Download or read book The Adversary System written by Stephan Landsman and published by American Enterprise Institute Press. This book was released on 1984 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Complex Litigation and the Adversary System written by Jay Tidmarsh and published by West Publishing Company. This book was released on 1998 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: A law school level coursebook on complex litigation and the adversary system. The book examines the four ways in which cases can be complex: joinder issues, pretrial issues, trial issues, and remedial issues. The book challenges the reader to consider whether the prevailing doctrines in these areas are consistent with modern adversarial theory, with the aspirations of our system of justice, and with a democratic system's constraints on judicial power. One volume.
Download or read book Adversarial Legalism written by Robert A. KAGAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Download or read book The Origins of Adversary Criminal Trial written by John H. Langbein and published by Oxford University Press, USA. This book was released on 2003 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Download or read book Adversarial versus Inquisitorial Justice written by Peter J. van Koppen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Download or read book Special Advocates in the Adversarial System written by John Jackson and published by Routledge. This book was released on 2019-07-24 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last twenty years have seen an unprecedented rise in the use of secret courts or ‘closed material proceedings’ largely brought about in response to the need to protect intelligence sources in the fight against terrorism. This has called into question the commitment of legal systems to long-cherished principles of adversarial justice and due process. Foremost among the measures designed to minimise the prejudice caused to parties who have been excluded from such proceedings has been the use of ‘special advocates’ who are given access to sensitive national security material and can make representations to the court on behalf of excluded parties. Special advocates are now deployed across a range of administrative, civil and criminal proceedings in many common law jurisdictions including the UK, Canada, New Zealand, Hong Kong and Australia. This book analyses the professional services special advocates offer across a range of different types of closed proceedings. Drawing on extensive interviews with special advocates and with lawyers and judges who have worked with them, the book examines the manner in which special advocates are appointed and supported, how their position differs from that of ordinary counsel within the adversarial system, and the challenges they face in the work that they do. Comparisons are made between different special advocate systems and with other models of security-cleared counsel, including that used in the United States, to consider what changes might be made to strengthen their adversarial role in closed proceedings. In making an assessment of the future of special advocacy, the book argues that there is a need to reconceptualise the unique role that special advocates play in the administration of justice.
Download or read book Lawyers Ethics in an Adversary System written by Monroe H. Freedman and published by MICHIE. This book was released on 1975 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Fighting for Justice written by John Hostettler and published by Waterside Press. This book was released on 2006-10-19 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adversary trial emerged in England in the 18th century. Its origins and significance had tended to go unrecognized by judges, lawyers, jurists, and researchers until relatively modern times. Even now, there is considerable dispute as to how and why adversary trial came into existence, and little connection has been made with the fact that its existence contributed to the genesis of a the modern doctrine of human rights, whereby citizens are able to make a stand against the power of the state or vested interest. Fighting for Justice focuses on the birth and meaning of adversary trial, including the key role of Sir William Garrow. The book assesses how deep-rooted is the notion of opposing parties in the common law and the English psyche generally, and that of countries such as the US that have followed the same pattern whereby legal representatives champion the cause of individuals. The book touches on moves through restorative justice around the world, to alter adversarial systems in favor of a less conflict based approach. Because justice and the rule of law are frequently nowadays under attack, Fighting for Justice will be a valuable aid to understanding the contributions that have been made to the overall development of criminal justice and common law systems.
Download or read book Lawyers and Justice written by David Luban and published by Princeton University Press. This book was released on 1988-12-21 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.
Download or read book Pretrial Discovery and the Adversary System written by William A. Glaser and published by Russell Sage Foundation. This book was released on 1968-12-31 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.
Download or read book Readings on Adversarial Justice written by Stephan Landsman and published by West Academic Publishing. This book was released on 1988 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.
Download or read book A Modern Legal Ethics written by Daniel Markovits and published by Princeton University Press. This book was released on 2011-01-17 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Daniel Markovits proposes here a wholesale renovation of legal ethics, one that contributes to ethical thought generally. His book rejects the casuistry that dominates contemporary applied ethics in favour of an interpretive method that may be mimicked in other areas.
Download or read book Complex Litigation and the Adversary System written by Jay Tidmarsh and published by . This book was released on 1998-01-01 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rebooting Justice written by Benjamin H. Barton and published by Encounter Books. This book was released on 2017-08-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract. Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
