A History Of Civil Litigation
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| Author | : Frank J. Vandall |
| Publisher | : |
| Total Pages | : 262 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0195391918 |
A History of Civil Litigation: Political and Economic Perspectives, by Frank J. Vandall, studies the expansion of civil liability from 1466 to 1980, and the cessation of that growth in 1980. It evaluates the creation of tort causes of action during the period of 1400-1980. Re-evaluation and limitation of those developments from 1980, to the present, are specifically considered. 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. 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." It uses products, cases and policies for much of its argument. These policies can be summarized 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. Coca 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. Never has it been less true that we live under the rule of law. Congress, agencies and the courts make the law, but they are driven by those who have a large financial stake in the outcome. Today, those with power shape the character of products liability law, at every turn.
| Author | : Thomas Glyn Watkin |
| Publisher | : Routledge |
| Total Pages | : 448 |
| Release | : 2017-07-05 |
| Genre | : Law |
| ISBN | : 1351958909 |
The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.
| Author | : Zhaoyang Zhang |
| Publisher | : BRILL |
| Total Pages | : 303 |
| Release | : 2022-07-11 |
| Genre | : Law |
| ISBN | : 9004513906 |
Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).
| Author | : Paul Brand |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2012-01-12 |
| Genre | : Law |
| ISBN | : 1139505572 |
In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.
| Author | : Susan Burnett Luten |
| Publisher | : Cengage Learning |
| Total Pages | : 520 |
| Release | : 2008-04 |
| Genre | : Business & Economics |
| ISBN | : 9781428318489 |
California Civil Litigation, fifth edition, is designed to provide paralegal students and practicing paralegals with information, skills, and experience. It follows the litigation process chronologically from initial client questions and contracts, to ethical issues, through the pleading and discovery phases, to trial, post-trial and appeal. Each phase of litigation is explored through official forms and drafted documents and each chapter includes highlighted glossary words and definitions to enable the reader to learn the technical language of litigation. In addition to the usual probing discussion questions, each chapter includes online projects requiring the reader to locate and analyze relevant Internet material.
| Author | : William Eves |
| Publisher | : Cambridge University Press |
| Total Pages | : 349 |
| Release | : 2021-04-15 |
| Genre | : History |
| ISBN | : 1108960448 |
Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
| Author | : Peter Charles Hoffer |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 233 |
| Release | : 2019-09-20 |
| Genre | : History |
| ISBN | : 1538116588 |
Americans have long been identified as a people of law and lawyers with an addiction to lawsuits. In Litigation Nation, Peter Charles Hoffer, one of America’s most preeminent legal historians, charts the history of civil litigation from the seventeenth century to the present, using key cases pursued by ordinary people to illustrate how the civil courts have been a battlefront to contest the boundaries of permissible personal conduct in times of social and political change. Using representative case studies from each period—from defamation suits in seventeenth-century America to recent civil rights and gender discrimination lawsuits, Hoffer’s concise and accessible history shows how litigation reflects the lives and values of ordinary Americans.
| Author | : Howard M. Wasserman |
| Publisher | : Carolina Academic Press LLC |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : Civil procedure |
| ISBN | : 9781531022341 |
This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book works for dedicated civil rights courses and larger federal courts classes; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as a supplemental study guide for students wanting additional background, context, and synthesis of the material. The third edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Explores the doctrinal areas that have undergone substantial changes or challenges since the prior edition, including the retraction of Bivens; the extension, criticism, and cross-ideological calls for reform of qualified immunity; the narrowing of abstention; debates over the scope of injunctive relief; and the Supreme Court's increasing engagement earlier in constitutional cases. Explores new applications of long-standing doctrines, including controversies over when social-media companies and public officials act under color of state law in controlling who has access to sites and pages. Adds new and expanded "Puzzles" for most topics within the book. These short problems, drawn from news stories, lawsuits, and lower-court decisions, challenge students to work through and apply the doctrine. The book can serve as a primary source for a problem-centered civil rights courses. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes and rules that govern in civil rights and constitutional litigation.
| Author | : X.E. Kramer |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 381 |
| Release | : 2012-02-02 |
| Genre | : Law |
| ISBN | : 906704816X |
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.
| Author | : |
| Publisher | : |
| Total Pages | : 220 |
| Release | : 2010 |
| Genre | : Costs (Law) |
| ISBN | : |
