Legal Proceedings (3rd Edition)

Author: (USA) Reynold
Publisher:
Publish Date: 2004-05-01
Features: The judicial process, unlike other branches of law which can be studied through case law or statutes, can only be explored through secondary legal resources such as papers and treatises. This book reveals the American judicial process to readers by introducing how American judges handle cases and analyze them. It begins with the sources of judicial rights and the drafting of judicial documents, focusing on two main parts of the American legal system: common law judgments and statutory law interpretation. Additionally, it covers the creation of constitutional acts and some issues related to trials. The book consists of six chapters: Chapter Introduction, Chapter 2 on the Sources of Court Power, Chapter 3 on the Art of Judges, Chapter 4 on Common Law Trials, Chapter 5 on Statutory Law Interpretation, and Chapter 6 on Constitutional Interpretation. However, the entire book primarily focuses on three main aspects: legal interpretation, the art of judges, and common law trials. In any country, interpreting the law is an important task for judges, but it is particularly significant for American judges. The appellate courts in the United States generally do not review facts but only legal issues, and sometimes trial courts also focus solely on legal matters, with juries supervising the fact-finding under the judge's guidance. Furthermore, the U.S. Constitution is not just a symbol; judges can directly apply constitutional provisions or precedents as the basis for their rulings. This practice has been adopted by mainstream countries worldwide, as seen in the European Court of Human Rights, which directly cites international treaties when adjudicating cases.