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Reforming Civil Procedure
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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 263 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.
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 . This book was released on 1995 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: 5. Making Tracks: Nick Armstrong
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.
Book Synopsis Reform of the Civil Process in Hong Kong by : Michael Wilkinson
Download or read book Reform of the Civil Process in Hong Kong written by Michael Wilkinson and published by . This book was released on 2000 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Juridical Reform by : John Downey Works
Download or read book Juridical Reform written by John Downey Works and published by . This book was released on 1919 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Reform of Civil Procedural Law and Other Essays in Civil Procedure by : Sir Jack Isaac Hai Jacob
Download or read book The Reform of Civil Procedural Law and Other Essays in Civil Procedure written by Sir Jack Isaac Hai Jacob and published by . This book was released on 1982 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Reform of Civil Litigation by : Sir Rupert Jackson
Download or read book The Reform of Civil Litigation written by Sir Rupert Jackson and published by . This book was released on 2016-09-08 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Bibliography of Procedural Reform, Including Organization of Courts by : Roscoe Pound
Download or read book A Bibliography of Procedural Reform, Including Organization of Courts written by Roscoe Pound and published by . This book was released on 1917 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Court Reform on Trial by : Malcolm M. Feeley
Download or read book Court Reform on Trial written by Malcolm M. Feeley and published by Quid Pro Books. This book was released on 2013-07-19 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.
Book Synopsis The Civil Procedure Rules Ten Years On by : Déirdre Dwyer
Download or read book The Civil Procedure Rules Ten Years On written by Déirdre Dwyer and published by OUP Oxford. This book was released on 2009-12-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the Civil Procedure Rules changed the landscape of civil justice in England and Wales, this book presents an analysis, by some of the leading judges, academics and practitioners involved in civil litigation in this country, of the effectiveness of the Woolf Reforms, and the challenges facing civil procedure today.
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.
Book Synopsis The Civil Justice Reforms One Year on by : Michelle Bramley
Download or read book The Civil Justice Reforms One Year on written by Michelle Bramley and published by . This book was released on 2000 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work offers guidance on the application of the Woolf reforms in the 12 months since their implementation. It updates practitioners on key cases that have been decided under the Civil Procedure rules and the implications of these decisions on litigation practice.
Book Synopsis Challenge of Law Reform by : Arthur T. Vanderbilt
Download or read book Challenge of Law Reform written by Arthur T. Vanderbilt and published by Princeton University Press. This book was released on 2015-12-08 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Major crimes in the United States reached an all-time high in 1954, exceeding the two-million mark for the third successive year. In spite of such groups as the famous Kefauver Committee, organized crime continues to entrench itself in the cities. Meanwhile, amid public apathy, the court calendars grow longer and justice is delayed. Thousands of new laws are passed each year, often without proper study, so that no lawyer today can achieve real mastery of even one major branch of his profession. In this little book, literally a challenge, Chief Justice Vanderbilt speaks out against these situations and abuses. Drawing on his experience as Chief Justice under the reformed court system provided by the 1947 New Jersey Constitution, he explains the need for reform, the importance of judicial administration, the problems of selecting judges and jurors, and the importance of legal procedure. In the matter of law reform he has long been known as a leader and fighter. In his book, originally delivered as the White Lectures at the University of Virginia Law School, he asks his readers to meet the challenge of law reform. Originally published in 1955. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Book Synopsis The Reform of Civil Justice by : Stephen Clark
Download or read book The Reform of Civil Justice written by Stephen Clark and published by . This book was released on 2018 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Civil Litigation in China and Europe by : C.H. (Remco) van Rhee
Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.
Book Synopsis The Management of Civil Cases by : John Peysner
Download or read book The Management of Civil Cases written by John Peysner and published by . This book was released on 2005 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The civil justice reforms, introduced in 1999, aimed to improve access to justice by reducing the inequalities, cost, delay and complexity of civil litigation, and to introduce greater certainty for timescales and costs. This was to be achieved by shifting the responsibility for the mangement of civil litigation in England and Wales from litigants and their legal advisers to the courts. This "case management" was to be achieved by means of pre-action protocols; control of simpler and lower value cases by a prescribed set of rules in the Fast Track; and control of higher value and/or more complex cases in the Multi-Track. This research project is focused on case managment in the Fast and Multi Tracks. It is a qualitative investigation, consisting of a series of interviews and focus groups in 2003 and 2004 with a wide range of judges, court officials and practitioners. It focussed on eight county courts, which offered a varied diet of town and country and different levels of litigation activity. One of the most striking aspects of activity within the litigation system is the enormous drop in cases litigated since the introduction of the Civil Procedure Rules." -- from the Executive Summary, p. i.
Book Synopsis Principles, Procedure, and Justice by : Rabeea Assy
Download or read book Principles, Procedure, and Justice written by Rabeea Assy and published by Oxford University Press, USA. This book was released on 2020-05-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.
