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Judicial Process in America
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Judicial Process in America

Tenth Edition

Courses:
Judicial Process

January 2016 | 488 pages | CQ Press
Known for shedding light on the link among the courts, public policy, and the political environment, Judicial Process in America provides a comprehensive overview of the American judiciary. It considers judges, lawyers, and litigants, as well as the variables at play in judicial decision making. In this Tenth Edition, authors Robert A. Carp, Ronald Stidham, Kenneth L. Manning, and Lisa M. Holmes examine the recent Supreme Court rulings on same-sex marriage and health care subsidies, the effect of three women justices on the Court’s patterns of decision, and the policy-making role of state tribunals. Original data on the decision-making behavior of the Obama trial judges—which are unavailable anywhere else—ensure this text’s position as a standard bearer in the field.
 
Chapter 1: Foundations of Law in the United States
Definition 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 U.S. Supreme Court  
The U.S. Court of Appeals  
U.S. 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
Federal Courts  
Jurisdiction of State Courts  
Jurisdiction and Legislative Politics  
Judicial Self-Restraint  
Summary  
Further Thought and Discussion Questions  
Suggested Resources  
 
Chapter 5: State Judges
Qualifications and Backgrounds of State Judges  
The Selection Process for State Judges  
The Retirement and Removal of State Judges  
Summary  
Further Thought and Discussion Questions  
Suggested Resources  
 
Chapter 6: Federal Judges
Background Characteristics of Federal Judges  
Formal and Informal Qualifications of Federal Judges  
The Federal Selection Process and Its Participants  
The Judicial Socialization Process  
The Retirement and Removal of Judges  
Summary  
Further Thought and Discussion Questions  
Suggested Resources  
 
Chapter 7: Policy Links between the Citizenry, the President, and the Federal Judiciary
The President and the Composition of the Judiciary  
Presidents' Values and Their Appointees' Decisions  
President Barack Obama and the Federal Judiciary  
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 Main Categories 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  
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 Influences on the Implementation Process  
Executive Branch Influences 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 Influences  

Supplements

Instructor Resources Site
    Password-protected INSTRUCTOR RESOURCES you’ll actually use!
    Save time and ease class preparation with the additional guidance and tools, including:

    •Test Bank that provide a diverse range of pre-written options as well as the opportunity to edit any question and/or insert personalized questions to effectively assess the students' progress and understanding.
    •Tables and Figures from the book is available for use while lecturing, in discussion groups, or for importing into test materials.

“I am very fond of this text. I have used the various editions for over a decade. It is straightforward and full of good information. The chapters are thorough and present a realistic view of the courts without sensationalizing rare, anomalous events that distract from the true nature of American courts.”

Matthew S. Crow
University of West Florida

“The students love the text—it is affordable yet covers the material in a logical and understandable way.  I love the text too—I have used every edition since the Fifth Edition. Of all the texts I choose year in and year out, this text is a go-to choice for me. It is well positioned to teach the concepts essential to the judicial process and philosophy course.”

Kenneth Frank
Brenau University

“I use Judicial Process in America because it keeps up not only with real world events in judicial politics and process but also with the scholarly literature on the subject, which is critical. It is accessible to undergraduate students without talking down to them.” 

Mark S. Hurwitz
Western Michigan University
Key features

New to This Edition

  • Comprehensive analysis of court dynamics, including the impact of three women on the U.S. Supreme Court; Chief Justice John G. Roberts’ leadership on the Supreme Court; the new Attorney General of the United States, Loretta Lynch; the voting patterns of Democrats and Republicans on the trial court bench; and the decisional patterns of the Obama appointees.
  • New coverage of current topics:
    • Gay and lesbian rights, including analysis of Obergefell v. Hodges
    • The Hobby Lobby case and judicial lobbying
    • The trial of the Boston Marathon bomber
    • The legality of the use of drones at home and abroad
    • The legal implications of disclosures by Edward Snowden via WikiLeaks
    • The Supreme Court decisions on the Affordable Care Act
    • The legal ramifications of the use of the Confederate battle flag by government entities
    • Issues of immigration and deportations, including the so-called Dreamers

KEY FEATURES:

  • The Annotated Constitution in the book’s appendix features the authors’ explanatory comments for each of the document’s articles and sections, offering context and references to landmark cases.
  • Chapter summaries help focus students’ study and review.
  • Further Thought and Discussion Questions promote critical thinking and reflection on key chapter points.
  • Annotated Suggested Resources list books, journal articles, and websites, offering students guidance for further research.

Sample Materials & Chapters

Chapter 1


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