The Reform Of Civil Justice

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Transformation of Civil Justice

Author : Alan Uzelac
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

Author : Benjamin H. Barton
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.

English Civil Justice after the Woolf and Jackson Reforms

Author : John Sorabji
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.

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia

Author : Nelson F. Kofie
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"--

Judging Civil Justice

Author : Hazel G. Genn
Publisher : Cambridge University Press
ISBN 13 : 0521118948
Total Pages : 229 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Judging Civil Justice by : Hazel G. Genn

Download or read book Judging Civil Justice written by Hazel G. Genn and published by Cambridge University Press. This book was released on 2010 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.

Civil Justice in Crisis

Author : A. A. S. Zuckerman
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.

Rebuilding Justice

Author : Rebecca Love Kourlis
Publisher : Chicago Review Press - Fulcrum
ISBN 13 : 9781555915384
Total Pages : 0 pages
Book Rating : 4.9/5 (153 download)

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Book Synopsis Rebuilding Justice by : Rebecca Love Kourlis

Download or read book Rebuilding Justice written by Rebecca Love Kourlis and published by Chicago Review Press - Fulcrum. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Institute for the Advancement of the American Legal System."

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Author : Alan Uzelac
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.

Civil Justice, Privatization, and Democracy

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
ISBN 13 : 144269503X
Total Pages : 396 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Civil Justice, Privatization, and Democracy by : Trevor C.W. Farrow

Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-04-30 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Civil Justice Reconsidered

Author : Steven P. Croley
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.

Court Mediation Reform

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435861
Total Pages : 237 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Court Mediation Reform by : Shahla F. Ali

Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

On Civil Procedure

Author : J. A. Jolowicz
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.

Carceral Con

Author : Kay Whitlock
Publisher : Univ of California Press
ISBN 13 : 0520974808
Total Pages : 276 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Carceral Con by : Kay Whitlock

Download or read book Carceral Con written by Kay Whitlock and published by Univ of California Press. This book was released on 2021-09-21 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of how contemporary criminal justice reforms expand rather than shrink structurally violent systems of policing, surveillance, and carceral control in the United States. Public opposition to the structural racist, gendered, and economic violence that fuels the criminal legal system is reaching a critical mass. Ignited by popular uprisings, protests, and campaigns against state violence, demands for transformational change have escalated. In response, a now deeply entrenched so-called bipartisan industry has staked its claim to the reform terrain. Representing itself as a sensible bridge across bitterly polarized political divides and party lines, the bipartisan reform industry has sought to control the nature and scope of local, state, and federal reforms. Along the way, it creates an expanding web of neoliberal public-private partnerships, with the promotion and implementation of efforts managed by billionaires, public officials, policy factories, foundations, universities, and mega nonprofit organizations. Yet many bipartisan reforms constitute deceptive sleights of hand that not only fail to produce justice but actively reproduce structural racial and economic inequality. Carceral Con pulls the veil away from the reform public relations machine, providing a riveting overview of the repressive US carceral state and a critical examination of the reform terrain, quagmires, and choices that face us. This book vividly illustrates how contemporary bipartisan reform agendas leave the structural apparatus of mass incarceration intact while widening the net of carceral control and surveillance. Readers are also provided with information and insights useful for examining the likely impacts of reforms today and in the future. What can we learn from reforms of the past? What strategies hold most promise for dismantling structural inequalities, corporate control, and state violence? What approaches will reduce reliance on carceral control and also bring about community safety? Utilizing an abolitionist lens, Carceral Con makes the compelling case for liberatory approaches to envisioning and creating a just society.

Usual Cruelty

Author : Alec Karakatsanis
Publisher :
ISBN 13 : 9781620979143
Total Pages : 0 pages
Book Rating : 4.9/5 (791 download)

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Book Synopsis Usual Cruelty by : Alec Karakatsanis

Download or read book Usual Cruelty written by Alec Karakatsanis and published by . This book was released on 2025-01-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A "searing, searching, and eloquent" (Martha Minow, Harvard Law School) investigation into the role of the legal profession in perpetuating mass incarceration--now in an accessible paperback format from the award-winning civil rights lawyer Alec Karakatsanis doesn't think people who have gone to law school, passed the bar, and sworn to uphold the Constitution should be complicit in the mass caging of human beings--an everyday brutality inflicted disproportionately on the bodies and minds of poor people and people of color, for which the legal system has never offered sufficient justification. Usual Cruelty offers a radical reconsideration of the American "injustice system" by someone who is actively--and wildly successfully--challenging it. Hailed by luminaries from James Forman Jr. and Vanita Gupta to U.S. Circuit Judge Bernice Donald, and MacArthur Award-winning poet and attorney Reginald Dwayne Betts, Usual Cruelty offers a condemnation of the whole deplorable enterprise, starting with profound questions about the specific things our system chooses to criminalize (marijuana plants, low-level gambling, petty theft) versus those we don't (tobacco plants, high-level gambling by bankers, massive wage theft by employers). It calls out a bail system that charges people money to go free despite the lack of any evidence this will make them more likely to show up in court or make anybody safer. And it explores the everyday brutality of our courts, prisons, and jails, and the ways in which the legal profession has allowed itself to become desensitized to the everyday pain these institutions inflict on our most vulnerable populations. Now in an accessible paperback format, Usual Cruelty will cement Karakatsanis's reputation as one of the most inspiring civil rights lawyers of our time.

Chinese Civil Justice, Past and Present

Author : Philip C. Huang
Publisher : Rowman & Littlefield
ISBN 13 : 9780742567696
Total Pages : 320 pages
Book Rating : 4.5/5 (676 download)

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Book Synopsis Chinese Civil Justice, Past and Present by : Philip C. Huang

Download or read book Chinese Civil Justice, Past and Present written by Philip C. Huang and published by Rowman & Littlefield. This book was released on 2010 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law--traditional or Maoist--can have no role under the leadership's current preoccupations with modernization and marketization. But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
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.

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.