Civil Procedure category: 407 books

A tutela cautelar constitui, seguramente, uma das materias mais complexas da ciencia processual. Na realidade, s?o inumeras as dificuldades com que os operadores judiciarios se deparam diariamente na aplicac?o deste instituto. Acresce que as alterac?es introduzidas em sede cautelar pelo novo Codigo...

Este trabalho como objetivo determinar e analisar os critérios de justificação com base nos quais o tribunal pode validamente dar como provada a verificação de um estado subjetivo, enquanto estado exclusivamente interno do agente que escapa à perceção de terceiros. Especificamente, a obra...

Too many lawyers spout jargon... I’m here to cut the bulls**t. Robert Rinder Have you had a holiday from hell? Been left with a hole in your floor by a dodgy builder? Fed up with fighting over who gets the dog after your divorce? Don't worry, criminal barrister Rob Rinder, star of...

Is the United States tort system in crisis? CBS television’s 60 Minutes has said the tort system metes out "jackpot justice," and Newsweek has called America a "Lawsuit Hell." Other observers of the legal system, however, argue that the tort crisis is a myth. Although both sides...

Of the 1.65 million lawsuits enforcing federal laws over the past decade, 3 percent were prosecuted by the federal government, while 97 percent were litigated by private parties. When and why did private plaintiff-driven litigation become a dominant model for enforcing federal regulation? The Litigation...

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The...

The right to petition is more important than the right to vote. However, Federal judges violate civil rights by deciding cases (petitions) 1) cert denied without opinions, 2) with unpublished opinions, and 3) juries no longer are sole arbiters of law.

The use of third-party funding in the UK has been increasing and has moved into the mainstream as a funding option for clients involved in litigation, particularly following on from the positive endorsement of litigation funding by Lord Justice Jackson in his Review of Civil Litigation Costs where...

The Jackson ADR Handbook was created following recommendations by Lord Justice Jackson that an authoritative handbook for Alternative Dispute Resolution (ADR) should be prepared. The first edition laid a strong foundation as an essential guide to ADR and received judicial endorsement in the Court...

Electronic disclosure of evidence is now an unavoidable aspect of litigation. With technology continually advancing and reliance on electronic devices growing rapidly, eDisclosure is becoming more and more important. Yet many practitioners, both litigators and arbitrators, are still grasping the complex...

C’était le deuxième jour de Pâques. L’air était chaud, le ciel bleu, le soleil haut et radieux, mais dans mon âme il faisait sombre. J’errais derrière la caserne. Je regardais, en les comptant, les barrières qui fermaient le préau. — Depuis...

In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them,...

Certiorari Denied Without Opinion - Not For Publication - Jury Nullification Once upon a time, juries were the sole arbiters of both facts and law, and the courts published written opinions. Today, judges violate litigant’s civil rights by deciding cases 1) cert denied without opinions, 2) with unpublished opinions, and 3) juries no longer are sole arbiters of law.

This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences...