Goals Of Civil Justice And Civil Procedure In Contemporary Judicial Systems
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Author | : Alan Uzelac |
Publisher | : Springer Science & Business Media |
Total Pages | : 262 |
Release | : 2014-01-11 |
Genre | : Law |
ISBN | : 331903443X |
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
Author | : Alan Uzelac |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2014-01-22 |
Genre | : Law |
ISBN | : 9783319034423 |
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.
Author | : |
Publisher | : |
Total Pages | : 220 |
Release | : 2010 |
Genre | : Costs (Law) |
ISBN | : |
Author | : |
Publisher | : |
Total Pages | : |
Release | : 2021 |
Genre | : Court rules |
ISBN | : 9781663319005 |
Author | : Hazel G. Genn |
Publisher | : Cambridge University Press |
Total Pages | : 229 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0521118948 |
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Author | : A. A. S. Zuckerman |
Publisher | : Oxford University Press on Demand |
Total Pages | : 485 |
Release | : 1999 |
Genre | : Law |
ISBN | : 9780198298335 |
A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.
Author | : John Sorabji |
Publisher | : Cambridge University Press |
Total Pages | : 283 |
Release | : 2014-06-26 |
Genre | : Law |
ISBN | : 1107051665 |
John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : A. Benjamin Spencer |
Publisher | : Ingram |
Total Pages | : 0 |
Release | : 2015 |
Genre | : Civil procedure |
ISBN | : 9781634592727 |
The Revised 4th Edition of Civil Procedure: A Contemporary Approach is updated with references to the 2015 amendments to the Federal Rules of Civil Procedure, as well as case law developments since the 2014 publication date of the Fourth Edition. Major recent case law developments included in this revised edition consist of decisions from the Supreme Court addressing personal jurisdiction (Goodyear Dunlop Tires Operations, S.A. v. Brown, 131 S. Ct. 2846 (2011), J. McIntyre Machinery, Ltd. v. Nicastro, 131 S. Ct. 2780 (2011), and Daimler AG v. Bauman, 134 S. Ct. 746 (2014)), federal question jurisdiction (Gunn v. Minton, 133 S. Ct. 1059 (2013)), removal of class actions (Standard Fire Ins. Co. v. Knowles, 133 S. Ct. 1345 (2013)), change of venue and forum-selection clauses (Atl. Marine Constr. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 134 S. Ct. 568 (2013) [now a principal case]), class certification (Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), Amgen Inc. v. Conn. Ret. Plans & Trust Funds, 133 S. Ct. 1184 (2013)), class arbitration waivers (AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011) and American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013)), and offers of judgment (Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (2013)). Regarding the 2015 amendments to the Federal Rules of Civil Procedure, this revised edition makes reference to them in the text where appropriate. The changes include the "Duke Rules" package, which alters Rules 1, 4, 16, 26, 30, 31, 33 and 34 to make proportionality a main component of the scope of discovery, to eliminate access to subject matter discovery, require early discussions regarding preservation and privilege protection, permit early document requests, and shorten the time permitted to issue scheduling orders and to achieve service of process. The amendment to Rule 37 codifies an approach to preservation and spoliation that favors curative measures unless there is intentional spoliation, in which case more severe sanctions such as adverse inference instructions or dismissal become available. This edition also fully incorporates recent amendments to the Federal Rules of Civil Procedure and to Title 28 of the U.S. Code, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011 and the 2013 amendment to Rule 45 (subpoenas). Finally, the Revised Fourth Edition integrates references to online assessment tools in the Casebook Plus platform. These consist of a bank of 200 multiple-choice questions that provide comprehensive assessment of the topics covered in this book, with detailed feedback consisting of explanations for both correct and incorrect responses. This feature provides an unparalleled opportunity to engage with the material actively as the course progresses and permits students and professors to determine the extent to which the material is being learned.
Author | : Xandra Kramer |
Publisher | : Springer Nature |
Total Pages | : 313 |
Release | : 2021-09-17 |
Genre | : Law |
ISBN | : 3030666379 |
This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.