LEGAL SYSTEM IN OPERATION - A CASE STUDY FROM THE PROCEDURAL BEGINNING TO THE JUDICIAL CONCLUSION

• NCJ Number: 51731
• Author(s): W ZELERMYER
• Date Published: 1977
• Length: 311 pages
• Corporate Author: Knowledge Network Press
• Sale Source: Knowledge Network Press
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

IN ORDER TO DEMONSTRATE THE NATURE OF THE LEGAL SYSTEM, ITS OPERATION, THE ROLE OF ATTORNEYS IN THE SYSTEM, AND AND LEGAL REASONING PROCESS, A CASE INVOLVING AN ENGAGEMENT RING DISPUTE IS EXAMINED IN DETAIL.

Abstract

A MARRIED MAN PROPOSED TO A SINGLE WOMAN, PROMISING TO DIVORCE HIS WIFE IN THE NEAR FUTURE, AND GAVE THE WOMAN A RING, WHICH HE CLAIMED TO BE AN ENGAGEMENT RING. THE WOMAN ACCEPTED THE PROPOSAL OF MARRIAGE AT FIRST BUT LATER RESCINDED, AND REFUSED TO RETURN THE RING WHICH SHE CLAIMED WAS MERELY A GIFT AND NOT WORTH THE VALUE ALLEGED IN THE COMPLAINT AGAINST HER. THIS RELATIVELY SIMPLE CASE IS FOLLOWED FROM BEGINNING TO END AND ILLUSTRATES THE VAST ARRAY OF LEGAL AND EQUITABLE CONSIDERATION INVOLVED IN PROCESSING A LEGAL MATTER. THE QUEST FOR JUSTICE, THE ROLE OF PUBLIC POLICY, THE DOCTRINE OF ESTOPPEL, THE CONCEPT OF UNJUST ENRICHMENT, THE DEVELOPMENT OF THE COMMON LAW, THE INTERPRETATION OF STATUTES, THE FORCE OF PRECEDENT, AND THE INTERPLAY OF COURTS AND LEGISLATURES ARE CONSIDERED IN THE COURSE OF THE CASE STUDY. THE TEXT DISCUSSES THE PROCEEDINGS AT SPECIAL TERM, ON APPEAL TO THE APPELLATE DIVISION, AND ON APPEAL TO THE COURT OF APPEALS. THE FINAL CHAPTER DEALS WITH THE BACKGROUND OF THE 'CLEAN HANDS DOCTRINE' IN EQUITY CASES, WHICH IS THE UNDERLYING THEME OF THE CASE STUDY. IT ALSO CONSIDERS THE RECENT APPLICATIONS OF THE 'CLEAN HANDS DOCTRINE' IN COURT. AN INDEX AND TABLE OF CASES ARE PROVIDED. (DAG)