Download or read book Supreme Courts Under Pressure written by Pablo Bravo-Hurtado and published by Springer Nature. This book was released on 2021-03-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.
Download or read book Contract Law in Spain written by Antoni Vaquer and published by Kluwer Law International B.V.. This book was released on 2018-03-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Download or read book Bibliographic Guide to Law written by and published by . This book was released on 1990 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee and published by Springer. This book was released on 2017-02-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Encyclopedia of Comparative Law written by K. Zweigert and published by Brill Archive. This book was released on 2003-01-01 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Download or read book Guide to the Law and Legal Literature of Spain written by Thomas W. Palmer (Jr.) and published by . This book was released on 1915 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book LEV written by and published by . This book was released on 1999 with total page 1418 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law for Spanish English Speaking Lawyers written by S.I. Strong and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Law for Spanish–English Speaking Lawyers provides practitioners and students of law, in a variety of English- and Spanish- speaking countries, with the information and skills needed to successfully undertake competent comparative legal research and communicate with local counsel and clients in a second language. Written with the purpose of helping lawyers develop the practical skills essential for success in today’s increasingly international legal market, this book aims to arm its readers with the tools needed to translate unfamiliar legal terms and contextualize the legal concepts and practices used in foreign legal systems. Comparative Law for Spanish–English Speaking Lawyers / Derecho comparado para abogados anglo- e hispanoparlantes, escrita en inglés y español, persigue potenciar las habilidades lingüísticas y los conocimientos de derecho comparado de sus lectores. Con este propósito, términos y conceptos jurídicos esenciales son explicados al hilo del análisis riguroso y transversal de selectas jurisdicciones hispano- y angloparlantes. El libro pretende con ello que abogados, estudiantes de derecho y traductores puedan trabajar en una segunda lengua con solvencia y consciencia de las diferencias jurídicas y culturales que afectan a las relaciones con abogados y clientes extranjeros. La obra se complementa con ejercicios individuales y en grupo que permiten a los lectores reflexionar sobre estas divergencias.
Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Download or read book Host Bibliographic Record for Boundwith Item Barcode 30112044669122 and Others written by and published by . This book was released on 2013 with total page 2552 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Appeals to supreme courts in Europe written by Manuel Ortells Ramos and published by . This book was released on 2008 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: El recurso de casación en el proceso civil español ha sido frecuentemente reformado y está a la espera de una nueva reforma. Recursos similares atraviesan también situaciones críticas en varios ordenamientos europeos. La materia " su estado actual y perspectivas de evolución- es analizada en este libro con aportaciones básicas de Gottwald (Alemania), Cadiet (Francia), Chiarloni (Italia), Ortells y Gimeno (España), junto con estudios complementarios de los españoles Almagro y Mascarell y del esloveno Aleš Gali
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 388 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.
Download or read book Publicidad 360 written by Alejandro Álvarez Nobell and published by Ediciones Universidad San Jorge. This book was released on 2014-03-14 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta publicación es fruto de la reflexión de, fundamentalmente, docentes del ámbito de la comunicación y de la publicidad basada en la necesidad de aunar fuerzas para ofrecer una obra de conjunto que intenta ver la publicidad como un hecho global y no solo aislado de la comunicación comercial. La presente obra profundiza en el valor de la publicidad y su importancia contemporánea, desde una perspectiva holística y con el objetivo de querer ser una publicación didáctica y de reflexión.
Download or read book The National Union Catalog written by and published by . This book was released on 1961 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Catalogue of the Library of the Department of Justice to September 1 1904 written by United States. Dept. of Justice. Library and published by . This book was released on 1904 with total page 1492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Union Catalog written by and published by . This book was released on 1973 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
Download or read book Union List of Basic Latin American Legal Materials written by American Association of Law Libraries. Committee on Foreign and International Law and published by . This book was released on 1971 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
