CIVIL PROCEDURE CONCEPTS INSIGHTS

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

Author : Martina Bajčić
ISBN : 9789027266002
Genre : Language Arts & Disciplines
File Size : 26.84 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

Business Law And The Regulation Of Business

Author : Richard Mann
ISBN : 9780324537130
Genre : Education
File Size : 21.9 MB
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Praised by students for its accurate and straightforward coverage of the law, BUSINESS LAW AND THE REGULATION OF BUSINESS illustrates how legal concepts can be applied to common business situations. All of the cases have the facts and decision summarized for clarity, while the opinion is edited to preserve the language of the court. Both landmark and current cases are included. Portions of the text covering commonly tested areas on the CPA exam are marked to help you succeed on the exam. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
Category: Education

Complex Litigation

Author : Jay Tidmarsh
ISBN : 1566628857
Genre : Law
File Size : 59.97 MB
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Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.
Category: Law

The Dynamism Of Civil Procedure Global Trends And Developments

Author : Colin B. Picker
ISBN : 9783319219813
Genre : Law
File Size : 52.9 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

International Dispute Resolution

Author : Vesna Lazić
ISBN : 9789462652521
Genre : Law
File Size : 49.29 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

Civil Procedure

Author : Samuel Issacharoff
ISBN : 1599415356
Genre : Law
File Size : 81.99 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

The Biography Of A Legal Dispute

Author : Marc A. Franklin
ISBN : 0882774085
Genre : Law
File Size : 50.93 MB
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Detailed and informed selection of cases illustrating the development of the body of law surrounding a legal dispute. All cases are accompanied by text and explanatory materials. Section titles discuss: A Grievance Arises; Retaining an Attorney; Identifying the Relevant Law; Researching the Law; Choosing a Court System; Commencing the Action; Mechanics of Service; An Important Digression; The Defendant's Turn; Choosing a Defense; Pre-Trial Activities; A Jury is Chosen and the Trial Begins; The Plaintiff's Case; The Plaintiff Testifies; The Defendant's Case; The Case Goes to Jury; Trial Without Jury; The Judge Agrees with the Jury; and The Appellate Structure.
Category: Law