"I like the fact that this is offered as a paperback, thereby making it more affordable for students. The content is perfect for the first half of my jurisprudence class." — Mark Fierro, Fairleigh Dickinson University
"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
425 pages, $73.95 list
1-4786-3969-5
978-1-4786-3969-5
© 2021
paperback
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Law, Courts, and Justice in America
Eighth Edition
The eighth edition offers an updated and streamlined examination of the American system of law, courts, and justice.
Part I (Law) reviews the history of courts and justice, common law and civil law systems, as well as law schools and legal education. Part II (Courts) discusses lawyers and the practice of law; unravels the structure and administration of federal and state court systems; delineates the appellate process, the Supreme Court, and judicial review; and describes the roles of judges, prosecutors, and criminal defense attorneys. Part III (Justice) demystifies the criminal justice process, negotiated justice, civil justice, juvenile justice, and alternative forms of justice.
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.
Part I (Law) reviews the history of courts and justice, common law and civil law systems, as well as law schools and legal education. Part II (Courts) discusses lawyers and the practice of law; unravels the structure and administration of federal and state court systems; delineates the appellate process, the Supreme Court, and judicial review; and describes the roles of judges, prosecutors, and criminal defense attorneys. Part III (Justice) demystifies the criminal justice process, negotiated justice, civil justice, juvenile justice, and alternative forms of justice.
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.
Reactions
PART I: Law
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
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