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Solution Manual for Introduction to
Law 6th Edition
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Chapter 1
Introduction to Law

CHAPTER OVERVIEW
Chapter 1 provides an overview of the nature of law and its historical origins and
philosophical theories. This chapter also explains some of the more common categories of
law, including the sources of law, the distinction between substantive and procedural law and
the differences between criminal and civil law.

CHAPTER OBJECTIVES
1. Define the term law.
2. List some of the historical origins of law.
3. Explain the basic concepts of a civil law legal system.
4. Explain the basic concepts of a common law legal system.
5. List and describe three major philosophical theories of law.
6. List three important categories of law.
7. Explain the purpose of substantive laws.
8. Explain the purpose of procedural laws.
9. Provide examples of substantive criminal laws and substantive civil laws.
10. Compare and contrast procedures in a criminal case with procedures in a civil case.

LECTURE OUTLINE
1. Case File – Centerville News: March 10
2. Introduction
3. What Law Is
4. Categories of Law
5. Chapter Cases
6. Case Summaries

LIST OF CHANGES/TRANSITION GUIDE

Feedback from instructors and students who use this text confirmed that the basic
organization and features of this textbook are successful. Students especially appreciate the
extensive key term definitions in the margin, the interesting cases, and the wide use of
common hypothetical cases to explain the application of legal principles. These features
remain in the text. However, the law is not, nor will it ever be, a static entity. Any useful
textbook dealing with the law must reflect these changes. As a result, our goal in this edition
is to also provide students with the following.

1 CopyrightCopyright
© 2019, Pearson
© 2019, Pearson
Education,
Education,
Inc. Inc. 1
 Updates to the law and exhibits containing current legal forms and court documents
A broader view of some of the substantive and procedural areas of law
Updated information on the use of technology in law practice
Discussion of new court cases illustrating current trends in the development of our
laws
More practice in building critical thinking skills with additional case questions and
end-of-chapter exercises.
All chapters have been reviewed, edited, and updated so as to contain current law and legal
forms.

2 CopyrightCopyright
© 2019, Pearson
© 2019, Pearson
Education,
Education,
Inc. Inc. 2
QUESTIONS FOR REVIEW
Suggested answers:
1. A set of rules and procedures usually intended to regulate some aspect of society.
2. Code of Hammurabi and the Napoleonic Code.
3. Stare decisis / Medieval England
4. A civil law legal system is based on written laws or codes. A common law legal
system is developed through the courts.
5. Study of philosophy of law.
6. Natural theory of law is a philosophical theory holding that law reflects the moral and
unchangeable laws of nature. Legal positivism is a philosophical theory holding that
the validity of law is not related to morality. Legal realism is a philosophical theory
that laws are created by judges and therefore subject to individual beliefs and
prejudices.
7. U.S. laws generally stem from one of three sources: a constitution, a statute, or a case
decision; they are known accordingly as constitutional law, statutory law, or case law.
8. Substantive laws are laws that define our rights and obligations. Procedural laws are
laws that dictate how we enforce our rights and obligations.
9. Due process of law.
10. Procedural laws or rules tell us how we enforce substantive rights. Often, these rules
deal with the court process. Where a lawsuit should be filed, what the time limit is for
filing the action, and what type of papers must be filed in court are all questions of
procedural law. The answers to these types of procedural questions are generally
found in statutory law or rules of court. Rules of court are laws that are adopted by
various courts with power given to the courts by the legislature. However, in both
criminal and civil cases both constitutional and case law are sometimes important in
determining the procedures that must be followed. In the area of criminal law, the
U.S. Constitution specifies several procedures that must be followed by police, by
prosecutors, and by the court. For example, in criminal cases, a defendant has the
right to have an attorney. The defendant also has a right to due process of law. In the
area of civil law, the selection of the proper court in which to initiate the lawsuit is
sometimes a problem. Civil lawsuits must be filed in a court that has jurisdiction.
Jurisdiction is a complicated legal subject, but refers to the fact that the court must
have the power or authority to hear a case. The U.S. Constitution limits the types of
cases that can be brought in federal courts. The concept of due process of law also
applies to jurisdiction and limits the rights of courts to hear cases against defendants
who do not reside within the state in which the court is located. This is an
increasingly important issue with the amount of business done over the Internet.
When constitutional procedural issues arise, courts are often required to determine
how the Constitution applies to the specific facts of the case.

APPLICATION AND ANALYSIS PROBLEMS

Suggested Answers:
1. The landlord in Smith was not allowed to refuse to rent. The court stated that the
landlord’s religious beliefs “may not permit her to rent to unmarried cohabitants, but
the right of free exercise does not relieve an individual of the obligation to comply
with a valid and neutral law of general applicability on the ground that the law
proscribes conduct that his religion prescribes.” (p. 1161)

3 CopyrightCopyright
© 2019, Pearson
© 2019, Pearson
Education,
Education,
Inc. Inc. 3
 2. In ‘North Coast Woman’s Care Medical Group’ the court stated that California has a
civil rights law that prevents a business from discriminating based on sexual
orientation. Because this is a valid and neutral law, the doctors had no First
Amendment right to discriminate.
3. The action against the officers was civil and not involving the state or any criminal
law.
4. This is a criminal case. It resulted from the commission of a crime and was brought
by the state, not the victim.
5. Answers will vary.

ASSIGNMENTS AND PROJECTS

Suggested answers:
1. Answers will vary.
2. Answers will vary.
3. Answers will vary.

SKILLS ASSESSMENT
Suggested answers:
1. This is a civil case resulting from a civil lawsuit filed by a rape victim under 42
U.S.C. § 13981.
2. (a.) Criminal. (b.) Civil.
3. (a.) Criminal. (b.) Eighth and Fourteenth Amendments. (c.) The Court looked at
recent history and examined how state legislatures and the international community
had been eliminating the death penalty for juveniles. (d.) The Court considered the
humanity of the death penalty, the national and international consensus against the
use of the death penalty on juveniles and weighed the nature of the penalty against the
immaturity and lack of judgment of juveniles.

4 CopyrightCopyright
© 2019, Pearson
© 2019, Pearson
Education,
Education,
Inc. Inc. 4
 Chapter 2
The U.S. Legal System

CHAPTER OVERVIEW
Chapter 2 provides an overview of the U.S. legal system. Included is a discussion of the
concept of federalism. The different branches of federal and state governments are
discussed. The three major sources of laws, constitutions, case law and statutory law, are
defined and explained.

OBJECTIVES
1. Explain the concept of federalism.
2. Describe the power of the federal government to make laws and identify the source of
that power.
3. Discuss the limits on the right of the states to make laws.
4. Explain the difference between exclusive and concurrent jurisdiction as related to the
law-making process.
5. Explain how the Supremacy Clause relates to the law-making power of the states.
6. Identify and describe the function of each branch of the federal government.
7. Describe role of the U.S. Constitution and state constitutions.
8. Explain how the concept of precedent or stare decisis operates today.
9. Compare and contrast case law and statutory law.
10. Outline the legislative process for the enactment of laws.

LECTURE OUTLINE
1. Case File – The Richfield Matters
2. Introduction
3. Federalism – the Relationship Between Federal and State Government
4. The Federal Government and the Legal System
5. State Governments and the Legal System
6. Sources of U.S. Law
7. Chapter Cases
8. Case Summaries

LIST OF CHANGES/TRANSITION GUIDE

Feedback from instructors and students who use this text confirmed that the basic
organization and features of this textbook are successful. Students especially appreciate the
extensive key term definitions in the margin, the interesting cases, and the wide use of
common hypothetical cases to explain the application of legal principles. These features
remain in the text. However, the law is not, nor will it ever be, a static entity. Any useful
textbook dealing with the law must reflect these changes. As a result, our goal in this edition
is to also provide students with the following.
Updates to the law and exhibits containing current legal forms and court documents
A broader view of some of the substantive and procedural areas of law
Updated information on the use of technology in law practice
Discussion of new court cases illustrating current trends in the development of our
laws

5 CopyrightCopyright
© 2019, Pearson
© 2019, Pearson
Education,
Education,
Inc. Inc. 5
 More practice in building critical thinking skills with additional case questions and
end-of-chapter exercises.

6 CopyrightCopyright
© 2019, Pearson
© 2019, Pearson
Education,
Education,
Inc. Inc. 6
Exploring the Variety of Random
Documents with Different Content
cabin-boy knows that you haf been true to your friends and stuck by
your colors, boy. It vill do you no harm. I vas getting old, and there
is gray in my hair, and I vill never be a ship's officer. But if you does
your duty and sticks by your friends you will wear the blue coat mit
the brass stripes on the sleeve, and you will be glad you stayed by
steam."
"But I always wanted to be the kind of a seaman my father was,"
confided David, grateful for the cheer of this grizzled shipmate. "And
I've just left that kind of a ship-master and a vessel that made me
sort of choke all up to look at her."
Next morning came fair and sparkling, with a fresh wind out of the
north-west that set the harbor to dancing. The liner's decks were
crowded with passengers in holiday mood. From her huge funnels
poured clouds of black smoke, to tell the water front that she was
eager to be free and hurrying over seas. Promptly on the stroke of
ten, as if she were moved by clockwork, the decks trembled to the
thresh of her giant screws, hawsers came writhing in to the rattle of
donkey-engines fore and aft, and the black hull of the liner slid
slowly past her pier.
Up in the bow, able seaman David Downes waved his cap to Arthur
Cochran who had come down to see him off. Their friendship had
been knit closer by the sailing of the Sea Witch, and David glowed at
the thought of the message which Mr. Cochran, senior, had sent to
the steamer by his boy:
"Tell the able seaman that I wasn't as crazy as I seemed when I
bought the Sea Witch overnight. If he had wanted her for himself it
would have been another matter. But I did it to please him as much
as to please the old skipper and my boy. Tell him he has helped me
to know what friendship means, in a world where I thought that kind
of thing had gone out of style."
As the Roanoke neared Sandy Hook, David saw far ahead a row of
tall spars astern of a tug. He forgot his work and rushed to the rail.
It was the Sea Witch, and the liner would pass close to her. Soon
little patches of white began to break out among the yards of the
ship ahead. The bos'n stood beside David and growled in his ear:
"You must not loaf on deck, boy, but maybe a minute won't hurt
nothings. It vas a good sight, that. I know it all. Now I hear the
captain say to the mate, 'Set your jibs.' And next it is, 'Set your
staysails.' And then it is, 'Loose your lower topsails.' Then the mate
vill sing out to the men, 'Haul away the lee sail,' or 'Overhaul the
main-top-gallant bunt-lines.' But I am an old fool and you are a
young loafer. Get along mit you."
As if by magic, the white canvas was spreading higher and higher
above the low hull of the Sea Witch, until her royals seemed like bits
of the clouds that drifted in the blue sky. As David answered a
summons from the bridge, he overheard Captain Thrasher say:
"Very smartly done. The old man must have shipped a good crew.
Wonder where he got 'em? That's the way Yankee ships used to
make sail when I was a boy."
David felt a thrill of pride as if he had a personal share in this
welcome praise. The liner was overhauling the Sea Witch hand over
hand. David was straining his eyes to make out the flutter of a skirt
on the quarter-deck. The ship was still too far away, however, and
his attention was caught for a moment by the surprised voice of the
bos'n:
"Holy schmokes, your granddaddy is gettin' up his sky-sails. He vill
give us a race, eh?"
Sure enough, the sailors of the Sea Witch could be seen working in
mid-air, and presently the tiny squares of canvas gleamed above her
royals. "It is to show this old tea-kettle what a Yankee ship can do,"
quoth the bos'n.
No more stately and beautiful sea picture could be imagined than
the Sea Witch, when Captain Bracewell had put her under this
staggering press of sail. The wind was humming through the stays
of the Roanoke's apologies for masts, and it smote the Sea Witch
with a driving power, which heeled her until the copper of her hull
gleamed like a belt of gold against the white-capped Atlantic.
David could see Margaret leaning against the weather rail of the
poop, her hair blowing in the jolly wind, as she shaded her eyes and
gazed at the liner's decks. Nor could this daughter of the deep sea
have asked for a more fitting accompaniment for her farewell to
David than the roaring chorus which floated from amidships of the
Sea Witch. Captain Bracewell had bullied and bribed the shipping
masters of New York to find him Yankee seamen. It was a hard task
that he set them, but by hook and crook he had gathered a dozen
deep-water "shell-backs" of the old breed among his thirty foremast
hands, and they knew the old-time sailors' chanties. Now, as they
swayed and hauled on sheets and braces, their lusty chorus came
faint and clear to the liner:

"Come all ye young fellows that follow the sea,

With a yeo, ho, blow the man down,
And pray pay attention and listen to me,
Oh, give me some time to blow the man down."

Soon the chorus changed as the topsail yards were swayed:

"We're outward bound this very day,

Good-by, fare you well,
Good-by, fare you well.
We're outward bound this very day,
Hurrah, my boys, we're outward bound."

The passengers of the liner were cheering. Here were sights and
sounds which they had read about in romances of the sea. But David
was no longer thinking of the ship yonder. He was blowing kisses to
the "little girl" who had crossed the deck and was standing with one
arm about the captain of the Sea Witch. Over their heads was set a
row of signal flags to speak their parting message:
"All's well. Love and greetings."
Captain Thrasher turned his whistle valve, and the Roanoke bellowed
a courteous "Good-day to you." Stronger and more musical than
before came the sailors' chorus:

"Hurrah, my boys, we're outward bound."

Captain Thrasher chanced to catch a glimpse of the lad with the

radiant face, who was leaning over the rail of the deck below him.
With a kindly impulse, he sent a boy to call David to the bridge.
"You can see them a little better here," said the captain. "I take it
that you're pretty sorry to leave those shipmates of yours. Did you
want to go with them?"
The young able seaman stood very straight, and his square jaw was
firm-set, as he replied:
"Yes, sir. But I decided to stay with you."
The captain of the liner understood the boy's struggle. He made no
comment, but said to one of his officers:
"Tell the quartermaster to sheer a little closer to that ship. I may
want to speak her."
David looked his gratitude, and was on edge with excitement, as he
gazed down at the white deck of the Sea Witch, and wondered if his
voice could carry that far. Perhaps he might hear Margaret call to
him. She had seen him go to the bridge. Her face was upturned, and
she had picked up a speaking-trumpet.
 David gazed down at the white deck of the Sea Witch.
Just then the fourth officer of the Roanoke brushed past David. He
was bare-headed, his coat was torn, and there was blood on his
face. He addressed the captain, as if short of breath:
"If you please, sir, two of those insane steerage passengers we are
deporting have broken out, and are running amuck below. The rest
of the people are scared clean off their heads, and I want more help
to handle 'em."
The discipline which had become an instinct with Captain Thrasher
caused him to grasp at whatever assistance was nearest to save
every second of time he could. He saw David at his elbow, and
snapped at him:
"Down you go! Jump! I'll send more help in a minute or two."
David cast one glance at the deck of the Sea Witch. Margaret had
never looked so dear to him as now, when she was almost within
speaking distance. The pleading disappointment in David's face was
not unobserved by Captain Thrasher, but his grim features were
unmoved as he repeated, more sharply:
"Don't stand like a dummy! Below with you!"
A sweet, shrill hail came from the quarter-deck of the Sea Witch,
"Oh, David, ahoy!"
David heard it, but he did not turn to look over the side. The
doctrine of duty had never been so hard to swallow, but with his jaw
set hard and his fists shut tight he ran after the fourth officer. A
bedlam of noises came from the steerage quarters, groans and
shrieks and prayers. Re-enforced by two more seamen, the officer
and David charged into the uproar. Three stewards and a
quartermaster had pinned the insane foreigners in a corner, and
were trying to put strait-jackets on them. It was a difficult task, even
with more help, and the panic of the other Hungarians, Russians,
and Poles had grown to the size of a riot. David pitched in with the
momentum of a centre-rush, and after several sharp tussles looked
around him to find that his doughty comrades had done their duty
well. His impulse was to rush on deck for a sight of the Sea Witch,
but his duty was to await orders.
"Stand guard over these poor lunatics till you are relieved," grunted
the fourth officer.
David's face turned very red, he winked hard and tried to hold back
the words that rushed to his lips:
"But I must go on deck, sir. I—I—" he broke off and steadied himself
with a great effort. Before the amazed officer could reply to this
mutinous outburst David had come to himself. Discipline and duty
took command again, and he added in a tone of appeal:
"Please forget what I just said, sir. I didn't mean to talk back. Of
course I'll stay."
The officer cast a sour look at the lad, as if in half a mind to punish
him. Then with a gruff "Keep your tongue in your head next time,"
he went away.
David looked around at the speck of blue ocean which glinted
through an open porthole. Margaret's ship was out there, but he
could not see her. Every moment the liner and the Sea Witch were
drawing farther and farther apart. And Margaret—was she looking
for him, trying to send across the water her message: "Don't forget
your dearest folks"?
The disconsolate David, sulking in the steerage, was not wise
enough to know that in this trying hour he was doing that which
would have made his "dearest folks" happy in this big boy of theirs.
When at length he climbed on deck, the stately Sea Witch was hull-
down against the blue of the south-western sky. Lower and lower
dropped the pyramid of sail, until a fleck of white hung for an instant
on the horizon line. David rubbed his eyes, and looked again. The
Sea Witch had vanished.
He turned away and looked up at the bridge of the Roanoke. Captain
Thrasher was pacing his airy pathway, quiet, ready, masterful, while
the strength of fifteen thousand horses drove the Black Star liner
toward her goal. David Dowries was sure in his heart that he had
chosen the right way, although it was the hardest way. As the sun
went down, he gazed across the heaving sea where he had last
glimpsed the Sea Witch, and said to himself:
"What I ought to do, not what I want to do: that is the course
Captain John and Margaret told me to steer. And here is where I
belong."
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