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

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

• ISBN13: 9780495009948
• ISBN10: 0495009946
• Edition: 4th
• Format: Paperback
• Copyright: 2006-04-28
• Publisher: Wadsworth Publishing

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.

Table of Contents

Preface	xii
Law, Courts, and Politics	1	(23)
Courts and Government	3	(5)
Law and Popular Culture: Overview	8	(1)
Courts as Legal Institutions	9	(4)
Case Close--Up: Overview	13	(1)
Courts as Political Institutions	13	(3)
Courts in Comparative Perspective: Overview	16	(1)
Courts and Controversy	17	(1)
Debating Law, Courts, and Politics: Overview	18	(1)
Conclusion	19	(5)
Part I Institutions of Law
Law and Legal Systems	24	(31)
What Is Law?	25	(2)
Legal Systems	27	(1)
Civil Law	28	(1)
Socialist Law	29	(1)
Courts in Comparative Perspective: The French Republic and the Code Napoleon	30	(1)
Islamic Law	31	(1)
Common Law	32	(2)
Key Characteristics of the Common Law	34	(2)
The Adversary System	36	(2)
Law and Popular Culture: Brokedown Palace (1999)	38	(1)
The Major Components of U.S. Law	38	(8)
Case Close--Up: McCreary v. ACLU (2005)	46
Interpreting the Law	45	(3)
Debating Law, Courts, and Politics: Can the Law Keep Up with Rapid Changes in Computer Technology?	48	(1)
Conclusion	49	(6)
Federal Courts	55	(38)
Principles of Court Organization	56	(4)
The History of the Federal Courts	60	(4)
Case Close--Up: Marbury v. Madison (1803)	64	(1)
United States District Courts	65	(6)
United States Courts of Appeals	71	(2)
Debating Law, Courts, and Politics: Should the Ninth Circuit Be Split?	73
The United States Supreme Court	72	(3)
Courts in Comparative Perspective: The Federal Republic of Germany	75
Specialized Courts	74	(5)
Law and Popular Culture: A Few Good Men (1992)	79
Federal Judicial Administration	78	(5)
Debating Law, Courts, and Politics: Are the Federal Courts Obstructing the War on Terrorism, or Are They Protecting Civil Liberties?	83	(1)
The Ongoing Federal Courts Caseload Controversy	84	(2)
Attacks on the Federal Judiciary	86	(1)
Conclusion	87	(6)
State Courts	93	(37)
The History of State Courts	94	(2)
Trial Courts of Limited Jurisdiction: Lower Courts	96	(2)
Trial Courts of General Jurisdiction: Major Trial Courts	98	(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