Fact Finding In Civil Litigation

Author : Rijk Remme Verkerk
Publisher :
ISBN 13 : 9789400000742
Total Pages : 0 pages
Book Rating : 4.4X/5 ( download)

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Download or read book Fact-finding in Civil Litigation written by Rijk Remme Verkerk and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values

Author : C. H. van Rhee
Publisher :
ISBN 13 : 9781780681337
Total Pages : 0 pages
Book Rating : 4.3X/5 ( download)

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Download or read book Truth and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pursuit of justice, truth always plays a prominent role. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate, factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of the present volume, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings.

Author : Christian Gomille
Publisher :
ISBN 13 : 9789462129238
Total Pages : 0 pages
Book Rating : 4.31/5 ( download)

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Download or read book Fact Finding in Civil Proceedings written by Christian Gomille and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Jan Hendrik De la Rey
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.96/5 ( download)

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Download or read book The Fact-finding Process and Burden of Proof During Litigation written by Jan Hendrik De la Rey and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation investigates the manner in which facts are proven with specific emphasis on the role which the concept of probabilities' plays in achieving the burden of proof. It is illustrated that the concept of probabilities' plays a central role throughout the process of determining the accountability of a litigant, including fact-finding during the evaluation of the adduced evidence and the application of the burden of proof. This study distinguishes between the findings of individual facts, as opposed to the finding of whether the case of a party, as reflected by the cumulative effect of the individually proven facts, has been proven. It is submitted that, despite traditionally perceived views, the concept of probabilities' is applied in exactly the same manner to both these aspects of a legal dispute, the only variable being the degree of probabilities as determined by a specific stage and nature of the litigation. The research focuses on both criminal and civil cases. The dissertation is based on current South African practices as reflected in judgments in different law reports and, to some extent, on English and American legal practices. Copyright.

Author : Tanya Acker
Publisher : Diversion Books
ISBN 13 : 1635766885
Total Pages : 307 pages
Book Rating : 4.82/5 ( download)

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Download or read book Make Your Case written by Tanya Acker and published by Diversion Books. This book was released on 2020-10-06 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Tanya Acker lays out a common sense approach to deciding when to go—or not to go—to court. Make Your Case is straightforward and an invaluable resource from someone with the legal insight to tell it like it is.” —Judge Judy Sheindlin Tanya Acker, co-star of the nationally syndicated and Emmy-nominated show Hot Bench, demystifies civil litigation—from common lawsuits to new cases emanating from Covid-19 and looting (tenant vs. landlord rent disputes, small business damage, and more)—and lays out an expert's guide to legal proceedings inside the courtroom and out, giving readers professional insider information they need to find THEIR WIN in a lawsuit. Millions of people end up in civil court each year. They assume going to court is the next logical step in their fight, but they often have little idea about how the court system works or what they can reasonably expect of it. They make poorly informed judgments about whether court is the best option for solving a problem, what kind of solutions it can provide, and why it proceeds in the (sometimes) counterintuitive way it does. They think “winning” is only about the judgment or verdict rendered by judge or jury. Those “wins” are great—but if you don’t know what the process can exact from you or why it works as it does, that blind procession to victory can end up costing you your real win. In Make Your Case, Tanya Acker cuts straight to the essentials, providing curated, targeted information based on her extensive experience regarding exactly what people want to know: what happens during court proceedings and why, and how to best prepare for it—or how to avoid court entirely and find a better way. Be smart. Be ready. Make your case.

Author : Nayha Acharya
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.20/5 ( download)

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Download or read book The Virtue of Process written by Nayha Acharya and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis is an inquiry into the legitimacy of judicial fact-finding in civil litigation. Judges make authoritative factual findings in conditions of uncertainty and the decision-making process cannot, and does not, guarantee the accuracy of those outcomes. Given the inevitable risk of error, on what basis is the authority of judicial fact-finding legitimate? This project provides a framework of procedural legitimacy that bridges two unavoidable aspects of adjudication: factual indeterminacy and the need for justifiably authoritative dispute resolution. This work draws of the legal theories of Lon Fuller and Jurgen Habermas to substantiate the notion of procedural legitimacy in the context of judicial fact-finding. The framework of procedural legitimacy is then applied to three doctrinal discourses relevant to personal injury litigation: use of scientific evidence, proof of causation, and use of probabilistic reasoning in assessing damages awards.

Author : B. Kaplan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.82/5 ( download)

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Download or read book Contrasts between English and American civil procedure with respect to fact-finding written by B. Kaplan and published by . This book was released on 1970 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Kelly Stephen Searl
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.10/5 ( download)

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Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Vesna Rijavec
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 450 pages
Book Rating : 4.54/5 ( download)

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Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.