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Judicial Process in America
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Judicial Process in America

Thirteenth Edition

Other Titles in:
Law & Courts

March 2025 | CQ Press
Judicial Process in America, Thirteenth Edition, by Robert Carp, Kenneth Manning, Lisa Holmes, and Jennifer Bowie is a market-leading and comprehensive textbook for both academic and general audiences. The book explains the link between the courts, public policy, and the political environment. Considering the courts from every level, the authors cover judges, lawyers, litigants, and the variables at play in the judicial decision-making process, the impact of those decisions on American citizens, and what the consequences are for the United States today.
 
 
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

For instructors