On Civil Procedure

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Publisher : Cambridge University Press
ISBN 13 : 0521584191
Total Pages : 444 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis On Civil Procedure by : J. A. Jolowicz

Download or read book On Civil Procedure written by J. A. Jolowicz and published by Cambridge University Press. This book was released on 2000-02-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Federal Rules of Court

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Publisher :
ISBN 13 : 9781663319005
Total Pages : pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Federal Rules of Court by :

Download or read book Federal Rules of Court written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transformation of Civil Justice

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Publisher : Springer
ISBN 13 : 3319973584
Total Pages : 412 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Transformation of Civil Justice by : Alan Uzelac

Download or read book Transformation of Civil Justice written by Alan Uzelac and published by Springer. This book was released on 2018-09-03 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

Rebooting Justice

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Publisher : Encounter Books
ISBN 13 : 1594039348
Total Pages : 198 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Rebooting Justice by : Benjamin H. Barton

Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.

Reforming Civil Procedure

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925929
Total Pages : 275 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Reforming Civil Procedure by : Dominic De Saulles

Download or read book Reforming Civil Procedure written by Dominic De Saulles and published by Bloomsbury Publishing. This book was released on 2019-05-16 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.

English Civil Justice after the Woolf and Jackson Reforms

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Publisher : Cambridge University Press
ISBN 13 : 1107051665
Total Pages : 283 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis English Civil Justice after the Woolf and Jackson Reforms by : John Sorabji

Download or read book English Civil Justice after the Woolf and Jackson Reforms written by John Sorabji and published by Cambridge University Press. This book was released on 2014-06-26 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.

Model Rules of Professional Conduct

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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.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

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Publisher : Springer Science & Business Media
ISBN 13 : 331903443X
Total Pages : 262 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems by : Alan Uzelac

Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Michigan Court Rules

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Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Justice Reconsidered

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Publisher : NYU Press
ISBN 13 : 1479811971
Total Pages : 297 pages
Book Rating : 4.4/5 (798 download)

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Book Synopsis Civil Justice Reconsidered by : Steven P. Croley

Download or read book Civil Justice Reconsidered written by Steven P. Croley and published by NYU Press. This book was released on 2017-08-22 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia

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Publisher :
ISBN 13 : 9781668434895
Total Pages : 288 pages
Book Rating : 4.4/5 (348 download)

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Book Synopsis Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia by : Nelson F. Kofie

Download or read book Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia written by Nelson F. Kofie and published by . This book was released on 2021-08-09 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book delves into issued of 'Civil justice' which refers to that part of a legal system that is concerned with the legal relations between people (including 'legal persons') as distinct from 'criminal justice' i.e. that part of the legal system concerned with actions by the state against people and looks at contracts, personal injury, property and the breakdown of family relations as familiar examples of civil disputes"--

Civil Litigation Management Manual

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Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Civil Litigation Management Manual by :

Download or read book Civil Litigation Management Manual written by and published by . This book was released on 2010 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Procedure in Sweden

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Publisher : Brill Archive
ISBN 13 :
Total Pages : 590 pages
Book Rating : 4./5 ( download)

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Book Synopsis Civil Procedure in Sweden by : R.B. Ginsburgs

Download or read book Civil Procedure in Sweden written by R.B. Ginsburgs and published by Brill Archive. This book was released on 1965-07 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: First of a series to be prepared by the Project on International Procedure of the Columbia University School of Law.

Civil Justice in Crisis

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780198298335
Total Pages : 485 pages
Book Rating : 4.2/5 (983 download)

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Book Synopsis Civil Justice in Crisis by : A. A. S. Zuckerman

Download or read book Civil Justice in Crisis written by A. A. S. Zuckerman and published by Oxford University Press on Demand. This book was released on 1999 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.

Reform of Civil Procedure

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Publisher : Oxford University Press on Demand
ISBN 13 : 9780198260929
Total Pages : 457 pages
Book Rating : 4.2/5 (69 download)

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Book Synopsis Reform of Civil Procedure by : A. A. S. Zuckerman

Download or read book Reform of Civil Procedure written by A. A. S. Zuckerman and published by Oxford University Press on Demand. This book was released on 1995 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by leading commentators on civil justice is an attempt to assess the present state of civil procedure in the UK and the possible impact of proposals recently put forward by Lord Woolf. In addition, the essays deal with the fundamental problems that are encountered today in the administration of civil justice everywhere. The contributors are distinguished practitioners and academics who have made extensive contributions to the subject in the past.

Radical Reform of the Civil Service

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Publisher :
ISBN 13 :
Total Pages : 334 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Radical Reform of the Civil Service by : Stephen E. Condrey

Download or read book Radical Reform of the Civil Service written by Stephen E. Condrey and published by . This book was released on 2001 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Across the globe, governments are ending civil service as we know it. This volume presents the newest research that explores efforts to replace civil service systems with more flexible, non-tenured systems. Featuring both original and previously published essays by many of the leading practitioners and professors in the field of public administration, Radical Reform of the Civil Service asks big questions. Is radical reform of public bureaucracy needed? What is the scope of these reforms? What are the dangers of reform and why is it happening now? The essays in this book should be read by anyone interested in the future of public management.

Evidence in Contemporary Civil Procedure

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Publisher :
ISBN 13 : 9781780683386
Total Pages : 0 pages
Book Rating : 4.6/5 (833 download)

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Book Synopsis Evidence in Contemporary Civil Procedure by : C. H. van Rhee

Download or read book Evidence in Contemporary Civil Procedure written by C. H. van Rhee and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]