Judicial Controls And The Civil Litigative Process
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Judicial Controls And The Civil Litigative Process
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Author : Paul R. Connolly
language : en
Publisher:
Release Date : 1978
Judicial Controls And The Civil Litigative Process written by Paul R. Connolly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with Civil procedure categories.
Judicial Controls And The Civil Litigative Process
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Author : Federal Judicial Federal Judicial Center
language : en
Publisher: Createspace Independent Publishing Platform
Release Date : 2017-01-01
Judicial Controls And The Civil Litigative Process written by Federal Judicial Federal Judicial Center and has been published by Createspace Independent Publishing Platform this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-01 with categories.
This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7, 000 docketed requests appearing in more than 3, 000 terminated cases in six United States district courts. (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District Court Studies Project, the first report of which (Case Management and Court Management in United States District Courts) appeared several months ago.
Judicial Controls And The Civil Litigative Process Motions
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Author : Paul R. Connolly
language : en
Publisher:
Release Date : 1980
Judicial Controls And The Civil Litigative Process Motions written by Paul R. Connolly and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Civil procedure categories.
Development Of Judicial Control Of The European Communities
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Author : Gerhard Bebr
language : en
Publisher: Springer
Release Date : 2013-12-01
Development Of Judicial Control Of The European Communities written by Gerhard Bebr and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-01 with Law categories.
The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.
Reform Of Civil Procedure
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Author : A. A. S. Zuckerman
language : en
Publisher:
Release Date : 1995
Reform Of Civil Procedure written by A. A. S. Zuckerman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
5. Making Tracks: Nick Armstrong
Administrative Law And Process
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Author : Richard J. Pierce
language : en
Publisher:
Release Date : 1992
Administrative Law And Process written by Richard J. Pierce and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
Political Nature of Administrative Process; Legal Nature of Administrative Process; Legislative Control of Administrative Discretion; Executive Control of Administrative Discretion; Judicial Control of Agency' Discretion -- Threshold Issues; Judicial Control of Administrative Discretion -- Substantive Issues; Access to Private and Public Information; Fairness and Political Accountability.
Civil Procedure In Australia
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Author : Andrew Hemming
language : en
Publisher:
Release Date : 2014-12-29
Civil Procedure In Australia written by Andrew Hemming and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-29 with Civil procedure categories.
Civil Procedure in Australia provides a detailed analysis of the rules of civil procedure in the State Supreme Courts and in the Federal Court Civil Procedure in Australia is based on the successful work formerly published as Litigation I oÂeÂ" Civil Procedure. This book examines the principal rules governing the usual manner in which superior court cases are litigated. It covers the rules which apply to the running of civil cases, ranging from those which must be considered prior to the commencement of litigation to the rules pertaining to appeals and enforcement. Primary and secondary materials from all Australian jurisdictions are included. The topics covered in Civil Procedure in Australia encompass the areas of knowledge required for admission to legal practice in Australia. Principles of procedure which are essential to an understanding of the way in which civil proceedings are conducted are examined in the book, which in addition equips the reader to navigate the broader requirements of civil procedure. In Australia and comparable jurisdictions, civil procedure has been subject to significant statutory reforms, including greater judicial control of civil proceedings and the increased requirements placed on the courts to follow mechanisms for resolving disputes other than by litigation. This book examines these reforms and provides an up to date account of the rules which govern civil litigation in Australia.
Judicial Control
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Author : Rob Bakker
language : en
Publisher: Maklu
Release Date : 1995
Judicial Control written by Rob Bakker and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Administrative Law
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Author : Christopher F. Edley
language : en
Publisher: Yale University Press
Release Date : 1992-07-29
Administrative Law written by Christopher F. Edley and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992-07-29 with Law categories.
This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained--and inescapable--discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discussed why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance. Edley demonstrates that legal analyses of separation of powers and of judicial oversight of agencies implicitly use three decision-making paradigms: politics, scientific expertise, and adjudicatory fairness. Conventional wisdom maintains, for example, that judges should hesitate to question the political choices of legislators and the expertise of administrators, but need not be so deferential in addressing questions of law. Such judicial efforts to police governance have largely failed because, as Edley shows in several contexts, they attempt to appraise decision-making paradigms as though they were separable when in fact the important decisions of both judges and political officials combine elements of politics, science, and fairness. According to Edley, unsustainable boundaries among these paradigms cannot be a satisfactory basis for deciding when a court should interfere. Law must stop focusing on separation of powers and instead direct attention to such issues as bureaucratic incompetence, systemic agency delay, and political bias.
Transformation Of Civil Justice
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Author : Alan Uzelac
language : en
Publisher: Springer
Release Date : 2018-09-03
Transformation Of Civil Justice written by Alan Uzelac and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.
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.