Civil Litigation in a Globalising World

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Author: X.E. Kramer,C.H. van Rhee

Publisher: Springer Science & Business Media

ISBN: 9067048178

Category: Law

Page: 390

View: 9550

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

International Civil Litigation in United States Courts

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Author: Gary B. Born,Peter B. Rutledge

Publisher: Wolters Kluwer Law & Business

ISBN: 1454823976

Category: Law

Page: 1296

View: 914

Written by two leading scholar-practitioners in the field, International Civil Litigation in United States Courts offers a unique combination of excerpts of cases and materials, commentary, and detailed notes--in an accessible framework that integrates topics seamlessly. Much like the newly released edition of Mr. Born's International Arbitration casebook, this text promises to be the leader in its field. The Fifth Edition provides a thoroughly updated survey of the field, canvassing recent developments, such as the stream-of-commerce theory of personal jurisdiction, the immunity of government officials after Samantar , and the extraterritorial application of federal statutes after Morrison . Each chapter contains non-U.S. materials which support a comparative study of the topics covered in the book. International Civil Litigation in United States Courts features broad and inclusive coverage a manageable and transparent organization of topics extraordinary authorship that brings a wealth of experience in teaching and practice to every page integrated coverage of conflicts of laws enduring value as a reference source Updated throughout, highlights of the Fifth Edition reflect significant developments in the field: analyzes the most recent Supreme Court decisions in the field like Samantar, Morrison and the upcoming stream of commerce cases traces subsequent lower court activity following path breaking decisions like Sosa and Intel covers major legislative activity like the recent overhaul of the Foreign Sovereign Immunities Act even greater emphasis on comparative analysis of the topics covered such as jurisdiction, judgments and forum selection

The Legalist Reformation

Law, Politics, and Ideology in New York, 1920-1980

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Author: William E. Nelson

Publisher: Univ of North Carolina Press

ISBN: 0807875562

Category: Law

Page: 472

View: 8619

Based on a detailed examination of New York case law, this pathbreaking book shows how law, politics, and ideology in the state changed in tandem between 1920 and 1980. Early twentieth-century New York was the scene of intense struggle between white, Anglo-Saxon, Protestant upper and middle classes located primarily in the upstate region and the impoverished, mainly Jewish and Roman Catholic, immigrant underclass centered in New York City. Beginning in the 1920s, however, judges such as Benjamin N. Cardozo, Henry J. Friendly, Learned Hand, and Harlan Fiske Stone used law to facilitate the entry of the underclass into the economic and social mainstream and to promote tolerance among all New Yorkers. Ultimately, says William Nelson, a new legal ideology was created. By the late 1930s, New Yorkers had begun to reconceptualize social conflict not along class lines but in terms of the power of majorities and the rights of minorities. In the process, they constructed a new approach to law and politics. Though doctrinal change began to slow by the 1960s, the main ambitions of the legalist reformation--liberty, equality, human dignity, and entrepreneurial opportunity--remain the aspirations of nearly all Americans, and of much of the rest of the world, today.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

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Author: Alan Uzelac

Publisher: Springer Science & Business Media

ISBN: 331903443X

Category: Law

Page: 263

View: 4521

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.

Civil Litigation

Process and Procedures

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Author: Thomas F. Goldman,Alice Hart Hughes

Publisher: Prentice Hall

ISBN: 9780133009217

Category: Law

Page: 528

View: 6845

ALERT: Before you purchase, check with your instructor or review your course syllabus to ensure that you select the correct ISBN. Several versions of Pearson's MyLab & Mastering products exist for each title, including customized versions for individual schools, and registrations are not transferable. In addition, you may need a CourseID, provided by your instructor, to register for and use Pearson's MyLab & Mastering products. Packages Access codes for Pearson's MyLab & Mastering products may not be included when purchasing or renting from companies other than Pearson; check with the seller before completing your purchase. Used or rental books If you rent or purchase a used book with an access code, the access code may have been redeemed previously and you may have to purchase a new access code. Access codes Access codes that are purchased from sellers other than Pearson carry a higher risk of being either the wrong ISBN or a previously redeemed code. Check with the seller prior to purchase. -- This fully-updated text is designed to build the skill sets students need to succeed as members of today's civil litigation teams. CIVIL LITIGATION: PROCESS AND PROCEDURES, 2/e clearly presents legal concepts, emphasizing the details of the litigation process, critical thinking, and hands-on exercises that develop practical law office skills. Students will gain real-world procedural skills, master electronic discovery and court rules; learn how to handle ethical challenges in civil litigation practice; and develop a professional employment portfolio. This edition includes 46 video case studies that illustrate each stage of the litigation process, showing the day-to-day activities of the litigation team preparing and trying a civil case in a real world setting. Extensive assignment-related case materials and documents are provided in the text and online.

American Civil Procedure

A Guide to Civil Adjudication in US Courts

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Author: John Bilyeu Oakley,Vikram D. Amar,Vikram Amar

Publisher: Kluwer Law International B.V.

ISBN: 9041128727

Category: Law

Page: 286

View: 8583

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.

Attorney-client Privilege in Civil Litigation

Protecting and Defending Confidentiality

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Author: Vincent S. Walkowiak

Publisher: American Bar Association

ISBN: 9781590313947

Category: Law

Page: 458

View: 3610

This edition has been substantially updated, revised and expanded wih new chapters, including Sarbanes-Oxley Act of 2002, confidentiality/communications and ethical problems. This guide addresses the problems faced when representing corporate and other clients in civil litigation.

Postconviction DNA Testing

Recommendations for Handling Requests

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Author: Ronald Reinstein

Publisher: DIANE Publishing

ISBN: 0788188836

Category:

Page: 117

View: 859

A report of the National Commission on the Future of DNA Evidence to identify ways to maximize the value of DNA testing in our criminal justice system. This analysis applies DNA technology to the appeals process while recognizing the value of finality in the criminal justice system. Chapters: introduction on DNA Testing & the roles of the participants; legal issues; biological issues; recommendations for prosecutors; recommendations for defense counsel; recommendations for the judiciary; recommendations for victim assistance; recommendations for laboratory personnel; glossary; resources; state statutes on notification of victims; & sample DNA test brochure.

Civil Litigation in Comparative Context

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Author: Oscar G. Chase,Helen Hershkoff

Publisher: West Academic

ISBN: 9780314155962

Category: Law

Page: 607

View: 4869

This collection of edited readings introduces the varieties of litigation systems in use in different modern states. It opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover the organization of courts and the legal profession, the role of the attorney and the judge, the processes of learning and proving facts, short cuts to judgment and provisional remedies, the appellate process, enforcement of judgments, and the prospects for convergence and harmonization. The book can be used as (i) an adjunct to an introductory civil procedure course; (ii) the text for an upper-class seminar in comparative procedure; and (iii) as a supplement to the existing general comparative law casebooks.

Civil Procedure of the Trial Court in Historical Perspective

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Author: Robert Wyness Millar

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584774584

Category: History

Page: 534

View: 1868

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.

Annotated Code of Civil Procedure of the State of New York as in Force July 1, 1886

With Copious Notes Containing Full Abstracts of the Adjudications and Copies Of, Or References To, All Other Statutes Relating to the Subject of Civil Procedure : to the Close of the Legislative Session of 1886 : Also Numerous Useful Tables and Appendices

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Author: New York (State)

Publisher: N.A

ISBN: N.A

Category: Civil procedure

Page: 1396

View: 3801

International Commercial Arbitration in New York

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Author: James H. Carter,John Fellas

Publisher: Oxford University Press, USA

ISBN: 0195375629

Category: Law

Page: 672

View: 5289

New York is a leading venue for international commercial arbitration, home to the headquarters for the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms' central offices. International Commercial Arbitration in New York focuses on the distinctive aspects of international arbitration in New York. Serving as an essential strategic guide, this book allows practitioners to represent clients more effectively in cases where New York is implicated as either the place of arbitration or evidence or assets are located in New York. This collaborative work boasts contributors of pre-eminent stature in the arbitration field. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, and obtaining preliminary relief and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators is also included, making this a comprehensive, valuable resource for practitioners. This new in paperback edition provides a Preface prepared by the editors that briefly discusses several developments in the field of arbitration in New York since the publication of the hardback version in 2010. It also contains in Appendix 6.1, the International Chamber of Commerce ("ICC") Rules of Arbitration (In force as from January 1, 2012).

Forensic Psychology and Neuropsychology for Criminal and Civil Cases

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Author: Harold V. Hall

Publisher: CRC Press

ISBN: 0849381843

Category: Law

Page: 992

View: 462

Greater Understanding, Better Evaluations Today's increasingly sophisticated psychological and neuropsychological assessments allow for greater understanding and evaluations in forensic psychology. By integrating discussions of modern psychological and neuropsychological tests with extant civil and criminal cases, this book presents a unique resource for insight into the impact of modern behavioral science on the legal system. Foundational, Criminal, and Civil Issues Divided into three parts, this timely compilation of articles from national and international experts begins with foundational issues such as the legal, ethical, and applied aspects of mitigation evaluations. It examines violence prediction and risk analysis, violence in the family, and the detection of malingering and deception in forensic evaluations. Part 2 looks at the psychological issues found in criminal forensic evaluation. This section discusses assessments of competence to stand trial, mitigatory defenses, and hostage negotiation, as well as the psychological impact of officer-involved shootings. The final part focuses on neuropsychological evaluation as it is relevant to civil cases including worker’s compensation, malingered pain and memory deficits, and parental assessment in child maltreatment cases. Template Case Studies Providing several full case studies in more than a dozen appendices, this book addresses both psychological and neuropsychological concepts in the context of the legal system and allows for a practical understanding and application of behavioral, legal, and ethical issues in civil and criminal cases.

Casenote Legal Briefs for Civil Procedure, Keyed to Friedenthal, Miller, Sexton, and Hershkoff

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Author: Casenote Legal Briefs

Publisher: Aspen Publishers

ISBN: 1543803644

Category: Law

Page: 240

View: 4108

After your casebook, a Casenote Legal Brief is your most important reference source for the entire semester. Expert case studies and analyses and quicknote definitions of legal terms help you prepare for class discussion. Here is why you need Casenote Legal Briefs to help you understand cases in your most difficult courses: Each Casenote includes expert case summaries, which include the black letter law, facts, majority opinion, concurrences, and dissents, as well as analysis of the case. There is a Casenote for you! With dozens of Casenote Legal Briefs, you can find the Casenote to work with your assigned casebook and give you the extra understanding of all cases Casenotes in 1L subjects include a Quick Course Outline to help you understand the relationships between course topics.

Practice of International Litigation - Second Edition

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Author: Lawrence W. Newman,Michael Burrows

Publisher: Juris Publishing, Inc.

ISBN: 1929446349

Category: Law

Page: 1400

View: 8074

A practice-oriented guide for any lawyer involved in litigation or arbitration in the United States but who faces issues that go beyond its borders. Both international litigation and arbitration are extensively covered in this work. The chapters revolve around the practical problems which face the litigator - service of proceedings, discovery, the obtaining of evidence and enforcement of judgments and awards. In addition, some important topics in substantive law are addressed.