The Judicial Process An Introductory Analysis of the Courts of the United States, England, and France,9780195099874

The Judicial Process An Introductory Analysis of the Courts of the United States, England, and France

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Edition: 7th
ISBN13: 9780195099874
ISBN10: 0195099877
Format: Paperback
Pub. Date: 1998-03-12
Publisher(s): Oxford University Press
List Price: $149.32

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Summary

Written by one of the nation's most astute observers of the court, this classic text examines the theory, practice, and people behind the judicial process. The new seventh edition brings the work completely up to date by examining important developments and structural changes in these three judicial systems, up through the end of 1997, including judicial appointments during the Bush and Clinton administrations; significant alterations in the structure and organization of the United States, British, French, and other European courts, with an emphasis on the ongoing changes in the judiciary of the United Kingdom; and the collateral developments on the frontiers of judicial review procedures as well as the judicial role. At once comparative, expository, analytical, and evaluative, this new edition of The Judicial Process illuminates even more vividly the judiciary's political, legal, and governmental roles, examining closely that much debated but little understood line between "judicial activism" and "judicial restraint."

Table of Contents

TABLES, CHARTS, AND FIGURES
xv
1. INTRODUCTION: THE LAW AND THE COURTS
1(19)
The Nature of Law
2(3)
Positive and Natural Law
3(2)
Common Law and Statutory Law
5(10)
Common Law
6(5)
Equity
11(2)
Statutory Law
13(1)
Mixing Common and Statutory Law
14(1)
Some Additional Legal Definitions and Concepts
15(5)
Civil and Criminal Law
18(2)
2. STAFFING THE COURTS
20(81)
Selection
20(22)
The Two Chief Methods
21(16)
A Compromise?
37(5)
Tenure of Office
42(12)
The United States
42(9)
Britain
51(2)
France
53(1)
Qualifications and Motivations: The United States
54(22)
Basic Prerequisites
54(2)
Judicial Experience and Its Absence
56(10)
The Justices in Composite
66(1)
Motives that Underlie Appointments
66(10)
"Packing the Court" and the Nominees' "Real" Politics
76(4)
On the Role of the U.S. Senate
80(11)
Qualifications and Experience: The Special Cases of England and France
91(10)
England
91(7)
France
98(3)
3. COURTS, COURTROOMS, AND JURIES
101(50)
Types of Courts: Trial and Appellate
101(3)
Trial Courts
101(1)
Appellate Courts
102(2)
Courtroom Procedure: General
104(5)
Innocent Until Proved Guilty: The Accusatorial Procedure
104(2)
Guilty Until Proved Innocent: The Inquisitorial Procedure
106(3)
Vox Dei or Vox Populi in Action: The Juries
109(13)
The Grand Jury
111(6)
The Trial or Petit Jury
117(5)
Selection and Impaneling of Juries
122(24)
The Trial Jury at Work
133(2)
Instructing the Jury: The Judge's Charge
135(6)
Juries: Blessing or Evil?
141(5)
From Offense to Trial: A Procedural Note
146(5)
Procedure in Civil Cases
147(1)
Procedure in Criminal Cases
148(3)
4. COURTS AT HOME: I--THE LESSER TRIBUNALS
151(35)
A Dual System of Courts
151(1)
The State Courts
152(6)
The Justice of the Peace
152(2)
The Municipal Court
154(1)
The County Court
155(1)
The Intermediate Court of Appeals
156(1)
The Final Court of Appeals
157(1)
The Federal Courts
158(28)
The Federal Legislative Courts
158(6)
Ex-Legislative "Special" Constitutional Courts
164(5)
The Federal Constitutional Courts
169(14)
Administering the Federal Judiciary
183(3)
5. COURTS AT HOME: II--THE SUPREME COURT
186(84)
At the Zenith: The U.S. Supreme Court
186(20)
Original Jurisdiction
187(2)
Appellate Jurisdiction
189(1)
Writs of Review
190(7)
Workload
197(9)
The U.S. Supreme Court at Work
206(7)
Oral Argument
208(5)
Behind Closed Doors
213(41)
Assigning and Writing Opinions
218(22)
Opinion Day(s)
240(7)
Compliance
247(7)
Outside Influences on Court Personnel
254(16)
Legal Periodicals
255(1)
Social Science Data
256(2)
Test Cases
258(1)
The Brief Amicus Curiae
259(4)
The Law Clerks
263(7)
6. COURTS ABROAD
270(29)
The Courts of England and Wales
270(12)
The Criminal Courts' Hierarchy
271(4)
The Civil Courts' Hierarchy
275(7)
The Courts of France
282(17)
Two Major Divisions
283(1)
The Ordinary or Regular Courts' Hierarchy
284(4)
Administrative Tribunals Generally
288(6)
The French Administrative Courts
294(5)
7. JUDICIAL REVIEW: I--THE SUPREME POWER
299(47)
Defining Judicial Review
299(21)
Judicial Review Abroad
320(15)
Britain
320(1)
France
321(5)
Some Other Special Constitutional Tribunals
326(8)
A Historical Note
334(1)
Judicial Review at Home
335(11)
Further Historical Roots
337(1)
Spelling It Out: Marbury v. Madison
338(8)
8. JUDICIAL REVIEW: II--CONTROVERSY AND LIMITATIONS
346(39)
Judicial Review in a Democratic State: Saint or Sinner?
346(5)
Invoking Authority
347(4)
Drawing the Line--Or Attempting to Do So
351(8)
Judicial Legislating
352(7)
Judges Limited: The Taught Tradition of the Law
359(4)
Stare Decisis
360(3)
Other Limitations on Judicial Power and Effectiveness
363(8)
Reversing the Court
364(3)
Policy Formulations and Considerations
367(2)
Compliance and Enforcement
369(2)
Machtkampf: The Supreme Court in the Political Power Struggle
371(14)
9. CODA: A REALISTIC BULWARK
385(29)
The Sixteen Great Maxims of Judicial Self-Restraint
386(24)
The Bulwark
410(4)
APPENDIXES 414(7)
A. Members of the Supreme Court of the United States 414(5)
B. Table of Succession of the Justices of the Supreme Court of the United States 419(2)
BIBLIOGRAPHICAL NOTE 421(12)
INDEXES 433
I. General Subject Index 433(8)
II. Name Index 441(10)
III. Court Cases Index 451

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