Supreme Court in the American Legal System

Name: Supreme Court in the American Legal System
Price: 4.64 USD
Availability: InStock
ISBN: 9780521785082

ISBN-10: 0521785081

ISBN-13: 9780521785082

Edition: 2005

Authors: Jeffrey A. Segal, Harold J. Spaeth, Sara C. Benesh

List price: $38.99

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Description:

This book comprehensively examines the United States legal system, providing an overview of some of the key issues in the American judicial process.

Book details

List price: $38.99
Copyright year: 2005
Publisher: Cambridge University Press
Publication date: 7/25/2005
Binding: Paperback
Pages: 424
Size: 6.14" wide x 9.25" long x 0.94" tall
Weight: 1.144
Language: English

Sara C. Benesh is Assistant Professor of Political Science at University of Wisconsin - Milwaukee. She previously taught in the Department of Political Science at the University of New Orleans. She was awarded a grant for research from the National Science Foundation. She is the author of The U.S. Courts of Appeals and the Law of Confessions: Perspectives on the Hierarchy of Justice (LFB Scholarly Publishing, 2002).



List of Illustrations


List of Tables


Preface



Introduction



Judicial Policy Making


Policy Making


The Mythology of Judging


Summary and Conclusions



Approaches to Judicial Decision Making


Models


The Legal Approach


Extralegal or Policy-Based Approaches


Summary and Conclusions



The Supreme Court in American Legal History


Before the Constitution


The New Constitution


The Marshall Court


The Civil War Era


Economic Regulation


Changes in the State Courts


The New Deal


Supreme Court Supervision of State Courts


First Amendment Freedoms


Criminal Procedure


Equal Protection


The Right to Privacy


The Supreme Court and the Distribution of Power


Summary and Conclusions



Judicial Process



Civil Procedure


The Adversary System


Jurisdiction


Pleadings


Discovery


Trial Procedure


Multiparty and Multiclaim Litigation


Summary and Conclusions



Evidence


The Genesis of Evidence Law


Relevance


Hearsay


Circumstantial Evidence


Constitutional Provisions Impacting the Production of Evidence


Privileges


Expert Testimony


Eyewitness Testimony


Summary and Conclusions



Criminal Procedure


Crime


Prearrest Investigations


From Arrest to Trial


Trial


Appeals


Conclusions



Lower Courts in the American Legal System



State Courts


The State Courts


The Selection of State Court Judges


Accessing State Courts


Caseload


State Court Decision Making


Summary and Conclusions



The U.S. District Courts


Origins


Growth


Appointment Process


Jurisdiction


Caseload


Procedures


Decision Making


Conclusion



The U.S. Courts of Appeals


The U.S. Courts of Appeals


Origins


Growth


Appointment Process


Jurisdiction


Caseload


Procedures


Decision Making


Conclusion



The Supreme Court



Staffing the Court


Presidential Selection


Senate Confirmation


Summary and Conclusions



Getting into Court


Case Selection


The Supreme Court's Caseload


Which Cases for Decision?


Future Changes?


Summary and Conclusions



Supreme Court Decision Making


Process


The (Final) Vote on the Merits: Legal Approaches


The Decision on the Merits: Extralegal Approaches


Conclusions



Opinions and Assignments


Voting and Opinion Options


Opinion Assignment


Opinion Assignments and Opinion Coalitions


The Politics of Coalition Formation


Who Influences Whom?


Summary and Conclusions



Impact



The Impact of Judicial Decisions


The Impact of Courts in America


A Framework for Understanding Impact


Compliance


Impact


The Courts and Public Opinion


Summary and Conclusions


Case Index