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The U.S. federal court system features 13 appellate courts, 12 U.S. Courts of Appeals and the U.S. Court of Appeals for the Federal Circuit. Readers will learn about the Courts of Appeals, where judges review District Court rulings and procedures. In these courts, lawyers debate whether or not a ruling should be overturned. Was the correct law applied? Was the trial conducted fairly? Most importantly, was the decision constitutional? This book uses real-life examples of some of the most famous cases in history to educate readers about what an appeal is and why it is an important part of the justice system.
Drawing on economic and political theory, legal analysis, and his own extensive judicial experience, Posner sketches the history of the federal courts, describes the contemporary institution, appraises concerns that have been expressed with their performance, and presents a variety of proposals for both short-term and fundamental reform.
This sophisticated but easy to understand exposition of the standards of review offers an invaluable resource for law students, law clerks, and practitioners. Decisions of the U.S. Courts of Appeals invariably are shaped by the applicable standards of review. Filling a huge gap in the literature, Standards of Review masterfully explains the standards controlling appellate review of district court decisions and agency actions. Leading academics have described the text as a superb treatment, clear and comprehensive, of a crucial aspect of every appellate case, that makes accessible even the most complex doctrines of review.
Federal Judicial System; Judicial Power of the United States; Federal Question; Diversity, of Citizenship; Jurisdictional Amount; Removal Jurisdiction and Procedure; Venue; Relations of State and Federal Courts; Law Applied by Federal Courts; Procedure in District Courts (Introduction; Process; Pleadings; Joinder of Claims and Parties; Discovery; Trials; Judgment); Appellate Jurisdiction of the Courts of Appeals; Appellate Jurisdiction of Supreme Court; Original Jurisdiction of Supreme Court.
Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges in making law and policy; and third, how can quality judicial decisions be maintained under heavy-volume pressure. Originally published in 1981. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Covers: perceived threats to COA, the work of the COA, effects of caseload volume, proposals for structural change and more. 5 appendices. Charts and graphs.