently readable guide to the tenets of our legal system. It is structured around basic questions such as "If a contract is unfair, can a court refuse to enforce it?" and replete with clarifying examples--real and hypothetical. In explaining battery, Feinman writes: "If someone consents to a certain bodily invasion, he does not necessarily consent to any bodily invasion, however. When Mike Tyson and Evander Holyfield are in a boxing match, Holyfield has consented to Tyson punching him in the nose ... but he has not consented to Tyson biting off a piece of his ear." Much clearer.

Law 101 won't instruct you on how to write your will or get divorced, but it will educate you at a more systematic level. It is also a great read. --J.R.

Product Description
The best-selling first edition of Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this revised edition, Jay M. Feinman offers an updated survey of American law, spiced with new anecdotes and cases, and incorporating fresh material on topics ranging from the President's war powers, to intellectual property, standard form contracts, and eminent domain.
Here is an exceptionally clear introduction to law, covering the main subjects found in the first year of law school, giving us a basic understanding of how it all works. Readers are introduced to every aspect of the legal system, from constitutional law and the litigation process to tort law, contract law, property law, and criminal law. Feinman illuminates each discussion with many intriguing, outrageous, and infamous cases, from the scalding coffee case that cost McDonald's half a million dollars, to the sensational murder trial in Victorian London that led to the legal definition of insanity, to the epochal decision in Marbury v. Madison that gave the Supreme Court the power to declare state and federal laws unconstitutional. He broadens the reader's legal vocabulary, clarifying the meaning of everything from "due process" and "equal protection" in constitutional law, to the distinction between "murder" and "manslaughter" in criminal law. Perhaps most important, we learn that though the law is voluminous and complex, it is accessible to all.
Everyone who wants a better grasp of current legal issues--from students contemplating law school, to journalists covering the legislature or the courts, to fans of Court TV--will find here a wonderful source of information: a complete, clear, and colorful map of the American legal system.
"An entertaining and informative introduction to the law.... For journalists, those interested in the law, and fans of television law dramas, this book should be required reading."--Library Journal

The claim of this book to provide "everything" you need to know about American law is undoubtedly exagerrated. This being said, Feinman provides a clear, thoughtful, and insightful coverage of the essentials of all that is covered in the first-year curriculum of a first-year U.S. law school program without the pain of wading through extensive case material - contracts, criminal law, torts, property, constitutional law, and legal procedure.

The strength of this book lies in its emphasis on the open nature of many legal issues -- where there are no straightforward answers. I especially enjoyed, in the section on constitutional law, the superb discussion of the scope of the justiciability doctrine which eshews intrusion of courts into the authority of other branches of government. But what exactly constitues a nonjusticiable political question which the courts should not decide?

An extract from the author's section on civil procedure underscores his invitation to the reader to avoid thinking about the law as cut and dried subject matter and process: "The lesson from all of this is that clear, rigid legal rules are often not what they appear to be. They either produce injustice as they are applied in varying fact situations, or they demand interpretations and exceptions - yet interpretations and exceptions cause complexity and uncertainty. Broad, flexible legal rules, on the other hand, give the courts great discretion, and discretion produces conflicting decisions and uncertain rules, which is another form of complexity and injustice."

The last one and a half pages are a tour de force in clarity and simplicity for those seeking to appreciate legal reasoning. It identifies a limited set of questions which can be applied to any layman's encounter with legal issues in newspapers or eleswhere, and give him some sense of what lawyers and judges have to do.

Readers show be aware that this book, while a good introduction to the frame of mind of a U.S. jurist, is not intended to be a comprehensive introduction to the U.S. legal system.


Want to know how to be a lawyer?   May 2, 2000
17 out of 19 found this review helpful

If you do read this book. Law 101 gives you the perfect intro into the world of law. This book tells you what is a suitable case, how to compile a case, and the terms one needs to know about the American legal system. This book is amazing! Jay M. Feinman does it again!


A Great Intro to the Basics - and a fun read!   June 23, 2000
o0mingmak (Honolulu)
17 out of 18 found this review helpful

I highly recommend this book to anyone who wants to learn more about the basics of law but does not want to read through tedious, mind-numbing text. This book covers a lot of ground (basically all of the main doctrines of US law) and is entertaining at the same time due to the author's clear / concise narrative and numerous examples.

From the beginning, Feinman explains that "law is not in the law books" but that law "lives in conduct; it exists in the interactions of judges, lawyers and ordinary citizens". Law is how we interpret it to be at a given time - it is in and of the people. From this and other insights, Feinman has helped me gain a greater appreciation for the US legal system as well as making me a more legal savvy citizen. In this day and age this is important - at one time or another we will all have to consult a lawyer for something.