Wednesday, November 21, 2012

How would you summarize chapter 3 of William Miller's A Primer of American Courts? What are some key points?

A Primer on American Courts is a nonfiction book written by William Miller. The book was published in 2004. As the title suggests, the book is a "primer" or simplified introduction to the United States judicial system.
Chapter 3 of A Primer on American Courts is titled "Litigation." The chapter's sub-topics include: civil cases and criminal cases; civil procedure; criminal procedure; appellate procedure; expedited consideration of constitutional issues, and the chapter's conclusion.
Miller discusses the different types of litigation, such as civil and criminal cases. The majority of the chapter details the court procedures of these types of litigation. Miller also discusses the funnel effect, stating that "a lot of cases go into the system, but few proceed to trial and judgment."
Although Miller describes the actual court procedures—such as those for criminal cases—he also notes that few civil and criminal cases go through a majority of the applicable procedural steps.
Miller cites verified data to illustrate concepts like the funnel effect and to show examples of the various litigation types. For example, Miller cites data by the National Center for State Courts to show the numerical figures of funnel effect. In 2003, over 323,000 criminal and civil cases were filed in district courts, but only 2.5% made it to trial.
Before concluding the chapter, Miller also discussed constitutional issues with litigation. He also included relevant case studies to articulate such issues to the reader, for instance pertaining to abortion, which is legal on a federal level, but could be illegal according to state law.

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