American Civil Procedure

Author by : Geoffrey C. Hazard
Languange : en
Publisher by : Yale University Press
Format Available : PDF, ePub, Mobi
Total Read : 74
Total Download : 178
File Size : 54,7 Mb
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Description : From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.


American Civil Procedure

Author by : John Bilyeu Oakley
Languange : en
Publisher by : Kluwer Law International B.V.
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 456
File Size : 51,5 Mb
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Description : This convenient description of civil procedure in the federal and state courts of the United States will be greatly welcomed by lawyers and legal scholars everywhere. Without going into deep analysis, the book covers every important feature of these legal systems, drawing on the expertise and experience of two well-versed practitioners. As well as the rules, policies, normative principles, and future trends, the authors cite recent cases affecting procedure. Areas covered include sources, judicial organization, exercise of the legal profession, jurisdiction, due process standards, rules of evidence, enforcement of judgements, arbitration, and much more.


Litigating In America

Author by : Stephen Subrin
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 328
File Size : 55,6 Mb
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Description : 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.


American Civil Procedure

Author by : William Wirt Blume
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 93
Total Download : 945
File Size : 40,7 Mb
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The Hague Evidence Convention

Author by : James S. McLean
Languange : en
Publisher by :
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Total Read : 46
Total Download : 532
File Size : 50,5 Mb
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Failures Of American Civil Justice In International Perspective

Author by : James R. Maxeiner
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 95
Total Download : 817
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Description : Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.


Civil Procedure

Author by : Suzanna Sherry
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 360
File Size : 42,5 Mb
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Description : Civil Procedure: The Essentials takes a "forest rather than the trees" view of the first-year Civil Procedure course. Renowned scholar-teachers Sherry and Tidmarsh distill and explain the essential elements of civil procedure in this concise, user-friendly paperback.


Civil Procedure Of The Trial Court In Historical Perspective

Author by : Robert Wyness Millar
Languange : en
Publisher by : The Lawbook Exchange, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 83
Total Download : 632
File Size : 52,8 Mb
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Description : Millar, Robert Wyness. Civil Procedure of the Trial Court in Historical Perspective. New York: Published by the Law Center of New York University for the National Conference of Judicial Councils, 1952. xvi, 534 pp. Reprint available November 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-458-4. Cloth. $95. * Reprint of a title from the Judicial Administration Series published by the National Conference of Judicial Councils. Millar [1876-1959], a professor at Northwestern University Law School, was a leading authority on civil procedure and its history. Written near the end of his career, the present study is a brilliant summary of his life's work. It discusses antecedents of the Anglo-American system, the evolution of procedure and American and English civil procedure in the nineteenth century. Other chapters discuss the development of specific areas, such as introduction of the cause, mode of trial and voluntary dismissal.


International Civil Litigation In United States Courts

Author by : Gary B. Born
Languange : en
Publisher by : Wolters Kluwer
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 739
File Size : 40,9 Mb
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Description : International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.


The Three Paths Of Justice

Author by : Neil Andrews
Languange : en
Publisher by : Springer Science & Business Media
Format Available : PDF, ePub, Mobi
Total Read : 75
Total Download : 282
File Size : 48,7 Mb
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Description : This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.


Principles Of Transnational Civil Procedure

Author by : American Law Institute
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 41
Total Download : 366
File Size : 53,8 Mb
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Description : The American Law Institute and UNIDROIT (International Institute for the Unification of Private Law) are preeminent organizations working toward the clarification and advancement of the procedural rules of law. Recognizing the need for a 'universal' set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles and Rules of Transnational Civil Procedure was launched to create a set of acceptable rules and principles that would be accepted globally. This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. As recognized standards of civil justice, Principles and Rules of Transnational Civil Procedure can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. The result is a work which significantly contributes to the promotion of a universal rule of law norm.


Two American Civil Law Systems

Author by : Joseph Dainow
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 68
Total Download : 258
File Size : 49,6 Mb
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American Civil Procedure

Author by : William Wirt Blume
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 92
Total Download : 527
File Size : 43,9 Mb
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The Historical Development Of Code Pleading In America And England

Author by : Charles McGuffey Hepburn
Languange : en
Publisher by : The Lawbook Exchange, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 88
Total Download : 188
File Size : 44,5 Mb
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Description : Hepburn, Charles M. The Historical Development of Code Pleading in America and England with Special Reference to the Codes of New York, Missouri, California, Kentucky, Iowa, Minnesota, Indiana, Ohio, Oregon, Washington, Nebraska, Wisconsin, Kansas, Nevada, North Dakota, South Dakota, Idaho, Montana, Arizona, North Carolina, South Carolina, Arkansas, Wyoming, Utah, Colorado, Connecticut, and Oklahoma. Cincinnati: W.H. Anderson & Co., 1897. xvi, 318 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. LCCN 2001050458. ISBN 1-58477-220-4. Cloth. $95. * Traces the essentials of our American code of civil procedure through the development of code pleading as influenced by common law. The evolution of the codes of civil procedure for the named states will be of interest to the student of the codes of those states.


Commentary On The Italian Code Of Civil Procedure

Author by : Simona Grossi
Languange : en
Publisher by : Oxford University Press, USA
Format Available : PDF, ePub, Mobi
Total Read : 20
Total Download : 306
File Size : 50,5 Mb
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Description : Commentary on the Italian Code of Civil Procedure is a unique and comprehensive guide to understanding the structure and functioning of the Italian Code of Civil Procedure. The book provides a reliable translation to the provisions for the implementation of the 840 articles of the Italian Code of Civil Procedure. An indispensible resource for practitioners in the field, this book provides a description of civil procedure and the translated text of the Italian Code of Civil Procedure, with an explanation of the legal terms, provisions for the implementation of the Code, and valuable commentary. The commentary and translations included in this book were prepared by Italian attorneys with extensive experience working with the Italian Code of Civil Procedure and American Civil Procedure.


German Civil Justice

Author by : Peter L. Murray
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 55
Total Download : 730
File Size : 48,5 Mb
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Description : German Civil Justice is an English-language detailed description and comparative analysis of the legal framework and practical working of the modern German civil justice system. This comprehensive work presents German civil litigation, both procedural law doctrine and actual practice, in terms relevant and understandable to readers mainly familiar with the common-law systems of England and the United States. Authors Murray and Sturner include detailed treatment of the various institutions of civil justice such as courts, judges and lawyers, discussion of the theoretical principles upon which German litigation is conducted, and a step-by-step analysis of German civil procedure, from the filing of suit to revision appeal. The work also includes coverage of specialized institutions of civil justice such as family law procedure, special streamlined warning and check procedures, execution, bankruptcy and arbitration, as well as extended treatment of German civil justice in international matters. The book concludes with a comparative analysis of the salient features of German civil litigation with Anglo-American civil justice institutions and procedures. German Civil Justice is oriented to lawyers, law professors, and law students who wish to obtain a basic understanding of the workings of the German civil justice system, current law and policy issues of that system, and how the German system compares with systems in Great Britain and the United States. The work contains abundant citations to additional sources for readers who seek more detailed knowledge of individual topics and issues. Chapter 1 of the book contains a brief overview of the system as a whole that is suitable for introductory purposes in courses with some other main focus.


The Dynamism Of Civil Procedure Global Trends And Developments

Author by : Colin B. Picker
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 43
Total Download : 334
File Size : 55,8 Mb
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Description : 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.


Civil Litigation In Turkey

Author by : Delmar Karlen
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 20
Total Download : 619
File Size : 44,8 Mb
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International Cooperation In Civil And Commercial Procedure

Author by : Canadian Inter-American Research Institute
Languange : en
Publisher by : Published under the auspices of the Canadian Inter-American Research Institute [by the] University of Ottawa Press
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 934
File Size : 47,9 Mb
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Law In The United States

Author by : Arthur T. von Mehren
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 96
Total Download : 356
File Size : 49,8 Mb
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Description : Law in the United States, Second Edition, is a concise presentation of the salient elements of the American legal system designed mainly for jurists of civil law backgrounds. It focuses on features of American law likely to be least familiar to jurists from other legal traditions, such as American common law, the federal structure of the U.S. legal system, and the American constitutional tradition. The use of comparative law technique permits foreign jurists to appreciate the American legal system in comparison with legal systems with which they are already familiar. Chapters in the second edition also cover such topics as American civil justice, criminal law, jury trial, choice of laws and international jurisdiction, the American legal profession, and the influence of American law in the global legal order.