The American Judiciary

Baldwin, Simeon E., LLD, 1840-1927

English

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THE
AMERICAN JUDICIARY

BY

SIMEON E. BALDWIN, LL.D.





CONTENTS


PART

CASES CITED.

I. THE NATURE AND SCOPE OF THE JUDICIAL POWER IN THE UNITED
STATES.

II. THE ORGANIZATION AND PRACTICAL WORKING OF AMERICAN COURTS.


_PART I_


CHAPTER

I. ENGLISH ORIGIN AND EARLY DEVELOPMENT OF THE AMERICAN
JUDICIARY.

II. THE SEPARATION OF THE JUDICIAL POWER FROM THE LEGISLATIVE
AND EXECUTIVE IN AMERICAN CONSTITUTIONS.

III. THE RELATIONS OF THE JUDICIARY TO THE POLITICAL
DEPARTMENTS OF GOVERNMENT.

IV. THE FORCE OF JUDICIAL PRECEDENTS.

V. THE JUDICIAL POWER OF DEVELOPING UNWRITTEN LAW.

VI. THE JUDICIAL POWER OF INTERPRETING AND DEVELOPING WRITTEN
LAW.

VII. THE JUDICIAL POWER OF DECLARING WHAT HAS THE FORM OF LAW
NOT TO BE LAW.


_PART II_


VIII. THE ORGANIZATION OF THE COURTS OF THE STATES.

IX. THE ORGANIZATION OF THE COURTS OF THE UNITED STATES.

X. RELATIONS OF THE STATE JUDICIARY TO THE UNITED STATES,
AND OF THE UNITED STATES JUDICIARY TO THE STATES.

XI. RELATIONS BETWEEN THE COURTS OF DIFFERENT STATES.

XII. TRIAL BY JURY.

XIII. FORMALITIES IN JUDICIAL PROCEDURE.

XIV. TRIAL COURTS FOR CIVIL CAUSES.

XV. PROBATE COURTS.

XVI. BANKRUPTCY AND INSOLVENCY COURTS.

XVII. CRIMINAL PROCEDURE.

XVIII. THE EXERCISE OF JUDICIAL FUNCTIONS OUT OF COURT.

XIX. APPELLATE COURTS.

XX. THE ENFORCEMENT OF JUDGMENTS AND PUNISHMENT OF CONTEMPTS
OF COURT.

XXI. JUDICIAL PROCEEDINGS IN TERRITORIES SUBJECT TO MARTIAL
LAW.

XXII. APPOINTMENT, TENURE OF OFFICE AND COMPENSATION OF JUDGES.

XXIII. THE CHARACTER OF THE BAR AND ITS RELATIONS TO THE BENCH.

XXIV. THE LAW'S DELAYS.

XXV. THE ATTITUDE OF THE PEOPLE TOWARDS THE JUDICIARY.

INDEX.