Download or read book German Civil Justice written by Peter L. Murray and published by . This book was released on 2004 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: German Civil Justice is an English-language detailed description and comparative analysis of the legal framework and practical working of the modern German civil justice system. This comprehensive work presents German civil litigation, both procedural law doctrine and actual practice, in terms relevant and understandable to readers mainly familiar with the common-law systems of England and the United States. Authors Murray and Sturner include detailed treatment of the various institutions of civil justice such as courts, judges and lawyers, discussion of the theoretical principles upon which German litigation is conducted, and a step-by-step analysis of German civil procedure, from the filing of suit to revision appeal. The work also includes coverage of specialized institutions of civil justice such as family law procedure, special streamlined warning and check procedures, execution, bankruptcy and arbitration, as well as extended treatment of German civil justice in international matters. The book concludes with a comparative analysis of the salient features of German civil litigation with Anglo-American civil justice institutions and procedures. German Civil Justice is oriented to lawyers, law professors, and law students who wish to obtain a basic understanding of the workings of the German civil justice system, current law and policy issues of that system, and how the German system compares with systems in Great Britain and the United States. The work contains abundant citations to additional sources for readers who seek more detailed knowledge of individual topics and issues. Chapter 1 of the book contains a brief overview of the system as a whole that is suitable for introductory purposes in courses with some other main focus. "[T]his book is an outstanding treatise on the German system of civil justice. It fills a long-lasting gap in the judicial literature market because it is the first book in the English language to give a detailed description of the historical, cultural, institutional, and legal framework of civil litigation in Germany, and it is the first book in the English language to give a comprehensive overview of the German law of civil procedure... [T]he book is exceptionally well written and structured in a way that is easliy understandable for English-speaking lawyers." -- German Law Journal, March 2005 "[A]n attractive-looking, easy-to-read, and up-to-date book... Murray and Steiner have done their part by helping law professionals from other countries to learn from German experiences despite the language barrier." -- Juristen Zeitung, January 2006, translated from German "At once meticulous, comprehensive, and broad-minded, German Civil Justice is a welcome and valuable addition to the growing body of English-language writing on continental civil procedure in a comparative context. It provides a clear, thorough, and well-documented description of civil procedure in a coutnry which many observers have reasonably argued is among the most successful civil justice systems in the world today." -- Civil Justice Quarterly, 2007

Download or read book Civil Procedure in Germany written by Harald Koch and published by Springer. This book was released on 1998-03-03 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Procedure in Germany is an English-language description of the German system of civil procedure. After a summary of the political and legal systems and of the sources of German law, the book discusses the general features of the administration of justice in civil cases. Part I deals with the judicial organization of the German system. The courts and their members, the bars and the bailiffs are discussed. Part II deals with both the domestic and the international jurisdiction of German courts. Part III examines actions and claims brought before the courts, while Part IV analyzes the court proceedings, such as pre-trial proceedings, proceedings in first instance and review proceedings. Part V discusses specific incidents and Part VI addresses legal aid and legal cost. Parts VII and VIII deal with evidence and with such matters as burden of proof and evaluation, admissibility of evidence, and in particular administration of evidence. Part IX examines seizure for security and the enforcement of judgements: both domestic and foreign proceedings (summary procedure with documentary evidence, collection proceedings, family matters, parents and child-cases and maintenance matters, simplified procedures in municipal courts and arbitration proceedings) are dealt with. Finally, Part X discusses both domestic and international arbitration.

Download or read book Hitler s Justice written by Ingo Müller and published by . This book was released on 1991 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?

Download or read book Goals of Civil Justice and Civil Procedure in Contemporary Judicial Systems written by Alan Uzelac and published by Springer Science & Business Media. This book was released on 2014-01-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.

Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

Download or read book The Law in Nazi Germany written by Alan E. Steinweis and published by Berghahn Books. This book was released on 2013-03-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: While we often tend to think of the Third Reich as a zone of lawlessness, the Nazi dictatorship and its policies of persecution rested on a legal foundation set in place and maintained by judges, lawyers, and civil servants trained in the law. This volume offers a concise and compelling account of how these intelligent and welleducated legal professionals lent their skills and knowledge to a system of oppression and domination. The chapters address why German lawyers and jurists were attracted to Nazism; how their support of the regime resulted from a combination of ideological conviction, careerist opportunism, and legalistic selfdelusion; and whether they were held accountable for their Nazi-era actions after 1945. This book also examines the experiences of Jewish lawyers who fell victim to anti-Semitic measures. The volume will appeal to scholars, students, and other readers with an interest in Nazi Germany, the Holocaust, and the history of jurisprudence.

Download or read book Guiding Litigation written by James R. Maxeiner and published by . This book was released on 2008 with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt: Quot;Judges should apply the law, not make it.quot; That plea appears perennially in American politics. American legal scholars belittle it as a quot;simple-minded demandquot; that is quot;silly and misleading. It is not; it is what the public rightly expects from law. H.L.A. Hart, reminded U.S. jurists that quot;conventional legal thought in all countries conceives as the standard judicial function: the impartial application of determinant existing rules in the settlement of disputes.quot;This essay discusses the German method of judicial applying of law to facts. called, in German, the quot;Relationstechnik,quot; that is, in English, literally quot;relationship technique.quot; This essay shows how it helps make German civil justice work effectively and justly.

Download or read book German Constitutional Law written by Christian Bumke and published by Oxford University Press. This book was released on 2019-02-06 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

Download or read book The German Legal System and Legal Language written by Howard D. Fisher and published by Routledge Cavendish. This book was released on 2009 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the structure and terminology of some of the main areas of German public and private law. Amid the increasing complexity of international legal relations, the book provides a firm reference point for those native English speakers who deal with legal matters in Germany, for those who wish to grasp the nettle of the intricate German legal system and language for the first time and for those who aim to qualify as German lawyers.

Download or read book A Modern History of German Criminal Law written by Thomas Vormbaum and published by Springer Science & Business Media. This book was released on 2013-10-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.

Download or read book Civil Society and Memory in Postwar Germany written by Jenny Wüstenberg and published by Cambridge University Press. This book was released on 2017-09-07 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes postwar Germany to show how social movements shape public memory and influence democratization through cooperation and conflict with government.

Download or read book Imperfect Justice written by Inga Markovits and published by Oxford University Press. This book was released on 1995 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an account of the sudden death of Socialist law in East Germany and of the reactions, hopes and fears of some of its survivors. Imagine what happens when overnight a legal system is replaced by its ideological opposite? When people used to being coddled and disciplined by their law have to adjust to a State which expects them to look out for themselves? When men and women trained to serve and to legitimate their political system have to explain their complicity in its corruption? And when in this process of national soul-searching it is the Western victors alone who may ask all the questions? The remarkable transformation of East German law following the collapse of the communist regime and the dismantlement of the Berlin wall in 1990 is related by an author uniquely qualified to understand what happened during this astonishing period. Inga Markovits was born in Germany but has spent 25 years teaching law at the University of Texas in Austin. It was upon returning to Berlin in November 1989, two weeks after the opening of the Wall, that she realized that someone should try to record the events leading up to and following the death of Socialist law. Thus began this diary. When the Wall collapsed, all questions could be asked, but speed was of the essence. Memories were fresh and eyewitnesses, still reeling from the blows of political change, were eager to talk about the world they so suddenly lost. The spontaneity of the author's encounters with lawyers, judges and law professors is preserved in the pages of this diary and will leave an indelible impression upon readers. No lawyer or lay person interested in the future of Germany, the history of Communism and the study of comparative law can fail to be moved and fascinated by this book.

Download or read book The Future of Civil Litigation written by Laura Ervo and published by Springer. This book was released on 2014-07-05 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.

Download or read book German Code of Criminal Procedure written by ANONIMO and published by Fred B Rothman & Company. This book was released on 1965-12 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Goes beyond a mere literal translation of the code of criminal procedure by supplying the reader with relevant provisions of the German Constitution and from the Court of Organization Law. In addition, numerous comments to individual sections have been added by the translator.

Download or read book Personal Justice Denied written by United States. Commission on Wartime Relocation and Internment of Civilians and published by . This book was released on 1983 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Simple Justice written by Richard Kluger and published by Vintage. This book was released on 2011-08-24 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: Simple Justice is the definitive history of the landmark case Brown v. Board of Education and the epic struggle for racial equality in this country. Combining intensive research with original interviews with surviving participants, Richard Kluger provides the fullest possible view of the human and legal drama in the years before 1954, the cumulative assaults on the white power structure that defended segregation, and the step-by-step establishment of a team of inspired black lawyers that could successfully challenge the law. Now, on the fiftieth anniversary of the unanimous Supreme Court decision that ended legal segregation, Kluger has updated his work with a new final chapter covering events and issues that have arisen since the book was first published, including developments in civil rights and recent cases involving affirmative action, which rose directly out of Brown v. Board of Education.