Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Title Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems PDF eBook
Author Alan Uzelac
Publisher Springer Science & Business Media
Pages 262
Release 2014-01-11
Genre Law
ISBN 331903443X

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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.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems
Title Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems PDF eBook
Author Alan Uzelac
Publisher Springer
Pages 0
Release 2014-01-22
Genre Law
ISBN 9783319034423

Download Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems Book in PDF, Epub and Kindle

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 Management Manual

Civil Litigation Management Manual
Title Civil Litigation Management Manual PDF eBook
Author
Publisher
Pages 220
Release 2010
Genre Costs (Law)
ISBN

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Federal Rules of Court

Federal Rules of Court
Title Federal Rules of Court PDF eBook
Author
Publisher
Pages
Release 2021
Genre Court rules
ISBN 9781663319005

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Judging Civil Justice

Judging Civil Justice
Title Judging Civil Justice PDF eBook
Author Hazel G. Genn
Publisher Cambridge University Press
Pages 229
Release 2010
Genre Law
ISBN 0521118948

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A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.

Civil Justice in Crisis

Civil Justice in Crisis
Title Civil Justice in Crisis PDF eBook
Author A. A. S. Zuckerman
Publisher Oxford University Press on Demand
Pages 485
Release 1999
Genre Law
ISBN 9780198298335

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A sense of crisis in the administration of civil justice is present in many countries. Delays and high costs render access to the civil courts either useless or prohibitively expensive or both. The crisis takes different forms. In some jurisdictions the problems lie in high and unpredictable costs but in others there are overcrowded courts and exorbitant delays. Those interested in civil justice will be familiar with their own system but they will seldom have knowledge of other systems and these essays, written by leading experts in the field, survey different systems of civil justice from other jurisdictions. An understanding of other systems will enrich the reform discussions in which each country by drawing attention to common problems, to their roots, to the solutions tried and, above all, to the consequences (for better or for worse) of reform. Civil Justice in Crisis shows that we can learn from others' success but that we may find their failures even more instructive.

English Civil Justice after the Woolf and Jackson Reforms

English Civil Justice after the Woolf and Jackson Reforms
Title English Civil Justice after the Woolf and Jackson Reforms PDF eBook
Author John Sorabji
Publisher Cambridge University Press
Pages 283
Release 2014-06-26
Genre Law
ISBN 1107051665

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John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.