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The American Jury System

Author: Randolph N. Jonakait
Publisher: Yale University Press
ISBN: 9780300129403
Size: 34.10 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.

American Civil Procedure

Author: Geoffrey C. Hazard
Publisher: Yale University Press
ISBN: 9780300065046
Size: 29.78 MB
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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: 74.34 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.

The Origins Of Reasonable Doubt

Author: James Q. Whitman
Publisher: Yale University Press
ISBN: 9780300116007
Size: 11.17 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.

My Life In Court

Author: Louis Nizer
Publisher: Ravenio Books
ISBN:
Size: 21.93 MB
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“The layman’s impression of a trial frequently comes from stage, motion picture, and television sources, which, while invariably exciting, are a pale simulation of a real trial. My quarrel with these presentations is not that they are technically incorrect, but that they are substantially inadequate. They lack emotional authenticity. They tend to become stereotyped. Their falsity largely defeats their authors’ purpose because the excitement, surprise, and meaningfulness of a real court contest are incomparable and elude imagination. In fictional court scenes one sharp contradiction often breaks the witness, who then hysterically screams a confession. In real life the witness’s fortitude in the face of exposure is as remarkable as a human body’s resistance to incredible torment. The need to survive creates desperation, and desperation makes possible survival. This circle of determination is not easily broken, and in the succeeding pages one will find dozens of entrapments and startling contradictions, leaving the witness no retreat and compelling him to admit his error. Yet he continues to fight back and clutch for the remote chance that the tide will turn and he will not go under. Sometimes, it does, and the bizarre developments that bring it about are also beyond inventiveness. This gruesome struggle exceeds the artificial concept of authors of what constitutes court drama in the same way that true human experience in any sphere exceeds the patterned concept of some fiction.” This gripping legal classic is organized as follows: Prologue: Opening the Green Doors 1. Reputation: The Libel Case of Quentin Reynolds vs. Westbrook Pegler 2. Divorce: The “War of the Roses” and Others 3. Talent: The Case of the Plagiarized Song “Rum and Coca-Cola” 4. Honor: Issue of Nazism in America 5. Life and Limb: Two Cases of Negligence 6. Proxy Battle: The Struggle Over Loew’s

Origins Of The Bill Of Rights

Author: Leonard Williams Levy
Publisher: Yale University Press
ISBN: 9780300089011
Size: 52.59 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.

Jury Duty Reclaiming Your Political Power And Taking Responsibility

Author: Michael Singer
Publisher: ABC-CLIO
ISBN: 144080270X
Size: 66.56 MB
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Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year.

Evidence Law Adrift

Author: Mirjan R. Damaška
Publisher: Berghahn Books
ISBN: 9780300069372
Size: 43.40 MB
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Examines how legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted and presented to the courts. The text considers the significance of the divided tribunal, the concentrated character of trials and the role of the parties in adjudication.

The Yale Law Journal

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Publisher:
ISBN:
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The Yale Law Journal publishes scholarly articles and essays covering a broad range of legal and law-related topics. The Journal also includes case notes and book reviews.