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

ISBN-10: 0495009946
ISBN-13: 9780495009948
Edition: 4th 2007 (Revised)
List price: $161.95
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Description: Working within the framework of law and politics, JUDICIAL PROCESS focuses on the dynamics of the courthouse as it provides readers with a working knowledge of the major structures and process that underlie the American judiciary. The structure of  More...

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Book details

List price: $161.95
Edition: 4th
Copyright year: 2007
Publisher: Wadsworth
Publication date: 4/28/2006
Binding: Paperback
Pages: 576
Size: 7.50" wide x 9.00" long x 1.00" tall
Weight: 1.848
Language: English

Working within the framework of law and politics, JUDICIAL PROCESS focuses on the dynamics of the courthouse as it provides readers with a working knowledge of the major structures and process that underlie the American judiciary. The structure of the courts, the nature of how the laws apply, and the procedures followed all have important consequences for the way the courts deliver justice. This book attempts to help the reader understand not only the legal rules, but also the assumptions underlying these rules, the history of how they evolved, and the goals they seek to achieve.

David William Neubauer received his B.A. in political science in 1966 from Augustana College in Rock Island, and he undertook graduate work at the University of Illinois, receiving his Ph.D. in 1971. He has taught at the University of Florida, Washington University in St. Louis, and most recently at the University of New Orleans. Dr. Neubauer regularly teaches Judicial Process, General American Politics, and Criminal Justice. In addition to this best-selling text, AMERICA'S COURTS AND THE CRIMINAL JUSTICE SYSTEM, he is the author of DEBATING CRIME: RHETORIC AND REALITY, and BATTLE SUPREME: THE CONFIRMATION OF CHIEF JUSTICE JOHN ROBERTS AND THE FUTURE OF THE SUPREME COURT, all from Wadsworth. His articles have appeared in "Law and Society Review," "Judicature," "Policy Studies Journal," "Law and Policy Quarterly," "Justice Systems Journal," "Justice Quarterly," and other journals. Dr. Neubauer's current research interests include nominations to the Supreme Court and religion in public life.

Stephen S. Meinhold is Associate Professor of Political Science at the University of North Carolina at Wilmington where he teaches classes on Judicial Politics, Constitutional Law, the Presidency, and Research Methods. Dr. Meinhold recently published the new Wadsworth title BATTLE SUPREME: THE CONFIRMATION OF CHIEF JUSTICE JOHN ROBERTS AND THE FUTURE OF THE SUPREME COURT. Professor Meinhold's current research focuses on college students' use of attorneys, their plans to attend law school, and their attitudes about the legal system. He has published articles in POLITICAL RESEARCH QUARTERLY, SOCIAL SCIENCE QUARTERLY, JUSTICE SYSTEM JOURNAL, and PS: POLITICAL SCIENCE AND POLITICS.

Preface
Law, Courts, and Politics
Courts and Government
Law and Popular Culture: Overview
Courts as Legal Institutions
Case Close-Up: Overview
Courts as Political Institutions
Courts in Comparative Perspective: Overview
Courts and Controversy
Debating Law, Courts, and Politics: Overview
Conclusion
Institutions of Law
Law and Legal Systems
What Is Law?
Legal Systems
Civil Law
Socialist Law
Courts in Comparative Perspective: The French Republic and the Code Napoleon
Islamic Law
Common Law
Key Characteristics of the Common Law
The Adversary System
Law and Popular Culture: Brokedown Palace (1999)
The Major Components of U.S. Law
Case Close-Up: McCreary v. ACLU (2005)
Interpreting the Law
Debating Law, Courts, and Politics: Can the Law Keep Up with Rapid Changes in Computer Technology?
Conclusion
Federal Courts
Principles of Court Organization
The History of the Federal Courts
Case Close-Up: Marbury v. Madison (1803)
United States District Courts
United States Courts of Appeals
Debating Law, Courts, and Politics: Should the Ninth Circuit Be Split?
The United States Supreme Court
Courts in Comparative Perspective: The Federal Republic of Germany
Specialized Courts
Law and Popular Culture: A Few Good Men (1992)
Federal Judicial Administration
Debating Law, Courts, and Politics: Are the Federal Courts Obstructing the War on Terrorism, or Are They Protecting Civil Liberties?
The Ongoing Federal Courts Caseload Controversy
Attacks on the Federal Judiciary
Conclusion
State Courts
The History of State Courts
Trial Courts of Limited Jurisdiction: Lower Courts
Trial Courts of General Jurisdiction: Major Trial Courts
Intermediate Courts of Appeals
Courts of Last Resort: State Supreme Courts
The Lower Courts: A Closer Look
Justice of the Peace Courts
Municipal Courts
Juvenile Courts
Court Unification
Case Close-Up: Wachtler v. Cuomo (1991)
The Politics of Court Reorganization
Court Reform: The Next Steps
Law and Popular Culture: Traffic (2000)
Drug Courts
Debating Law, Courts, and Politics: Should We End the War on Drugs?
Consequences of Court Organization
Courts in Comparative Perspective: The Federal Republic of Mexico
Conclusion
Interpreters of The Law
Lawyers and Legal Representation
Legal Education
Law Schools Today
Debating Law, Courts, and Politics: Thinking About Law School?
Licensing Requirements
Legal Ethics and Discipline
Law and Popular Culture: Have You Heard the Latest Lawyer Joke?
Bar Associations
The Work of Lawyers
Courts in Comparative Perspective: Australia
Where Lawyers Work
Diversity and Stratification of the Legal Profession
Debating Law, Courts, and Politics: Does the United States Have Too Many Lawyers?
Access to Legal Services
Case Close-Up: Gideon v. Wainwright (1963)
Law and Popular Culture: A Civil Action (1998)
Conclusion
Judges
Judicial Selection
Appointment of Federal Judges
Law and Popular Culture: Judge Judy: Justice with an Attitude or Just Plain Nonsense?
Debating Law, Courts, and Politics: Filibuster This?
Judicial Elections
Merit Selection
Case Close-Up: Republican Party v. White (2002)
Courts in Comparative Perspective: Judges in the United Kingdom
Which System Is Best?
Case Close-Up: Chisom v. Roemer (1991)
Judges at Work
Judging the Judges
Conclusion
Consumers of Law
Mobilizing the Law: Litigants, Interest Groups, Court Cases, and the Media
Legal Mobilization
Court Caseloads
Party Capability
The Adjudicatory Process
Courts in Comparative Perspective: The Federal Republic of Nigeria
Traditional Versus Policy Lawsuits
Case Close-Up: Brown v. Board of Education of Topeka, Kansas (1954)
Debating Law, Courts, and Politics: Can Courts Bring About Social Change?
Interest Groups in Court
Debating Law, Courts, and Politics: Should Gun Manufacturers Be Sued?
The Media and the Legal System
Law and Popular Culture: Chicago (2002)
Conclusion
Trial Courts
Trial Courts: The Preliminary Stages of Criminal Cases
Crime
Courts in Comparative Perspective: The Kingdom of Saudi Arabia: Pure Islamic Law
Policing
Arrests
The Defendant
Prosecution
Law and Popular Culture: Law & Order
Grand Juries
Exclusionary Rules
Case Close-Up: Miranda v. Arizona (1966)
Case Attrition
Debating Law, Courts, and Politics: Should the Exclusionary Rule Be Abolished?
The Criminal Justice Wedding Cake
Conclusion
Trial Courts: How Criminal Cases End: Bargaining and Sentencing
The Courtroom Work Group
The Many Faces of Plea Bargaining
Plea Bargaining and Courtroom Work Groups
Forms of Punishment
Law and Popular Culture: The Shawshank Redemption (1994)
Normal Penalties and Sentencing Decisions
The Fairness of Sentencing
Courts in Comparative Perspective: The People's Republic of China
The Severity of the Penalty
Sentencing Guidelines
Case Close-Up: Roper v. Simmons (2005)
The Death Penalty
Debating Law, Courts, and Politics: Should the Death Penalty Be Abolished?
Conclusion
Trial Courts: How Civil Cases Begin
The Disputing Pyramid
Resolution Without Filing a Lawsuit
Law and Popular Culture: The Insider (1999)
The Litigation Explosion Argument
Courts in Comparative Perspective: The Republic of India: The World's Largest Democracy
Tort Reform
Case Close-Up: Liebeck v. McDonald's Corporation (1995)
Debating Law, Courts, and Politics: Should Limits Be Placed on Punitive Damages?
The Complex World of Torts
Alternative Dispute Resolution
Conclusion
Trial Courts: How Civil Cases End
Civil Procedure
Steps in a Civil Lawsuit
Courts in Comparative Perspective: The State of Israel
Negotiations, Settlements, and Dispositions
Debating Law, Courts, and Politics: Who Should Be Held Responsible for Tobacco-Related Deaths?
Dynamics of Trial Court Dispositions: Three Case Studies
Settling Tort Cases
Case Close-Up: Rodriguez v. Firestone (2001)
Negotiating Small Claims
Bargaining Divorce Cases
Law and Popular Culture: Kramer vs. Kramer (1979)
Winners and Losers
Conclusion
Trials and Juries
History and Function
Courts in Comparative Perspective: Russia
Jury Selection
Law and Popular Culture: Runaway Jury (2003)
The Moving Party Presents Its Case
The Defense Presents Its Case
Rebuttal
The End of the Trial
The Jury Decides
Debating Law, Courts, and Politics: Should Cameras Be Allowed in the Courtroom?
Prejudicial Pretrial Publicity
Case Close-Up: Sheppard v. Maxwell (1966)
Trials as Balancing Wheels
Debating Law, Courts, and Politics: Should Jurors Engage in Jury Nullification?
Conclusion
Appellate Review
The Appellate Process
The Nature of the Appellate Process
Law and Popular Culture: The Hurricane (1999)
The Business of the Appellate Courts
Caseloads and Expedited Processing Techniques
Post-Conviction Remedies
Explaining Decision Making on Appellate Courts
Debating Law, Courts, and Politics: Innocents on Death Row?
Courts in Comparative Perspective: Canada
Explaining Decision Making on Appellate Courts Today
State Supreme Courts
Case Close-Up: Goodridge v. Department of Public Health (2003)
U.S. Courts of Appeals
Conclusion
The Supreme Court: Deciding What to Decide
Jurisdiction of the Supreme Court
Courts in Comparative Perspective: The International Court of Justice
Doctrines of Access
Case Close-Up: Roe v. Wade (1973)
Mobilizing the Law to Reach the Supreme Court
Law and Popular Culture: The Cider House Rules (1999)
Case Selection
The Court's Docket
Debating Law, Courts, and Politics: Should Congress or the Court Decide Who Decides?
Conclusion
The Supreme Court: The Justices and their Decisions
Selecting the Justices
Senate Confirmation
Debating Law, Courts, and Politics: The Rejection of Robert Bork
The Decision-Making Process
The Justices' Policy Preferences
Law and Popular Culture: The People vs. Larry Flynt (1996)
From Warren to Roberts
Impact and Implementation
Case Close-Up: Reno v. American Civil Liberties Union (1997)
Courts in Comparative Perspective: Japan
Conclusion
Glossary
Case Index
Name Index
Subject Index

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