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The American Jury System

Author: Randolph N. Jonakait
Publisher: Yale University Press
ISBN: 9780300129403
Size: 32.12 MB
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How are juries selected in the United States? What forces influence juries in making their decisions? Are some cases simply beyond the ability of juries to decide? How useful is the entire jury system? In this important and accessible book, a prominent expert on constitutional law examines these and other issues concerning the American jury system. Randolph N. Jonakait describes the historical and social pressures that have driven the development of the jury system; contrasts the American jury system to the legal process in other countries; reveals subtle changes in the popular view of juries; examines how the news media, movies, and books portray and even affect the system; and discusses the empirical data that show how juries actually operate and what influences their decisions. Jonakait endorses the jury system in both civil and criminal cases, spelling out the important social role juries play in legitimizing and affirming the American justice system.

The Origins Of Reasonable Doubt

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 9780300116007
Size: 14.56 MB
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To be convicted of a crime in the United States, a person must be proven guilty “beyond a reasonable doubt.” But what is reasonable doubt? Even sophisticated legal experts find this fundamental doctrine difficult to explain. In this accessible book, James Q. Whitman digs deep into the history of the law and discovers that we have lost sight of the original purpose of “reasonable doubt.” It was not originally a legal rule at all, he shows, but a theological one. The rule as we understand it today is intended to protect the accused. But Whitman traces its history back through centuries of Christian theology and common-law history to reveal that the original concern was to protect the souls of jurors. In Christian tradition, a person who experienced doubt yet convicted an innocent defendant was guilty of a mortal sin. Jurors fearful for their own souls were reassured that they were safe, as long as their doubts were not “reasonable.” Today, the old rule of reasonable doubt survives, but it has been turned to different purposes. The result is confusion for jurors, and a serious moral challenge for our system of justice.

American Civil Procedure

Author: Geoffrey C. Hazard
Publisher: Yale University Press
ISBN: 9780300065046
Size: 64.66 MB
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View: 1978
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From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This book describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to 'declare' it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in - preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.

A Man S Place

Author: John Tosh
Publisher: Yale University Press
ISBN: 9780300123623
Size: 15.36 MB
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Based on family records and didactic texts, this book reconstructs how men of the Victorian middle class experienced the demands of an exacting domestic code, and how they negotiated its contradictions.

Trial Tactics And Methods

Author: Robert E. Keeton
Publisher:
ISBN: 9780758159489
Size: 59.15 MB
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This text for law students gives a comprehensive discussion of the recurring questions of trial practice. Illustrative cases are used to raise issues and offer suggested answers. Rules and suggestions for effective trial advocacy, including ethical considerations

Education S End

Author: Anthony T. Kronman
Publisher: Yale University Press
ISBN: 0300138164
Size: 16.62 MB
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This book describes the ever-escalating dangers to which Jewish refugees and recent immigrants were subjected in France and Italy as the Holocaust marched forward. Susan Zuccotti uncovers a gruelling yet complex history of suffering and resilience through historical documents and personal testimonies from members of nine central and eastern European Jewish families, displaced to France in the opening years of the Second World War. The chronicle of their lives reveals clearly that these Jewish families experienced persecution of far greater intensity than citizen Jews or longtime resident immigrants. The odyssey of the nine families took them from hostile Vichy France to the Alpine village of Saint-Martin-Vesubie and on to Italy, where German soldiers rather than hoped-for Allied troops awaited. Those who crossed over to Italy were either deported to Auschwitz or forced to scatter in desperate flight. Zuccotti brings to light the agonies of the refugees' unstable lives, the evolution of French policies toward Jews, the reasons behind the flight from the relative idyll of Saint-Martin-Vesubie, and the choices that confronted those who arrived in Italy. Powerful archival evidence frames this history, while firsthand reports underscore the human cost of the nightmarish years of persecution.

Origins Of The Bill Of Rights

Author: Leonard Williams Levy
Publisher: Yale University Press
ISBN: 9780300089011
Size: 60.17 MB
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In this history of the origins of the Bill of Rights, Pulitzer Prize-winning historian Leonard W. Levy offers a panoramic view of the liberties secured by the first ten amendments to the Constitution. Levy illuminates the behind-the-scenes maneuverings, public rhetoric, and political motivations of James Madison and others who overcame fierce opposition to ensure the ratification of these crucial liberties.

My Life In Court

Author: Louis Nizer
Publisher: Pickle Partners Publishing
ISBN: 178720264X
Size: 37.46 MB
Format: PDF, Docs
View: 1908
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In this electrifying bestseller, the shrewd and voluble trial lawyer Louis Nizer, who made a long career of representing famous people in famous cases, recounts some of his significant civil and criminal cases. Nizer rose to national fame with his real-life accounts of tension-filled courtrooms and the fervor of the advocate, and “My Life in Court” proved to be no exception: it rose to the top of the Times’s best-seller list on its publication in 1961 and logged 72 weeks as a sales leader. The book is an in-depth collection of some of Mr. Nizer’s court case success stories, including his client Quentin Reynolds’ famous libel action against the columnist Westbrook Pegler, which would also become the basis of the 1963 Broadway play “A Case of Libel.” Praised by critics as “entertaining and philosophically instructive, an unusual combination,” Nizer’s movie-like plots of real-life courtroom drama will keep you captivated until the very last page.

Regulation By Litigation

Author: Andrew P. Morriss
Publisher: Yale University Press
ISBN: 0300120028
Size: 59.47 MB
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"Examines three major cases in which litigation was used to achieve regulatory ends: the EPA's suit against heavy duty diesel engine manufacturers; asbestos and silica dust litigation by private attorneys; and private and state lawsuits against cigarette manufacturers"--Provided by publisher.

American Civil Procedure

Author: Geoffrey C. Hazard
Publisher: Yale University Press
ISBN: 9780300065046
Size: 77.73 MB
Format: PDF
View: 3302
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From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This book describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to 'declare' it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in - preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.