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

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Cover Title Statement Copyright Brief Contents Contents Preface Acknowledgments About the Authors Ch 1: Law, Courts, and Politics Ch 1: Introduction Courts and Government Courts as Legal Institutions Courts as Political Institutions Courts and Controversy Ch 1: Conclusion Ch 1: Critical Thinking Questions Ch 1: References Ch 1: For Further Reading Ch 2: Law and Legal Systems Ch 2: Introduction What is Law? Legal Systems Civil Law Socialist Law Islamic Law Common Law Key Characteristics of the Common Law The Adversary System The Major Components of U.S. Law Interpreting the Law Ch 2: Conclusion Ch 2: Critical Thinking Questions Ch 2: References Ch 2: For Further Reading Ch 3: Federal Courts Ch 3: Introduction Principles of Court Organization The History of the Federal Courts United States District Courts United States Courts of Appeals The United States Supreme Court Specialized Courts Federal Judicial Administration The Ongoing Federal Courts Caseload Controversy Attacks on the Federal Judiciary Ch 3: Conclusion Ch 3: Critical Thinking Questions Ch 3: References Ch 3: For Further Reading Ch 4: State Courts Ch 4: Introduction 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 Juvenile Courts Court Unification The Politics of Court Reorganization Court Reform: The Next Steps Drug Courts Consequences of Court Organization Ch 4: Conclusion Ch 4: Critical Thinking Questions Ch 4: References Ch 4: For Further Reading Ch 5: Lawyers and Legal Representation Ch 5: Introduction Legal Education Law Schools Today Licensing Requirements Legal Ethics and Discipline Bar Associations The Work of Lawyers Access to Legal Services Ch 5: Conclusion Ch 5: Critical Thinking Questions Ch 5: References Ch 5: For Further Reading Ch 6: Judges Ch 6: Introduction Judicial Selection Appointment of Federal Judges Judicial Elections Merit Selection Which System is Best? Judges At Work Judging The Judges Ch 6: Conclusion Ch 6: Critical Thinking Questions Ch 6: References Ch 6: For Further Reading Ch 7: Mobilizing the Law: Litigants, Interest Groups, Court Cases, and the Media Ch 7: Introduction Legal Mobilization Court Caseloads Party Capability The Adjudicatory Process Traditional Versus Policy Lawsuits Interest Groups in Court Interest Group Litigation and the Oil Spill The Media and the Legal System Ch 7: Conclusion Ch 7: Critical Thinking Questions Ch 7: References Ch 7: For Further Reading Ch 8: Trial Courts: The Preliminary Stages of Criminal Cases Ch 8: Introduction Policing Arrests The Defendant Initial Appearance Bail Prosecution Filing Charges Preliminary Hearing Grand Juries Exclusionary Rules Pretrial Motions Case Attrition The Criminal Justice Wedding Cake Ch 8: Conclusion Ch 8: Critical Thinking Questions Ch 8: References Ch 8: For Further Reading Ch 9: Trial Courts: How Criminal Cases End: Bargaining and Sentencing Ch 9: Introduction The Courtroom Work Group The Many Faces of Plea Bargaining Plea Bargaining and Courtroom Work Groups Forms of Punishment Normal Penalties and Sentencing Decisions The Fairness of Sentencing The Severity of the Penalty Sentencing Guidelines The Death Penalty Ch 9: Conclusion Ch 9: Critical Thinking Questions Ch 9: References Ch 9: For Further Reading Ch 10: Trial Courts: How Civil Cases Begin Ch 10: Introduction Deciding to Sue Resolution Without Filing a Lawsuit Too Many Lawsuits? Tort Reform The Complex World of Torts Alternative Dispute Resolution Ch 10: Conclusion Ch 10: Critical Thinking Questions Ch 10: References Ch 10: For Further Reading Ch 11: Trial Courts: How Civil Cases End Ch 11: Introduction Civil Procedure Steps in a Civil Lawsuit Negotiations, Settlements, and Dispositions Dynamics of Trial Court Dispositions: Three Case Studies Settling Tort Cases Negotiating Small Claims Bargaining Divorce Cases Winners and Losers Ch 11: Conclusion Ch 11: Critical Thinking Questions Ch 11: References Ch 11: For Further Reading Ch 12: Trials and Juries Ch 12: Introduction History and Function Jury Selection The Moving Party Presents Its Case Expert Witnesses The Defense Presents Its Case Rebuttal Closing Arguments Jury Instructions The Jury Decides Prejudicial Pretrial Publicity Trials as Balancing Wheels Ch 12: Conclusion Ch 12: Critical Thinking Questions Ch 12: References Ch 12: For Further Reading Ch 13: The Appellate Process Ch 13: Introduction The Nature of the Appellate Process Appellate Court Procedures The Business of the Appellate Courts Caseloads and Expedited Processing Techniques Postconviction Remedies Decision Making in Appellate Courts Explaining Decision Making in Appellate Courts Today State Supreme Courts U.S. Courts of Appeals Ch 13: Conclusion Ch 13: Critical Thinking Questions Ch 13: References Ch 13: For Further Reading Ch 14: The Supreme Court: Deciding What To Decide Ch 14: Introduction Jurisdiction of the Supreme Court Doctrines of Access Mobilizing the Law to Reach the Supreme Court Case Selection The Court’s Docket Ch 14: Conclusion Ch 14: Critical Thinking Questions Ch 14: References Ch 14: For Further Reading Ch 15: The Supreme Court: The Justices and Their Decisions Ch 15: Introduction Selecting the Justices Senate Confirmation The Decision-Making Process The Justices’ Policy Preferences From Warren to Roberts Impact and Implementation Ch 15: Conclusion Ch 15: Critical Thinking Questions Ch 15: References Ch 15: For Further Reading Glossary Case Index Subject Index