Weisler, Raymond S.

English

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DePaul Law Review Volume 16 Issue 2 Spring-Summer 1967 Article 25 Frascona: C.P.A. Law Review Under the Unifrom Commercial Code Raymond S. Weisler Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Raymond S. Weisler, Frascona: C.P.A. Law Review Under the Unifrom Commercial Code, 16 DePaul L. Rev. 538 (1967) Available at: https://via.library.depaul.edu/law-review/vol16/iss2/25 This Book Reviews is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact digitalservices@depaul.edu. DE PAUL LAW REVIEWfending those who desire a complete report of the basic factors..upon whichthe conclusions are based.As mentioned previously, the jury is an established part of the American judi-cial system. There have been great discussions and debates concerning its effi-cacy, and Chapter 1 sets out these divergent beliefs in a simplified manner. Thereader is thereby given an overview of the criticisms raised.6 The authorsquickly point out that this study is not aimed at presenting answers to this de-bate, but has as its sole purpose discovering why a judge and a jury reach di-vergent verdicts in the trial of the same matter. In concluding their statement ofthe avowed aims of the study, the authors make the following remarks: "Thestudy will have relevance for both the critics and the defenders of the jury sys-tem and will provide fresh material for the jury debate. It certainly will notterminate it.' ' 7 This observation is certainly borne out by the conciusions de-rived from the study.Chapters 3 through 7 concern the methodology employed to give the basicinformation upon which the conclusions are based. While these chapters do notin themselves explain the reasons for disagreement between the judge and thejury, they present interesting reading material, in that justification for placingany reliance on the results of the study must stem from the credence which canbe placed on these results.The heart of the book is contained in Chapters 8 through 35, which explainin detail the reasons for the disagreement between the judge and the jury. Itmust be pointed out that it is not always the jury which is the more lenient inits verdict. Special treatment is given this result also. Speaking generally, fivecategories are established into which the reasons for disagreement are placed;namely, evidence factors, facts only the judge knew, disparity of counsel, jurysentiments about the individual defendant, and jury sentiments about the law.Disagreement occurs in 24.6% of the cases reported,8 and of these cases, one ofthe above categories is:the sole cause for the disagreement in approximately 15%of the cases.9 The categories of issues of evidence and jury sentiments on thelaw are found to account for 83% of all disagreement, 19 and are thus of themost consequence. The readers will find the discussions of the other categoriesas enjoyable and informative.The American Jury is one of those few books which all of those who are trulyinterested in the functioning of the legal process will find stimulating and ab-sorbing. Those not practicing Criminal Law will find that this work will whetour appetite for the soon-to-be published work on the civil jury.PAUL W. E'NGSTROM*6 For a good discussion of the propriety of the jury in civil litigation and alternativesto the requirement of a unanimous jury verdict, see Comments, 15 DEPAUL L. REv. 398,403 and 416 (1966).7 KALVEN AND ZEISEL, Op cit s-upra note 5, at 11.8 Id at 56. 9 Id at table 28. lo Id at 115.* Member of the Illinois Bar. J.D., De Paul University, 1966, and an associate of Lord,Bissel & Brook.C.P.A. Law Review Under the Uniform Commercial Code. By JOSEPH L.FRASCONA. Homewood, Illinois: Richard D. Irwin, Inc., 1966. Pp. 1282. $16.00.BOOK REVIEWSThe Uniform Commercial Code has made its impact in substantive and pro-cedural law, the changes in both areas now affecting almost all jurisdictions.Most practicing attorneys had their academic background and education in thevarious Uniform Laws relating to commercial transactions, including the Uni-form Negotiable Instruments Law and Uniform Sales Act and in the courts' in-terpretation of these laws. It is only the younger attorney whose educationincludes the study of the U.C.C.The volume under review is by title oriented to help "accountants and ac-counting students"' and is designed to provide complete guidance in preparingfor the commercial law part of the Certified Public Accountant examination andalso to assist practicing accountants who wish to keep up to date on commerciallaw. A reading of the material verifies the accuracy of this statement. However,a review of the material indicates a modesty by the author in his choice of tide,since the volume is also very useful to law students and to .the legal profession,and would make a worthwhile addition to the library of the practicing attorney.While there have been treatises and commentaries on the U.C.C., this volumecombines a completely classified and cross referenced copy of the 1962 OfficialText Code with text material which succinctly gives the author's analysis cover-ing (1) the differences between the Code and prior law, (2) the application bythe courts of these changes to specific fact situations, and (3) the author's selec-tion of pertinent comment from the Official Text. Questions and answers use-ful in a review of the subject are given and illustrative material is included whereit would be helpful in understanding the problem.In addition to the impact and effect of the Code upon each individual subject,common law and other statutes which affect the subject are discussed in context.Background information in each particular field of law is presented, intelligentlypointing up the legal reasoning behind any change of emphasis or substance inthe Code. The principles of interpretation of the Code are also delineated.The volume covers the fields to which the Code specifically applies, in addi-tion to areas of commercial law which the Code affects only incidentally. TheTable of Contents includes the law of Contracts, Personal Property, Commer-cial Paper, Agency, Partnerships and Corporations, Secured Transactions,Bankruptcy, Insurance, Real Property, Wills and Estates, Trusts, the Ac-countant-Client Relationship and Administrative Law. The text is written ina clear, concise and understandable manner by a professor of law at the Uni-versity of Colorado, and is the third section of the work which was first pub-lished in 1950 and again in 1959. It is extremely well indexed and classified.The special feature of the volume is its broad coverage of the fields of com-mercial law with which a student or practicing attorney would come intocontact. Particularly good text and explanatory material, footnoted as thisvolume is to the Code, would make a worthwhile volume. The addition ofthe Official Text Code in its entirety, with excerpts and quotes from theofficial comments makes it a valuable reference and review tool. On this basisit is a first rate addition to the literature on the Uniform Commercial Code.RAYMOND S. WEISLER*FRASCONA, C.P.A. LAW REVIEW, p. vii (1966).* Certified Public Accountant of the State of Illinois. Member of Illinois Bar. J.D.,John Marshall Law School, 1963.

Frascona:  C.P.A. Law Review Under the Unifrom Commercial Code

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Frascona: C.P.A. Law Review Under the Unifrom Commercial Code

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