A History Of Civil Litigation

Author : Frank J. Vandall
Publisher : Oxford University Press, USA
Page : 262 pages
File Size : 51,9 Mb
Release : 2011
Category : Law
ISBN : 9780195391916

Get Book

A History of Civil Litigation by Frank J. Vandall Pdf

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 : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 45,7 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

Get Book

A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

Author : Thomas Glyn Watkin
Publisher : Routledge
Page : 448 pages
File Size : 53,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351958905

Get Book

An Historical Introduction to Modern Civil Law by Thomas Glyn Watkin Pdf

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 : Paul Brand,Joshua Getzler
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781139505574

Get Book

Judges and Judging in the History of the Common Law and Civil Law by Paul Brand,Joshua Getzler Pdf

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 : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 52,5 Mb
Release : 2012-02-02
Category : Law
ISBN : 9789067048163

Get Book

Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

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 : Zhaoyang Zhang
Publisher : BRILL
Page : 303 pages
File Size : 47,8 Mb
Release : 2022-07-11
Category : Law
ISBN : 9789004513907

Get Book

A History of Civil Law in Early China: Cases, Statutes, Concepts and Beyond by Zhaoyang Zhang Pdf

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 : C.H. (Remco) van Rhee,Fu Yulin
Publisher : Springer Science & Business Media
Page : 356 pages
File Size : 41,7 Mb
Release : 2013-12-03
Category : Law
ISBN : 9789400776661

Get Book

Civil Litigation in China and Europe by C.H. (Remco) van Rhee,Fu Yulin Pdf

This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

Author : C. H. van Rhee
Publisher : Unknown
Page : 360 pages
File Size : 53,7 Mb
Release : 2010
Category : Aufsatzsammlung
ISBN : STANFORD:36105134524409

Get Book

Within a Reasonable Time by C. H. van Rhee Pdf

As it becomes clear from the contributions to this volume, delay in civil litigation is a central issue in the Western legal tradition. It cannot be avoided since justice cannot be done without a proper investigation of the case at issue and this takes time. Justice and procedural delay are therefore virtually synonymous. However, even though delay is unavoidable, it becomes problematic when it can be qualified as »undue«. [...] the present volume contains a fascinating collection of causes of due and undue delay in civil litigation [...] as well as measures to reduce the time needed to arrive at a final decision of the case. Therefore, this collection of essays may not only be worthwhile for the historically interested lawyer, but most likely also for those with an interest in the improvement of the procedural systems of our modern world.

Author : George Mousourakis
Publisher : Springer
Page : 339 pages
File Size : 50,7 Mb
Release : 2014-12-02
Category : Law
ISBN : 9783319122687

Get Book

Roman Law and the Origins of the Civil Law Tradition by George Mousourakis Pdf

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 : William Eves,John Hudson,Ingrid Ivarsen,Sarah B. White
Publisher : Cambridge University Press
Page : 349 pages
File Size : 48,6 Mb
Release : 2021-04-15
Category : History
ISBN : 9781108845274

Get Book

Common Law, Civil Law, and Colonial Law by William Eves,John Hudson,Ingrid Ivarsen,Sarah B. White Pdf

A selection of outstanding papers from the 24th British Legal History Conference, celebrating scholarship in comparative legal history.

Author : Paul M. Perell,John W. Morden
Publisher : Unknown
Page : 1204 pages
File Size : 41,8 Mb
Release : 2017
Category : Civil procedure
ISBN : 043349462X

Get Book

The Law of Civil Procedure in Ontario by Paul M. Perell,John W. Morden Pdf

Author : Peter Charles Hoffer
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2024-08-15
Category : History
ISBN : 9798881800130

Get Book

Litigation Nation by Peter Charles Hoffer Pdf

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 : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 40,6 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK

Get Book

Civil Code of Lower Canada by Québec (Province) Pdf

Author : Peter Charles Hoffer
Publisher : Rowman & Littlefield
Page : 233 pages
File Size : 48,6 Mb
Release : 2019-09-20
Category : History
ISBN : 9781538116586

Get Book

Litigation Nation by Peter Charles Hoffer Pdf

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 : Jonathan Harr
Publisher : Vintage
Page : 513 pages
File Size : 40,9 Mb
Release : 2011-08-10
Category : True Crime
ISBN : 9780307804785

Get Book

A Civil Action by Jonathan Harr Pdf

#1 NATIONAL BESTSELLER • NATIONAL BOOK CRITICS CIRCLE AWARD WINNER • The true story of one man so determined to take down two of the nation's largest corporations accused of killing children from water contamination that he risks losing everything. "The legal thriller of the decade." —Cleveland Plain Dealer Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship" by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall.