Pretrial Discovery and the Adversary System

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Author :
Publisher : Russell Sage Foundation
ISBN 13 : 1610446321
Total Pages : 317 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Pretrial Discovery and the Adversary System by : William A. Glaser

Download or read book Pretrial Discovery and the Adversary System written by William A. Glaser and published by Russell Sage Foundation. This book was released on 1968-12-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.

Model Rules of Professional Conduct

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

American Civil Procedure

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Author :
Publisher : Yale University Press
ISBN 13 : 9780300065046
Total Pages : 244 pages
Book Rating : 4.0/5 (65 download)

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Book Synopsis American Civil Procedure by : Geoffrey C. Hazard

Download or read book American Civil Procedure written by Geoffrey C. Hazard and published by Yale University Press. This book was released on 1995-08-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.

The Problem of Discovery in Criminal Cases

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Author :
Publisher :
ISBN 13 :
Total Pages : 78 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Problem of Discovery in Criminal Cases by : Joint Committee on Continuing Legal Education (U.S.)

Download or read book The Problem of Discovery in Criminal Cases written by Joint Committee on Continuing Legal Education (U.S.) and published by . This book was released on 1961 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Adversarial Legalism

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674039270
Total Pages : 353 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis Adversarial Legalism by : Robert A. KAGAN

Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.

Complex Litigation and the Adversary System

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Author :
Publisher : West Publishing Company
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Complex Litigation and the Adversary System by : Jay Tidmarsh

Download or read book Complex Litigation and the Adversary System written by Jay Tidmarsh and published by West Publishing Company. This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law school level coursebook on complex litigation and the adversary system. The book examines the four ways in which cases can be complex: joinder issues, pretrial issues, trial issues, and remedial issues. The book challenges the reader to consider whether the prevailing doctrines in these areas are consistent with modern adversarial theory, with the aspirations of our system of justice, and with a democratic system's constraints on judicial power. One volume.

Adversarial Legalism

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Author :
Publisher : Harvard University Press
ISBN 13 : 0674242688
Total Pages : 433 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Adversarial Legalism by : Robert A. Kagan

Download or read book Adversarial Legalism written by Robert A. Kagan and published by Harvard University Press. This book was released on 2019-10-08 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first edition of this groundbreaking book, Robert Kagan explained why America is much more adversarial—likely to rely on legal threats and lawsuits—than other economically advanced countries, with more prescriptive laws, more costly adjudications, and more severe penalties. This updated edition also addresses the rise of the conservative legal movement and anti-statism in the Republican party, which have put in sharp relief the virtues of adversarial legalism in its ability to empower citizens, lawyers, and judges to mount challenges to the arbitrary or unlawful exercise of government authority. “This is a wonderful piece of work, richly detailed and beautifully written. It is the best, sanest, and most comprehensive evaluation and critique of the American way of law that I have seen. Every serious scholar concerned with justice and efficiency, and every policymaker who is serious about improving the American legal order, should read this trenchant and exciting book.” —Lawrence Friedman, Stanford University “A tour de force. It is an elegantly written, consistently insightful analysis and critique of the American emphasis on litigation and punitive sanctions in the policy and administrative process.” —Charles R. Epp, Law and Society Review

The Search for Truth

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Author :
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Search for Truth by : Marvin E. Frankel

Download or read book The Search for Truth written by Marvin E. Frankel and published by . This book was released on 1975 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamentals of Pretrial Litigation

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 820 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fundamentals of Pretrial Litigation by : Roger S. Haydock

Download or read book Fundamentals of Pretrial Litigation written by Roger S. Haydock and published by West Academic Publishing. This book was released on 2007 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Sixth Edition includes the latest developments in pretrial practice while retaining the best selling features of previous editions. Law professors and students who use this book praise its comprehensive coverage, thorough analysis of rules and procedures, balanced presentation of theories and skills, enjoyable writing style, and helpful questions and problems. This new edition enhances those features. This book reflects 21st century practice with the growing use of electronic discovery exchange and court orders, the expanded use of pre-hearing discovery and motions in arbitrations and administrative hearings, and new procedural rule and case law developments across the spectrum of pretrial practice. New case problems are also included to reflect these changes.

Social Research in the Judicial Process

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Author :
Publisher : Russell Sage Foundation
ISBN 13 : 9781610443678
Total Pages : 816 pages
Book Rating : 4.4/5 (436 download)

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Book Synopsis Social Research in the Judicial Process by : Wallace D. Loh

Download or read book Social Research in the Judicial Process written by Wallace D. Loh and published by Russell Sage Foundation. This book was released on 1984-09-17 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How to inform the judicial mind," Justice Frankfurter remarked during the school desegregation cases, "is one of the most complicated problems." Social research is a potential source of such information. Indeed, in the 1960s and 1970s, with activist courts at the forefront of social reform, the field of law and social science came of age. But for all the recent activity and scholarship in this area, few books have attempted to create an intellectual framework, a systematic introduction to applied social-legal research. Social Research in the Judicial Process addresses this need for a broader picture. Designed for use by both law students and social science students, it constructs a conceptual bridge between social research (the realm of social facts) and judicial decision making (the realm of social values). Its unique casebook format weaves together judicial opinions, empirical studies, and original text. It is a process-oriented book that teaches skills and perspectives, cultivating an informed sensitivity to the use and misuse of psychology, social psychology, and sociology in apellate and trial adjudication. Among the social-legal topics explored are school desegregation, capital punishment, jury impartiality, and eyewitness identification. This casebook is remarkable for its scope, its accessibility, and the intelligence of its conceptual integration. It provides the kind of interdisciplinary teaching framework that should eventually help lawyers to make knowledgeable use of social research, and social scientists to conduct useful research within a legally sophisticated context.

Adversarial Justice

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Author :
Publisher : Algora Publishing
ISBN 13 : 0875865291
Total Pages : 222 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis Adversarial Justice by : Theodore L. Kubicek

Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.

Crime, Law and Society

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Author :
Publisher : Routledge
ISBN 13 : 1351570641
Total Pages : 556 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Crime, Law and Society by : MalcolmM. Feeley

Download or read book Crime, Law and Society written by MalcolmM. Feeley and published by Routledge. This book was released on 2017-07-05 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Malcolm Feeley‘s work is well-known to scholars around the world and has influenced two generations of criminologists and legal scholars. He has written extensively on crime and the legal process and has published numerous articles in law, history, social science and philosophy journals; two of his books, The Process is the Punishment and Court Reform on Trials, have won awards. This volume brings together many of his better-known articles and essays, as well as some of his lesser-known but nevertheless important contributions, all of which share the common theme of the value of the rule of law, albeit a more sophisticated concept than is commonly embraced. The selections also reveal the full range of his interests and the way in which his research interests have developed.

Reading the Landscape of Disputes

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Author :
Publisher :
ISBN 13 :
Total Pages : 146 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Reading the Landscape of Disputes by : Marc Galanter

Download or read book Reading the Landscape of Disputes written by Marc Galanter and published by . This book was released on 1983 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Hitler's Justice

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Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Hitler's Justice by : Ingo Müller

Download or read book Hitler's Justice written by Ingo Müller and published by . This book was released on 1991 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?

The New Palgrave Dictionary of Economics and the Law

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Author :
Publisher : Springer
ISBN 13 : 1349741736
Total Pages : 696 pages
Book Rating : 4.3/5 (497 download)

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Book Synopsis The New Palgrave Dictionary of Economics and the Law by : NA NA

Download or read book The New Palgrave Dictionary of Economics and the Law written by NA NA and published by Springer. This book was released on 2016-04-30 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal of economics is about law - the functioning of markets, property rights and their enforcement, financial obligations, and so forth - yet these legal aspects are almost never addressed in the academic study of economics. Conversely, the study and practice of law entails a significant understanding of economics, yet the drafting and administration of laws often ignore economic principle. The New Palgrave Dictionary of Economics and the Law is uniquely placed by the quality, breadth and depth of its coverage to address this need for building bridges. Drawn from the ranks of academics, professional lawyers, and economists in eight countries, the 340 contributors include world experts in their fields. Among them are Nobel laureates in economics and eminent legal scholars. First published in 1998 and now available in paperback for the first time, The New Palgrave Dictionary of Economics and the Law has established itself as a classic reference work in this important field.

Criminal Discovery

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Author :
Publisher : Institute of Criminology
ISBN 13 : 9780975196779
Total Pages : 302 pages
Book Rating : 4.1/5 (967 download)

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Book Synopsis Criminal Discovery by : Cosmas Moisidis

Download or read book Criminal Discovery written by Cosmas Moisidis and published by Institute of Criminology. This book was released on 2008 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.

International Civil Litigation in United States Courts

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543847439
Total Pages : 1498 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis International Civil Litigation in United States Courts by : Gary B. Born

Download or read book International Civil Litigation in United States Courts written by Gary B. Born and published by Aspen Publishing. This book was released on 2022-07-09 with total page 1498 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.