Civil Dispute Resolution


Book Description

Understanding how to resolve conflicts between private parties is essential for Australian lawyers. Civil Dispute Resolution: Balancing Themes and Theory presents a comprehensive framework within which both civil procedure and alternative dispute resolution are addressed. This framework, based on balancing competing objectives of dispute resolution, simplifies and explains the many aspects of resolving disagreements between private parties. The book guides readers through every aspect of civil dispute resolution including the interaction between negotiation, mediation, arbitration and litigation as means to resolve civil disputes and the many stages of litigation, from the commencement of proceedings through to judgment and enforcement. The balancing themes are applied to demystify the resolution of civil disputes, including the role of specialist courts and tribunals, alternatives to court, pleadings, gathering documentary and witness evidence, legal costs, and trial preparation and attendance.




Civil Litigation


Book Description




Model Rules of Professional Conduct


Book Description

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.




Civil Case Management in the Twenty-First Century: Court Structures Still Matter


Book Description

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.




Federal Rules of Civil Procedure; 2022 Edition


Book Description

A concise and comprehensive edition of the Federal Rules of Civil Procedure and related supplementary statutes for quick reference. Updated through January 1, 2022. Perfect for your briefcase or desk and a great format for the attorney or law school student who simply needs to refer to the rules. Contents: Federal Rules of Civil Procedure Title I. Scope of rules; form of action Title II. Commencing an action; service of process, pleadings, motions, and orders Title III. Pleadings and motions Title IV. Parties Title V. Disclosures and discovery Title VI. Trials Title VII. Judgment Title VIII. Provisional and final remedies Title IX. Special proceedings Title X. District courts and clerks: conducting business; issuing orders Title XI. General provisions Title XII. Appendix of forms (abrogated) Title XIII. Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions Statutory Supplement 28 USC Chapter 85-District Courts; Jurisdiction 28 USC Chapter 87-District Courts; Venue 28 USC Chapter 91-District Courts; Removal of Cases from State Courts




Civil Litigation


Book Description

ALERT: Before you purchase, check with your instructor or review your course syllabus to ensure that you select the correct ISBN. Several versions of Pearson's MyLab & Mastering products exist for each title, including customized versions for individual schools, and registrations are not transferable. In addition, you may need a CourseID, provided by your instructor, to register for and use Pearson's MyLab & Mastering products. Packages Access codes for Pearson's MyLab & Mastering products may not be included when purchasing or renting from companies other than Pearson; check with the seller before completing your purchase. Used or rental books If you rent or purchase a used book with an access code, the access code may have been redeemed previously and you may have to purchase a new access code. Access codes Access codes that are purchased from sellers other than Pearson carry a higher risk of being either the wrong ISBN or a previously redeemed code. Check with the seller prior to purchase. -- This fully-updated text is designed to build the skill sets students need to succeed as members of today's civil litigation teams. CIVIL LITIGATION: PROCESS AND PROCEDURES, 2/e clearly presents legal concepts, emphasizing the details of the litigation process, critical thinking, and hands-on exercises that develop practical law office skills. Students will gain real-world procedural skills, master electronic discovery and court rules; learn how to handle ethical challenges in civil litigation practice; and develop a professional employment portfolio. This edition includes 46 video case studies that illustrate each stage of the litigation process, showing the day-to-day activities of the litigation team preparing and trying a civil case in a real world setting. Extensive assignment-related case materials and documents are provided in the text and online.




Civil Appeals


Book Description

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections




Statutes and statutory construction


Book Description

Including a discussion of legislative powers, constitutional regulations relative to the forms of legislation and to legislative procedure.




Civil Procedure in Japan


Book Description

The only book of its kind available in English, Civil Procedure in Japan is the most reliable and comprehensive reference on the broad subject of the Japanese civil justice system. Civil Procedure in Japan discusses the problems encountered in litigating a civil controversy in the chronological order in which they are most likely to arise. Since civil procedure, as all law, is a product of historical developments and since it cannot be understood without reference to the political structure within it is to operate, Chapter 1 presents the historical background to date of the development of court procedure. The chapter looks at Japan's political organization (Executive, Legislative, etc), the court structure, and the sources of law. Chapter 2 is devoted to a look at the world of Japanese Legal Profession including legal education and non-Japanese lawyers in Japan, while Chapter 3 is an overview of the Judiciary as a whole. Chapter 4 sets forth the basic concepts involved in the judiciary authority and its interface with other governmental authorities. Subsequent chapters deal with practical issues of civil procedure, starting with Chapter 5 through Chapter 8, the trial is traced from beginning (parties to action and pre-commencement preparation including provisional remedies) through appellate procedures. Chapters 8 and 9 deal with various judicial proceedings outside of typical civil actions. Chapter 11 specifically explains various insolvency proceedings from straight bankruptcy to corporate reorganization. Chapter 12 is devoted to the arbitration law of 2002. Chapter 13 is about various terms of the court costs. Enforcement of civil judgments is treated in detail in Chapter 14. Finally, Chapter 15 is reserved for international cooperation in litigation and sets forth Japan's bilateral arrangements for international co-operation. Furthermore, appendices include an English translation of the Code and Rules of Civil Procedure of 1996 and other important statutes, English translations of sample judgments, glossaries, bibliography, ect.




Common Law – Civil Law


Book Description

This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law’s purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history – roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.