civil procedure concepts and insights

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Complex Litigation

Author : Jay Tidmarsh
ISBN : 1566628857
Genre : Law
File Size : 60. 59 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.

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

Author : Martina Bajčić
ISBN : 9789027266002
Genre : Language Arts & Disciplines
File Size : 79. 26 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.

The Aals Directory Of Law Teachers

Author :
ISBN : STANFORD:36105063922863
Genre : Law teachers
File Size : 67. 20 MB
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Civil Procedure

Author : Samuel Issacharoff
ISBN : 1599415356
Genre : Law
File Size : 44. 27 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.

The Biography Of A Legal Dispute

Author : Marc A. Franklin
ISBN : 0882774085
Genre : Law
File Size : 67. 32 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.

Florida Civil Procedure

Author : LUCAS
ISBN : 1454856505
Genre :
File Size : 48. 3 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

Fundamentals Of Civil Procedure 2005 Ed

Author :
ISBN : 9712343324
Genre :
File Size : 80. 76 MB
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Cases And Materials On Civil Procedure

Author : David Crump
ISBN : 9781579110680
Genre : Law
File Size : 82. 52 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.

The Dynamism Of Civil Procedure Global Trends And Developments

Author : Colin B. Picker
ISBN : 9783319219813
Genre : Law
File Size : 71. 56 MB
Format : PDF
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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.

Transnational Civil Litigation

Author : George Rutherglen
ISBN : 1634595009
Genre :
File Size : 67. 3 MB
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This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

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