用户登陆搜 索 |
查看图书
图书目录:TABLES, CHARTS, AND FIGURES xv
1. INTRODUCTION: THE LAW AND THE COURTS The Nature of Law Positive and Natural Law Common Law and Statutory, Law Common Law Equity Statutory Law Mixing Common and Statutory Law Some Additional Legal Definitions and Concepts CiVil and Criminal Law 2. STAFFING THE COURTS Selection The Two Chief Methods A Compromise? Tenure of Office The United States Britain France Qualifications and Motivations: The United States Basic Prerequisites Judicial Experience and Its Absence The Justices in Composite Motives that Underlie Appointments xii Contents "Packing the Court" and the Nominees' "Real" Politics On the Role of the U.S. Senate Qualifications and Experience: The Special Cases of England and France England France 3. COURTS, COURTROOMS, AND JURIES Types of Courts: Trial and Appellate Trial Courts Appellate Courts Courtroom Procedure: General Innocent Until Proved Guilty: The Aecusatorial Procedure Guilty Until Proved Innocent: The Inquisitorial Procedure Vox Dei or Vox Populi in Action: The Juries The Grand LuV The Trial or Petit Jury Selection and Impaneling of Juries The Trial ]ury at Work Instructing the Jury: The Judge's Charge juries: Blessing or Evil? From Offense to Trial: A Procedural Note Procedure in Civil Cases Procedure in Criminal Cases 4. COURTS AT HOME: I--THE LESSER TRIBUNALS A Dual System of Courts The State Courts The Justice of the Peace The Municipal Court The County Court The Intermediate Court of Appeals The Final Court of Appeals The Federal Courts The Federal Legislative Courts Ex-Legislative "Special" Constitutional Courts The Federal Constitutional Courts Administering the Federal ]udiciaV 5. COURTS AT HOME: II--THE SUPREME COURT At the Zenith: The U.S. Supreme Court Original Rurisdiction Appellate Jurisdiction Writs of Review Workload The U.S. Supreme Court at Work Oral Argument Behind Closed Doors Assigning and Writing Opinions Opinion Day(s) 240 Compliance 247 Outside Influences on Court Personnel Legal Periodicals Social Science Data Test Cases The BrieF Amicus Curiae The Law Clerks 6. COURTS ABROAD The Courts of England and Wales The Criminal Courts' Hierarchy The Civil Courts' Hierarchy The Courts of France Two Major Divisions The Ordinary or Regular Courts' Hierarchy Administrative Tribunals Generally The French Administrative Courts 7. JUDICIAL REVIEW: I--THE SUPREME POWER Defining Judicial Review Judicial Review Abroad Britain France Some Other Special Constitutional Tribunals A Historical Note Judicial Review at Home Further Historical Roots Spelling It Out: Marbury v. Madison 8. JUDICIAL REVIEW: II--CONTROVERSY AND LIMITATIONS Judicial Review in a Democratic State: Saint or Sinner? Invoking Authority Drawing the Line--Or Attempting to Do So Judicial Legislating Judges Limited: The Taught Tradition of the Law Stare Decisis Other Limitations on Judicial Power and Effectiveness Reversing the Court Policy Formulations and Considerations Compliance and Enforcement MachtkamFDF. The Supreme Court in the Political Power Struggle 9. CODA: A REALISTIC BULWARK The Sixteen Great Maxims of Judicial Self- Restraint The Bulwark APPENDIXES A. Members of the Supreme Court of the United States B. Table of Succession of the Justices of the Supreme Court of tile United States BIBLIOGRAPHICAL NOTE INDEXES I. General Subject Index II. Name Index III. Court Cases Index |