Fundamental Principles Of Civil Procedure
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|Author||: C. H. Van Rhee,A. Uzelac|
|Total Pages||: 380|
Download Evidence in Contemporary Civil Procedure Book in PDF, Epub and Kindle
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||: Bridget Cullen,Bridget Cullen Mandikos|
|Publsiher||: Lawbook Company|
|Total Pages||: 195|
|Genre||: Civil procedure|
Download Nutshell Book in PDF, Epub and Kindle
The essence of the law....Lawbook Co. Nutshells are the essential revision tool: they provide a concise outline of the principles for each of the major subject areas within undergraduate law. Written in clear, straight-forward language, the authors explain the principles, and highlight key cases and legislative provisions for each subject.
|Author||: Mark J. Rankin,David Bamford|
|Total Pages||: 412|
|Genre||: Actions and defenses|
Download Principles of Civil Litigation Book in PDF, Epub and Kindle
This edition has been updated to include significant developments the previous edition along with completely new chapters on trials. It serves a growing interest in the workings of the civil justice system by providing a better understanding of how civil litigation works today. It helps better understand the functions of procedural tools and it suggests possible directions for the future.
|Author||: Sonya Willis,Don K. Philpot|
|Total Pages||: 462|
Download Civil Procedure Book in PDF, Epub and Kindle
Civil Procedure examines the fundamental principles and concepts of this area of law. Written by a lecturer with many years experience as a practising lawyer, this book aims to provide an accessible yet comprehensive text for Australian students. Civil Procedure analyses many relevant cases and legislation and systematically discusses and clarifies the complexities within this discipline. It also highlights the Court hierarchy and legislative frameworks for all Australian States and Territories. Part A introduces civil procedure and covers the chronological progress of civil litigation from precursors to litigation right through to judgment and appeals. It includes explanations of case management, commencing proceedings, pleading, documentary processes, privilege, preparation of witness evidence and trial itself./div Part B covers special topics in civil procedure and concepts which arise throughout litigation. It explains interactions with the court, summary disposition, legal costs, settlement, alternative dispute resolution and specialist courts and tribunals. An excellent resource for law students, Civil Procedure provides visual summaries in the form of flow charts, and each chapter includes key concepts and end-of-chapter discussion questions, further reading and useful websites and links. It also introduces students to key examinable areas, legal style essays, problems and assessment.
|Author||: Bernard C. Cairns|
|Total Pages||: 1096|
|Genre||: Civil procedure|
Download Australian Civil Procedure Book in PDF, Epub and Kindle
Australian Civil Procedure maintains its standing as Australia's most authoritative work in its field. With its detailed analysis of the law and its scholarly discussion of issues, this work provides a comprehensive treatment of the civil justice system in Australia.
|Author||: Joe McIntyre|
|Publsiher||: Springer Nature|
|Total Pages||: 304|
Download The Judicial Function Book in PDF, Epub and Kindle
Judicial systems are under increasing pressure: from rising litigation costs and decreased accessibility, from escalating accountability and performance evaluation expectations, from shifting burdens of case management and alternative dispute resolution roles, and from emerging technologies. For courts to survive and flourish in a rapidly changing society, it is vital to have a clear understanding of their contemporary role – and a willingness to defend it. This book presents a clear vision of what it is that courts do, how they do it, and how we can make sure that they perform that role well. It argues that courts remain a critical, relevant and supremely well-adjusted institution in the 21st century. The approach of this book is to weave together a range of discourses on surrounding judicial issues into a systemic and coherent whole. It begins by articulating the dual roles at the core of the judicial function: third-party merit-based dispute resolution and social (normative) governance. By expanding upon these discrete yet inter-related aspects, it develops a language and conceptual framework to understand the judicial role more fully. The subsequent chapters demonstrate the explanatory power of this function, examining the judicial decision-making method, reframing principles of judicial independence and impartiality, and re-conceiving systems of accountability and responsibility. The book argues that this function-driven conception provides a useful re-imagining of some familiar issues as part of a coherent framework of foundational, yet interwoven, principles. This approach not only adds clarity to the analysis of those concepts and the concrete mechanisms by which they are manifest, but helps make the case of why courts remain such vital social institutions. Ultimately, the book is an entreaty not to take courts for granted, nor to readily abandon the benefits they bring to society. Instead, by understanding the importance and legitimacy of the judicial role, and its multifaceted social benefits, this books challenge us to refresh our courts in a manner that best advances this underlying function.