Courts Without Cases
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Courts Without Cases
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Author : Carissima Mathen
language : en
Publisher:
Release Date : 2019
Courts Without Cases written by Carissima Mathen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Advisory opinions categories.
"Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon"--Bloomsbury Publishing.
Courts Without Cases
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Author : Carissima Mathen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-04-18
Courts Without Cases written by Carissima Mathen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-18 with Law categories.
Since 1875, Canadian courts have been permitted to act as advisors alongside their ordinary, adjudicative role. This book offers the first detailed examination of that role from a legal perspective. When one thinks of courts, it is most often in the context of deciding cases: live disputes involving spirited, adversarial debate between opposing parties. Sometimes, though, a court is granted the power to answer questions in the absence of such disputes through advisory opinions (also called references). These proceedings raise many questions: about the judicial role, about the relationship between courts and those who seek their 'advice', and about the nature of law. Tracking their use in Canada since the country's Confederation and looking to the experience of other legal systems, the book considers how advisory opinions draw courts into the complex relationship between law and politics. With attention to key themes such as the separation of powers, federalism, rights and precedent, this book provides an important and timely study of a fascinating phenomenon.
Cases Without Controversies
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Author : James E. Pfander
language : en
Publisher: Oxford University Press
Release Date : 2021-03-17
Cases Without Controversies written by James E. Pfander and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-17 with Law categories.
This book offers a new account of the power of federal courts in the United States to hear and determine uncontested applications to assert or register a claim of right. Familiar to lawyers in civil law countries as forms of voluntary or non-contentious jurisdiction, these uncontested applications fit uneasily with the commitment to adversary legalism in the United States. Indeed, modern accounts of federal judicial power often urge that the language of the Article III of the U.S. Constitution limits federal courts to the adjudication of concrete disputes between adverse parties, thereby ruling out all forms of non-contentious jurisdiction. Said to rest on the so-called "case-or-controversy" requirement of Article III, this requirement of party contestation threatens the power of federal courts to conduct a range of familiar proceedings, such as the oversight of bankruptcy proceedings, the issuance of warrants, and the adjudication of applications for mandamus and habeas corpus relief. By recounting the tradition of naturalization and other uncontested litigation in antebellum America and coupling that tradition with an account of the important difference between cases and controversies, this book challenges the prevailing understanding of Article III. In addition to defending the power of federal courts to hear uncontested matters of federal law, the book examines the way the Constitution's meaning has changed over time and suggests a constructive interpretive methodology that would allow the Supreme Court to take account of the old and the new in defining the contours of federal judicial power.
Cases Without Controversies
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Author : James E. Pfander
language : en
Publisher:
Release Date : 2021
Cases Without Controversies written by James E. Pfander and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Administrative procedure categories.
The origins of uncontested adjudication -- Uncontested proceedings on federal dockets in the early Republic -- Probate and domestic relations proceedings -- The nineteenth-century perspective on federal judicial power -- The judicial response to the administrative state -- The progressive response to Lochner : limiting justiciability -- The new adverse-party rule confronts judicial practice -- Uncontested adjudication and the modern case-or-controversy rule -- Evaluating defenses of a requirement of adverse interests -- Uncontested adjudication and standing to sue -- A practical guide to uncontested adjudication -- Toward a constructive constitutional history.
Civil Case Management In The Twenty First Century Court Structures Still Matter
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Author : Peter C.H. Chan
language : en
Publisher: Springer Nature
Release Date : 2021-02-15
Civil Case Management In The Twenty First Century Court Structures Still Matter written by Peter C.H. Chan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
Seeking The Court S Advice
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Author : Kate Puddister
language : en
Publisher: UBC Press
Release Date : 2019-05-01
Seeking The Court S Advice written by Kate Puddister and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-01 with Law categories.
Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.
Review Of Cases Tried In District Courts Of The United States Without A Jury
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1932
Review Of Cases Tried In District Courts Of The United States Without A Jury written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1932 with Courts categories.
An Introduction To Constitutional Law
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Author : Randy E. Barnett
language : en
Publisher: Aspen Publishing
Release Date : 2023-02-28
An Introduction To Constitutional Law written by Randy E. Barnett and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-28 with Law categories.
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Deciding Cases Without Argument
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Author : Joe S. Cecil
language : en
Publisher:
Release Date : 1985
Deciding Cases Without Argument written by Joe S. Cecil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with categories.
Tough Cases
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Author : Russell Canan
language : en
Publisher: The New Press
Release Date : 2018-09-25
Tough Cases written by Russell Canan and has been published by The New Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-25 with Law categories.
“Tough Cases stands out as a genuine revelation. . . . Our most distinguished judges should follow the lead of this groundbreaking volume.” —Justin Driver, The Washington Post A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It's the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them. In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children. Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.