Author: Samuel Issacharoff
Publisher: West Academic
Release Date: 2011-11-17
This book analyzes legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into everyday activities. Inevitably there are disputes and they are settled based on social norms or on an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law.
Author: Jay Tidmarsh
Release Date: 2002
Offers concepts of and insights into the forms and functions of complex litigation issues, including their implications. Helps students in such courses to review and study, as well as serves as a reference book for students once they are in practice.
Author: Samuel Issacharoff
Release Date: 2012
This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure.
Author: Marc A. Franklin
Release Date: 1968
Detailed and informed selection of cases illustrating the development of the body of law surrounding a legal dispute. All cases are accompanied by text and explanatory materials. Section titles discuss: A Grievance Arises; Retaining an Attorney; Identifying the Relevant Law; Researching the Law; Choosing a Court System; Commencing the Action; Mechanics of Service; An Important Digression; The Defendant's Turn; Choosing a Defense; Pre-Trial Activities; A Jury is Chosen and the Trial Begins; The Plaintiff's Case; The Plaintiff Testifies; The Defendant's Case; The Case Goes to Jury; Trial Without Jury; The Judge Agrees with the Jury; and The Appellate Structure.
Friedman's Practice Series is keyed to exam preparation with real law school essay exams, model answers, multiple choice questions and academic analysis, and offers students insights into writing essay exams in core courses. Features: Real law school essay exams from top law schools Multiple-choice questions with model answers Professor analysis of multiple-choice questions Student insight into writing essay exams
Presenting the U. S. juvenile justice system in a logical, chronological format, Juvenile Justice provides the most recent and detailed information about a broad range of topics. The balanced presentation gives key insights from political science, public administration, sociology, criminology, and criminal justice as well as the important historical backdrop. Carefully dealing with all the major processing points and agencies, Juvenile Justice covers all the pressing issues that are confronted within the contemporary system. This text is available in ebook format from the VitalSource Store. To download and use the ebook, you will need the free VitalSource Bookshelf software. DOWNLOAD NOW An engaging and realistic vignette opens each chapter to stimulate thinking and classroom discussion, and its implications are woven throughout the chapter. The exceedingly readable narrative explains basic terms and concepts along with valuable historical background. Three themes, woven throughout the materials, given students a solid understanding: the role of theory as a tool to describe, understand, predict and control delinquency; how appreciating the historical background can give insight into future practices; and the importance of globalization in a world increasingly interconnected by the Internet and social media― international perspectives are included in every chapter. Critical thinking questions at the end of each chapter can be used for classroom discussions, small group exercises, or individual review. Key terms, defined in the margins, and a comprehensive glossary help students learn and review terminology. Juvenile Justice is accompanied by an extensive Instructor's Manual, which provides the teacher with ancillary material as well as a perspective on the organization and content of each chapter, with a full Test Bank. Thoroughly updated, the revised Third Edition addresses the latest trends in juvenile justice, supported by the most recent data sources available. The cutting-edge chapter on non-delinquent children in the juvenile justice system (dependent, neglected, and abused children) has been substantially updated. The delinquency prevention chapter has been updated to include a results-based review of programming that works, as well as an expanded treatment of the federal government's role in providing leadership in this critical part of juvenile justice. The notable chapter on gangs has been expanded to a broader discussion of juvenile violence across the board. Hallmark features of Juvenile Justice Explores U.S. juvenile justice system in a logical, chronological format Provides the most recent and detailed information about the system Deals with all the major processing points, agencies, and issues Explains basic terms and concepts with valuable historical background Compelling vignette opens each chapter stimulates understanding reinforces basic concepts encourages class discussions Three themes engage students throughout: The role of theory to describe, understand, predict and control delinquency Historical background gives insights into future practices in juvenile justice International perspective for people interconnected by the Internet, social media
Author: Publishers Editorial Staff
Publisher: West Academic
Release Date: 2017-09-08
High Court Case Summaries on Civil Procedure, 9th, contains well-prepared briefs for each major case in Yeazell’s casebook on Civil Procedure. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. While prepared briefs can never substitute for the insight gained by actually reading a case, these briefs will help readers to identify, understand, and absorb the core “take away” knowledge from each case. Moreover, these briefs are followed by a useful legal analysis, which provides extra tips and contextual background about each case, connecting the case to the broader concepts being developed throughout the casebook. This book also supplies case vocabulary, which defines new or unusual legal words found throughout the cases. Finally, to enhance the reader’s recall, there is a corresponding memory graphic for each brief that portrays an entertaining visual representation of the relevant facts or law of the case.
Author: Publishers Editorial Staff
Publisher: West Academic
Release Date: 2017-12-13
High Court Case Summaries on Civil Procedure, 7th contains well-prepared briefs for each major case in Freer’s casebook on Civil Procedure. High Court briefs are written to present the essential facts, issue, decision and rationale for each case in a clear, concise manner. While prepared briefs can never substitute for the insight gained by actually reading a case, these briefs will help readers to identify, understand, and absorb the core “take away” knowledge from each case. Moreover, these briefs are followed by a useful legal analysis, which provides extra tips and contextual background about each case, connecting the case to the broader concepts being developed throughout the casebook. This book also supplies case vocabulary, which defines new or unusual legal words found throughout the cases. Finally, to enhance the reader’s recall, there is a corresponding memory graphic for each brief that portrays an entertaining visual representation of the relevant facts or law of the case.
Author: George Rutherglen
Publisher: Foundation Press
Release Date: 2016-09-19
This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
Author: Gernot Biehler
Publisher: Springer Science & Business Media
Release Date: 2008-09-12
The character of international law between scholarly reflection of foreign policy expediencies and recognising prescriptive rules binding on all concerned has long been a particular challenge to those active in the field. Law is not law if there is no procedure to both determine its contents and to show ways to enforce it. It is through its procedures that international law becomes real. Based on an overview of the varied procedures e.g. in both The Hague’s and the national courts and those found in international organisations a more consistent picture of international law emerges. This compendium for students and practitioners is accessible yet sophisticated in its approach.
Author: Linda S. Mullenix
Publisher: Aspen Publishers
Release Date: 1997
This book cover the fundamental topics of Civil Procedure and organizes the material to assist students in their review of the basic cases, concepts, and rules regarless of the particular casebook selected for study or the organization of their course.
Author: Nassim Nicholas Taleb
Publisher: Albrecht Knaus Verlag
Release Date: 2013-02-25
Genre: Political Science
Taleb ist einer der prägenden Denker des 21. Jahrhunderts – Antifragilität ist sein zentrales Werk In seinem Weltbestseller Der Schwarze Schwan problematisierte Nassim Nicholas Taleb die zunehmende Unberechenbarkeit der Welt. Jetzt liegt sein wichtigstes Buch vor: In Antifragilität liefert „der führende Denker unserer Zeit“ (Times) eine wirkmächtige Gebrauchsanweisung, wie wir selbst, unsere Unternehmen und Strukturen, Chaos und unberechenbare Ereignisse nicht nur überstehen, sondern sogar davon profitieren können. Denn alles, was nicht antifragil ist, wird verschwinden. Nassim Nicholas Taleb, der Aufklärer und Schreck aller „Versicherer“ und Analysten schickt in seinem neuen Buch heutiges Risikomanagement und Prognostik in die Wüste. Nicht indem wir Zufälle und Ungewissheit um jeden Preis abzuwehren versuchen, gewinnen wir, sondern indem wir sie zu Stärken ummünzen. Talebs Konzept der Antifragilität ist eine große, praktisch-philosophische Antwort auf die Herausforderungen unsicherer Zeiten. Seine Beispiele bedienen das ganze Spektrum von Finanzen und Wirtschaft, Politik, Wissenschaft, Privatleben. Er zeigt, warum kleine Strukturen besser sind als große, Stadtstaaten besser als Nationen, warum Silicon Valley mehr Erfolg hat als das Bankensystem, warum Zahnärzte und LKWFahrer antifragiler sind als Bischöfe und Geschäftsführer, warum Schulden abhängig machen und warum alles, was zu kompliziert ist, von der Bildfläche verschwinden wird. Multidisziplinär und mit großer Übersicht umreißt Antifragilität ein neues Denken für eine Welt, die bei allem Fortschritt niemals berechenbar sein wird.
Author: Roger Blanpain
Release Date: 1997
The studies which are published in this book are the general reports and some of the conference papers which were discussed at the 1st World Law Conference, which was held in Brussels, 9-12 September, 1996. Reports on the discussions during the sessions are also included. This conference was based on the International Encyclopaedia of Laws, which now covers 18 major fields of law and is published by Kluwer Law International. The authors and participants, who were from no less than 50 countries, met in order to build bridges of understanding across cultural boundaries in an attempt to grasp, appreciate and respect both similarities and differences in order to be able to work together with a better understanding of the culture and traditions which form each country's unique legal culture. This is why 'culture And The law' was the major theme of the conference. Different fields of law were covered in 30 general reports, highlighting recent developments in their respective fields, and were discussed in 12 work groups (apart from Law and Culture): Civil Procedure, Constitutional Law, Contract Law, Criminal Law, Environmental Law, Family and Succession Law, Intellectual Property Law, Labour Law and Industrial Relations, Medical Law, Social Security and Transport Law. In publishing them the editor and authors want to share the knowledge and insights they contain with the global legal community.
Author: David Crump
Publisher: Lexis Nexis Matthew Bender
Release Date: 1998
This casebook thoroughly explores the fundamentals of civil procedure with an approach that is well-rounded in both theory & practice. Although presentation of the issues is largely traditional, this casebook contains a number of unique features that facilitate learning: It features clear & reorganized coverage of supplemental jurisdiction, removal, pleadings, class actions & alternatives, discovery, self-initiated disclosures, & other developments. Settlement & alternative dispute resolution also are covered.