CIVIL PROCEDURE CONCEPTS INSIGHTS

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Complex Litigation

Author : Jay Tidmarsh
ISBN : 1599410656
Genre : Law
File Size : 34.50 MB
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Thoroughly rewritten to account for important developments, the second edition explains the concepts of complex litigation and provides insights into the procedural techniques used to resolve intractable problems of large-scale litigation. Topics covered include aggregation (class actions, multidistrict litigation, and other devices), pretrial and trial, and remedial issues. The book helps students to review and study for courses in Complex Civil Litigation or Advanced Civil Procedure, and also serves as a reference book for students once they are in practice.
Category: Law

New Insights Into The Semantics Of Legal Concepts And The Legal Dictionary

Author : Martina Bajčić
ISBN : 9789027266002
Genre : Language Arts & Disciplines
File Size : 62.97 MB
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This book focuses on legal concepts from the dual perspective of law and terminology. While legal concepts frame legal knowledge and take center stage in law, the discipline of terminology has traditionally been about concept description. Exploring topics common to both disciplines such as meaning, conceptualization and specialized knowledge transfer, the book gives a state-of-the-art account of legal interpretation, legal translation and legal lexicography with special emphasis on EU law. The special give-and-take of law and terminology is illuminated by real-life legal cases which demystify the ways courts do things with concepts. This original approach to the semantics of legal concepts is then incorporated into the making of a legal dictionary, thus filling a gap in the theory and practice of legal lexicography. With its rich repertoire of examples of legal terms in different languages, the book provides a blend of theory and practice, making it a valuable resource not only for scholars of law, language and lexicography but also for legal translators and students.
Category: Language Arts & Disciplines

Civil Procedure

Author : Samuel Issacharoff
ISBN : 1599415356
Genre : Law
File Size : 36.56 MB
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This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.
Category: Law

Cases And Materials On Civil Procedure

Author : David Crump
ISBN : 9781579110680
Genre : Law
File Size : 79.94 MB
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The Sixth Edition includes new landmark cases and reflects recent changes in procedural rules and practice. While essentially a traditional casebook organized along the lines of the events in a lawsuit, this new edition of Cases and Materials on Civil Procedure retains the unique features that have made prior editions a success, including: • "Chapter Summary Problems" - optional comprehensive problems requiring the student to "put the chapter together" and apply to the problems the material addressed in the chapter • "Improving the System" sections challenging students to think more deeply about cutting-edge issues • Litigation documents showing actual litigation sequences, including the motion for summary judgment in Jones v. Clinton and excerpts from the jury selection, the court's charge, and the final arguments in Pennzoil Co. v. Texaco, Inc. • "How to Read This Case" notes precede particularly difficult cases • Traditional federal materials are supplemented with an introduction to differing practices of three benchmark states: California and Texas • A chapter devoted to Alternative Dispute Resolution methods Cases and Materials on Civil Procedure is supplemented annually. A comprehensive Teacher's Manual is available to professors. Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here. This eBook features links to Lexis Advance for further legal research options.
Category: Law

Friedman S Practice Series Civil Procedure

Author : Friedman
ISBN : 9780735586192
Genre : Law
File Size : 49.13 MB
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Friedman's Practice Series is keyed to exam preparation with real law school essay exams, model answers, multiple choice questions and academic analysis, and offers students insights into writing essay exams in core courses. Features: Real law school essay exams from top law schools Multiple-choice questions with model answers Professor analysis of multiple-choice questions Student insight into writing essay exams
Category: Law

Florida Civil Procedure

Author : LUCAS
ISBN : 1454856505
Genre :
File Size : 21.84 MB
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Presenting the U. S. juvenile justice system in a logical, chronological format, Juvenile Justice provides the most recent and detailed information about a broad range of topics. The balanced presentation gives key insights from political science, public administration, sociology, criminology, and criminal justice as well as the important historical backdrop. Carefully dealing with all the major processing points and agencies, Juvenile Justice covers all the pressing issues that are confronted within the contemporary system. This text is available in ebook format from the VitalSource Store. To download and use the ebook, you will need the free VitalSource Bookshelf software. DOWNLOAD NOW An engaging and realistic vignette opens each chapter to stimulate thinking and classroom discussion, and its implications are woven throughout the chapter. The exceedingly readable narrative explains basic terms and concepts along with valuable historical background. Three themes, woven throughout the materials, given students a solid understanding: the role of theory as a tool to describe, understand, predict and control delinquency; how appreciating the historical background can give insight into future practices; and the importance of globalization in a world increasingly interconnected by the Internet and social media― international perspectives are included in every chapter. Critical thinking questions at the end of each chapter can be used for classroom discussions, small group exercises, or individual review. Key terms, defined in the margins, and a comprehensive glossary help students learn and review terminology. Juvenile Justice is accompanied by an extensive Instructor's Manual, which provides the teacher with ancillary material as well as a perspective on the organization and content of each chapter, with a full Test Bank. Thoroughly updated, the revised Third Edition addresses the latest trends in juvenile justice, supported by the most recent data sources available. The cutting-edge chapter on non-delinquent children in the juvenile justice system (dependent, neglected, and abused children) has been substantially updated. The delinquency prevention chapter has been updated to include a results-based review of programming that works, as well as an expanded treatment of the federal government's role in providing leadership in this critical part of juvenile justice. The notable chapter on gangs has been expanded to a broader discussion of juvenile violence across the board. Hallmark features of Juvenile Justice Explores U.S. juvenile justice system in a logical, chronological format Provides the most recent and detailed information about the system Deals with all the major processing points, agencies, and issues Explains basic terms and concepts with valuable historical background Compelling vignette opens each chapter stimulates understanding reinforces basic concepts encourages class discussions Three themes engage students throughout: The role of theory to describe, understand, predict and control delinquency Historical background gives insights into future practices in juvenile justice International perspective for people interconnected by the Internet, social media
Category:

International Dispute Resolution

Author : Vesna Lazić
ISBN : 9789462652521
Genre : Law
File Size : 42.83 MB
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The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div
Category: Law

The Dynamism Of Civil Procedure Global Trends And Developments

Author : Colin B. Picker
ISBN : 9783319219813
Genre : Law
File Size : 77.8 MB
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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.
Category: Law