The Modern Civil Process
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The Modern Civil Process
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Author : Neil Andrews
language : en
Publisher: Mohr Siebeck
Release Date : 2008
The Modern Civil Process written by Neil Andrews and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
Examines court proceedings, as well as settlement, mediation and arbitraton.
English Civil Procedure
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Author : Neil Andrews
language : en
Publisher: Oxford University Press on Demand
Release Date : 2003
English Civil Procedure written by Neil Andrews and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.
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.
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]
Civil Justice In The Age Of Human Rights
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Author : Joseph M. Jacob
language : en
Publisher: Routledge
Release Date : 2016-05-23
Civil Justice In The Age Of Human Rights written by Joseph M. Jacob and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
The end of the last century witnessed two major events in the field of civil justice: the Civil Procedure Rules (CPR) came into force and the Human Rights Act (HRA) gave effect to the European Convention on Human Rights. This volume assesses the effect of the Act and attempts to reconcile the expediency and efficiency essential to modern civil justice with the need for recognition of human dignity and equality inherent to human rights. The book is primarily concerned with the effects of the HRA on civil procedure and, in particular, the effects on the CPR. It examines the view that the new civil procedure regime could be susceptible to HRA challenges. More specifically, the work discusses whether there are differences between the CPR and the ECHR ideas of what constitutes a fair trial or just decision and between their views of proportionality. The study notes the differences between common and civil law and discusses whether there is any coming together with other European systems. This book will be a valuable resource for academics and researchers as well as lawyers and judges with an interest in the practical implications of the HRA.
Modern Developments In The Law Of Civil Procedure
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Author : D. B. Casson
language : en
Publisher:
Release Date : 1982
Modern Developments In The Law Of Civil Procedure written by D. B. Casson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982 with Civil procedure categories.
The Dynamism Of Civil Procedure Global Trends And Developments
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Author : Colin B. Picker
language : en
Publisher: Springer
Release Date : 2016-08-23
The Dynamism Of Civil Procedure Global Trends And Developments written by Colin B. Picker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-23 with Law categories.
This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
Electronic Technology And Civil Procedure
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Author : Miklós Kengyel
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-06-26
Electronic Technology And Civil Procedure written by Miklós Kengyel 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 2012-06-26 with Law categories.
The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf’s statement from the 90’s, that ”IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...”. At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.
Civil Procedure
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Author : Richard L. Marcus
language : en
Publisher: West Academic Publishing
Release Date : 2005
Civil Procedure written by Richard L. Marcus and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
A leading civil procedure casebook, Civil Procedure: A Modern Approach offers in-depth coverage of the many topics pertinent to complex litigation and emphasizes the dynamic developments that continue to reshape the subject. A useful source and reference book for both law students and practicing attorneys, the book disproves the belief that civil procedure requires the rote-like study of precise rules. Civil Procedure includes extensive notes to introduce the complexities of the topic, while preserving an appreciation of the historical evolution of these doctrines. The fourth edition carries this commitment forward with expanded treatment of such cutting-edge issues as class actions and electronic discovery. The book also covers complex litigation, alternative dispute resolution, and constitutional law ? topics the authors have written about in detail in other casebooks.
Civil Procedure
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Author : Stephen C. Yeazell
language : en
Publisher: Aspen Publishers
Release Date : 2012
Civil Procedure written by Stephen C. Yeazell and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil procedure categories.
Its clear, straightforward writing style continues to make Civil Procedure accessible to students without oversimplifying the material it covers. An effective overview of procedure gives students a working knowledge of the system and offers techniques for statutory analysis. Civil Procedure's teachable structure features a clear organization, concisely edited cases--carefully chosen for first-year students--textual notes introducing and highlighting connections between sections, and practical problems. The casebook's shorter length assures that each class will completely cover the complex course material in limited hours, and a flexible organization adapts to a variety of teaching approaches. The Eighth Edition introduces innovative new features that highlight important and engaging material. ""What's New Here?"" boxes briefly summarize key points emerging from cases, statutes, and rules. ""Implications"" boxes make brief statements about connections and extensions of doctrine, aimed at answering the perennial question students ask, ""How does this connect with the rest of the course?""; ""Perspectives"" boxes provide short explorations of cases' historical context and related developments, addressing the query, ""What does it mean that this happened at this historical moment?"" The material is updated throughout, and new material appears on Erie, pleading, discovery, arbitration, preclusion, class actions, and joinder. The Eighth Edition is available as an eBook as well as a print book.