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어렵게만 생각했던 미국 법, 이 책 한권이면 충분하다.
세계화시대, 글로벌화시대에 미국을 모르면 세계를 모른다고도 할 수 있다. 미국을 상대로 무역을 하는 회사, 유학생들, 민주주의를 배우는 정치?인들, 미국에 거주하고 있는 교포들이나 장차 이민을 계획하는 분들, 인터넷 모바일 상거래시대 국제법소송이 필요한분들까지 본서는 필수 교과서라고 할 수 있다.
본서는 한국법과 미국법의 차이점부터 시작하여 연방법과 주법의 체계, 법원의 소송단계, 민사소송법, 형사소송법, 민법, 상법, 부동산법, 결혼과 이혼, 상속법, 가정법까지 일반...
어렵게만 생각했던 미국 법, 이 책 한권이면 충분하다.
세계화시대, 글로벌화시대에 미국을 모르면 세계를 모른다고도 할 수 있다. 미국을 상대로 무역을 하는 회사, 유학생들, 민주주의를 배우는 정치인들, 미국에 거주하고 있는 교포들이나 장차 이민을 계획하는 분들, 인터넷 모바일 상거래시대 국제법소송이 필요한분들까지 본서는 필수 교과서라고 할 수 있다.
본서는 한국법과 미국법의 차이점부터 시작하여 연방법과 주법의 체계, 법원의 소송단계, 민사소송법, 형사소송법, 민법, 상법, 부동산법, 결혼과 이혼, 상속법, 가정법까지 일반인들이 필수로 알아야 할 미국 법을 총 정리하여 광범위하게 다루고 있다. 또한 법률용어라는 점에서 중요한 용어는 영어 원문을 그대로 살려서 혼란을 피하게 하였다.
저자 Mary Lee변호사와 Joseph Kim박사는 오랜 사건수임경험과 대학에서 강의한 경험을 토대로 어렵고 까다로운 법률용어를 아주 쉽게 풀이하여 미국법이 어렵다고 생각하는 분들과 법률초보자도 이해할 수 있도록 간단하고 상세하고 쉽게 강의식으로 저술하였다.

목차
01 한국과 미국 법체계의 주요 차이점 / 19
1. 미국의 법원 체계?연방법원과 주 법원 ··········································· 19
1) Federal Court System?연방 법원체계 ··········································· 20
2) 주 법원들(캘리포니아의 경우) ····················································· 24
2. 미국 배심원 재판 ············································································· 26
3. 민사소송 당사자의 조사 권리(Civil Discovery) ··································· 30
4. 미국의 형사 사건에서 검사의 역할 ·················································· 32
5. 미국 증거법의 특징 ·········································································· 33
1) No 유도질문 ·············································································· 33
2) 직접 아는 것이 아닌 추측, 생각(No) ··········································· 35
02 민사소송 절차법(Civil Procedure) / 37
1. Jurisdiction(관할권)의 개념 ······························································· 37
1) 연방 지방법원의 Subject Matter Jurisdiction ·································· 38
2) Personal Jurisdiction & In Rem Jurisdiction. ··································· 40
3) 연방법원의 Supplemental Jurisdiction(연방 법원이 어떤 사건을 다룰 때 그 사건과 접한 연관이 있는 주법(state law)의 내용을 함께 검토하고 결정을 내릴 수 있는 관할권) ···················44
2. 집단 소송(Class Action) ··································································· 45
1) Certification of Class(집단에 대한 인증서) ··································· 45
2) Notice(통보) ·················································································· 46
3) Jurisdiction(관할권) ········································································ 46
3. 고소장 및 답변서(Pleadings) ······························································ 47
1) 서면 요구(Demand Letter) ··························································· 47
2) 고소장(Complaint) 준비 ································································48
3) 법 선택(Choice of Law) ······························································· 50
4) 고소장 접수 ················································································· 52
5) 담당 판사탄핵(Peremptory Challenge) ············································ 52
6) 소장 전달 ···················································································· 53
7) 송달 증명서 접수 ········································································ 55
8) 피고의 대응(Defendant' Response) ·················································· 55
9) Amendment(고소장 수정) ···························································· 60
4. 재판을 위한 증거수집(Discovery) ······················································· 64
1) Written Discovery(문서로 하는 증거채집) ····································· 65
2) 구두로 하는 정외 증인 심문(Oral Deposition) ······························· 66
5. Writ of Mandamus(긴급 심의 요청) ·················································· 67
6. Summary Judgment(약식 문서재판) ··················································· 68
7. Mediation or Arbitration(합의 중재회담) ··········································· 68
8. Pre?Trial Motions(재판전의 청구신청) ·············································· 69
9. Trial(재판) ······················································································· 69
1) Court Trial(판사재판) ·································································· 69
2) Jury Trial(배심원 재판) ································································· 69
10. Judgment Notwithstanding the Verdict(평결 번복 신청) ··················· 72
11. Post Trial Motions(재판 후의 motions) ············································· 72
12. 판결이후 판결의 법리적 구속력 ··················································· 73
1) Collateral Estoppel ······································································· 73
2) Res Judicata ················································································ 73
13. Appeal Stage(항소 단계) ·································································· 74
1) Notice of Appeal(항소 의사 통보) ················································· 74
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