E-grāmata: Judicial Process in America

List of Tables and Figures
Preface
Acknowledgments
Chapter 1: Foundations of Law in the United States
De?nition of Law
Sources of Law in the United States
Types of Law
Functions of Law
The United States and the Rule of Law
A Litigious Society
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 2: The Federal Judicial System
The Historical Context
The US Supreme Court
The US Courts of Appeals
US District Courts
Constitutional Courts, Legislative Courts, and Courts of Specialized
Jurisdiction
Administrative and Staff Support in the Federal Judiciary
Federal Court Workload
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 3: State Judicial Systems
Historical Development of State Courts
State Court Organization
Norm Enforcement in the State Courts
The Courtroom Work Group
Administrative Hearings in the States
Policymaking in the State Courts
Innovation in State Courts
Administrative and Staff Support in the State Judiciary
State Court Workload
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 4: Jurisdiction and Policymaking Boundaries
Jurisdiction of Federal Courts
Jurisdiction of State Courts
Jurisdiction and Legislative Politics
Jurisdiction and Forum Shopping
Judicial Self-Restraint
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 5: State Judges
Background Characteristics of State Judges
The Selection Process for State Judges
The Retirement, Removal, and Judicial Oversight of State Judges
Judicial Independence and State Courts
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 6: Federal Judges
Background Characteristics of Federal Judges
The Federal Selection Process and Its Participants
The Judicial Socialization Process
The Consequences of Lifetime Tenure
The 2024 Elections and the Federal Judiciary
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 7: Policy Links Among the Citizenry, the President, and the Federal
Judiciary
The President and the Composition of the Judiciary
Presidents Values and Their Appointees Decisions
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 8: Lawyers, Litigants, and Interest Groups in the Judicial Process
Lawyers and the Legal Profession
Litigants
Interest Groups in the Judicial Process
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 9: Crime and Procedures Prior to a Criminal Trial
The Nature and Substance of Crime
Categories of Crime
Elements of a Crime
Procedures Prior to a Criminal Trial
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 10: The Criminal Trial and Its Aftermath
Procedures During a Criminal Trial
Procedures After a Criminal Trial
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 11: The Civil Court Process
The Nature and Substance of Civil Law
The Courts and Other Institutions Concerned with Civil Law
The Civil Trial Process
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 12: Decision-Making by Trial Court Judges
The Legal Subculture
The Democratic Subculture
The Subcultures as Predictors
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 13: Decision-Making in Collegial Courts
Cue Theory
Small-Group Analysis
Attitude Theory
Rational Choice Theory
Practical Applications of These Four Approaches
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 14: Implementation and Impact of Judicial Policies
The Impact of Higher Court Decisions on Lower Courts
Congressional In?uences on the Implementation Process
Executive Branch In?uences on the Implementation Process
Other Implementers
The Impact of Judicial Policies
Summary
Further Thought And Discussion Questions
Suggested Resources
Chapter 15: Policymaking by American Judges: A Synthesis
The Nature of the Case or Issue
The Values and Orientations of the Judges
The Nature of the Judicial Decision-Making Process
The Impact of Extraneous In?uences
Summary
Further Thought And Discussion Questions
Suggested Resources
Appendix: Annotated Constitution
Glossary
Case Index
Subject Index
About the Authors

Robert A. Carp is professor of political science at the University of Houston. He is coauthor of Policymaking 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. Mannings work on the politics of judicial decision-making and federal judicial selection have been published in a variety of journals.

Professor Holmes specializes in judicial politics, constitutional law, gender and law, and American politics. Her research focuses on various issues surrounding the politics of appointing federal and state court judges. Her recent work on how presidents use judicial nominees to court favor with their partisan supporters and interested groups has been published in Presidential Studies Quarterly, American Politics Research, and the Drake Law Review. Her current project examines the implications of politicized appointment politics on the careers and attitudes of judicial nominees. Jennifer Bowie is an Associate Professor of Political Science at the University of Richmond. Her research and teaching focuses on judicial decision making and behavior on the U.S. and comparative courts. She is a co-author of The View from the Bench and Chambers: Examining Judicial Process and Decision Making on the U.S. Courts of Appeals. Her work has been published in a number of journals and edited volumes including The Journal of Politics, Political Research Quarterly, and the Journal of Law and Courts.