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Author : Sir Rupert Jackson
Publisher :
ISBN 13 : 9780414056862
Total Pages : pages
Book Rating : 4.0/5 (568 download)
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:
Author : A. A. S. Zuckerman
Publisher :
ISBN 13 :
Total Pages : 478 pages
Book Rating : 4.3/5 ( download)
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
Author : Dominic De Saulles
Publisher : Bloomsbury Publishing
ISBN 13 : 1509925929
Total Pages : 263 pages
Book Rating : 4.5/5 (99 download)
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.
Author : Stephen Clark
Publisher :
ISBN 13 : 9780414067035
Total Pages : 303 pages
Book Rating : 4.0/5 (67 download)
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:
Author : C.H. (Remco) van Rhee
Publisher : Springer Science & Business Media
ISBN 13 : 9400776667
Total Pages : 362 pages
Book Rating : 4.4/5 (7 download)
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.
Author : J. A. Jolowicz
Publisher : Cambridge University Press
ISBN 13 : 0521584191
Total Pages : 444 pages
Book Rating : 4.5/5 (215 download)
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.
Author : John Downey Works
Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.:/5 (2 download)
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:
Author : Benjamin H. Barton
Publisher : Encounter Books
ISBN 13 : 1594039348
Total Pages : pages
Book Rating : 4.5/5 (94 download)
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 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.
Author : Steven P. Croley
Publisher : NYU Press
ISBN 13 : 1479811971
Total Pages : 304 pages
Book Rating : 4.4/5 (798 download)
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 304 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. 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.
Author : Frank J. Vandall
Publisher : Oxford University Press, USA
ISBN 13 : 0195391918
Total Pages : 262 pages
Book Rating : 4.1/5 (953 download)
Download or read book A History of Civil Litigation written by Frank J. Vandall and published by Oxford University Press, USA. This book was released on 2011 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations such as precedent, fairness, and impartiality, but has shifted to power and influence. Vandall contends that reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutral desire for fairness, and not to "make it better," and he uses products, cases, and policies for much of his argument. He characterizes these policies as a shift from a balanced playing field, negligence, to one that favors injured consumers. The strict liability foreshadowed by Judge Traynor, in Escola v. Coco Cola (1944), was not adopted until 1962, when Traynor wrote the majority opinion in Greenman v. Yuba Power Products for the California Supreme Court. Second, the book examines the role of persuasive non-governmental agencies, such as the American Law Institute, in reforming and shaping civil justice. --
Author : President's Council on Competitiveness (U.S.)
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (3 download)
Download or read book Agenda for Civil Justice Reform in America written by President's Council on Competitiveness (U.S.) and published by . This book was released on 1991 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Wilkinson
Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.F/5 ( download)
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:
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 598 pages
Book Rating : 4.0/5 (1 download)
Download or read book The Civil Justice Reform Act of 1990 and the Judicial Improvements Act of 1990 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1990 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.3/5 (91 download)
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:
Author : John Sorabji
Publisher : Cambridge University Press
ISBN 13 : 1139952684
Total Pages : 283 pages
Book Rating : 4.1/5 (399 download)
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.
Author : The Jud Conference of the United States
Publisher : Lulu.com
ISBN 13 : 9781678027681
Total Pages : 222 pages
Book Rating : 4.0/5 (276 download)
Download or read book Civil Litigation Management Manual (Second Edition) written by The Jud Conference of the United States and published by Lulu.com. This book was released on 2020-03-19 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: After the passage of the Civil Justice Reform Act of 1990 (CJRA), and the judiciaryÕs implementation of the requirements of that Act, the Judicial Conference stated that Ò[t]he federal judiciary is committed to, and believes in, sound case management to reduce unnecessary cost and delay in civil litigation, and thus ensure the Ôjust, speedy, and inexpensiveÕ determination of civil actions called for in the Federal Rules of Civil Procedure.Ó It has been shown that managed cases will settle earlier and more efficiently, and will provide a greater sense of justice to all participants. Even in the absence of settlement, the result will be a more focused trial, increased jury comprehension, and a more efficient and efficacious use of our scarcest institutional resource, judge time.
Author : Alan Uzelac
Publisher : Springer Science & Business Media
ISBN 13 : 331903443X
Total Pages : 263 pages
Book Rating : 4.3/5 (19 download)
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 263 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.
