1 Foundations of Law in the United States

Sources of Law in the United States

Types of Law in the United States

Functions of Law

The United States and the Rule of Law

A Litigious Society

Summary

2 History, Function, and Organization of the Federal and State Judicial Systems

The Historical Context

The U.S. Supreme Court

The U.S. Courts of Appeals

U.S. District Courts

Constitutional Courts and Legislative Courts

The Federal Courts in the American Political System

State Court Systems

State Court Organization

Summary

3 Administrative and Staff Support in the Judiciary

The Judicial Administration Movement

Major Administrative Support Structures

Personnel Support

Summary

4 Lawyers, Litigants, and Interest Groups in the Judicial Process

Lawyers and the Legal Profession

Litigants

Interest Groups in the Judicial Process

Summary

5 Jurisdiction, Workload, and Policy-Making Boundaries of Federal and State Courts

Federal Courts

Jurisdiction and Workload of State Courts

Jurisdiction and Legislative Politics

Judicial Self-Restraint

Summary

6 The Criminal Court Process

The Nature and Substance of Crime

Categories of Crime

Elements of a Crime

Procedures Before a Criminal Trial

Procedures During a Criminal Trial

Procedures After a Criminal Trial

Summary

7 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

8 The Federal and State Judges

Background Characteristics of Federal Judges

Formal and Informal Qualifications of Federal Judges

Qualifications and Backgrounds of State Judges

The Federal Selection Process and Its Participants

The Selection Process for State Judges

Policy Links Between the Citizenry, the President, and the Federal Judiciary

The Judicial Socialization Process

The Retirement and Removal of Judges

Summary

9 The Decision-Making Process

The Legal Subculture

The Democratic Subculture

Summary

10 Decision Making: The Special Case of Collegial Courts

Cue Theory

Small-Group Analysis

Attitude Theory and Bloc-Formation Analysis

Fact Pattern Analysis

Summary

11 Implementation and Impact of Judicial Policies

The Impact of Upper-Court Decisions on Lower Courts

Congressional Influences on the Implementation Process

Executive Branch Influences on the Implementation Process

Other Implementors

The Impact of Judicial Policies

Summary

12 Policy Making by American Judges: An Attempt at 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

Selected Bibliography

Index