CONSTITUTIONAL COURTS OF THE UNITED STATES - THE FORMAL AND INFORMAL RELATIONSHIPS BETWEEN THE DISTRICT COURTS, THE COURTS OF APPEALS, AND THE SUPREME COURT OF THE U.S. (UNITED STATES)

• NCJ Number: 59540
• Author(s): S T EARLY
• Date Published: 1977
• Length: 196 pages
• Corporate Author: Littlefield, Adams and Co
• Sale Source: Littlefield, Adams and Co
• Language: English
• Country: United States of America

Annotation

THIS BOOK PROVIDES AN OVERVIEW OF THE FEDERAL COURT SYSTEM (DISTRICT COURTS, COURTS OF APPEALS, AND THE SUPREME COURT) AND SHOWS, IN THEORY AND IN PRACTICE, HOW THE AMERICAN SYSTEM OF JUSTICE OPERATES.

Abstract

IN A NONTECHNICAL LOOK AT THE INTERACTIONS AMONG THESE COURTS, THE BOOK IDENTIFIES SIGNIFICANT FACTORS THAT INFLUENCE RELATIONSHIPS AMONG COURTS AND APPRAISES THEIR IMPACT UPON JUDICIAL STRUCTURE AND OPERATION. THE STUDY SHOWS THAT THE FEDERAL COURTS DO NOT FORM A SINGLE, COHESIVE, CENTRALLY DIRECTED SYSTEM, ALL PARTS OF WHICH FUNCTION IN SYNCHRONY. THUS, WHILE COURTS ARE RELATED TO EACH OTHER, THEY RARELY ALL ACT IN CONCERT. THE BOOK EXPLORES NOT ONLY THE WAYS IN WHICH THE NATIONAL COURT SYSTEM FUNCTIONS, BUT ALSO THE WAYS IN WHICH ITS COMPONENTS MAINTAIN SOME AUTONOMONY. THE BOOK EXAMINES INSTITUTIONAL FEATURES (SUCH AS NUMBER AND TYPES OF COURTS, THEIR JURISDICTION AND PROCEDURAL RULES, THEIR FUNCTIONS AND OFFICERS), BUT STRESSES THAT THE INFORMAL AND HUMAN ASPECTS OF COURT OPERATION ARE ALSO EXTREMELY IMPORTANT. PRINCIPAL EMPHASIS IS GIVEN TO THE INFERIOR COURTS AND TO THE INFORMAL INFLUENCES AFFECTING OPERATION OF THE JUDICIAL PROCESS. THE APPROACH IS ECLECTIC, BORROWING FROM HISTORICAL, BEHAVIORAL, LEGAL, INSTITUTIONAL, AND OTHER APPROACHES. AN INDEX IS INCLUDED. (MJW)