Civil Litigation In Comparative Context
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Civil Litigation In Comparative Context
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Author : Oscar G. Chase
language : en
Publisher:
Release Date : 2017
Civil Litigation In Comparative Context written by Oscar G. Chase and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Actions and defenses categories.
Softbound - New, softbound print book.
Truth And Efficiency In Civil Litigation
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Author : C. H. van Rhee
language : en
Publisher:
Release Date : 2012
Truth And Efficiency In Civil Litigation written by C. H. van Rhee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil procedure categories.
In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.
The Costs And Funding Of Civil Litigation
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-11-17
The Costs And Funding Of Civil Litigation written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-17 with Law categories.
This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.
Comparative Law
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Author : Mathias Siems
language : en
Publisher: Law in Context
Release Date : 2018-04-12
Comparative Law written by Mathias Siems and has been published by Law in Context this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.
Civil Procedure In Singapore
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Author : Chen Siyuan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-05-05
Civil Procedure In Singapore written by Chen Siyuan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-05 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Singapore. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Singapore will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.
Civil Litigation In A Globalising World
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Author : X.E. Kramer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-02-01
Civil Litigation In A Globalising World written by X.E. Kramer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Law categories.
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
The Future Of Civil Litigation
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Author : Laura Ervo
language : en
Publisher: Springer
Release Date : 2014-07-05
The Future Of Civil Litigation written by Laura Ervo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-05 with Law categories.
This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.
Fact Finding In Civil Litigation
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Author : Rijk Remme Verkerk
language : en
Publisher:
Release Date : 2010
Fact Finding In Civil Litigation written by Rijk Remme Verkerk and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Actions and defenses categories.
In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
Class Actions In Context
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Author : Deborah R. Hensler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-05-27
Class Actions In Context written by Deborah R. Hensler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-27 with Law categories.
In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action', in the Americas, Europe, Asia and the Middle East.
Evidence In Contemporary Civil Procedure
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Author : C. H. van Rhee
language : en
Publisher:
Release Date : 2015
Evidence In Contemporary Civil Procedure written by C. H. van Rhee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Civil procedure categories.
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]