Judicial Process: Law, Courts, and Politics in the United States

Cover
Title
Statement
Copyright
Brief Contents
Contents
Preface
Acknowledgments
About the Authors
Ch 1: Law, Courts, and Politics
	Ch 1: Introduction
	Courts and Government
	Courts as Legal Institutions
	Courts as Political Institutions
	Courts and Controversy
	Ch 1: Conclusion
	Ch 1: Critical Thinking Questions
	Ch 1: References
	Ch 1: For Further Reading
Ch 2: Law and Legal Systems
	Ch 2: Introduction
	What is Law?
	Legal Systems
	Civil Law
	Socialist Law
	Islamic Law
	Common Law
	Key Characteristics of the Common Law
	The Adversary System
	The Major Components of U.S. Law
	Interpreting the Law
	Ch 2: Conclusion
	Ch 2: Critical Thinking Questions
	Ch 2: References
	Ch 2: For Further Reading
Ch 3: Federal Courts
	Ch 3: Introduction
	Principles of Court Organization
	The History of the Federal Courts
	United States District Courts
	United States Courts of Appeals
	The United States Supreme Court
	Specialized Courts
	Federal Judicial Administration
	The Ongoing Federal Courts Caseload Controversy
	Attacks on the Federal Judiciary
	Ch 3: Conclusion
	Ch 3: Critical Thinking Questions
	Ch 3: References
	Ch 3: For Further Reading
Ch 4: State Courts
	Ch 4: Introduction
	The History of State Courts
	Trial Courts of Limited Jurisdiction: Lower Courts
	Trial Courts of General Jurisdiction: Major Trial Courts
	Intermediate Courts of Appeals
	Courts of Last Resort: State Supreme Courts
	The Lower Courts: A Closer Look
	Juvenile Courts
	Court Unification
	The Politics of Court Reorganization
	Court Reform: The Next Steps
	Drug Courts
	Consequences of Court Organization
	Ch 4: Conclusion
	Ch 4: Critical Thinking Questions
	Ch 4: References
	Ch 4: For Further Reading
Ch 5: Lawyers and Legal Representation
	Ch 5: Introduction
	Legal Education
	Law Schools Today
	Licensing Requirements
	Legal Ethics and Discipline
	Bar Associations
	The Work of Lawyers
	Access to Legal Services
	Ch 5: Conclusion
	Ch 5: Critical Thinking Questions
	Ch 5: References
	Ch 5: For Further Reading
Ch 6: Judges
	Ch 6: Introduction
	Judicial Selection
	Appointment of Federal Judges
	Judicial Elections
	Merit Selection
	Which System is Best?
	Judges At Work
	Judging The Judges
	Ch 6: Conclusion
	Ch 6: Critical Thinking Questions
	Ch 6: References
	Ch 6: For Further Reading
Ch 7: Mobilizing the Law: Litigants, Interest Groups, Court Cases, and the Media
	Ch 7: Introduction
	Legal Mobilization
	Court Caseloads
	Party Capability
	The Adjudicatory Process
	Traditional Versus Policy Lawsuits
	Interest Groups in Court
	Interest Group Litigation and the Oil Spill
	The Media and the Legal System
	Ch 7: Conclusion
	Ch 7: Critical Thinking Questions
	Ch 7: References
	Ch 7: For Further Reading
Ch 8: Trial Courts: The Preliminary Stages of Criminal Cases
	Ch 8: Introduction
	Policing
	Arrests
	The Defendant
	Initial Appearance
	Bail
	Prosecution
	Filing Charges
	Preliminary Hearing
	Grand Juries
	Exclusionary Rules
	Pretrial Motions
	Case Attrition
	The Criminal Justice Wedding Cake
	Ch 8: Conclusion
	Ch 8: Critical Thinking Questions
	Ch 8: References
	Ch 8: For Further Reading
Ch 9: Trial Courts: How Criminal Cases End: Bargaining and Sentencing
	Ch 9: Introduction
	The Courtroom Work Group
	The Many Faces of Plea Bargaining
	Plea Bargaining and Courtroom Work Groups
	Forms of Punishment
	Normal Penalties and Sentencing Decisions
	The Fairness of Sentencing
	The Severity of the Penalty
	Sentencing Guidelines
	The Death Penalty
	Ch 9: Conclusion
	Ch 9: Critical Thinking Questions
	Ch 9: References
	Ch 9: For Further Reading
Ch 10: Trial Courts: How Civil Cases Begin
	Ch 10: Introduction
	Deciding to Sue
	Resolution Without Filing a Lawsuit
	Too Many Lawsuits?
	Tort Reform
	The Complex World of Torts
	Alternative Dispute Resolution
	Ch 10: Conclusion
	Ch 10: Critical Thinking Questions
	Ch 10: References
	Ch 10: For Further Reading
Ch 11: Trial Courts: How Civil Cases End
	Ch 11: Introduction
	Civil Procedure
	Steps in a Civil Lawsuit
	Negotiations, Settlements, and Dispositions
	Dynamics of Trial Court Dispositions: Three Case Studies
	Settling Tort Cases
	Negotiating Small Claims
	Bargaining Divorce Cases
	Winners and Losers
	Ch 11: Conclusion
	Ch 11: Critical Thinking Questions
	Ch 11: References
	Ch 11: For Further Reading
Ch 12: Trials and Juries
	Ch 12: Introduction
	History and Function
	Jury Selection
	The Moving Party Presents Its Case
	Expert Witnesses
	The Defense Presents Its Case
	Rebuttal
	Closing Arguments
	Jury Instructions
	The Jury Decides
	Prejudicial Pretrial Publicity
	Trials as Balancing Wheels
	Ch 12: Conclusion
	Ch 12: Critical Thinking Questions
	Ch 12: References
	Ch 12: For Further Reading
Ch 13: The Appellate Process
	Ch 13: Introduction
	The Nature of the Appellate Process
	Appellate Court Procedures
	The Business of the Appellate Courts
	Caseloads and Expedited Processing Techniques
	Postconviction Remedies
	Decision Making in Appellate Courts
	Explaining Decision Making in Appellate Courts Today
	State Supreme Courts
	U.S. Courts of Appeals
	Ch 13: Conclusion
	Ch 13: Critical Thinking Questions
	Ch 13: References
	Ch 13: For Further Reading
Ch 14: The Supreme Court: Deciding What To Decide
	Ch 14: Introduction
	Jurisdiction of the Supreme Court
	Doctrines of Access
	Mobilizing the Law to Reach the Supreme Court
	Case Selection
	The Court’s Docket
	Ch 14: Conclusion
	Ch 14: Critical Thinking Questions
	Ch 14: References
	Ch 14: For Further Reading
Ch 15: The Supreme Court: The Justices and Their Decisions
	Ch 15: Introduction
	Selecting the Justices
	Senate Confirmation
	The Decision-Making Process
	The Justices’ Policy Preferences
	From Warren to Roberts
	Impact and Implementation
	Ch 15: Conclusion
	Ch 15: Critical Thinking Questions
	Ch 15: References
	Ch 15: For Further Reading
Glossary
Case Index
Subject Index