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Tables of Contents for Judicial Process in America
Chapter/Section Title
Page #
Page Count
Tables and Figures
xi
Preface
xiii
1 Foundations of Law in the United States
1
22
Definition of Law
3
1
Sources of Law in the United States
4
2
Types of Law
6
3
Functions of Law
9
3
The United States and the Rule of Law
12
4
A Litigious Society
16
3
Summary
19
1
Further Thought and Discussion Questions
20
3
2 History and Organization of the Federal Judicial System
23
34
The Historical Context
24
1
The U.S. Supreme Court
25
9
The U.S. Courts of Appeals
34
8
U.S. District Courts
42
4
Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisdiction
46
2
Administrative and Staff Support in the Federal Judiciary
48
4
Federal Court Workload
52
2
Summary
54
1
Further Thought and Discussion Questions
54
3
3 History and Organization of State Judicial Systems
57
16
Historical Development of State Courts
57
4
State Court Organization
61
6
Norm Enforcement and Policy making in the State Courts
67
1
Administrative and Staff Support in the State Judiciary
68
1
State Court Workload
69
2
Summary
71
1
Further Thought and Discussion Questions
71
2
4 Jurisdiction and Policy-Making Boundaries
73
25
Federal Courts
73
5
Jurisdiction of State Courts
78
1
Jurisdiction and Legislative Politics
78
2
Judicial Self-Restraint
80
15
Summary
95
1
Further Thought and Discussion Questions
95
3
5 State Judges
98
13
Qualifications and Backgrounds of State Judges
98
3
The Selection Process for State Judges
101
6
The Retirement and Removal of State Judges
107
1
Summary
108
1
Further Thought and Discussion Questions
109
2
6 Federal Judges
111
40
Background Characteristics of Federal Judges
111
10
Formal and Informal Qualifications of Federal Judges
121
4
The Federal Selection Process and Its Participants
125
10
The Judicial Socialization Process
135
4
The Retirement and Removal of Judges
139
6
Summary
145
1
Further Thought and Discussion Questions
146
5
7 Policy Links between the Citizenry, the President, and the Federal Judiciary
151
20
The President and the Composition of the Judiciary
152
5
Presidents' Values and Their Appointees' Decisions
157
6
President Clinton and the Federal Judiciary 161
163
5
President George W. Bush and the Federal Judiciary
Summary
168
1
Further Thought and Discussion Questions
169
2
8 Lawyers, Litigants, and Interest Groups in the Judicial Process
171
27
Lawyers and the Legal Profession
172
14
Litigants
186
2
Interest Groups in the Judicial Process
188
5
Summary
193
1
Further Thought and Discussion Questions
194
4
9 Crime and Procedures Prior to a Criminal Trial
198
31
The Nature and Substance of Crime
198
2
Categories of Crime
200
5
Elements of a Crime
205
4
Procedures prior to a Criminal Trial
209
16
Summary
225
1
Further Thought and Discussion Questions
226
3
10 The Criminal Trial and Its Aftermath
229
27
Procedures during a Criminal Trial
229
14
Procedures after a Criminal Trial
243
8
Summary
251
1
Further Thought and Discussion Questions
252
4
11 The Civil Court Process
256
25
The Nature and Substance of Civil Law
256
1
The Main Categories of Civil Law
257
6
The Courts and Other Institutions Concerned with Civil Law
263
6
The Civil Trial Process
269
9
Summary
278
1
Further Thought and Discussion Questions
278
3
12 Decision Making by Trial Court Judges
281
44
The Legal Subculture
283
6
The Democratic Subculture
289
22
The Subcultures as Predictors
311
7
Summary
318
1
Further Thought and Discussion Questions
319
6
13 Decision Making in Collegial Courts
325
37
Cue Theory
326
3
Small-Group Analysis
329
16
Attitude Theory
345
3
Rational Choice Theory
348
2
Practical Applications of These Four Approaches
350
4
Summary
354
1
Further Thought and Discussion Questions
355
7
14 Implementation and Impact of Judicial Policies
362
27
The Impact of Higher-Court Decisions on Lower Courts
363
7
Congressional Influences on the Implementation Process
370
3
Executive Branch Influences on the Implementation Process
373
2
Other Implementers
375
3
The Impact of Judicial Policies
378
6
Summary
384
1
Further Thought and Discussion Questions
384
5
15 Policy making by American Judges: A Synthesis
389
13
The Nature of the Case or Issue
390
3
The Values and Orientations of the Judges
393
3
The Nature of the Judicial Decision-Making Process
396
3
The Impact of Extraneous Influences
399
3
Glossary
402
7
Annotated Constitution of the United States
409
37
Subject Index
446
15
Case Index
461