The American Judiciary

The American Judiciary

Project Gutenberg's The American Judiciary, by Simeon E. Baldwin,
LLD Copyright laws are changing all over the world. Be sure to check
the copyright laws for your country before downloading or
redistributing this or any other Project Gutenberg eBook.
This header should be the first thing seen when viewing this Project
Gutenberg file. Please do not remove it. Do not change or edit the
header without written permission.
Please read the "legal small print," and other information about the
eBook and Project Gutenberg at the bottom of this file. Included is
important information about your specific rights and restrictions in how
the file may be used. You can also find out about how to make a
donation to Project Gutenberg, and how to get involved.
**Welcome To The World of Free Plain Vanilla Electronic Texts**
**eBooks Readable By Both Humans and By Computers, Since
1971**
*****These eBooks Were Prepared By Thousands of
Volunteers!*****
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
*** START OF THE PROJECT GUTENBERG EBOOK THE
AMERICAN JUDICIARY ***

Produced by Charles Aldarondo, Tiffany Vergon, Michael Kaelbling,
Charles Franks and the Online Distributed Proofreading Team

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