Author: Defense Research Institute
Author: Defense Research Institute
die Beteiligung von Laien in der amerikanischen und deutschen zivilen Gerichtsbarkeit
Author: Andreas Müller
Publisher: Peter Lang Pub Incorporated
View: 3406Vor dem Hintergrund der Harmonisierung von Rechtsvorschriften innerhalb der Europaischen Union, insbesondere auch der Bildung eines einheitlichen Gerichtsapparates als wichtiger Saule fur ein politisches Zusammenwachsen der verschiedenen Staaten, befasst sich diese Arbeit mit der Beteiligung von Laien im amerikanischen Zivilprozess und vergleicht diese mit dem deutschen Laienrichtersystem. Die Beteiligung von Laien in Verfahren der zivilen Gerichtsbarkeit ist in den USA und in Deutschland allerdings sehr unterschiedlich ausgestaltet. Hat es daher Vorteile, Laien in einem zivilen Gerichtssystem zu beteiligen und sollte eine solche Laienbeteiligung vorzugsweise nach amerikanischem oder nach deutschem Muster gestaltet werden? Die Arbeit beantwortet diese Frage letztendlich nicht, sondern versucht, anhand der Beschreibung des amerikanischen Modells Antworten zu geben."
The Convergence of Forces
Author: Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta
Publisher: Edward Elgar Publishing
View: 7023With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici
A Strategic Guide Outlining The Anatomy Of A Trial
Author: Tyler G. Draa,Doris Cheng,Maureen Harrington,Franklin E. Bondonno
Publisher: Balcony 7 Media and Publishing
View: 7356Every case cited in this legacy law eBook is linked to the source and it also contains over 300 links to statutory authorities for all 50 states, making it suitable for a nationwide audience. These invaluable references are available at the touch of your fingertips as you prepare for, or learn about, critical strategies for key civil trial procedures. Mastering the Mechanics of Civil Jury Trials is THE eBook for law students, practicing attorneys, and all who are interested in law. Written by a veritable dream team of civil litigators, one a sitting judge, and all among the top-rated attorneys in the state of California, it’s endorsed by a Who’s Who of star attorneys, Bar associations, and universities due to the full color of real cases versus the black and white limitations of textbook study. Tyler G. Draa et al. are paying it forward with #LegacyLaw. The sequential mechanics of plaintiff or defendant representation is laid out clearly, with practice and planning in mind, gleaned from decades of real practice, including judicial comments throughout, covering: Reconnaissance; Pre-Trial Management; Voir Dire; Motions; Evidence; Cross and Direct Examination; Settlements; Arguments; and every step in between that should be but is not taught in law schools. Numerous legal references apply, enhanced by exhaustively comprehensive state-by-state Appendices listing statutory rulings covering important aspects of trial, including: Peremptory Challenges; Evidentiary Hearings; Jury Instructions; Computer Animation & Other Simulations; Statutes Mirroring CCP 776; and Impeaching Experts With Learned Treatises. In true pay-it-forward fashion, a portion of author proceeds are designated to continuing education organizations and charitable causes.
Author: William P. McLauchlan
Publisher: Oxford University Press
View: 6688In The Indiana State Constitution, William P. McLauchlan provides an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of Indiana's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its initial drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of Indiana's constitution. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
trends in jury trials and verdicts in California and Cook County, Illinois
Author: Mark A. Peterson,Rand Corporation
Publisher: Rand Corp
View: 5472This report extends earlier efforts to document and analyze the outcomes produced by the civil justice system based on studies of civil jury trials in Cook County, Illinois, and San Francisco County, California. First, the report updates the earlier work by incorporating data for the years 1980 through 1984. Second, it expands the scope of the study to include the entire state of California. Past patterns in jury awards continued in Cook County during the 1980s: The size of most jury awards did not increase (the median actually fell), but large jury awards, and therefore the average, increased sharply. The pattern that prevailed in both jurisdictions during the 1960s and 1970s, however, changed in San Francisco: There was a substantial increase in the size of awards during the 1980s across the entire range of cases tried in state and federal courts. Unlike past findings, the increase was not restricted to a few very large awards. The average award increased as in previous years, but median awards also increased to triple the median of the late 1970s.
Author: Bryant G. Garth,Austin Sarat
Publisher: Northwestern University Press
View: 3059The question of how law matters has long been fundamental to the law and society field. Social science scholarship has repeatedly demonstrated that law matters less, or differently, than those who study only legal doctrine would have us believe. Yet research in this field depends on a belief in the relevance of law, no matter how often gaps are identified. The essays in this collection show how law is relevant in both an instrumental and a constitutive sense, as a tool to accomplish particular purposes and as an important force in shaping the everyday worlds in which we live. Essays examine these issues by focusing on legal consciousness, the body, discrimination, and colonialism as well as on more traditional legal concerns such as juries and criminal justice.
Psychology in the Courtroom
Author: Daniel A. Krauss
View: 9719The first of a two-volume set on the Psychology of the Courtroom, Jury Psychology: Social Aspects of Trial Processes offers a definitive account of the influence of trial procedures on juror decision-making. A wide range of topics are covered including pre-trial publicity and inadmissible evidence, jury selection, jury instruction, and death penalty cases, as well as decision-making in civil trials. In addition, a number of global issues are discussed, including procedural justice issues and theoretical models of juror decision-making. Throughout the volume the authors make recommendations for improving trial procedures where jurors are involved, and they discuss how the problems and potential solutions are relevant to courts around the world.
Author: Stephen C. Yeazell,Joanna C. Schwartz
Publisher: Wolters Kluwer Law & Business
View: 8747Civil Procedure is written by one of the leading voices on Procedure, Stephen Yeazell, who for this Ninth Edition is joined by his colleague Joanna Schwartz. Yeazell and Schwartz employ a pedagogical style that offers flexible organization at a manageable length. The book gives students a working knowledge of the procedural system and introduces the techniques of statutory analysis. The cases selected are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that most procedural disputes present clear-cut issues.
A Reference Guide
Author: Dan Friedman
Publisher: Greenwood Publishing Group
View: 9856This volume provides a clear and succinct analysis of the history and interpretation of each provision of the Maryland state constitution and declaration of rights.
Author: Allan Maconochie (lord Meadowbank.)
Northern/Central California Civil Jury Trials
Category: Personal injuries
Assessing the Civil Jury System
Author: Robert E. Litan
Publisher: Brookings Institution Press
View: 4699The right to a jury trial is a fundamental feature of the American justice system. In recent years, however, aspects of the civil jury system have increasingly come under attack. Many question the ability of lay jurors to decide complex scientific and technical questions that often arise in civil suits. Others debate the high and rising costs of litigation, the staggering delay in resolving disputes, and the quality of justice. Federal and state courts, crowded with growing numbers of criminal cases, complain about handling difficult civil matters. As a result, the jury trial is effectively being challenged as a means for resolving disputes in America. Juries have been reduced in size, their selection procedures altered, and the unanimity requirement suspended. For many this development is viewed as necessary. For others, it arouses deep concern. In this book, a distinguished group of scholars, attorneys, and judges examine the civil jury system and discuss whether certain features should be modified or reformed. The book features papers presented at a conference cosponsored by the Brookings Institution and the Litigation Section of the American Bar Association, together with an introductory chapter by Robert E. Litan. While the authors present competing views of the objectives of the civil jury system, all agree that the jury still has and will continue to have an important role in the American system of civil justice. The book begins with a brief history of the jury system and explains how juries have become increasingly responsible for decisions of great difficulty. Contributors then provide an overview of the system's objectives and discuss whether, and to what extent, actual practice meets those objectives. They summarize how juries function and what attitudes lawyers, judges, litigants, former jurors, and the public at large hold about the current system. The second half of the book is devoted to a wide range of recommendations that will both improve citizens' access to jury determinations and help resolve disputes in a more effective and efficient manner. Among their many suggestions, the authors call for changes in trial procedures and techniques that would improve the ability of jurors to understand the lay and evidence, a reduction in administrative costs and delays, and a change in they way juries are chosen. The authors also recommend shorter hours and more pay for jurors, greater flexibility in court schedules, and elimination of alternate jurors. In the final chapter the civil jury is considered in the broader context of how society resolves or manages civil disputes.
Author: Andreas Schmidt
Publisher: Mohr Siebeck
View: 1011English summary: The enforceability of claims arising from an insurance contract depends largely on whether or not it is possible for the insured to prove the occurrence of the insurance contingency in a court of law. The legal systems in Germany, the USA and England have developed some similar and some different devices to obtain fair outcomes. German description: Andreas Schmidt behandelt ein Thema an der Schnittstelle von Zivilprozessrecht und Privatversicherungsrecht, das sowohl von rechtstheoretischem Interesse als auch von zentraler Bedeutung fur die versicherungsprozessuale Praxis ist. Er beginnt seine rechtsvergleichende Untersuchung bei den Grundlagen des Beweisrechts Deutschlands, der USA und Englands und ordnet den Beweis des Versicherungsfalls im Versicherungsvertragsrecht in diese Grundstruktur ein. Anschliessend erortert er die Ansatze der unterschiedlichen Rechtsordnungen hinsichtlich Vertragsauslegung, Grenzen der Parteiautonomie bei der Formulierung von Versicherungsbedingungen und Schaffung beweisrechtlicher Sonderregeln im Allgemeinen wie auch im Kontext konkreter Beweisprobleme in verschiedenen Versicherungssparten. Dabei treten Parallelen, aber auch Unterschiede im Prozessverstandnis und in den Gerechtigkeitsvorstellungen zutage.
The Right to a Jury Trial
Author: Kathy Furgang
Publisher: The Rosen Publishing Group, Inc
Category: Juvenile Nonfiction
View: 729Looks at the Seventh Amendment to the U.S. constitution, examining the state of the world before it was passed, how it came to be passed, and how the right to a jury trial has been handled over the years.
The Seventh Amendment and Anglo-American Special Juries
Author: James Oldham
Publisher: NYU Press
View: 5848While the right to be judged by one's peers in a court of law appears to be a hallmark of American law, protected in civil cases by the Seventh Amendment to the Constitution, the civil jury is actually an import from England. Legal historian James Oldham assembles a mix of his signature essays and new work on the history of jury trial, tracing how trial by jury was transplanted to America and preserved in the Constitution. Trial by Jury begins with a rigorous examination of English civil jury practices in the late eighteenth century, including how judges determined one's right to trial by jury and who composed the jury. Oldham then considers the extensive historical use of a variety of “special juries,” such as juries of merchants for commercial cases and juries of women for claims of pregnancy. Special juries were used for centuries in both English and American law, although they are now considered antithetical to the idea that American juries should be drawn from jury pools that reflect reasonable cross-sections of their communities. An introductory overview addresses the relevance of Anglo-American legal tradition and history in understanding America's modern jury system.