A History Of Civil Litigation

Author : Frank J. Vandall
Publisher : Oxford University Press, USA
ISBN 13 : 0195391918
Total Pages : 262 pages
Book Rating : 4.16/5 ( download)

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Download or read book A History of Civil Litigation written by Frank J. Vandall and published by Oxford University Press, USA. This book was released on 2011 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unique focus of the book is first, to argue that civil justice no longer rests on historic foundations such as precedent, fairness, and impartiality, but has shifted to power and influence. Vandall contends that reform in the law (legislative, judicial, and regulatory) is today driven by financial interests, not precedent, not a neutral desire for fairness, and not to "make it better," and he uses products, cases, and policies for much of his argument. He characterizes these policies as a shift from a balanced playing field, negligence, to one that favors injured consumers. The strict liability foreshadowed by Judge Traynor, in Escola v. Coco Cola (1944), was not adopted until 1962, when Traynor wrote the majority opinion in Greenman v. Yuba Power Products for the California Supreme Court. Second, the book examines the role of persuasive non-governmental agencies, such as the American Law Institute, in reforming and shaping civil justice. --

Author : Susan Burnett Luten
Publisher : Cengage Learning
ISBN 13 : 9781428318489
Total Pages : 520 pages
Book Rating : 4.88/5 ( download)

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Download or read book California Civil Litigation written by Susan Burnett Luten and published by Cengage Learning. This book was released on 2008-04 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: California Civil Litigation, fifth edition, is designed to provide paralegal students and practicing paralegals with information, skills, and experience. It follows the litigation process chronologically from initial client questions and contracts, to ethical issues, through the pleading and discovery phases, to trial, post-trial and appeal. Each phase of litigation is explored through official forms and drafted documents and each chapter includes highlighted glossary words and definitions to enable the reader to learn the technical language of litigation. In addition to the usual probing discussion questions, each chapter includes online projects requiring the reader to locate and analyze relevant Internet material.

Author : Zhaoyang Zhang
Publisher : BRILL
ISBN 13 : 9004513906
Total Pages : 303 pages
Book Rating : 4.07/5 ( download)

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Download or read book A History of Civil Law in Early China: Cases, Statutes, Concepts and Beyond written by Zhaoyang Zhang and published by BRILL. This book was released on 2022-07-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through the careful examination of cases, statutes and terminology preserved in both excavated and transmitted materials, this book argues that a civil law with distinctive Chinese characteristics emerged during the Qin and Han dynasties (221 B.C.-A.D. 220).

Author : Thomas Glyn Watkin
Publisher : Routledge
ISBN 13 : 1351958909
Total Pages : 448 pages
Book Rating : 4.05/5 ( download)

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Download or read book An Historical Introduction to Modern Civil Law written by Thomas Glyn Watkin and published by Routledge. This book was released on 2017-07-05 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.

Author : Peter Charles Hoffer
Publisher : Rowman & Littlefield Publishers
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.30/5 ( download)

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Download or read book Litigation Nation written by Peter Charles Hoffer and published by Rowman & Littlefield Publishers. This book was released on 2024-08-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts the history of civil litigation in America from the 17th century to today, using key cases that illustrate the central theme of lawsuits in different periods of U.S. history, and enabling readers to explore and understand key questions in American life and culture through the changing nature of how and why we sue one another.

Author : Peter Charles Hoffer
Publisher : Rowman & Littlefield
ISBN 13 : 1538116588
Total Pages : 233 pages
Book Rating : 4.86/5 ( download)

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Download or read book Litigation Nation written by Peter Charles Hoffer and published by Rowman & Littlefield. This book was released on 2019-09-20 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans have long been identified as a people of law and lawyers with an addiction to lawsuits. In Litigation Nation, Peter Charles Hoffer, one of America’s most preeminent legal historians, charts the history of civil litigation from the seventeenth century to the present, using key cases pursued by ordinary people to illustrate how the civil courts have been a battlefront to contest the boundaries of permissible personal conduct in times of social and political change. Using representative case studies from each period—from defamation suits in seventeenth-century America to recent civil rights and gender discrimination lawsuits, Hoffer’s concise and accessible history shows how litigation reflects the lives and values of ordinary Americans.

Author : Paul Brand
Publisher : Cambridge University Press
ISBN 13 : 1139505572
Total Pages : pages
Book Rating : 4.74/5 ( download)

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Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In this collection of essays, leading legal historians address significant topics in the history of judges and judging, with comparisons not only between British, American and Commonwealth experience, but also with the judiciary in civil law countries. It is not the law itself, but the process of law-making in courts that is the focus of inquiry. Contributors describe and analyse aspects of judicial activity, in the widest possible legal and social contexts, across two millennia. The essays cover English common law, continental customary law and ius commune, and aspects of the common law system in the British Empire. The volume is innovative in its approach to legal history. None of the essays offer straight doctrinal exegesis; none take refuge in old-fashioned judicial biography. The volume is a selection of the best papers from the 18th British Legal History Conference.

Author : George Mousourakis
Publisher : Springer
ISBN 13 : 3319122681
Total Pages : 339 pages
Book Rating : 4.87/5 ( download)

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Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique publication offers a complete history of Roman law, from its early beginnings through to its resurgence in Europe where it was widely applied until the eighteenth century. Besides a detailed overview of the sources of Roman law, the book also includes sections on private and criminal law and procedure, with special attention given to those aspects of Roman law that have particular importance to today's lawyer. The last three chapters of the book offer an overview of the history of Roman law from the early Middle Ages to modern times and illustrate the way in which Roman law furnished the basis of contemporary civil law systems. In this part, special attention is given to the factors that warranted the revival and subsequent reception of Roman law as the ‘common law’ of Continental Europe. Combining the perspectives of legal history with those of social and political history, the book can be profitably read by students and scholars, as well as by general readers with an interest in ancient and early European legal history. The civil law tradition is the oldest legal tradition in the world today, embracing many legal systems currently in force in Continental Europe, Latin America and other parts of the world. Despite the considerable differences in the substantive laws of civil law countries, a fundamental unity exists between them. The most obvious element of unity is the fact that the civil law systems are all derived from the same sources and their legal institutions are classified in accordance with a commonly accepted scheme existing prior to their own development, which they adopted and adapted at some stage in their history. Roman law is both in point of time and range of influence the first catalyst in the evolution of the civil law tradition.

Author : X.E. Kramer
Publisher : Springer Science & Business Media
ISBN 13 : 906704816X
Total Pages : 381 pages
Book Rating : 4.63/5 ( download)

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Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : Howard M. Wasserman
Publisher : Carolina Academic Press LLC
ISBN 13 : 9781531003661
Total Pages : 0 pages
Book Rating : 4.64/5 ( download)

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Download or read book Understanding Civil Rights Litigation written by Howard M. Wasserman and published by Carolina Academic Press LLC. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material. The new edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief. Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation. All topics and sub-topics include "Puzzles," short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.