Reforming Civil Procedure
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Author | : Dominic De Saulles |
Publisher | : Bloomsbury Publishing |
Total Pages | : 263 |
Release | : 2019-05-16 |
Genre | : Law |
ISBN | : 1509925929 |
Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.
Author | : A. A. S. Zuckerman |
Publisher | : |
Total Pages | : 478 |
Release | : 1995 |
Genre | : Law |
ISBN | : |
5. Making Tracks: Nick Armstrong
Author | : Michael Wilkinson |
Publisher | : |
Total Pages | : 352 |
Release | : 2000 |
Genre | : Civil procedure |
ISBN | : |
Author | : John Downey Works |
Publisher | : |
Total Pages | : 208 |
Release | : 1919 |
Genre | : Electronic books |
ISBN | : |
Author | : Sir Jack Isaac Hai Jacob |
Publisher | : |
Total Pages | : 359 |
Release | : 1982 |
Genre | : Civil procedure |
ISBN | : 9780421301108 |
Author | : J. A. Jolowicz |
Publisher | : Cambridge University Press |
Total Pages | : 444 |
Release | : 2000-02-17 |
Genre | : Law |
ISBN | : 0521584191 |
Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.
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 | : Sir Rupert Jackson |
Publisher | : |
Total Pages | : |
Release | : 2016-09-08 |
Genre | : Civil procedure |
ISBN | : 9780414056862 |
Author | : Malcolm M. Feeley |
Publisher | : Quid Pro Books |
Total Pages | : 224 |
Release | : 2013-07-19 |
Genre | : Law |
ISBN | : 161027203X |
COURT REFORM ON TRIAL is a recognized study of innovation in the process of criminal justice, and why it so often fails--despite the best intentions of judges, administrators, and reformers. The arc of innovation and disappointment is analyzed through such programs as bail reform, pretrial diversion, speedy trials, and determinate sentencing. The much-maligned system of plea bargaining shifts power to prosecutors away from judges, and formal trials recede in importance--but is that really the problem? Perhaps failure lies in unrealistic expectations, splintered systems and decisionmaking, waning political will, unempowered constituencies, and reformers' hubris. Feeley analyzes the persistent failure and proposes insightful pathways out of the cycle. First commissioned as a study in the influential Twentieth Century Fund series, the book is accessible for today's readers as part of the Classics of Law & Society series of Quid Pro Books. It adds a reflective preface by the author and a new foreword by Greg Berman, Executive Director of the Center for Court Innovation. Calling it an "intellectual touchstone" that's "brimming with energy not resignation," Berman writes that the book "has all of the hallmarks of Feeley's best work. Lucid prose. Idiosyncratic analysis. A willingness to speak truth to vested interests. And a commitment to describing the way the world actually works from a ground-level perspective--as opposed to the official versions of how systems theoretically should function." New ebook edition features active TOC, linked Notes, and proper formatting in a modern digital presentation.
Author | : Jonathan B. Wilson |
Publisher | : iUniverse |
Total Pages | : 203 |
Release | : 2005 |
Genre | : Courts |
ISBN | : 0595347177 |
Why are there so many frivolous lawsuits? How much money does America waste on litigation every year? Out of Balance counts the cost of our out-of-control litigation system and identifies the legal procedures and economic incentives that effectively reward lawyers who pursue weak and even silly legal claims. Using real world examples, Jonathan B. Wilson (an attorney and the general counsel of a publicly traded company) describes how the pursuit of attorneys' fees rests at the heart of our litigation system. He recounts alternative proposals to change the law and sets out prescriptions for reform designed to deter cases that should never be filed and resolve those that are. "[Out of Balance shows] how the American justice system front-loads scanty information, unpredictability, and the certainty of escalating legal costs to leverage weak or non-meritorious cases and victimize defendants of every kind." --John H. Sullivan, President, Civil Justice Association of California "Wilson takes an evenhanded approach to the subject of lawsuit reform, reporting in equal measure the clear evidence of America's runaway tort system that favors trial lawyers and the alternatives for systemic procedural reform that will level the playing field for all participants in the legal system. . . . [Out of Balance is] a behind-the-scenes user's guide for reform-minded business advocates and lawmakers who want to fight back and win."--Steven B. Hantler, DaimlerChrysler Out of Balance is an invaluable guide for changing our legal system and restoring its sense of balance and fairness.