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

by: Neubauer, David W.; Meinhold, Stephen S.

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

by: Neubauer, David W.; Meinhold, Stephen S.

ISBN 13:
9780495009948
ISBN 10:
0495009946
Edition: 4th
Format: Paperback
Copyright: 04/28/2006
Publisher: Wadsworth Publishing
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Summary

We live in a country that is undeniably influenced by courtroom decisions. Get a behind-the-scenes look at legal power with JUDICIAL PROCESS: LAW, COURTS, AND POLITICS IN THE UNITED STATES. Inside, you'll see how the law works, how judges interpret it, and how it's applied. Plus, you'll read the controversial cases that have shocked the nation. And you'll get to decide for yourself when you read how other nations' court systems rule on similar issues. Read over the shoulders of today's top judges with JUDICIAL PROCESS: LAW, COURTS, AND POLITICS IN THE UNITED STATES.

Preface

xii

Law, Courts, and Politics

(23)

Courts and Government

(5)

Law and Popular Culture: Overview

(1)

Courts as Legal Institutions

(4)

Case Close--Up: Overview

(1)

Courts as Political Institutions

(3)

Courts in Comparative Perspective: Overview

(1)

Courts and Controversy

(1)

Debating Law, Courts, and Politics: Overview

(1)

Conclusion

(5)

Part I Institutions of Law

Law and Legal Systems

(31)

What Is Law?

(2)

Legal Systems

(1)

Civil Law

(1)

Socialist Law

(1)

Courts in Comparative Perspective: The French Republic and the Code Napoleon

(1)

Islamic Law

(1)

Common Law

(2)

Key Characteristics of the Common Law

(2)

The Adversary System

(2)

Law and Popular Culture: Brokedown Palace (1999)

(1)

The Major Components of U.S. Law

(8)

Case Close--Up: McCreary v. ACLU (2005)

Interpreting the Law

(3)

Debating Law, Courts, and Politics: Can the Law Keep Up with Rapid Changes in Computer Technology?

(1)

Conclusion

(6)

Federal Courts

(38)

Principles of Court Organization

(4)

The History of the Federal Courts

(4)

Case Close--Up: Marbury v. Madison (1803)

(1)

United States District Courts

(6)

United States Courts of Appeals

(2)

Debating Law, Courts, and Politics: Should the Ninth Circuit Be Split?

The United States Supreme Court

(3)

Courts in Comparative Perspective: The Federal Republic of Germany

Specialized Courts

(5)

Law and Popular Culture: A Few Good Men (1992)

Federal Judicial Administration

(5)

Debating Law, Courts, and Politics: Are the Federal Courts Obstructing the War on Terrorism, or Are They Protecting Civil Liberties?

(1)

The Ongoing Federal Courts Caseload Controversy

(2)

Attacks on the Federal Judiciary

(1)

Conclusion

(6)

State Courts

(37)

The History of State Courts

(2)

Trial Courts of Limited Jurisdiction: Lower Courts

(2)

Trial Courts of General Jurisdiction: Major Trial Courts

(2)

Intermediate Courts of Appeals

100

(2)

Courts of Last Resort: State Supreme Courts

102

(1)

The Lower Courts: A Closer Look

103

(1)

Justice of the Peace Courts

104

(1)

Municipal Courts

105

(2)

Juvenile Courts

107

(2)

Court Unification

109

(3)

Case Close--Up: Wachtler v. Cuomo (1991)

112

(1)

The Politics of Court Reorganization

113

(1)

Court Reform: The Next Steps

114

(1)

Law and Popular Culture: Traffic (2000)

115

(1)

Drug Courts

116

(3)

Debating Law, Courts, and Politics: Should We End the War on Drugs?

119

(1)

Consequences of Court Organization

120

(2)

Courts in Comparative Perspective: The Federal Republic of Mexico

122

Conclusion

121

(9)

Part II Interpreters of The Law

Lawyers and Legal Representation

130

(42)

Legal Education

132

(1)

Law Schools Today

133

(2)

Debating Law, Courts, and Politics: Thinking About Law School?

135

(4)

Licensing Requirements

139

(2)

Legal Ethics and Discipline

141

(2)

Law and Popular Culture: Have You Heard the Latest Lawyer Joke?

143

(1)

Bar Associations

143

(3)

The Work of Lawyers

146

(1)

Courts in Comparative Perspective: Australia

147

(3)

Where Lawyers Work

150

(2)

Diversity and Stratification of the Legal Profession

152

(4)

Debating Law, Courts, and Politics: Does the United States Have Too Many Lawyers?

156

(1)

Access to Legal Services

157

(2)

Case Close--Up: Gideon v. Wainwright (1963)

159

(4)

Law and Popular Culture: A Civil Action (1998)

163

(1)

Conclusion

164

(8)

Judges

172

(40)

Judicial Selection

173

(2)

Appointment of Federal Judges

175

(1)

Law and Popular Culture: Judge Judy: Justice with an Attitude or Just Plain Nonsense?

176

(4)

Debating Law, Courts, and Politics: Filibuster This?

180

(4)

Judicial Elections

184

(4)

Merit Selection

188

(1)

Case Close--Up: Republican Party v. White (2002)

189

(2)

Courts in Comparative Perspective: Judges in the United Kingdom

191

(1)

Which System Is Best?

192

(3)

Case Close--Up: Chisom v. Roemer (1991)

195

(1)

Judges at Work

196

(2)

Judging the Judges

198

(4)

Conclusion

202

(10)

Part III Consumers of Law

Mobilizing the Law: Litigants, Interest Groups, Court Cases, and the Media

212

(30)

Legal Mobilization

214

(2)

Court Caseloads

216

(1)

Party Capability

217

(1)

The Adjudicatory Process

218

(1)

Courts in Comparative Perspective: The Federal Republic of Nigeria

219

(2)

Traditional Versus Policy Lawsuits

221

(1)

Case Close--Up: Brown v. Board of Education of Topeka, Kansas (1954)

222

(2)

Debating Law, Courts, and Politics: Can Courts Bring About Social Change?

224

(1)

Interest Groups in Court

225

(6)

Debating Law, Courts, and Politics: Should Gun Manufacturers Be Sued?

231

(1)

The Media and the Legal System

232

(2)

Law and Popular Culture: Chicago (2002)

234

(1)

Conclusion

235

(7)

Part IV Trial Courts

Trial Courts: The Preliminary Stages of Criminal Cases

242

(32)

Crime

243

(3)

Courts in Comparative Perspective: The Kingdom of Saudi Arabia: Pure Islamic Law

246

(1)

Policing

247

(1)

Arrests

248

(1)

The Defendant

249

(3)

Prosecution

252

(2)

Law and Popular Culture: Law & Order

254

(2)

Grand Juries

256

(2)

Exclusionary Rules

258

(2)

Case Close--Up: Miranda v. Arizona (1966)

260

(2)

Case Attrition

262

(1)

Debating Law, Courts, and Politics: Should the Exclusionary Rule Be Abolished?

263

(3)

The Criminal Justice Wedding Cake

266

(2)

Conclusion

268

(6)

Trial Courts: How Criminal Cases End: Bargaining and Sentencing

274

(36)

The Courtroom Work Group

275

(2)

The Many Faces of Plea Bargaining

277

(3)

Plea Bargaining and Courtroom Work Groups

280

(4)

Forms of Punishment

284

(2)

Law and Popular Culture: The Shawshank Redemption (1994)

286

(1)

Normal Penalties and Sentencing Decisions

287

(2)

The Fairness of Sentencing

289

(2)

Courts in Comparative Perspective: The People's Republic of China

291

(1)

The Severity of the Penalty

292

(1)

Sentencing Guidelines

293

(4)

Case Close--Up: Roper v. Simmons (2005)

297

(1)

The Death Penalty

298

(3)

Debating Law, Courts, and Politics: Should the Death Penalty Be Abolished?

301

(1)

Conclusion

302

(8)

Trial Courts: How Civil Cases Begin

310

(34)

The Disputing Pyramid

311

(5)

Resolution Without Filing a Lawsuit

316

(1)

Law and Popular Culture: The Insider (1999)

317

(1)

The Litigation Explosion Argument

318

(4)

Courts in Comparative Perspective: The Republic of India: The World's Largest Democracy

322

(1)

Tort Reform

323

(3)

Case Close--Up: Liebeck v. McDonald's Corporation (1995)

326

(2)

Debating Law, Courts, and Politics: Should Limits Be Placed on Punitive Damages?

328

(1)

The Complex World of Torts

329

(3)

Alternative Dispute Resolution

332

(3)

Conclusion

335

(9)

Trial Courts: How Civil Cases End

344

(32)

Civil Procedure

346

(2)

Steps in a Civil Lawsuit

348

(5)

Courts in Comparative Perspective: The State of Israel

353

(1)

Negotiations, Settlements, and Dispositions

354

(2)

Debating Law, Courts, and Politics: Who Should Be Held Responsible for Tobacco-Related Deaths?

356

(2)

Dynamics of Trial Court Dispositions: Three Case Studies

358

(1)

Settling Tort Cases

358

(3)

Case Close--Up: Rodriguez v. Firestone (2001)

361

Negotiating Small Claims

360

(3)

Bargaining Divorce Cases

363

(3)

Law and Popular Culture: Kramer vs. Kramer (1979)

366

Winners and Losers

365

(3)

Conclusion

368

(8)

Trials and Juries

376

(32)

History and Function

377

(3)

Courts in Comparative Perspective: Russia

380

(2)

Jury Selection

382

(3)

Law and Popular Culture: Runaway Jury (2003)

385

(1)

The Moving Party Presents Its Case

386

(3)

The Defense Presents Its Case

389

(3)

Rebuttal

392

(1)

The End of the Trial

393

(1)

The Jury Decides

394

(1)

Debating Law, Courts, and Politics: Should Cameras Be Allowed in the Courtroom?

395

(1)

Prejudicial Pretrial Publicity

396

(2)

Case Close--Up: Sheppard v. Maxwell (1966)

398

(1)

Trials as Balancing Wheels

399

(2)

Debating Law, Courts, and Politics: Should Jurors Engage in Jury Nullification?

401

(1)

Conclusion

401

(7)

Part V Appellate Review

The Appellate Process

408

(36)

The Nature of the Appellate Process

409

(2)

Law and Popular Culture: The Hurricane (1999)

411

(4)

The Business of the Appellate Courts

415

(3)

Caseloads and Expedited Processing Techniques

418

(1)

Post-Conviction Remedies

419

(2)

Explaining Decision Making on Appellate Courts

421

(1)

Debating Law, Courts, and Politics: Innocents on Death Row?

422

(2)

Courts in Comparative Perspective: Canada

424

(1)

Explaining Decision Making on Appellate Courts Today

425

(1)

State Supreme Courts

426

(4)

Case Close--Up: Goodridge v. Department of Public Health (2003)

430

U.S. Courts of Appeals

429

(5)

Conclusion

434

(10)

The Supreme Court: Deciding What to Decide

444

(33)

Jurisdiction of the Supreme Court

445

(2)

Courts in Comparative Perspective: The International Court of Justice

447

(1)

Doctrines of Access

448

(4)

Case Close--Up: Roe v. Wade (1973)

452

(3)

Mobilizing the Law to Reach the Supreme Court

455

(3)

Law and Popular Culture: The Cider House Rules (1999)

458

(2)

Case Selection

460

(4)

The Court's Docket

464

(4)

Debating Law, Courts, and Politics: Should Congress or the Court Decide Who Decides?

468

(1)

Conclusion

469

(8)

The Supreme Court: The Justices and their Decisions

477

(43)

Selecting the Justices

478

(7)

Senate Confirmation

485

(2)

Debating Law, Courts, and Politics: The Rejection of Robert Bork

487

(1)

The Decision-Making Process

488

(6)

The Justices Policy Preferences

494

(2)

Law and Popular Culture: The People vs. Larry Flynt (1996)

496

(3)

From Warren to Roberts

499

(4)

Impact and Implementation

503

Case Close--Up: Reno v. American Civil Liberties Union (1997)

502

(5)

Courts in Comparative Perspective: Japan

507

(1)

Conclusion

508

(12)

Glossary

520

(15)

Case Index

535

(2)

Name Index

537

(10)

Subject Index

547

Amazon no longer offers textbook rentals. We do!

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

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

9780495009948

0495009946

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

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

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

9780495009948

0495009946

Summary

Table of Contents

Supplemental Materials

Write a Review

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