The American Judiciary

The American Judiciary

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Title: The American Judiciary
Author: Simeon E. Baldwin, LLD
Release Date: August, 2005 [EBook #8691] [Yes, we are more than one year ahead of schedule] [This file was first posted on August 1, 2003]
Edition: 10
Language: English
Character set encoding: ISO-8859-1
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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.
* * * * *
TABLE OF CASES
Ableman v. Booth Allinson, Hale v. American Insurance Co. v. Canter Ames v. Kansas Ames, Smyth v. Andrews, Ex parte Anthes, Commonwealth v.
Bachert v. Lehigh Coal and Navigation Co. Baldwin, Robertson v. Bank, Bardes v. Bank of Kentucky, Briscoe v. Bank of Mississippi v. Duncan Bank of the U. S., Osborn v. Bardes v. Bank Barrows v. Bell Batchelder v. Moore Baxter v. Brooks Baxter, State v. Bean v. Beckwith Bean, Beckwith v. Beckham, Taylor v. Beckwith v. Bean Beckwith, Bean v. Bell, Barrows v. Bell's Gap R. R. Co., McCloskey v. Bernard, Coggs v. Biddle, Green v. Bidwell, Downes v. Bissell v. Dickerson Blacker, Board of Supervisors v. Blair v. Williams Blake v. McClung Board of Supervisors v. Blacker Bodley v. Gaither Boffman, Hickman v. Bonham's case Booth v. Clark Booth, Ableman v. Borden, Luther v. Bowman v. Middleton Boyd v. Thayer Boyd v. U. S. Bradburn, Mincey v. Bradley v. Fisher Bradley v. New Haven Bradley, Ex parte Brainerd, Fitch v. Branch, In re Brashears, Lapsley v. Briggs v. Garrett Brine v. Insurance Co. Briscoe v. Bank of Kentucky Brooks v. State Brooks, Baxter v. Brown, Kellogg v. Brown, Parkersburg v. Bulkley, State v. Bull, Calder v. Burgess v. Seligman Burr's Trial Burrows, Nudd v. Bush, Perry v. Bushnell, Ex parte
Calder v. Bull California, Hurtado v. Call Publishing Co., Western Union Telegraph Co. v. Calvin v. Huntley Canfield v. Mitchell Canter, American Insurance Co. v. Carriere, Tua v. Cherokee Nation v. Georgia, Chisholm v. Georgia Christmas v. Russell Church v. Pearne City of South Bend v. Turner Claflin v. Houseman Clark, Booth v. Clarke's Appeal Cleveland, Painesville and Eastern R. R. Co., v. Pritschau Clymer, Norris v. Cochran, Gernon v. Coffin v. United States Coggs v. Bernard Cohens v. Virginia Coleman v. Tennessee Coler v. Tacoma Railway and Power Co. Colt, Stanley v. Commonwealth v. Anthes Conn. Pipe Mfg. Co., Ward v. Consul of Spain v. Consul of Great Britain Cooper, Application of Cooper, In re Cooper, In the matter of Copass, Hall-Moody Institute v. Croswell, People v. Cunningham, State v.
Danbury, Hoyt v. Dartmouth College v. Woodward Debs, U. S. v. Debs, In re Delaware, Lackawanna and Western R. R. Co., Forepaugh v. Demorest, Hutkoff,