American Civil Procedure

Author: John Bilyeu Oakley
Publisher: Kluwer Law International
ISBN: 9041128727
Format: PDF, ePub, Mobi
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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.

Failures of American Civil Justice in International Perspective

Author: James R. Maxeiner
Publisher: Cambridge University Press
ISBN: 1139504894
Format: PDF, ePub
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Civil justice in the United States is neither civil nor just. Instead it embodies a maxim that the American legal system is a paragon of legal process which assures its citizens a fair and equal treatment under the law. Long have critics recognized the system's failings while offering abundant criticism but few solutions. This book provides a comparative-critical introduction to civil justice systems in the United States, Germany and Korea. It shows the shortcomings of the American system and compares them with German and Korean successes in implementing the rule of law. The author argues that these shortcomings could easily be fixed if the American legal systems were open to seeing how other legal systems' civil justice processes handle cases more efficiently and fairly. Far from being a treatise for specialists, this book is an introductory text for civil justice in the three aforementioned legal systems.

Supreme Courts in Transition in China and the West

Author: Cornelis Hendrik (Remco) van Rhee
Publisher: Springer
ISBN: 3319523449
Format: PDF, Docs
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This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.

The Process is the Punishment

Author: Malcolm M. Feeley
Publisher: Russell Sage Foundation
ISBN: 1610442016
Format: PDF
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It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal “due process” is preferred by all of the court’s participants, and especially by defendants. Moreover, he argues, “it is not all clear that as a group defendants would be better off in a more ‘formal’ court system,” since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney’s fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut’s, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to “teach the defendant a lesson.” In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more “just” than they are usually given credit for being. “... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies.”— Barry Mahoney, Institute for Court Management, Denver “It is grounded in a firm grasp of theory as well as thorough field research.”—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women.”—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal

The State and Federal Courts A Complete Guide to History Powers and Controversy

Author: Christopher P. Banks
Publisher: ABC-CLIO
ISBN: 1440841462
Format: PDF, Mobi
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How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. • Presents a broad and detailed perspective on law and politics that enables students and laypeople to analyze the judicial process and the role that state and federal courts play in American society • Comprehensively surveys the myriad contemporary issues of law and politics that affect the scope and application of social and public policies • Supplies selected primary source documents that give readers the opportunity to view key judicial documents firsthand • Includes a glossary of terms and annotated bibliography that facilitate a complete comprehension of the organization, structure, and politics of state and federal courts

Learning Civil Procedure

Author: Jeffrey Stempel
Publisher: West Academic Publishing
ISBN: 9781683288626
Format: PDF
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Learning Civil Procedure provides a broad, student-centered, user-friendly approach to civil procedure that is both clear and sophisticated. Students build mastery of the material through the presentation of examples and analyses. Students then move on to involved problems similar to what they will encounter on final examinations, bar examinations, and as lawyers. The book makes great use of problems to facilitate dialogue in class and correspondingly uses many fewer case excerpts than does the typical casebook. Students will emerge as competent and culturally literate lawyers because the book also includes the core "canon" of civil procedure opinions as well as sufficient historical background. Learning Civil Procedure is a book designed by authors who both teach and litigate, making it the perfect tool for ensuring that students are ready for the classroom, the bar exam, and real-world litigation practice.

The Nature of the Judicial Process

Author: Benjamin Nathan Cardozo
Publisher: Yale University Press
ISBN:
Format: PDF
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In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.

A Guide to Federal Agency Adjudication

Author: Michael Asimow
Publisher: American Bar Association
ISBN: 9781590311288
Format: PDF, Mobi
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