May It Please the Court Judicial Processes and Politics in America, Second Edition

ISBN-10: 1420067672

ISBN-13: 9781420067675

Edition: 2nd 2008 (Revised)

Authors: Brian L. Porto
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Description: Written by an inside expert with a background that spans political science and law, this uniquely engaging work demonstrates how the judicial process operates at the intersection of law and politics. Concise, yet thorough, it conveys a complete picture of the human drama that is an integral component of both criminal and civil litigation. It includes numerous case studies as well as discussion questions at the end of each chapter to reinforce the concepts. Entirely updated, this edition also adds a glossary of legal terms, expanded appendices that includes discussion of computerized legal research, Web references, new epilog cases, and new illustrative cases. It also contains an incisive chapter that examines the history and culture of the legal profession and discusses the nature of modern legal practice.

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Book details

List price: $99.95
Edition: 2nd
Copyright year: 2008
Publisher: CRC Press LLC
Publication date: 10/17/2008
Binding: Paperback
Pages: 380
Size: 6.25" wide x 9.50" long x 0.75" tall
Weight: 1.408
Language: English

Illustrations
Preface
Acknowledgments
About the Author
Courts and Judges in the Political Process
Law and Politics: Myth and Reality
The Political Context of Judging
Courts in the American Political System
Links between Law and Politics
The Differences between Law and Politics
Reconciling Law and Politics
Conclusion: Law, Politics, and Judicial Decisions
Epilogue: The Law and Politics of Flag Burning
American Courts-Structures and Procedures
Federalism and the Judiciary
State Court Systems
Introduction
Trial Courts of Limited Jurisdiction
Trial Courts of General Jurisdiction
Intermediate Appellate Courts
Courts of Last Resort
The Federal Court System
Introduction
Specialized Federal Courts
U.S. District Courts
U.S. Courts of Appeals
The U.S. Supreme Court
Federal Court Administration
Relations between State and Federal Courts
Conclusion
Epilogue: The Roots of Judicial Federalism
Lawyers and Lawyering
Introduction
A Brief History of the Legal Profession
The Legal Profession Today
Entry
Culture
Practice
Challenges
Conclusion
Epilogue: Client Solicitation and Free Speech
Judicial Selection and Removal
Law, Politics, and Judicial Nominations
Judicial Selection in the States
Introduction
Election
Appointment
Appointment-and-Election
Legislative Selection
Conclusion
Discipline and Removal of State Judges
Selection of Federal Judges
Introduction
The Lower Federal Courts
The Supreme Court
Discipline and Removal of Federal Judges
Conclusion
Epilogue: Free Speech and Judicial Elections
Norm Enforcement-The Criminal Justice Process
Introduction
State v. Johnson: Facts
State v. Johnson: Participants
The Defendant
The Defense Attorney
The Prosecutor
The Judge
State v. Johnson: Process
Pretrial
Arraignment
Preliminary Hearing
Indictment
Plea Bargain
Motions
Trial
Defendant's Right to a Speedy Trial
Jury Selection
Opening Statements
Presentation of Evidence
Closing Arguments
Jury Instructions
Verdict
Sentencing
Conclusion
Epilogue: Dr. Sheppard's Trial
Dispute Resolution-The Civil Justice Process
Introduction
Peterson v. Big Pine Mountain Ski Corporation: Facts
Participants
The Plaintiff
The Plaintiff's Lawyer
The Defendant
The Defense Lawyer
The Judge
Process
Pretrial
Complaint
Answer/Motion to Dismiss
Discovery
ADR
Summary Judgment
Trial
The Right to a Jury Trial
Jury Selection
Opening Statements
Presentation of Evidence
Closing Arguments
Jury Instructions
Verdict
Conclusion
Epilogue: Punishing Deceit
Policy Making-The Appellate Process
Introduction
State v. Johnson on Appeal
Post-Verdict Motions
Notice of Appeal
Briefs
Appellant
Appellee
Reply
Oral Argument
Decision Conference
Decision
Peterson on Appeal
Post-Verdict Motion
Notice of Appeal
Briefs
Appellant
Appellee
Reply
Oral Argument
Decision Conference
Decision
Conclusion
Epilogue: Open Fields and a "Tumbledown" House
Open Fields
"A Tumbledown" House
Legal and Political Influences on Judicial Decision Making
Introduction
Legal Influences
Procedural
Substantive
Political Influences
Attitudinal
Organizational
Institutional
Reconciling Legal and Political Perspectives
Conclusion
Epilogue: The Law and Politics of Abortion
The Limits of Judicial Policy Making
Introduction
The Debate about Judicial Policy Making
Overview
Judicial Restraint versus Judicial Activism
Judicial Restraint
Judicial Activism
Constrained Court versus Dynamic Court
Constrained Court
Dynamic Court
An Assessment of Judicial Policy Making
Legitimacy
Capacity
Impact
Conclusion
Epilogue: A School System Flunks Out
Summary and Conclusion
Summary
Conclusion
Researching the Law
Documents of Litigation
Criminal
Application and Supporting Affidavit for Apartment Search
Search Warrant
Indictment
Motion to Suppress Evidence
Civil
Complaint
Answer
Index
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