The American Judiciary

Table of contents

• Title Page iii
• Contents v
• Table of Cases vii
• Part I - The Nature and Scope of the Judicial Power in the United States 1
• Chapter II - The Separation of the Judicial Power from the Legislative and Executive in American Constitutions 18
• Chapter III - The Relations of the Judiciary to the Political Departments of Government 27
• Chapter IV - The Force of Judicial Precedents 54
• Chapter V - The Judicial Power of Developing Unwritten Law 72
• Chapter VI - The Judicial Power of Interpreting and Developing Written Law 81
• Chapter VII - The Judicial Power of Declaring What Has the Form of Law Not to Be Law 98
• Part II - The Organization and Practical Working of American Courts 123
• Chapter IX - The Organization of the Courts of the United States 137
• Chapter X - Relations of the State Judiciary to the United States and of the United States Judiciary to the States 152
• Chapter XI - Relations Between the Courts of Different States 174
• Chapter XII - Trial by Jury 184
• Chapter XIII - Formalities in Judicial Procedure 197
• Chapter XIV - Trial Courts for Civil Causes 201
• Chapter XV - Probate Courts 215
• Chapter XVI - Bankruptcy and Insolvency Courts 220
• Chapter XVII - Criminal Procedure 226
• Chapter XVIII - The Exercise of Judicial Functions Out of Court 252
• Chapter XIX - Appellate Courts 255
• Chapter XX - The Enforcement of Judgments and Punishment of Contempts of Court 286
• Chapter XXI - Judicial Proceedings in Territory Subject to Martial Law 299
• Chapter XXII - Appointment, Tenure of Office and Compensation of Judges 311
• Chapter XXIII - The Character of the Bar and Its Relations to the Bench 344
• Chapter XXIV - The Law's Delays 365
• Chapter XXV - The Attitude of the People Toward the Judiciary 374
• Index 387

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