An authoritative and up-to-date introduction to the American legal system.
In this sixth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fifth edition, there have been many important developments on the legal front. The Supreme Court has become more conservative and is in the process of handing down important decisions that will change the law on affirmative action, abortion, gun rights, presidential power, and religious rights. Feinman covers all of this and expands his discussion of originalism, the guiding philosophy of many conservative jurists serving on the federal bench now. He also addresses the rapidly changing legal landscape in a variety of issue race and the criminal justice system, cryptocurrency, and tort reform, among others.
This fully updated edition of Law 101 accounts for all these developments and more, as Feinman once again covers all the main subjects taught in the first year of law school. Drawing from noteworthy, infamous, and even outrageous examples and cases, he discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, tort, and contract law. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter."
Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislatures, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.
Jay M. Feinman is an expert in insurance law, torts, and contract law. The recipient of numerous teaching awards, he’s also written seven books and more than 60 scholarly articles. He is a member of the American Law Institute and other professional organizations and is an advisor to United Policyholders.
Law 101, by Jay Feinman, is a practical and indispensable guide for general readers. The book enables citizens who are not lawyers to understand the basics of U.S. federal and state Constitutional law, our criminal and civil justice system, and other aspects of our judicial system that impact our lives, directly and indirectly. By providing the historical context for the U.S. legislative, executive, and judicial system, the author helps readers understand the increasingly complex and controversial issues of the day (and of the past). The author does not take stances on controversial issues. Rather, Feinman provides background that can help lay readers follow legal and policy decisions in the news and develop informed opinions based on reason, not emotion or political partisanship. Law 101 will be especially helpful to people who feel that listening to pundits shouting at each other on broadcast news is not productive or informative. In short, this is a useful, unbiased resource, best read with a copy of The Constitution of the United States at hand, for easy reference.
As an introductory text to the American justice system, Feinman’s 2000 book has no equal – at least this far into my preliminary research as I gear myself up for law school in less than two years’ time. Not only is he judicious in his explanations, but he also doesn’t shy away from the more complicated theoretical matters upon which our fundamental rights are based. For example, when he discusses the nuances of how our First Amendment rights have been interpreted over the course of two centuries’ worth of judicial review, Callahan is brilliantly succinct.
"A first principle is that religion is a realm of voluntary choice…A second principle is that religion and government are two separate spheres…A third principle is that government should be neutral as to religion. It should not favor or disfavor one religion over another, nor should it give preferences to religious activities over nonreligious activities, or vice versa."
Although the beauty of these ideas is clear – commonly to as the establishment and free exercise clauses – it is still odd, and even disturbing, that so many religiously minded Americans choose to ignore them in their self-righteous desire to shove their personal interpretations of the divine down our collective throats. (Did you read about how many Christian Scientists have been advocating a pay-for-prayer portion to be added to the current health care bill? If it wasn’t so bizarrely true, I would actually be laughing at the hilarity of it.)
Feinman also goes deep into the heart of how politics is not meant to permanently interfere with our basic rights when he discusses the cases that come to the Supreme Court, as did Roe vs. Wade.
"The will of a temporary majority, the sentiments of the moment, a vote in the legislature, cannot upset basic constitutional guarantees. In determining the content of those guarantees, though, the Court is not free to ignore the sentiment of the moment; the Court’s view of what rights are fundamental can be shaped by the temperament of the times as to what rights are fundamental."
A carefully constructed fulcrum is established and balanced here.
Feinman’s 330-page “introductory course” is top-notch. Reading it takes less than a tenth the time of actually sitting in on an 101 Law course, and without being either interrogated Socratic-style by a persistent law professor, or having to study like mad for that annoying final exam that will determine your entire grade. Now that’s a bargain.
I have read parts of this book, picking and choosing the topics several times over the years. I finally read it through. I am very interested in Constitutional, tort and contract law. I often skip over Property and Criminal law. My interests haven't changed, but I do feel that I have a bit more of a broader view than before. It is a very brief summary of most of the areas of the law, at least areas that are taught in law school, I believe (I have never attended Law School, only wished I had). I took my time reading, something like six weeks, and it is only 360 pages. I am glad for the overview, and I think I will be reading again.
This book read like a page turner, which either means the author did a good job, or that it's a subject I love. In this case, definitely both. Feinman structures this book to be a good one volume intro to law, covering the major topics that a 1st year law student would tackle. His explanations and good historical examples make law less some abstract, technical, unfeeling entity, and reveal its imperfect humanness, beauty and warts and in between.
Personal Response: I really wanted to read an exciting book about law ,and it's enforcement; However, I found this book relatively boring. It consistently used and reused subjects that the book has already listed to create more content in a book that should really be a textbook for law schools. However, as much as it is boring, it does have a bit of humor and sarcasm that is easily identifiable; As far as my understanding goes that makes Law 101 a lot more enjoyable than reading a sectioned book of rules. As a resource for understanding the law, this book is top-notch at teaching you. It goes at a steady pace ,so you have time and examples to learn what this new law thing you've just read about is.
Plot: As Law 101 is a resource for understanding the law, it has no plot; On the otherhand, this book clearly lists real world events on the subject it presents you. Law 101 is an informative book, it has no story.
Recommendation: I would highly recommend this book to anyone interested in the law ,and would highly suggest it to aspiring students of the law. Law 101 makes reading about law ,statutes ,and even the constitution as enjoyable as I believe it can be.
This is probably the best general-interest summary of the US legal system that I've found so far. Does a broad overview of the major areas (tort, civil procedure, criminal law, etc.) while also presenting them in a structured way and introducing general concepts and ways of thinking applicable across domains. Does a great job of presenting examples and guiding to reader to see how they could be addressed in multiple ways, and inviting the reader to think about why the law is the way it is, rather than just memorizing existing rules. I wish there were other books in this series which went more in depth into the various domains (since I'm unlikely to go to law school myself.)
I finished reading this book last month and it was a very compelling read, if a bit dry. Understanding the U.S. legal system is increasingly important as we look at what new policies our state and federal governments are enacting, and to avoid responding out of rhetoric instead of a factual knowledge about the law.
While this book will certainly not make anyone a lawyer, it does provide a fairly solid foundation of the various components of law and it's application. As such, it makes for an educational read before tackling more detailed legal texts.
This book shouldn't have taken me a month to read. It was engaging, interesting and insightful. However, I was so intent on absorbing every piece of information and memorising every legal term (I failed utterly) that I would put the book down whenever my concentration slipped a bit (which was almost all the time). On the whole, this book's catch is that it makes the subject of law really, really the opposite of boring. And that's a really big deal.
Really enjoyed this book. A nice overview of all(?) aspects of law, with some hypotheticals and case law to illustrate how it works (including some interesting contradictions and fuzzy situations). I might even read this a second time!
Don't worry! I'm not going to the dark side. I just wanted to be able to follow the patter of my attorney colleagues. This book is a pretty good introduction to topics in substantive and procedural law, and after finishing it, I could definitely play a lawyer on TV.
Professor Jay Feinman (Rutgers) summarizes the courses taken by most law students during their 1L year: Constitutional Law, Civil Procedure, Tort Law, Contract Law, Property Law, Criminal Law, and Criminal Procedure. One other great thing about this book is that it not only provides a high level elucidation of the black letter law to the layman, but also gives historical context and the balancing of interests (i.e., what we as a society have deemed important in terms of values, politics, and economics). Professor Feinman also reminds us that the law, like life, is complicated because on the one hand we want to have clear legal rules to ensure consistency, fairness, and predictability, yet on the other we want to make room for individual cases where the application of a rule would produce an unfair result. In order to accomplish things as a society that we can’t do individually (e.g., having a military) we have established a government (for which we’ve implicitly agreed to pool our resources) to act on our behalf to accomplish those tasks - to that end the government must be strong and have the power to tax us to pay for what it does - but how do we ensure that the government doesn’t become too strong, unreasonable, or tax us beyond our means? One way to check the power of government is to make it a democratic one, and so Constitutional Law seeks to protect the integrity of that democratic process. As for Civil Procedure (i.e., the rules for litigation), before decrying such as lengthy, cumbersome, and costly, consider what happens in subcultures where litigation is unavailable or elementary (often resulting in violence and/or social instability) and then consider what we as a society value: a fair procedural system that gives citizens their “day in court” where the parties have the opportunity to adequately develop the facts and law in support of their cases, present the relevant facts and arguments to an impartial judge and jury in a manner that balances comprehensiveness with efficiency - which is no easy task. Tort Law provides a system that allows private persons / entities to directly seek redress for their injuries while also providing incentives for private persons / entities to take the lead (i.e., have agency) in implementing policies and behaviors that prevent such injuries. Where as Tort Law deals with the past (i.e., putting the injured party to a comparable position before the harm occurred), Contract Law deals with the future: In our society and market economy, the contracting process is about the autonomy of each individual to decide whether to enter into a contract; Contract Law not only recognizes such autonomy but also offers a mechanism to work out problems that arise during or after performance (or lack thereof). Property Law, and a system of private property, is also in consonance with our founding philosophy as private ownership of property encourages productive activity and protects political liberty, because citizens who have economic independence do not need to rely on the government and will be more able to speak freely without fear of reprisal. (Thomas Jefferson: “Dependence begets subservience and venality.”) The function of Property Law is to provide people with security in knowing that their property will be protected (as opposed to it being vulnerable to theft / robbery by brute force) and by creating a system in which property can be transferred to those who will use it most effectively. Contrary to popular belief, Criminal Law (my favorite 1L subject) is not about wrongs committed against the individual (see Tort Law, supra), but rather about wrongs committed against the State - put another way, the State has determined what behaviors / actions are contrary to the public good, and can punish that behavior even if the individual victim doesn’t care. In considering why we have Criminal Law, the real question is the purpose of criminal punishment: is it utilitarian so as to benefit society by prevention (either by deterrence or by removing a bad actor from the rest of us); or is it retributivist (punishment for the sake of justice). Finally, one important aspect of Criminal Procedure is what rules and requirements police, prosecutors, and judges must follow. In the criminal justice system the government brings its power to bear against the individual. The rights of the individual are paramount in our society, and so a criminal sanction may only be imposed after a process that respects those rights, even if the process is slow, cumbersome, and likely to err on the side of the individual (which necessarily means that some guilty persons will be set free). Opponents to such a philosophy of criminal justice can reasonably disagree, but an apt question posited by Professor Feinman is this: do you want Criminal Procedure to look more like an assembly line or an obstacle course? Awesome book. Wish I read it more carefully 18 years ago.
Reviewing law texts is always a tough job because you’re largely contending with factual docs-- sure, generalizations have to be made for the sake of consolidating 50+ jurisdictions & their varying decrees into one atlas, but, by-and-large, the words & cases you’re reading are pulled verbatim from their respective opinions, thus preventing any external analyses from being logically conducted.
Well, as an overview of the American legal system, I can at least call Jay Feinman’s take on the matter a mostly-solid affair, its 400-page length successfully tackling the history, civil, tort, and of course criminal systems latent throughout the country. It’s been subdivided into five concise sections, each as well-paced as they are stuffed with bite-size information, and credit where credit’s due: it reads well. Feinman rarely gets stuck in the weeds, instead opting for plain-spoken English backed by quickly-defined jargon. You’ll learn a lot from reading this book, and it’s for that reason alone that I highly-recommend it. Legal illiteracy is one of the biggest death knells in this country: tons of good folks out there are taken advantage of because they don’t understand the rights available to them, and having an Idiot’s Guide like Law 101 goes a long way towards alleviating that problem.
It’s just unfortunate, then, how Feinman saw fit to shove his political views into the text, the worst instances of this occurring in the beginning wherein he laments the shift of the US Supreme Court towards conservative values. Now look, I’m not an idiot -- I am well-aware of the Federalist Society and its championing of justices amok in right-wing views. However, in scribing a work aimed at helping people, the last thing you want to do is alienate a good sect with such partisan statements, no matter their historicity, especially when it’s quite easy to channel your critiques through judicial or even chronological arguments. For example, in Shelby County v. Holder (not discussed in the book, but serving as a great illustration), Chief Justice John Roberts’s claim of the southern states not being more racist than the northern ones could swiftly be countered through reference to contemporary studies or the general norms that plagued the areas post-Jim Crow.
It’s also telling that Feinman, in lambasting the Bush & Trump 1 Administrations, conveniently fails to apply his same anti-authoritarian principles in cases of Democratic Party/liberal-adjacent Supreme Courts engaging in similar temperaments, either playing apologetics for their actions (softly-justifying FDR’s psychological removal of several justices during the Court-Packing campaign) or outright ignoring decisions (Korematsu v US; Lincoln’s suspension of Habeas Corpus/Ex parte Merryman) that would paint their respective actors in a negative light.
Thankfully, this is substantially-diminished as you progress through the actual meat-and-potatoes of the text, though you do sadly get the occasional smidgeons back to it (e.g., hand-waving away the Waco Tragedy as a government “battle” with a doomsday cult; deliberately misrepresenting the Subway Vigilante shooting by stating the executory bullet severed the assailant’s spine), so keep those in mind should you choose to read things.
But like I said, this is a small fib to an otherwise comprehensive novel that does a phenomenal job injecting nuance into controversial topics mired in US law. You will definitely close the last page feeling enlightened about the country we’re in, and certainly better-equipped for any legal confrontations should they arise. And arise they shall -- whether you like it or not, we’re all going to engage in some form of administrative activity eventually, either by signing contracts or (god-forbid) filing lawsuits against entities that wronged us, and by having a baseline knowledge of the projected process, you’ll be well-equipped towards overcoming those stressful endeavors.
I'm not a lawyer—yet—but I hope to be one someday. I picked up this book to see whether the basic concepts of American law would be accessible and engaging enough to keep me motivated in my pursuit of a JD. The book relies heavily on landmark Supreme Court and state supreme court rulings to break down foundational legal principles. There's no wading through dense academic jargon or unnecessary complexity—just clear, concise explanations of case law aimed at the legally curious layperson. What really stood out to me was the author's use of subtle, well-timed humor that keeps things interesting. The tone throughout feels like you're being taught by your favorite history teacher—approachable, informative, and just a little bit witty. I'm glad to have chosen this as one of my first real stepping stones on the path toward a legal education and career.
The legal system is a residual, adversary process by which those conflicts we are unable to sort out informally are resolved. This book is incredibly dense and, despite being just over 400 pages, took me nearly a full month to read. It proclaims early on to be fun and easy to read, and while this is certainly true to a degree, the reality is that it’s more or less a textbook covering everything from civil torts to sentencing guidelines for homicides and, if you want to get the most out of it, you’re going to have to put in some work. All in all, I’m quite glad that I read this book; even if I am likely to forget the specifics of voir doire or the precise definition of battery, I’ve come away with a deep intuition for our country’s laws and what I now view as the most powerful and fundamental incentive system in modern society.
This book gives a systematic, basic review of American law. It covers Constitutional Law, Criminal Law, Tort Law...and cites relevant cases and concepts. If you are thinking about the field of law as a career, or just want to understand some of what is going on around you in the realm of law, this is a good place to start.
It may take some patience and a quiet place to read. Don't read it fast either. You'll get more out of it if you read it as if a grade depended on it. In fact I would say it is worth reading twice, once in overview, once like a student.
This book was really good! I feel like he did a great job going into detail about all aspects of the law. And he did a really good job explaining why it’s not so simple. Everything in this life is grey, not black and white. And it’s impossible to use a one case fits all. That’s why law tries to help bring about different aspects in thinking and ensuring that everything is fair. It’s a different way about thinking of things than I’m used to, but I like how simply he put everything. Will help me see law in America differently.
A clear and comprehensive over-view of the curriculum of the first year at an American law school. It covers all the basic courses - constitutional law, contracts, property, civil procedure, criminal law. It is fashioned as an informal textbook, with questions as headings answered in well-organized sections.
This requires no background knowledge of the law. All the technical concepts are explained, and crucial distinctions made. I would highly recommend reading it to anyone thinking about entering law school. It will give you a very good idea what you're getting into.
The good: A neat overview of several main areas of the American legal system. The question-and-answer format and readable vernacular helps it to not come across as a textbook. I'll definitely have to read this for a refresher before my 1L year of law school. The bad: Property law chapters are a snooze and may actually get too far into the weeds. I think the book could have been longer and included more important cases and terminology, but I understand the author had to balance accessibility.
God this book was slow. A good insight on how ridiculous US law is. I am begging more practical, thoughtful, people-minded lawyers to please get into policy and make meaningful changes that improve these systems.
I really hated how it presented US law as completely neutral and separate from its white supremacist “past” - No, Jay. That racism is alive and well in courts across the country and the justice system is not the neutral party you make it out to be.
It's a book about law. I wasn't expecting anything exciting, just a recap on adderall fueled law classes I've taken in the past. Great book honestly, concise enough with examples to illustrate various cases yet not overly redundant. Some sections are boring, some sections are cool and useful. Was like a 9 hour read which was annoying but would recc to anyone wanting to become more fluent with us legal system
I an an engineer and program manager. I had two classes in business law and worked on federal procurement contracts. I found this book very informative. Focused on the areas that I had not dealt with. One book cannot make you a lawyer, but it can give you a sense of how the system words. Government contracts are a little different, but the basic rules apply.
This is a great introduction to the American law system. Starting with constitutional law and ending with criminal procedure, Feinman builds a strong foundation on which we add specifics. This is helpful in illustrating how law is involved in our every day lives. Great examples are given to describe how decisions been made and laws have been interpreted. It was not difficult to read 350 pages on law, something that sounds dull and difficult on the surface.
Immensely readable and easily understood basic introduction to the American legal system. The book was logical and methodological and well structured but still read as a friendly narrative rather than a textbook. I do wish there were footnotes that would delve deeply into the cited cases. But, failing that, there us an extensive index of cases at the end of the book.
This took me a lot longer than I would care to admit, partially because I only read it when I could find the time, but also because I wanted to truly learn the concepts in this book. While it's not my favorite thing I've ever read, it was an excellent summary of many of the topics that I will encounter in my first year of law school.
Good book with a great overview of the legal system. Focused more on addressing the main intellectual issues or areas of contention as well as the principles that underlie various categories of law. This is not a comprehensive overview and does not read like an introductory textbook, but rather tries to delve into the main intellectual questions.
Overall I think the author did a good job of trying to explain the law and its various aspects without going into too much case law detail like a law course would be taught. He had his citations and gave a good explanation. If you think of what a 101 course is in college (a freshman level course) this book is sport on and I would recommend.
This was an intelligent , comprehensive, and (most importantly in my opinion) engaging guide to introductory law. The many exemplary historical cases were most interesting and really helped in practical understanding of philosophical concepts. Would definitely recommend for someone wondering where to start when it comes to law- this has inspired me to inquire more about American law.
The book is easy to read and references certain cases, and brings in good logical examples to bring out laws. The introduction is transparent in how useful the book is- it will not make you a legal expert, but it gives you language and basic tools to start digging deeper. I highly recommend this book for anyone who has an interest in the American legal system.