Evidence in Contemporary Civil Procedure

Evidence in Contemporary Civil Procedure PDF

Author: C. H. van Rhee

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781780683386

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Since the start of the new millennium, many contemporary legal jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected, and presented in court. In the field of evidence taking, one generator of the reforms has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and the need to adjudicate disputes in a swift, cost-effective, and efficient way is still one of the key challenges. Another reason why many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. Traditional human rights (such as the right to privacy and due process) is shifting. The modern need for security, efficiency, and quick access to justice, along with the perception of what is admissible or not in the context of evidence taking, is changing as well. In the same sense, the fast pace of modern life commands different practices of fact-finding, accompanied by new methods of selection of evidence that are appropriate for this purpose. Last but not least, the overwhelming penetration of new technologies into all spheres of public and private life has the capacity to dramatically change the methods of the collection and presentation of evidence. Exploring these issues, contributors to this book reflect on how these trends affect the situation in their countries and present their views on further developments, both nationally and in comparison with the developments in other countries and regions. A further goal is to inquire whether, in spite of national differences that are still dominant, the approaches to civil evidence are converging, and whether reforms affecting fact-finding have a chance of leading to some forms of harmonization. (Series: Ius Commuen Europaeum - Vol. 139) Subject: Legal Procedure, Civil Law, Comparative Law]

Civil Procedure

Civil Procedure PDF

Author: A. Benjamin Spencer

Publisher: West Academic Publishing

Published: 2008

Total Pages: 1000

ISBN-13:

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This second edition incorporates the restyled federal rules of civil procedure and the Supreme Court's modification of civil pleading standards in Bell Atlantic v. Twombly. The casebook features a novel visual display and layout that uses text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, useful information for students, and thought-provoking questions. A major distinguishing feature of the book is its inclusion of an accompanying electronic version with extensive hyperlinks to Westlaw versions of legal materials, Black's Law Dictionary definitions, supplementary online resources, and more.

Twenty-First Century Procedure

Twenty-First Century Procedure PDF

Author: Christopher B. Mueller

Publisher: Aspen Publishing

Published: 2017-03-12

Total Pages: 1465

ISBN-13: 145488715X

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Twenty-First Century Procedure, Second Edition presents the major themes of U.S. civil litigation – the adversary system, our dedication to the use of juries in civil cases, our American brand of federalism and its impact on the judicial system and litigation generally, and the relatively recent development of managerial judging – for an introductory course on civil procedure. With its contemporary perspective, Twenty-First Century Procedure includes discussion of modern problems, such as E-discovery and the requirement of careful scrutiny during the certification stage of class suits. The skillful pedagogy evident throughout the book is designed to provide context for the understanding of doctrines and issues, and to stimulate classroom discussion. Expository text introduces students to the issues, followed by carefully edited cases that resolve some of the more important isssues, practical Problems, and Notes and Questions that aid the process of analysis. Pictures and sidebars provide additional context and pique student interest. A statutory supplement is published annually.

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems

Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems PDF

Author: Alan Uzelac

Publisher: Springer Science & Business Media

Published: 2014-01-11

Total Pages: 262

ISBN-13: 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.

Civil Procedure

Civil Procedure PDF

Author: Stephen C. Yeazell

Publisher: Aspen Publishing

Published: 2022-09-14

Total Pages: 1031

ISBN-13: 1543856292

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The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Civil Procedure, 11th edition by Yeazell, Schwartz, and Carroll provides students with a working knowledge of the procedural system. In Civil Procedure, the authors employ a pedagogical style that offers flexible organization at a manageable length. The book introduces students to the procedural system and provides them with techniques of statutory analysis. The included cases are factually interesting and do not involve substantive matters beyond the experience of first-year students. The problems following the cases present real-life issues. Finally, the book incorporates a number of dissenting opinions to dispel the notion that procedural disputes always present clear-cut issues. New to the Eleventh Edition: Addition of co-author Professor Maureen Carroll of Michigan Law School, an expert in civil procedure, class actions, and civil rights litigation, and an award-winning teacher. Updated personal jurisdiction chapter with streamlined opinion excerpts and additional cases reflecting the Supreme Court’s most recent decisions and cutting-edge jurisdictional questions. Increased attention to settlement dynamics and pressures throughout the book. Addition of contemporary cases that illuminate the impacts of civil procedure on issues of race, gender, and civil rights. Updated statistics and information about civil litigation in the United States, including the high proportion of unrepresented litigants. Professors and students will benefit from: Teachable, well-structured casebook featuring a clear organization, concisely edited cases chosen to be readily accessible to first-year students, textual notes introducing each section that highlight connections between material, and practical problems Manageable length which allows the class to get through this complex course material in limited hours Flexible organization, adaptable to a variety of teaching approaches Clear, straightforward writing style, making the material accessible to students without oversimplifying Effective overview of the procedural system, which provides students with a working knowledge of the system and of techniques for statutory analysis Assessment questions and answers at the end of each chapter, to help students test their comprehension of the material

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