Truth And Efficiency In Civil Litigation
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| Author | : C. H. van Rhee |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2012 |
| Genre | : Civil procedure |
| ISBN | : 9781780681337 |
In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.
| 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 | : Stephen N. Subrin |
| Publisher | : Aspen Publishing |
| Total Pages | : 322 |
| Release | : 2015-02-09 |
| Genre | : Law |
| ISBN | : 1454819030 |
Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.
| Author | : Rijk Remme Verkerk |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Actions and defenses |
| ISBN | : 9789400000742 |
In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values
| Author | : Jinkyoo Lee |
| Publisher | : |
| Total Pages | : 323 |
| Release | : 2014 |
| Genre | : |
| ISBN | : |
Judicial efficiency achieved by filtering cases that do not deserve trial and litigants' right to access to justice are competing values of most of civil justice systems. How these two values are interacting and how these are balancing influence actors of the system, decide effectiveness of legal institutions, and lead future civil procedure reforms. Through analysis of Korean civil litigation proceedings, existing studies, observations of court hearings, and interviews with Korean judges and lawyers, this dissertation investigates how disposition without trial and related procedural safeguards of Korean civil procedure are actually working and how interactions between efficiency and procedural fairness influence actual use of procedural mechanisms. Based on that, this dissertation evaluates comparative law projects that recommend adoption of disposition without trial of the U.S. civil procedure suggested by Korean legal scholars. This dissertation argues that fundamental procedural values in action that are unique in certain society and at certain time period decide actual use of procedural devices and effectiveness of legal reforms. It also contends that, in Korean context, maximum level of access to adjudication on the merits and truth finding function of civil litigation are driving judges' and lawyers' civil litigation practices toward minimal use of disposition without trial that limits litigants' access to court and maximum use of procedural safeguards, thus establishing a one-sided model biased with access to justice in terms of balancing model. By applying this explanatory theory to comparative civil procedure projects in Korea, this dissertation evaluates these projects in light of considering fundamental procedural values in action; and illustrates the ways of designing comparative civil procedure projects that appropriately reflects contexts of adopting society and raises effectiveness of the legal reforms.
| 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 | : Kenn Goldblatt |
| Publisher | : AuthorHouse |
| Total Pages | : 348 |
| Release | : 2016-03-17 |
| Genre | : Law |
| ISBN | : 1504984552 |
Caught up in a civil lawsuit? This book explains each step of the civil litigation process from pre-litigation investigation through trial on the merits to give you the best chance of prevailing in your efforts whether you are a plaintiff or a defendant. Its detailed explanations of the various requirements of the litigation process are supported with detailed checklists that insure you leave nothing to chance as you work through the process and help you avoid the costly mistakes pro se litigants commonly make as they fight their lawsuits. Whether you are a plaintiff or defendant and whether you decide to employ a lawyer or represent yourself, this book gives you the information you need to make sure that you have the best chance of prevailing as you proceed.
| Author | : C. H. van Rhee |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2015 |
| Genre | : Civil procedure |
| ISBN | : 9781780683386 |
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]
| Author | : Steven P. Croley |
| Publisher | : NYU Press |
| Total Pages | : 297 |
| Release | : 2017-08-22 |
| Genre | : Law |
| ISBN | : 1479811971 |
Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.
| Author | : Robert Hill |
| Publisher | : Jordan Publishing (GB) |
| Total Pages | : 650 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : |
A Practical Guide to Civil Litigation is a major new work explaining the process of civil litigation in the English High Court and county courts. Over 40 chapters guide the reader through each step of the claim. Each chapter sets out clearly the requirements of the CPR with a discussion of the relevant case law, together with the practical demands of how the rules operate in practice. In addition, there is valuable advice on core litigation skills such as interviewing, drafting, research and advocacy. Written by a team of district judges, solicitors and a barrister, who also have considerable experience in the provision of legal education, A Practical Guide to Civil Litigation provides unparalleled commentary on the process of conducting litigation, whether for the claimant or defendant.
