Fact-finding in Civil Litigation

Fact-finding in Civil Litigation

Author: Rijk Remme Verkerk

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9789400000742

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In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values


Book Synopsis Fact-finding in Civil Litigation by : Rijk Remme Verkerk

Download or read book Fact-finding in Civil Litigation written by Rijk Remme Verkerk and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values

Tahiti Nui

Tahiti Nui

Author: Colin W. Newbury

Publisher: University of Hawaii Press

Published: 2019-03-31

Total Pages: 384

ISBN-13: 0824880323

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Tahiti Nui is an account of the survival of a Polynesian society in the face of successive settlements of missionaries, traders, and administrators. Beginning with the first explorers and Captain Cook's scientific observations at Point Venus, Dr. Newbury has separated the various strands interwoven in the fabric of Tahitian society, tracing their development and showing how they interacted at successive stages. Missionaries and foreign traders, administrators and Polynesians, planters and immigrant Chinese have all contributed to the distinctive flavor of French Polynesia, with Tahiti and Tahitians becoming increasingly dominant, not just as the focus of the French administration in Pape'ete, but in the social networks and trading patterns that have evolved.


Book Synopsis Tahiti Nui by : Colin W. Newbury

Download or read book Tahiti Nui written by Colin W. Newbury and published by University of Hawaii Press. This book was released on 2019-03-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tahiti Nui is an account of the survival of a Polynesian society in the face of successive settlements of missionaries, traders, and administrators. Beginning with the first explorers and Captain Cook's scientific observations at Point Venus, Dr. Newbury has separated the various strands interwoven in the fabric of Tahitian society, tracing their development and showing how they interacted at successive stages. Missionaries and foreign traders, administrators and Polynesians, planters and immigrant Chinese have all contributed to the distinctive flavor of French Polynesia, with Tahiti and Tahitians becoming increasingly dominant, not just as the focus of the French administration in Pape'ete, but in the social networks and trading patterns that have evolved.

European Traditions in Civil Procedure

European Traditions in Civil Procedure

Author: C. H. van Rhee

Publisher: Intersentia nv

Published: 2005

Total Pages: 362

ISBN-13: 905095491X

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European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.


Book Synopsis European Traditions in Civil Procedure by : C. H. van Rhee

Download or read book European Traditions in Civil Procedure written by C. H. van Rhee and published by Intersentia nv. This book was released on 2005 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: European co-operation has resulted in many new and challenging opportunities for legal scholars who, since the so-called 'codification period', have become used to operating in a purely national context. This applies also to scholars in the field of civil procedure, who, for a considerable period of time, have resisted leaving the purely national domain. These scholars have devoted a great deal of attention to the question whether or not harmonisation of civil procedural law is a feasible option, and, if so, in what manner harmonisation should be achieved. The contributors to this book seek to further the harmonisation debate by exploring some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, The Netherlands and Belgium). Two of the central issues that are addressed by the contributors are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter in this book is supplemented by three chapters devoted to specific procedural topics: Conciliation, Party Interrogation as Evidence and the Role of the Judge. In addition, extensive bibliographical references are included.

History of the Common Law

History of the Common Law

Author: John H. Langbein

Publisher: Aspen Publishing

Published: 2009-08-14

Total Pages: 1310

ISBN-13: 0735596042

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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.


Book Synopsis History of the Common Law by : John H. Langbein

Download or read book History of the Common Law written by John H. Langbein and published by Aspen Publishing. This book was released on 2009-08-14 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.

American Exceptionalism

American Exceptionalism

Author: Lall Ramrattan

Publisher: Springer

Published: 2019-01-31

Total Pages: 385

ISBN-13: 3030055574

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The publication of Alexis de Tocqueville’s Democracy in America has kindled interest across disciplines to appraise the exceptional nature of U.S. activities. In general, however, all the published works have not focused their analyses from an economic point of view. While economics was for some a “dismal science” following Thomas Carlyle’s characterization of Malthus’ demographic model, it has increasingly become the “queen of the social sciences” for more practitioners. The book fills a gap in the literature by describing the American contributors as precursors and genuinely exceptional economists. We present their works within the state of the nation in which they advance their discipline. One is treated to both qualitative and quantitative theories in the opening chapter. Budding theories that became established theories of Economics and Finance are investigated in Chapters II and III. When President John Adams was confronted with M. Turgot’s criticisms of the American government, he resorted to a historic survey of types of government from ancient Greece to the Middle Ages. Similarly, we have included a final chapter, Chapter IV, to present the argument for American Exceptionalism in the domain of Political Economy and Economic Law over the ages.


Book Synopsis American Exceptionalism by : Lall Ramrattan

Download or read book American Exceptionalism written by Lall Ramrattan and published by Springer. This book was released on 2019-01-31 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of Alexis de Tocqueville’s Democracy in America has kindled interest across disciplines to appraise the exceptional nature of U.S. activities. In general, however, all the published works have not focused their analyses from an economic point of view. While economics was for some a “dismal science” following Thomas Carlyle’s characterization of Malthus’ demographic model, it has increasingly become the “queen of the social sciences” for more practitioners. The book fills a gap in the literature by describing the American contributors as precursors and genuinely exceptional economists. We present their works within the state of the nation in which they advance their discipline. One is treated to both qualitative and quantitative theories in the opening chapter. Budding theories that became established theories of Economics and Finance are investigated in Chapters II and III. When President John Adams was confronted with M. Turgot’s criticisms of the American government, he resorted to a historic survey of types of government from ancient Greece to the Middle Ages. Similarly, we have included a final chapter, Chapter IV, to present the argument for American Exceptionalism in the domain of Political Economy and Economic Law over the ages.

On the Outside

On the Outside

Author: David J. Harding

Publisher: University of Chicago Press

Published: 2019-02-21

Total Pages: 309

ISBN-13: 022660764X

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One of the Vera Institute of Justice’s Best Criminal Justice Books of 2019 America’s high incarceration rates are a well-known facet of contemporary political conversations. Mentioned far less often is what happens to the nearly 700,000 former prisoners who rejoin society each year. On the Outside examines the lives of twenty-two people—varied in race and gender but united by their time in the criminal justice system—as they pass out of the prison gates and back into the world. The book takes a clear-eyed look at the challenges faced by formerly incarcerated citizens as they try to find work, housing, and stable communities. Standing alongside these individual portraits is a quantitative study conducted by the authors that followed every state prisoner in Michigan who was released on parole in 2003 (roughly 11,000 individuals) for the next seven years, providing a comprehensive view of their postprison neighborhoods, families, employment, and contact with the parole system. On the Outside delivers a powerful combination of hard data and personal narrative that shows why our country continues to struggle with the social and economic reintegration of the formerly incarcerated. For further information, including an instructor guide and slide deck, please visit: http://ontheoutsidebook.us/home/instructors


Book Synopsis On the Outside by : David J. Harding

Download or read book On the Outside written by David J. Harding and published by University of Chicago Press. This book was released on 2019-02-21 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the Vera Institute of Justice’s Best Criminal Justice Books of 2019 America’s high incarceration rates are a well-known facet of contemporary political conversations. Mentioned far less often is what happens to the nearly 700,000 former prisoners who rejoin society each year. On the Outside examines the lives of twenty-two people—varied in race and gender but united by their time in the criminal justice system—as they pass out of the prison gates and back into the world. The book takes a clear-eyed look at the challenges faced by formerly incarcerated citizens as they try to find work, housing, and stable communities. Standing alongside these individual portraits is a quantitative study conducted by the authors that followed every state prisoner in Michigan who was released on parole in 2003 (roughly 11,000 individuals) for the next seven years, providing a comprehensive view of their postprison neighborhoods, families, employment, and contact with the parole system. On the Outside delivers a powerful combination of hard data and personal narrative that shows why our country continues to struggle with the social and economic reintegration of the formerly incarcerated. For further information, including an instructor guide and slide deck, please visit: http://ontheoutsidebook.us/home/instructors

Masculinity and Male Homosexuality in Britain, 1861-1913

Masculinity and Male Homosexuality in Britain, 1861-1913

Author: S. Brady

Publisher: Springer

Published: 2016-02-19

Total Pages: 265

ISBN-13: 0230272363

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This book is part of a new generation of historical research that challenges prevailing arguments for the medical and legal construction of male homosexual identities in late nineteenth and early twentieth-century Britain. British society could not tolerate the discussion necessary to form medical or legal concepts of 'the homosexual'. The development of masculinity as a social status is examined, for its influence in shaping societal attitudes towards sex and sexuality between men and fostering resistance to any kind of recognition of these phenomena. Imperatives to bolster masculinity as a social status precluded public recognition of the existence of sex and sexuality between men, even in terms that were hostile and pejorative.


Book Synopsis Masculinity and Male Homosexuality in Britain, 1861-1913 by : S. Brady

Download or read book Masculinity and Male Homosexuality in Britain, 1861-1913 written by S. Brady and published by Springer. This book was released on 2016-02-19 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is part of a new generation of historical research that challenges prevailing arguments for the medical and legal construction of male homosexual identities in late nineteenth and early twentieth-century Britain. British society could not tolerate the discussion necessary to form medical or legal concepts of 'the homosexual'. The development of masculinity as a social status is examined, for its influence in shaping societal attitudes towards sex and sexuality between men and fostering resistance to any kind of recognition of these phenomena. Imperatives to bolster masculinity as a social status precluded public recognition of the existence of sex and sexuality between men, even in terms that were hostile and pejorative.

The Sovereign and the Prophets

The Sovereign and the Prophets

Author: Atsuko Fukuoka

Publisher: BRILL

Published: 2018-02-12

Total Pages: 441

ISBN-13: 9004351922

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Tracing Old Testament topics recurrent in Grotian and Hobbesian discourses on the church-state relationship, Atsuko Fukuoka recontextualizes Spinoza’s Theologico-political Treatise and clarifies its historical import for Dutch debates on religion, state power, and liberty.


Book Synopsis The Sovereign and the Prophets by : Atsuko Fukuoka

Download or read book The Sovereign and the Prophets written by Atsuko Fukuoka and published by BRILL. This book was released on 2018-02-12 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing Old Testament topics recurrent in Grotian and Hobbesian discourses on the church-state relationship, Atsuko Fukuoka recontextualizes Spinoza’s Theologico-political Treatise and clarifies its historical import for Dutch debates on religion, state power, and liberty.

Sources of International Law

Sources of International Law

Author: V.D. Degan

Publisher: BRILL

Published: 2024-01-15

Total Pages: 582

ISBN-13: 9004635203

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Many different, and even opposite, meanings are ascribed to the term `sources' of international law. The author of this work goes back to the meaning of the term `source' in general (spring or well) and analyses in detail the various sources of international law. He first explains the sources of general, and then those of particular international law. He starts with general principles of law, which is followed by common features of customary process of whatsoever kind, and then by general and by particular customary law. Custom will be followed by unilateral acts of States and with opposable situations in international law which are closely linked with this kind of sources of international law. The explanation ends with treaties in regard to which there are the least doctrinal controversies. The explanation cannot be quite homogeneous. There are still deep doctrinal misunderstandings in respect to general principles of law and of unilateral acts of States. The author therefore offers a critical analysis of representative views of other authors and tries to reach solutions to problems presented. He also gives a systematic explanation of recent pronouncements of international courts and tribunals with regard to customary law, and he examines the specific solutions prescribed in the 1969 Vienna Convention on the Law of Treaties.


Book Synopsis Sources of International Law by : V.D. Degan

Download or read book Sources of International Law written by V.D. Degan and published by BRILL. This book was released on 2024-01-15 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many different, and even opposite, meanings are ascribed to the term `sources' of international law. The author of this work goes back to the meaning of the term `source' in general (spring or well) and analyses in detail the various sources of international law. He first explains the sources of general, and then those of particular international law. He starts with general principles of law, which is followed by common features of customary process of whatsoever kind, and then by general and by particular customary law. Custom will be followed by unilateral acts of States and with opposable situations in international law which are closely linked with this kind of sources of international law. The explanation ends with treaties in regard to which there are the least doctrinal controversies. The explanation cannot be quite homogeneous. There are still deep doctrinal misunderstandings in respect to general principles of law and of unilateral acts of States. The author therefore offers a critical analysis of representative views of other authors and tries to reach solutions to problems presented. He also gives a systematic explanation of recent pronouncements of international courts and tribunals with regard to customary law, and he examines the specific solutions prescribed in the 1969 Vienna Convention on the Law of Treaties.

A History of the Committee on House Administration, 1947-2012

A History of the Committee on House Administration, 1947-2012

Author:

Publisher:

Published: 2013

Total Pages: 604

ISBN-13:

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Book Synopsis A History of the Committee on House Administration, 1947-2012 by :

Download or read book A History of the Committee on House Administration, 1947-2012 written by and published by . This book was released on 2013 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: