Description
Throughout the book, landmark cases, important historical events, illustrative examples, and boxed items highlight or expand chapter content. Each of the twelve chapters concludes with an extensive summary, a list of key terms, and review questions. There is also a glossary that provides a summary of important terms.
“Excellent text. Accessible, yet detailed. Written to the student audience yet sophisticated enough for use in high-level academic work. I very much enjoyed Abadinsky’s approach to describing the relationship between politics and justice, something often overlooked in other texts. This is well done.” — Colin Glennon, East Tennessee State University
“Great text for beginning law students—the best on the market.” — Richard Poland, Flagler College
1. An Introduction to Courts and Justice
Law / Natural Law / Rational Law
2. Common Law and Civil Law Systems
Common Law / Equity / Civil Law Systems / Inquisitorial and Adversarial Justice / Codes of Procedure / Statutory Law
3. Law Schools and Legal Education
Early American Legal Education / Contemporary Legal Education / Stratification of Legal Education / Criticisms of Legal Education / Sociological Jurisprudence and Legal Realism / Critical Legal Studies / Law and Economics
PART II: Courts
4. Lawyers and the Practice of Law
Lawyers in Revolutionary America / Admission to the Bar / Growth of Bar Associations / American Bar Association / Stratification of the Legal Profession
5. The History, Structure, and Administration of the Courts
Law and Courts in Colonial America / The Revolution / Courts After the Revolution / Courts and Justice on the Frontier / Jurisdiction / Diversity Jurisdiction / State Courts / Federal Courts / The Marshall Court / Judicial Administration and Reform / Administrative Reform
6. The Appellate Process, the Supreme Court, and Judicial Review
The Appellate Process / Judicial Review by the U.S. Supreme Court / Legitimacy / Judicial Restraint / Interpreting the Constitution / Interpreting Statutes / Policy Making / Administrative Agencies and Judicial Policy- Making / Implementation of Judicial Decisions
7. Judges, Prosecutors, and Criminal Defense Attorneys
Judges / Selecting Judges / Removing Judges / Prosecutors / Criminal Defense Attorneys
PART III: Justice
8. Criminal Justice
American Criminal Justice / Due Process / Due Process Guarantees / Pretrial Procedures / Rough Justice in the Lower Courts / Felony Cases / The Trial / Sentencing / Probation and Parole / Executive Clemency / Appeals
9. Negotiated Justice
Plea Bargaining / Plea Bargaining: The Process / Legal Issues / Limiting or Abolishing Plea Bargaining
10. Civil Justice
Civil Litigation / The Civil Process / Trial / Judgment / Specialized Courts and Administrative Bodies / Appeals / Torts and the Contingency Fee / Medical Malpractice and “Tort Reform” / Class Action Lawsuits / Legal Aid / Public Interest Law
11. Juvenile Justice
History and Philosophy / Juvenile Court / Juveniles in Criminal Court / Issues of Controversy
12. Alternative Justice
Alternative Dispute Resolution (ADR) / Mediation / Arbitration / Court-Annexed ADR / Community Mediation Movement / Other Means of Dispute Resolution / Criticism of Alterantive Dispute Resolution / Community Courts / Conclusion
Glossary




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