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Purchase Benefits
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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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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.