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In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.
A general theory of the civil action.
"Casebook intended for use in a first-year civil procedure course"--
"The first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a new version of fact pleading and merits screening - what Scott Dodson calls 'New Pleading.' The result of this abrupt regime change is a broad, significant, and adverse effect on the civil-justice system. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both at home and in the larger global community. This book takes on that task. It aims to synthesize a theoretical account of New Pleading, argue that New Pleading is inconsistent with a system of procedural justice, provide two distinct solutions for rectifying the inconsistency - return to Old Pleading or adopt 'New Discovery' - and, finally, situate New Pleading and its remedies in a global comparative context"--Jacket.
Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.
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Originally published: Albany: Weed, Parsons & Co., printers, 1865.
"This book represents our efforts, and the efforts of our contributors, to center questions of inequality in the teaching, learning, and practice of civil procedure by shining a light on the ways in which civil procedure may privilege-or silence-voices in our courts"--
This book explores the 'clean hands' doctrine, a safety valve in the legal system designed to correct injustice.
This book is the first to gather in a single volume concise biographies of the most eminent men and women in the history of American law. Encompassing a wide range of individuals who have devised, replenished, expounded, and explained law, The Yale Biographical Dictionary of American Law presents succinct and lively entries devoted to more than 700 subjects selected for their significant and lasting influence on American law. Casting a wide net, editor Roger K. Newman includes individuals from around the country, from colonial times to the present, encompassing the spectrum of ideologies from left-wing to right, and including a diversity of racial, ethnic, and religious groups. Entries are d...