ISBN-10:
148337825X
ISBN-13:
9781483378251
Pub. Date:
02/15/2016
Publisher:
SAGE Publications
Judicial Process in America / Edition 10

Judicial Process in America / Edition 10

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Overview

Judicial Process in America / Edition 10

A concise and accessible overview of the entire American court system that explores how courts are set up, how they work, and how they make policy.

This comprehensive and reliable examination of the American judicial Process explores civil and criminal courts on both the federal and state levels to provide a careful description of the entire judicial process, from the selection of judges to the impact of judicial rulings on American society.

Judicial Process in America reveals important trends in how court case Ioads are changing what kinds of cases are being tried; and what decisions are being reached.

Product Details

ISBN-13: 9781483378251
Publisher: SAGE Publications
Publication date: 02/15/2016
Edition description: Tenth Edition
Pages: 488
Sales rank: 134,405
Product dimensions: 6.00(w) x 8.90(h) x 0.90(d)

About the Author

Robert A. Carp is professor of political science at the University of Houston. He is coauthor ofPolicymaking and Politics in the Federal Courts; Politics and Judgment in Federal District Courts; the Federal Courts, fourth edition, with Ronald Stidham; and numerous articles on judicial process.


Kenneth L. Manning is professor of political science at the University of Massachusetts Dartmouth. He is coauthor with Robert A. Carp and Ronald Stidham of The Federal Courts (Fifth Edition) and The State Courts, and coeditor of Political Perspectives: Essays on Government and Politics. Manning's work on the politics of judicial decision-making and federal judicial selection have been published in a variety of journals.


Ronald Stidham is professor emeritus of Government and Justice Studies at Appalachian State University. He is coauthor of The Federal Courts, Fifth Edition, with Robert A. Carp and Kenneth L. Manning; The State Courts, with Robert A. Carp and Kenneth L. Manning; and numerous articles in legal, social science, and criminal justice journals.

Table of Contents

Tables and Figuresxi
Prefacexiii
1Foundations of Law in the United States1
Opening Questions1
Definition of Law4
Sources of Law in the United States5
Types of Law7
Functions of Law10
The United States and the Rule of Law13
A Litigious Society17
Summary20
2History and Organization of the Federal Judicial System23
Opening Questions23
The Historical Context25
The U.S. Supreme Court26
The U.S. Courts of Appeals38
U.S. District Courts46
Constitutional Courts and Legislative Courts51
Administrative and Staff Support in the Federal Judiciary53
Federal Court Workload57
Summary59
3History and Organization of State Judicial Systems63
Opening Questions63
Historical Development of State Courts64
State Court Organization68
Administrative and Staff Support in the State Judiciary73
State Court Workload75
Summary76
4Jurisdiction and Policy-Making Boundaries79
Opening Questions79
Federal Courts80
Jurisdiction and Policy Making of State Courts84
Jurisdiction and Legislative Politics87
Judicial Self-Restraint88
Summary103
5Lawyers, Litigants, and Interest Groups in the Judicial Process106
Opening Questions106
Lawyers and the Legal Profession107
Litigants123
Interest Groups in the Judicial Process124
Summary130
6The Criminal Court Process135
Opening Questions135
The Nature and Substance of Crime136
Categories of Crime137
Elements of a Crime142
Procedures before a Criminal Trial146
Procedures during a Criminal Trial162
Procedures after a Criminal Trial176
Summary183
7The Civil Court Process188
Opening Questions188
The Nature and Substance of Civil Law189
The Main Categories of Civil Law190
The Courts and Other Institutions Concerned with Civil Law195
The Civil Trial Process202
Summary210
8Federal Judges214
Opening Questions214
Background Characteristics of Federal Judges215
Formal and Informal Qualifications of Federal Judges224
The Federal Selection Process and Its Participants229
Policy Links between the Citizenry, the President, and the Federal Judiciary238
The Judicial Socialization Process253
The Retirement and Removal of Judges257
Summary262
9State Judges268
Opening Questions268
Qualifications and Backgrounds of State Judges269
The Selection Process for State Judges271
The Retirement and Removal of Judges277
Summary278
10Decision Making by Trial Court Judges282
Opening Questions282
The Legal Subculture284
The Democratic Subculture291
Summary321
11Decision Making in Collegial Courts328
Opening Questions328
Cue Theory329
Small-Group Analysis332
Attitude Theory349
Rational Choice Theory352
Summary353
12Implementation and Impact of Judicial Policies359
Opening Questions359
The Impact of Higher-Court Decisions on Lower Courts360
Congressional Influences on the Implementation Process367
Executive Branch Influences on the Implementation Process370
Other Implementers373
The Impact of Judicial Policies375
Summary382
13Policy Making by American Judges: A Synthesis387
The Nature of the Case or Issue388
The Values and Orientations of the Judges391
The Nature of the Judicial Decision-Making Process394
The Impact of Extraneous Influences397
Glossary400
Subject Index407
Case Index424

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