Download or read book California Civil Litigation written by Susan Burnett Luten and published by Cengage Learning. This book was released on 2008-04 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: California Civil Litigation, fifth edition, is designed to provide paralegal students and practicing paralegals with information, skills, and experience. It follows the litigation process chronologically from initial client questions and contracts, to ethical issues, through the pleading and discovery phases, to trial, post-trial and appeal. Each phase of litigation is explored through official forms and drafted documents and each chapter includes highlighted glossary words and definitions to enable the reader to learn the technical language of litigation. In addition to the usual probing discussion questions, each chapter includes online projects requiring the reader to locate and analyze relevant Internet material.
Download or read book A History of Civil Law in Early China Cases Statutes Concepts and Beyond written by Zhaoyang Zhang and published by BRILL. This book was released on 2022-07-11 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Judges and Judging in the History of the Common Law and Civil Law written by Paul Brand and published by Cambridge University Press. This book was released on 2012-01-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Understanding Civil Rights Litigation written by Howard M. Wasserman and published by Carolina Academic Press LLC. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This student-focused treatise provides a concise, accessible, comprehensive, and readable overview of the doctrine, policy, history, and theory of civil rights and constitutional litigation under Section 1983 and its Bivens federal counterpart. The book is written for courses on Civil Rights Litigation and Federal Courts; it can function as a primary assignment, as an assigned or recommended case and statutory supplement to a casebook or case materials, and as an additional study guide for students wanting additional background, context, and synthesis of the material. The new edition: Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies. Covers doctrinal changes from the Supreme Court since the previous edition, including on Bivens actions, individual officer immunity, abstention, and the scope of injunctive relief. Discusses recent nationwide litigation campaigns over marriage equality and immigration policies to illustrate how plaintiffs and governments litigate these issues. Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes that regularly are involved in civil rights and constitutional litigation. All topics and sub-topics include "Puzzles," short problems (drawn from lawsuits and recent lower-court decisions) for use in class discussions and for student study and review.
Download or read book Common Law Civil Law and Colonial Law written by William Eves and published by Cambridge University Press. This book was released on 2021-04-15 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Law, Civil Law, and Colonial Law builds upon the legal historian F.W. Maitland's famous observation that history involves comparison, and that those who ignore every system but their own 'hardly came in sight of the idea of legal history'. The extensive introduction addresses the intellectual challenges posed by comparative approaches to legal history. This is followed by twelve essays derived from papers delivered at the 24th British Legal History Conference. These essays explore patterns in legal norms, processes, and practice across an exceptionally broad chronological and geographical range. Carefully selected to provide a network of inter-connections, they contribute to our better understanding of legal history by combining depth of analysis with historical contextualization. This title is also available as Open Access on Cambridge Core.
Download or read book American Civil Procedure written by Geoffrey C. Hazard and published by Yale University Press. This book was released on 1995-08-01 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: From divorce proceedings to personal injury disputes to lawsuits over busing, affirmative action, and labor relations, most conflicts in American society may eventually find their way into a courtroom. Such civil conflicts, which do not involve violations of the criminal code, encompass both actions between private parties and public controversies. This clear and direct book by two distinguished professors of law describes and analyzes civil litigation in the United States. Geoffrey C. Hazard, Jr., and Michele Taruffo discuss both specific details and broader themes of American civil litigation, explaining (without legalese) jury trial, the adversary system, the power of courts to make law as well as to "declare" it, and the role of civil justice in government and in the resolution of controversial social issues. Hazard and Taruffo examine the stages of civil procedure, including the lawyers' role in: preparing and presenting cases; the pretrial, pleading and discovery, trial, and appeal process; and procedural variations. They explore the historical evolution of common law and procedure and compare American civil procedure with that in other modern societies in Europe, Latin America, and Japan. They conclude by discussing the economic, political, and moral constraints on litigation, possible innovations to the process, and the political significance of public access to civil justice.
Download or read book Civil Litigation Management Manual written by and published by . This book was released on 2010 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Historical Introduction to Modern Civil Law written by Thomas Glyn Watkin and published by Routledge. This book was released on 2017-07-05 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A History of Civil Litigation written by Frank J. Vandall and published by . This book was released on 2011 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Civil Litigation: Political and Economic Perspectives, by Frank J. Vandall, studies the expansion of civil liability from 1466 to 1980, and the cessation of that growth in 1980. It evaluates the creation of tort causes of action during the period of 1400-1980. Re-evaluation and limitation of those developments from 1980, to the present, are specifically considered. 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. 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." It uses products, cases and policies for much of its argument. These policies can be summarized 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. Coca 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. Never has it been less true that we live under the rule of law. Congress, agencies and the courts make the law, but they are driven by those who have a large financial stake in the outcome. Today, those with power shape the character of products liability law, at every turn.
Download or read book Roman Law and the Origins of the Civil Law Tradition written by George Mousourakis and published by Springer. This book was released on 2014-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equity in the Civil Law Tradition written by Renato Beneduzi and published by Springer Nature. This book was released on 2021-07-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book on “equity in the civil law tradition” from the double perspective of legal history and comparative law. It is intended not only for civil lawyers who want to better understand the role and history of equity in their own legal tradition, but also – and perhaps more saliently – for common lawyers who are curious about why the history of equity has unfolded so differently on the continent of Europe and in Latin America. The author begins with the investigation of the philosophical foundations of the Western notion of equity in the teachings of Plato and Aristotle and of how their ideas affected the works of the great Attic orators (chapter 2). He then addresses the way in which Roman law turned this notion into a legal concept of considerable practical importance (chapter 3) and how it survived the fall of Rome and was later elaborated in the Middle Ages by civilists and canonists (chapter 4). Subsequently, the author analyses how the notion of equity was dealt with in the Modern Era by legal humanists, Protestant and Catholic theologians, scholars of the usus modernus pandectarum and of Roman-Dutch law, and then by legal rationalism and the philosophers of the Enlightenment (chapter 5). He then deals with the history of equity on the continent since the fragmentation of the ius commune and the codifications of the nineteenth century and with its reception in Latin America (chapter 6). Finally, the author offers some closing remarks on the fundamental equivocalness (or relativity, as some scholars put it) of the notion of equity in the civil law tradition today (conclusion).
Download or read book The Civil Law in Spain and Spanish America written by Clifford Stevens Walton and published by . This book was released on 1900 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Law and Litigation for Paralegals written by Neal R. Bevans and published by Aspen Publishing. This book was released on 2016-09-20 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Law and Litigation for Paralegals is a comprehensive text designed specifically for paralegal civil litigation courses. Author Neal Bevans not only teaches the basics of civil litigation, but also gives students the opportunity to learn skills they will use in practice. In a balanced approach, Bevans covers all the key topics paralegals need to know in an easy-to-read and engaging style that utilizes numerous examples and illustrations but never overwhelms the student. The text provides students with an in-depth analysis of a wide variety of civil cases, beginning with laying out the basic foundation of the American legal system. It proceeds through the investigation and implementation of a civil case, and follows the case through to appeal. The text balances the theoretical underpinnings of the law with the practical examples and hands-on experience that all students need to completely understand the topic. The helpful pedagogy throughout the book and a comprehensive teaching package make class preparation as easy as possible. Features: Clear introduction to the fundamentals of civil litigation for paralegal students. Provides students with an in-depth analysis of a wide variety of civil cases, laying out the basic foundation of the American legal system, proceeding through the investigation and implementation of a civil case, and following the case through to appeal. Designed to help prepare students for the practical world of divorces, car wreck cases, and medical malpractice claims that they will see every day in civil practice. Each chapter presents students with examples of the important role that paralegals play in every stage of civil litigation, from client intake to bringing an appeal. Understandable writing style with strong pedagogy, resulting in a teachable and accessible text. Each chapter includes Practice Pointers, Search Suggestions, Tech Topics, and Legal Legwork boxes, along with case excerpts, forms, and ethics. Helpful pedagogy includes Chapter Objectives that focus learning and review, Boldfaced key terms and marginal definitions for convenient reference, Review questions at the end of each chapter, and references to web sites that facilitate legal research
Download or read book Civil Litigation in Comparative Context written by Oscar G. Chase and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
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 Civil Litigation written by Thomas F. Goldman and published by Prentice Hall. This book was released on 2012-07-22 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
