American Civil Procedure

Author: John Bilyeu Oakley
Publisher: Kluwer Law International
ISBN: 9041128727
Format: PDF
Download Now
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.

Supreme Courts in Transition in China and the West

Author: Cornelis Hendrik (Remco) van Rhee
Publisher: Springer
ISBN: 3319523449
Format: PDF, ePub, Mobi
Download Now
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, ePub, Docs
Download Now
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

A Guide to Federal Agency Adjudication

Author: Michael Asimow
Publisher: American Bar Association
ISBN: 9781590311288
Format: PDF, ePub, Docs
Download Now
Flash MX developers who need instant on-the job reminders about the ActionScript language should find O'Reilly's new ActionScript for Flash MX Pocket Reference useful. This concise reference is the portable companion to the Flash coder's essential resource, ActionScript for Flash MX: The Definitive Guide by Colin Moock.

Learning Civil Procedure

Author: Jeffrey Stempel
Publisher: West Academic Publishing
ISBN: 9781683288626
Format: PDF
Download Now
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.

State Succession and Commercial Obligations

Author: Tai-Heng Cheng
Publisher: BRILL
ISBN: 9047440021
Format: PDF, ePub, Mobi
Download Now
State Succession and Commercial Obligations sets out to answer once and for all the age-old question: Do commercial obligations survive state succession? Tai-Heng Cheng accomplishes this goal via careful analyses of efforts by the United Nations to codify the law of state succession, as well as of recent state successions involving East Timor, Hong Kong, Macau, Yugoslavia, Czechoslovakia and the Soviet Union. State Succession and Commercial Obligations is the only major treatise in fifty years to appraise the global development of the law of state succession and commercial obligations. This treatise is indispensable to legal scholars seeking to understand contemporary international law, judges and arbitrators adjudicating succession disputes, and transactional and trial lawyers representing financial institutions, corporations and states when succession is imminent or has occurred.

The Journalist s Guide to American Law

Author: John T. Nockleby
Publisher: Routledge
ISBN: 1136895337
Format: PDF
Download Now
This easy-to-use guidebook offers an overview of American law that should find a place on the desk of any journalism student or professional journalist. The Journalist’s Guide to American Law provides an overview of major legal principles and issues in practical terms for journalists covering any aspect of the legal system. The book’s organization captures both the bird’s-eye view of the subject and offers an easy reference guide when the professional needs to understand a distinct legal concept. The areas covered range from professional concerns such as the First Amendment, cameras in the courtroom, Sunshine laws, and access to government documents to general legal matters such as the institutions of law and the lawmaking function of the judiciary, core constitutional principles such as separation of powers and judicial review, and the day-to-day functioning of courts. Equally at home on the desk of the general assignment reporter or the legal correspondent, as well as their producers and editors, the book equips the journalist with the knowledge required to translate complex legal notions into plain English.

Civil procedure

Author: Stephen C. Yeazell
Publisher: Aspen Law & Business
ISBN: 9780735569256
Format: PDF, ePub, Docs
Download Now
The famously teachable casebook, Civil Procedure, by Stephen C. Yeazell, features a flexible organization, expertly selected and edited cases, a manageable length, and eminently readable introductions and notes. the leading casebook for Civil Procedure features: a clear and straightforward writing style a helpful overview of the procedural system techniques for statutory analysis explained in plain English a manageable overall length a flexible organization that adapts to a variety of teaching approaches a comprehensive Teacher's Manual with detailed teaching guidance, case analyses, and sample syllabi a companion CD with complete text of all of the cases in the book an Annual Statutory and Case Supplement available for adoption a Companion Website with additional teaching materials, including the full text of every case discussed in the book Updated throughout, The Seventh Edition incorporates the restyled rules from the December 2007 Amendments To The FRCP, As well as material on recent developments, including: contemporary pleading systems and problems, incorporating recent Supreme Court pleading cases discovery: spoliation of evidence, E-discovery, sanctions resolution without trial: emerging trends in judicial regulation of arbitration former adjudication: preclusion & arbitration Always a pleasure to teach from, Civil Procedure gives you perfect teaching flexibility, even providing a complimentary CD with the complete text of the cases. At the same time, you know you are totally supported by a Teacher's Manual that provides day-to-day guidance for structuring each class, instructions and analyses of every case, and a selection of sample syllabi to choose among.

Sealing Court Records and Proceedings

Author: Robert Timothy Reagan
Publisher: DIANE Publishing
ISBN: 1437982506
Format: PDF, ePub, Mobi
Download Now
Court case records and proceedings are presumptively public, but occasionally there are compelling reasons for keeping all or parts of them confidential, sometimes permanently but often only temporarily. This guide summarizes the case law on sealing records and proceedings and presents a useful procedural checklist of seven principles to follow when denying public access. This is a print on demand edition of an important, hard-to-find publication.