Judicial Process in America

by Carp, Robert

• ISBN13: 9781604266085
• ISBN10: 1604266082
• Edition: 8th
• Format: Paperback
• Copyright: 2010-02-01
• Publisher: Cq Pr

Summary

The eighth edition of Judicial Process in America gives a thorough overview of the American judiciary at every level, paying particular attention to the link between the courts, public policy, and the political environment. In addition to comprehensive updates on such topics as the role of the courts in the war on terror, affirmative action, and business regulation, notable additions to this eighth edition include discussion of: the probable impact that President Obama will have on the composition of the federal judiciary and on subsequent judicial "output" the highly conservative impact that former President Bush had on the federal judiciary; Justice Sonia Sotomayor's appointment, as well as Chief Justice John Roberts's leadership on the Supreme Court; the role the courts are playing in the policy realm of same-gender marriages and discrimination based on sexual orientation; more comparative references and examples throughout the book. Adopters and students alike will also appreciate the new websites that the authors added to the end-of-chapter suggested resources, as well as the unique annotated U.S. Constitution found in the appendix. This extensive revision of a classic text brings new life to a standard-bearer for judicial process classes.

Author Biography

Robert A. Carp is professor of political science at the University of Houston. He is coauthor of Policymaking and Politics in the Federal Courts; Politics and Judgment in Federal District Courts; and The Federal Courts, Fourth Edition, with Ronald Stidham, as well as the author of forty-five peer-reviewed articles. Ronald Stidham is professor emeritus of government and justice studies, at Appalachian State University. He is coauthor with Robert A. Carp of The Federal Courts, Fourth Edition, and has written numerous articles on the federal courts. Kenneth L. Manning is associate professor of political science at the University of Massachusetts Dartmouth. He is coeditor of Political Perspectives: Essays on Government and Politics, and his works on the politics of judicial decision-making and federal judicial selection have been published in a variety of journals.

Table of Contents

Tables and Figures	p. ix
Preface	p. xi
Foundations of Law in the United States	p. 1
Definition of Law	p. 4
Sources of Law in the United States	p. 4
Types of Law	p. 7
Functions of Law	p. 10
The United States and the Rule of Law	p. 13
A Litigious Society	p. 17
Summary	p. 21
Further Thought and Discussion Questions	p. 21
Notes	p. 22
Suggested Resources	p. 23
The Federal Judicial System	p. 25
The Historical Context	p. 26
The U.S. Supreme Court	p. 27
The U.S. Courts of Appeals	p. 34
U.S. District Courts	p. 39
Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdiction	p. 42
Administrative and Staff Support in the Federal Judiciary	p. 43
Federal Court Workload	p. 47
Summary	p. 49
Further Thought and Discussion Questions	p. 49
Notes	p. 50
Suggested Resources	p. 51
State Judicial Systems	p. 53
Historical Development of State Courts	p. 53
State Court Organization	p. 57
Norm Enforcement in the State Courts	p. 63
The Courtroom Work Group	p. 64
Administrative Hearings in the States	p. 65
Policymaking in the State Courts	p. 66
Innovation in State Courts	p. 67
Administrative and Staff Support in the State Judiciary	p. 68
State Court Workload	p. 70
Summary	p. 70
Further Thought and Discussion Questions	p. 72
Notes	p. 73
Suggested Resources	p. 74
Jurisdiction and Policymaking Bondaries	p. 75
Federal Courts	p. 75
Jurisdiction of State Courts	p. 80
Jurisdiction and Legislative Politics	p. 81
Judicial Self-Restraint	p. 82
Summary	p. 96
Further Thought and Discussion Questions	p. 97
Notes	p. 98
Suggested Resources	p. 99
State Judges	p. 100
Qualifications and Backgrounds of State Judges	p. 101
The Selection Process for State Judges	p. 103
The Retirement and Removal of State Judges	p. 110
Summary	p. 111
Further Thought and Discussion Questions	p. 112
Notes	p. 112
Suggested Resources	p. 114
Federal Judges	p. 115
Background Characteristics of Federal Judges	p. 115
Formal and Informal Qualifications of Federal Judges	p. 125
The Federal Selection Process and Its Participants	p. 129
The Judicial Socialization Process	p. 140
The Retirement and Removal of Judges	p. 144
Summary	p. 149
Further Thought and Discussion Questions	p. 150
Notes	p. 151
Suggested Resources	p. 154
Policy Links between the Citizenry, the President, and the Federal Judiciary	p. 156
The President and the Composition of the Judiciary	p. 157
Presidents' Values and Their Appointees' Decisions	p. 163
President George W. Bush and the Federal Judiciary	p. 167
President Barack Obama and the Federal Judiciary	p. 174
Summary	p. 178
Further Thought and Discussion Questions	p. 178
Notes	p. 178
Suggested Resources	p. 180
Lawyers, Litigants, and Interest Groups in the Judicial Process	p. 181
Lawyers and the Legal Profession	p. 182
Litigants	p. 195
Interest Groups in the Judicial Process	p. 197
Summary	p. 202
Further Thought and Discussion Questions	p. 202
Notes	p. 203
Suggested Resources	p. 204
Crime and Procedures prior to a Criminal Trial	p. 206
The Nature and Substance of Crime	p. 207
Categories of Crime	p. 208
Elements of a Crime	p. 213
Procedures prior to a Criminal Trial	p. 217
Summary	p. 235
Further Thought and Discussion Questions	p. 235
Notes	p. 236
Suggested Resources	p. 237
The Criminal Trial and Its Aftermath	p. 239
Procedures during a Criminal Trial	p. 239
Procedures after a Criminal Trial	p. 254
Summary	p. 264
Further Thought and Discussion Questions	p. 264
Notes	p. 265
Suggested Resources	p. 268
The Civil Court Process	p. 269
The Nature and Substance of Civil Law	p. 269
The Main Categories of Civil Law	p. 270
The Courts and Other Institutions Concerned with Civil Law	p. 274
The Civil Trial Process	p. 279
Summary	p. 287
Further Thought and Discussion Questions	p. 288
Notes	p. 288
Suggested Resources	p. 289
Decision Making by Trial Court Judges	p. 290
The Legal Subculture	p. 292
The Democratic Subculture	p. 298
The Subcultures as Predictors	p. 321
Summary	p. 328
Further Thought and Discussion Questions	p. 328
Notes	p. 329
Suggested Resources	p. 334
Decision Making in Collegial Courts	p. 336
Cue Theory	p. 337
Small-Group Analysis	p. 340
Attitude Theory	p. 357
Rational Choice Theory	p. 360
Practical Applications of These Four Approaches	p. 361
Summary	p. 366
Further Thought and Discussion Questions	p. 367
Notes	p. 367
Suggested Resources	p. 372
Implementation and Impact of Judicial Policies	p. 374
The Impact of Higher Court Decisions on Lower Courts	p. 375
Congressional Influences on the Implementation Process	p. 382
Executive Branch Influences on the Implementation Process	p. 384
Other Implementers	p. 386
The Impact of Judicial Policies	p. 387
Summary	p. 394
Further Thought and Discussion Questions	p. 394
Notes	p. 395
Suggested Resources	p. 398
Policymaking by American Judges: A Synthesis	p. 399
The Nature of the Case or Issue	p. 400
The Values and Orientations of the Judges	p. 403
The Nature of the Judicial Decision-Making Process	p. 406
The Impact of Extraneous Influences	p. 408
Note	p. 410
Glossary	p. 411
Annotated Constitution	p. 419
Subject Index	p. 457
Case Index	p. 477
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