Judicial Process Law, Courts, and Politics in the United States (with InfoTrac)

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

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ISBN: 9780155058392 | 0155058398
Cover: Paperback
Copyright: 8/15/2003

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1. Law, Courts, and Politics. Part I: INSTITUTIONS OF LAW. 2. Law and Legal Systems. 3. Federal Courts. 4. State Courts. Part II: INTERPRETERS OF LAW. 5. Lawyers and Legal Representation. 6. Judges. Part III: CONSUMERS OF LAW. 7. Mobilizing the Law: Litigants, Interest Groups, Court Cases, and the Media. Part IV: TRIAL COURTS. 8. Trial Courts: The Preliminary Stages of Criminal Cases. 9. Trial Courts: Bargaining and Sentencing in Criminal Courts. 10. Trial Courts: The Preliminary Stages of Civil Cases. 11. Trial Courts: Dispositions of Civil Cases. 12. Trial. Part V: APPELLATE REVIEW. 13. The Appellate Process. 14. The Supreme Court: Deciding What to Decide. 15. The Supreme Court: The Justices and Their Decisions.

Preface

xiii

Law, Courts, and Politics

(27)

Courts and Government

(5)

Courts as Legal Institutions

(1)

Law and Popular Culture: Overview

(2)

Case Close-Up: Overview

(3)

Courts as Political Institutions

(2)

Courts and Controversy

(1)

Courts in Comparative Perspective: Overview

(1)

Controversy: Overview

(2)

Conclusion

(7)

Part 1 INSTITUTIONS OF LAW

Law and Legal Systems

(32)

What Is Law?

(2)

Legal Systems

(2)

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

(2)

Common Law

(6)

Law and Popular Culture: Brokedown Palace

(1)

The Eight Layers of U.S. Law

(7)

Interpreting the Law

(3)

Case Close-Up: Abington School District v. Schempp

(1)

Controversy: Computers and the Law

(1)

Conclusion

(7)

Federal Courts

(39)

Principles of Court Organization

(3)

History of the Federal Courts

(4)

Case Close-Up: Marbury v. Madison

(2)

United States District Courts

(7)

United States Courts of Appeals

(1)

Controversy: Should the Ninth Circuit Be Split?

(1)

The United States Supreme Court

(1)

Courts in Comparative Perspective: Federal Republic of Germany

(1)

Specialized Courts

(3)

Federal Judicial Administration

(1)

Law and Popular Culture: A Few Good Men

(4)

The Ongoing Federal Courts Caseload Controversy

(4)

Controversy: Are 1,000 Federal Judges Too Many or Not Enough?

(1)

Conclusion

(7)

State Courts

(39)

The History of State Courts

100

(1)

Trial Courts of Limited Jurisdiction: Lower Courts

101

(2)

Trial Courts of General Jurisdiction: Major Trial Courts

103

(3)

Intermediate Courts of Appeals

106

(1)

Courts of Last Resort: State Supreme Courts

107

(1)

The Lower Courts: A Closer Look

108

(1)

Justice of the Peace Courts

109

(1)

Controversy: Should Nonlawyer Judges Be Abolished?

110

(1)

Municipal Courts

111

(2)

Juvenile Courts

113

(2)

Court Unification

115

(3)

Case Close-Up: Wachtler v. Cuomo

118

(1)

The Politics of Court Reorganization

119

(2)

Court Reform: The Emerging Agenda

121

(1)

Drug Courts

122

(1)

Law and Popular Culture: Traffic

122

(4)

Controversy: Should We End the War on Drugs?

126

(1)

Consequences of Court Organization

127

(1)

Conclusion

128

(1)

Courts in Comparative Perspective: The Federal Republic of Mexico

129

(9)

PART 2 INTERPRETERS OF THE LAW

Lawyers and Legal Representation

138

(41)

Legal Education

139

(1)

Law Schools Today

140

(2)

Controversy: Thinking About Law School?

142

(6)

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

148

(2)

Bar Associations

150

(3)

The Work of Lawyers

153

(1)

Courts in Comparative Perspective: Australia

154

(2)

Where Lawyers Work

156

(2)

Diversity and Stratification of the Legal Profession

158

(4)

Access to Legal Services

162

(2)

Controversy: Does the United States Have Too Many Lawyers?

164

(1)

Case Close-Up: Gideon v. Wainwright

165

(3)

Law and Popular Culture: A Civil Action

168

(3)

Conclusion

171

(8)

Judges

179

(42)

Judicial Selection

179

(2)

Law and Popular Culture: Judge Judy

181

(2)

Appointment of Federal Judges

183

(3)

Controversy: Two Down, Fifty to Go

186

(5)

Judicial Elections

191

(2)

Controversy: Do You Know Who Your Judges Are? Maybe You Should Find Out

193

(3)

Case Close-Up: Republican Party v. White

196

(1)

Merit Selection

197

(2)

Courts in Comparative Perspective: Judges in the United Kingdom

199

(1)

Which System Is Best?

200

(3)

Case Close-Up: Chisom v. Roemer

203

(1)

Judges at Work

204

(2)

Judging the Judges

206

(3)

Conclusion

209

(12)

PART 3 CONSUMERS OF LAW

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

221

(28)

Legal Mobilization

222

(1)

Court Caseloads

223

(1)

Party Capability

224

(2)

Courts in Comparative Perspective: Federal Republic of Nigeria

226

(1)

The Adjudicatory Process

227

(2)

Traditional versus Policy Lawsuits

229

(2)

Law and Popular Culture: Erin Brockovich

231

(1)

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

232

(1)

Controversy: Can Courts Bring About Social Change?

233

(1)

Interest Groups in Court

234

(5)

Controversy: Should Gun Manufacturers Be Sued?

239

(1)

The Media and the Legal System

240

(2)

Conclusion

242

(7)

PART 4 TRIAL COURTS

Trial Courts: The Preliminary Stages of Criminal Cases

249

(33)

Crime

250

(2)

Courts in Comparative Perspective: The Kingdom of Saudi Arabia

252

(1)

Policing

253

(1)

Arrests

254

(1)

The Defendant

255

(1)

Initial Appearance

256

(1)

Bail

257

(2)

Prosecution

259

(1)

Filing Charges

260

(1)

Law and Popular Culture: The Accused

261

(1)

Preliminary Hearing

262

(1)

Grand Juries

263

(2)

Exclusionary Rules

265

(2)

Case Close-Up: Miranda v. Arizona

267

(1)

Controversy: Should the Exclusionary Rule Be Abolished?

268

(2)

Case Attrition

270

(2)

The Criminal Justice Wedding Cake

272

(3)

Conclusions

275

(7)

Trial Courts: Bargaining and Sentencing in Criminal Courts

282

(40)

The Courtroom Work Group

283

(1)

The Many Faces of Plea Bargaining

284

(4)

Plea Bargaining and Courtroom Work Groups

288

(2)

Abolishing or Reforming Plea Bargaining

290

(2)

Sentencing Structures

292

(2)

Law and Popular Culture: The Shawshank Redemption

294

(1)

Forms of Punishment

295

(2)

The Death Penalty

297

(1)

Case Close-Up: Furman v. Georgia

298

(3)

Controversy: Should the Death Penalty Be Abolished?

301

(1)

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

302

(1)

Courtroom Work Groups and the Sentencing Process

303

(2)

The Fairness of Sentencing

305

(2)

Increasing Consistency in Sentencing

307

(3)

Increasing the Severity of the Penalty

310

(2)

Conclusion

312

(10)

Trial Courts: The Preliminary Stages of Civil Cases

322

(38)

The Disputing Pyramid

323

(5)

Law and Popular Culture: The Insider

328

(1)

Resolution Without Filing a Lawsuit

329

(1)

The Litigation Explosion Argument

329

(1)

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

330

(3)

Public Perceptions of the Litigation Explosion

333

(2)

Courts in Comparative Perspective: The Republic of India

335

(1)

The Complex World of Torts

336

(3)

Tort Reform

339

(1)

Controversy: Who Should Be Held Responsible for Tobacco-Related Deaths?

340

(4)

Alternative Dispute Resolution

344

(1)

Controversy: Should Limits Be Placed on Punitive Damages?

345

(4)

Conclusion

349

(11)

Trial Courts: Dispositions of Civil Cases

360

(34)

Civil Procedure

361

(1)

Steps in a Civil Lawsuit

362

(6)

Negotiations, Settlements, and Dispositions

368

(3)

Dynamics of Trial Court Dispositions: Three Case Studies

371

(1)

Settling Tort Cases

371

(5)

Negotiating Small Claims

376

(3)

Bargaining Divorce Cases

379

Case Close-Up: Rodriguez v. Firestone

372

(2)

Courts in Comparative Perspective: State of Israel

374

(4)

Law and Popular Culture: Kramer v. Kramer

378

(4)

Controversy: Did Divorce Reform Result in Gender Bias?

382

(1)

Winners and Losers

383

(2)

Conclusion

385

(9)

Trial

394

(30)

History and Function

394

(2)

Courts in Comparative Perspective: Russia

396

(2)

Jury Selection

398

(1)

Law and Popular Culture: 12 Angry Men

399

(4)

The Moving Party Presents Its Case

403

(4)

The Defense Presents Its Case

407

(1)

Rebuttal

408

(1)

The End of the Trial

408

(2)

The Jury Decides

410

(1)

Controversy: Should Cameras Be Allowed in the Courtroom?

411

(1)

Prejudicial Pretrial Publicity

412

(1)

Case Close-Up: Sheppard v. Maxwell

413

(2)

Trials as Balancing Wheels

415

(2)

Controversy: Should Jurors Engage in Jury Nullification?

417

(1)

Conclusion

417

(7)

PART 5 APPELLATE REVIEW

The Appellate Process

424

(42)

The Nature of the Appellate Process

424

(2)

Law and Popular Culture: The Hurricane

426

(4)

The Business of the Appellate Courts

430

(3)

Caseloads and Expedited Processing Techniques

433

(4)

Post-Conviction Remedies

437

(2)

State Supreme Courts

439

(1)

Controversy: Innocents on Death Row?

440

(2)

Case Close-Up: Baker v. Vermont

442

(3)

Decision Making in Appellate Courts

445

(1)

Courts in Comparative Perspective: Canada

446

(7)

Conclusion

453

(13)

The Supreme Court: Deciding What to Decide

466

(34)

Jurisdiction of the Supreme Court

467

(1)

Courts in Comparative Perspective: International Court of Justice

468

(1)

Doctrines of Access

469

(5)

Case Close-Up: Roe v. Wade

474

(3)

Mobilizing the Law to Reach the Supreme Court

477

(3)

Law and Popular Culture: The Cider House Rules

480

(1)

Case Selection

481

(5)

The Court's Docket

486

(5)

Controversy: Should Congress or the Court Decide Who Decides?

491

(1)

Conclusion

492

(8)

The Supreme Court: The Justices and Their Decisions

500

(43)

Selecting the Justices

501

(7)

Controversy: The Rejection of Robert Bork

508

(1)

The Decision-Making Process

509

(6)

The Justice's Policy Preferences

515

(3)

Law and Popular Culture: The People v. Larry Flynt

518

(2)

From Warren to Burger to Rehnquist

520

(2)

Impact and Implementation

522

(2)

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

524

(5)

Courts in Comparative Perspective: Japan

529

(1)

Conclusion

530

(13)

Glossary

543

(22)

Case Index

565

(2)

Subject Index

567

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Judicial Process Law, Courts, and Politics in the United States (with InfoTrac)

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Table of Contents

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