Civil Litigation 2020 2021

Civil Litigation 2020 2021

2.1 Introduction 2.2 Civil litigation 2.2.1 What is the purpose of civil litigation? 2.2.2 The CPR and reform 2.2.3 The key features of civil practice in the courts 2.2.4 Litigants in person (LIP) 2.3 The overriding objective 2.3.1 What ...

Author: Lucilla Macgregor

Publisher: Legal Practice Course Manuals

ISBN: 9780198858447

Category: Actions and defenses

Page: 503

View: 868

This text provides student-focused coverage of the key procedures central to the civil litigation process. Making use of innovative diagrams and two case studies which run throughout the book, the text clearly demonstrates how the procedures fit together, making it the perfect resource for students and trainee solicitors new to practice.
Categories: Actions and defenses

Civil Litigation 2020 2021

Civil Litigation 2020 2021

CHAPTER 1 INTRODUCTION TO CIVIL LITIGATION 1.1 The Woolf and Jackson reforms 1.2 The Rules 1.3 An overview of a civil claim 1.4 Case analysis 1.5 Useful websites LEARNING OUTCOMES After reading this chapter you will have learned: • why ...

Author: Browne

Publisher: College of Law Publishing

ISBN: 9781913226671

Category: Law

Page:

View: 237

Civil Litigation is a thorough, up to date and practical introduction to the Civil Procedure Rules and the principles and tactics used in pursuing a civil case. The civil process has been divided into five stages, starting with pre-action considerations, moving on to examine the issue and service of proceedings, before considering interim matters, trial and enforcement. The aim of the book is to equip readers with the knowledge necessary to enable them successfully to navigate their way through these stages. The text has a user-friendly structure and includes checklists and specimen documents which build up into a case study forming a useful overview of the civil litigation process. The appendices incorporate helpful templates, flow diagrams, case study documents and copies of the more common court forms used in civil litigation. This edition incorporates developments in early neutral evaluation, contempt of court, pre-action disclosure, ADR, drafting statements of truth, security for costs, disclosure, legal professional privilege, without prejudice privilege, drafting witness statements, evidence of fact, expert evidence, Part 36, skeleton arguments, costs and proportionality, and enforcement. New cases include Lomax v Lomax [2019] (early neutral evaluation); Jet2 Holidays Ltd v Hughes & Hughes [2019] (contempt of court); Hunt v Caddick (Mill Harbour) Ltd [2019] (pre-action disclosure); Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] (ADR); Woodward v Phoenix Healthcare Distribution Ltd [2019] (service of claim form); Civil Aviation Authority v R (on behalf of the application of Jet2.com Ltd) [2020] (disclosure); BGC Brokers LP v Tradition (UK) Ltd [2019] (without prejudice); Promontoria (Oak) Ltd v Emanuel [2020] (evidence); Liverpool Victoria Insurance Company Ltd v Zafar [2019] and Mustard v Flower [2019] (expert evidence); King v City of London Corporation [2019] and Calonne Construction Ltd v Dawnus Southern Ltd [2019] (Part 36); West v Stockport NHS Foundation Trust [2019] (proportionality); and W Nagel (a firm) v Pluczenik Diamond Company NV [2019] (enforcement).
Categories: Law

Criminal Litigation 2020 2021

Criminal Litigation 2020 2021

Put your knowledge into practice • Criminal Litigation • Supported by a wealth of online case studies • Property Law and resources. • Business Law • Lawyers' Skills • Designed to develop legal skills and meet the • Civil Litigation ...

Author: Martin Hannibal

Publisher: Legal Practice Course Manuals

ISBN: 9780198858423

Category:

Page: 665

View: 826

Criminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encouragesstudents to focus on putting their knowledge into a practical context. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, andexamples, while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Chapters end with key points summaries and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge.Online ResourcesCriminal Litigation is accompanied by a wide range of online resources, freely accessible to students. This includes:- Case study documentation- Web links- Updates to cases and litigation- Three additional chapters, covering 'Advising at the Police Station - Practical Steps'; 'White Collar Crime - Regulatory Offences'; and 'Sentencing in Road Traffic Cases'- Answers to self-test question- Video case studies- Criminal Litigation Express Train timeline
Categories:

Direct Jurisdiction

Direct Jurisdiction

Brand, Ronald A, 'Comparative Method and International Litigation' [2020] 2 Journal of Dispute Resolution 273–92. Deng, Yizhou, The Practice Essence of PRC Cross-Border Civil and Commercial Litigation (Beijing, China Legal Publishing ...

Author: Anselmo Reyes

Publisher: Bloomsbury Publishing

ISBN: 9781509936441

Category: Law

Page: 440

View: 151

The second thematic volume in the series Studies in Private International Law – Asia looks into direct jurisdiction, that is, the situations in which the courts of 15 key Asian states (Mainland China, Hong Kong, Taiwan, Japan, South Korea, Malaysia, Singapore, Thailand, Vietnam, Cambodia, Myanmar, the Philippines, Indonesia, Sri Lanka, and India) are prepared to hear a case involving cross-border elements. For instance, where parties are habitually resident abroad and a dispute has only some, little or no connection with an Asian state, will the courts of that state accept jurisdiction and hear the case and (if so) on what conditions? More specifically, the book's chapters explore the circumstances in which different Asian states assume or decline jurisdiction not just in commercial matters, but also in other types of action (such as family, consumer and employment disputes). The Introduction defines terminology and identifies similarities in the approaches to direct jurisdiction taken by the 15 Asian states in civil and commercial litigation. Taking its cue from this, the Conclusion assesses whether there should be a multilateral convention or soft law instrument articulating principles of direct jurisdiction for Asia. The Conclusion also discusses possible trajectories that Asian states may be taking in respect of direct jurisdiction in light of the COVID-19 pandemic and the political tensions currently besetting the world. The book suggests that enacting suitable rules of direct jurisdiction requires an Asian state to strike a delicate balance between affording certainty and protecting its nationals. At heart, direct jurisdiction involves sometimes difficult policy considerations and is not just about drawing up lists of jurisdictional grounds and exceptions to them.
Categories: Law

The Opioid Epidemic in the United States

The Opioid Epidemic in the United States

But, perhaps, tobacco is not the best model; perhaps, asbestos litigation is (Bauman 2019; “ is is How Opioid Lawsuits Differ from Big ... One problem is that Purdue deal would effectively be just $3 billion (Keefe 2020, 2021).

Author: Kant B. Patel

Publisher: Routledge

ISBN: 9781000456325

Category: Political Science

Page: 376

View: 139

The current opioid epidemic in the United States began in the mid-1990s with the introduction of a new drug, OxyContin, viewed as a safer and more effective opiate for chronic pain management. By 2017, the opioid epidemic had become a full-blown crisis as over two million Americans had become dependent on and abused prescription pain pills and street drugs. This book examines the origins, development, and rise of the opioid epidemic in the United States from the perspective of the public policy process. The authors, political scientists Kant Patel and Mark Rushefsky, discuss institutional features of the American political system that impact the making of public policy, arguing that the fragmentation of that system hinders the ability to coherently address policy problems, taking the opioid epidemic as an example. The book begins with a brief historical examination of the history of the problem of opioid addiction and crises in the United States and public policy responses to past crises, but the main focus is on the current national public health emergency. The book analyzes the following: The origins of the current crisis Indicators and warning signs pointing to the emergence of a significant public problem Factors that contributed to the opioid crisis Why the crisis emerged in the United States and not in other Western countries The nature and scope of the opioid crisis, including socioeconomic and demographic characteristics and the human, social, and economic costs Presidential administrations’ public response, and nonresponse, to the opioid crisis Parallels between the role played by opioid manufacturers and tobacco/cigarette manufacturers in creating the problem of addiction, resulting in high mortality rates, and the public policy response to both This book explores the national policy response to the opioid crisis, as well as state and local government responses and separation of powers, including how the three branches of government deal with the opioid problem. The authors conclude with a discussion of how accurate problem definition, problem diagnosis, and appropriate and timely responses could have produced a more appropriate and robust policy response—policy process tools that will be essential in fighting both the current crisis and the next one. The Opioid Epidemic in the United States is essential reading for policy analysis courses in political science, health, and social work programs, as well as for United States policymakers at the local, state, and national levels.
Categories: Political Science

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia Comparative Analyses and Case Studies

Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia  Comparative Analyses and Case Studies

... and even imprisonment (Yin, 2018; 2020; 2021). These delays will not only aggravate the condition, but also endanger the defendant's case. Civil litigation is quite expensive as a result of the numerous unofficial expenses that ...

Author: Yin, Elijah Tukwariba

Publisher: IGI Global

ISBN: 9781799878995

Category: Law

Page: 265

View: 192

The civil justice system is characterized by a distinct dispute resolution and law enforcement functions, although these functions are not always explicit and their relationship can be vague. People normally turn to this legal system to address an “unjust" situation they encounter. This makes civil justice both socially and economically important, as it may be driven by efficiency or access to justice concerns. The literature suggests that law reform has an uninspiring record in this field. This is because it has, largely, not been considered with a detailed, empirically informed evaluation of proposed solutions. This legal system is complex, and research in this field is correspondingly challenging, interesting, and important. Advancing Civil Justice Reform and Conflict Resolution in Africa and Asia: Comparative Analyses and Case Studies provides significant empirical research findings as well as theoretical reviews and frameworks on a wide array of issues within civil justice and the legal system. This includes topic areas such as access to justice and legal representation, the challenges to developing civil justice, courts and procedures, and civil justice reform. This book is valuable for lawyers, human rights lawyers, court officials, psychologists, social workers, sociologists, consultants, professionals, academicians, students, and researchers working in the field of law, socio-legal studies, sociology, anthropology, political science, social work, social policy, economics, and criminal justice, along with anyone seeking updated information on the current reforms and challenges within the civil justice and legal systems.
Categories: Law

Moore s AnswerGuide Federal Pretrial Civil Litigation

Moore s AnswerGuide  Federal Pretrial Civil Litigation

«Ch. 4 », « Pt. B», «§ 4.05», •[1]» 1 Moore's AnswerGuide: Fed Pretrial Civil Litigation § 4.05[1] (2020) [1] Using Fictitious Name for Plaintiff A plaintiff seeking to proceed under a fictitious name must request permission from the ...

Author: Jenner & Block LLP

Publisher: LexisNexis

ISBN: 9781663308894

Category: Law

Page: 1544

View: 567

Provides quick answers to basic questions about federal pretrial practice from forum selection through pleading, discovery, and pretrial motions. Contains dozens of helpful checklists. Textual features appearing throughout the publication include warnings, strategic points, and circuit split discussions. Extensively cross referenced to Moore’s Federal Practice and other sources for more detailed analysis, forms, and other helpful resources.
Categories: Law

Taming the Guerrilla in International Commercial Arbitration

Taming the Guerrilla in International Commercial Arbitration

Accessed 19 Sept 2021. Jackson LJ. Third party funding or litigation funding (Speech delivered at the sixth lecture in the civil litigation costs review implementation programme. The Royal Courts of Justice 2011).

Author: Navin G. Ahuja

Publisher: Springer Nature

ISBN: 9789811900754

Category: Law

Page: 323

View: 448

The book explores the definition and nature of guerrilla tactics in international commercial arbitration. It analyses various such tactics deployed (pre-Covid and during Covid times) and portrays them in a way that enables one to visualise how, and possibly why, they might be deployed. Attempts to codify ethical standards and rules regulating the behaviour of legal representatives in international arbitration are examined. The book covers a range of culture clashes, addresses several elephants in the room, and looks at factors inherent in the arbitral process that create opportunities and increase temptations to misbehave. It considers the remedies and sanctions available in international arbitration and compares them to those available to the courts in civil litigation. In addition to recommendations for future research, the book offers solutions to curb the problem in line with party autonomy and with a critical analysis. “This manuscript is an essential solutions-based text that not only addresses a comprehensive range of modern-day guerrilla tactics in international commercial arbitration but also offers thoughtful methods to deal with the shenanigans that parties may bring to the arbitral process.” - Chiann Bao, Independent Arbitrator, Arbitration Chambers and Vice President of the International Chamber of Commerce, Court of Arbitration “Dr. Ahuja’s book is a thoughtful and highly practical contribution to the study of procedures in international commercial arbitration. It is replete with scholarly analysis, careful treatment of authority, pragmatic insights and policy discussions. Any practitioner or student of international arbitration would benefit from this volume.” - Gary Born, Author, International Commercial Arbitration (3d ed. 2021) “A highly readable and informative book which identifies and analyses the numerous guerrilla tactics parties may attempt to deploy in international commercial arbitration, the factors which may encourage such behaviour, and practical mechanisms to keep the proceedings on track. Both erudite and practical, this book is a must-read for parties, counsel and arbitrators alike.” - Prof. Benjamin Hughes, Independent Arbitrator, The Arbitration Chambers “Guerrilla tactics are a pertinent problem in arbitration. Dr. Ahuja’s well written book not only describes the various tactics in a succinct way but provides extremely useful guidance on how to tackle them. It will be a primary source of reference for every practitioner faced with such tactics.” - Prof. Dr. Stefan Kröll, Chairman of the Board of Directors of the German Arbitration Institute (DIS) “Taming the Guerrilla in International Commercial Arbitration offers a refreshingly candid and balanced discussion of ‘sharp practices’ in international arbitration. The book collects a wealth of information on guerrilla tactics previously only available in separate survey reports, articles, and guidelines on the topic. It additionally includes a chapter addressing tactics deployed in virtual or remote arbitrations due to the Covid-19 pandemic. The comprehensive research and analysis presented in this book make it a valuable resource to counsel, parties, arbitrators, academics, and those who deliver practical arbitration training. A must-read for those who want to better understand the practices that may lead some to disfavor arbitration and ways the arbitration community can respond to guerrilla tactics to improve the arbitration process for all participants.” - Dana MacGrath, Independent Arbitrator, MacGrath Arbitration “From an unreasoned fiat of a wise man who left both sides equally unhappy but resolved the disputes effectively, arbitration has evolved into a full-scale trial before a party chosen tribunal. Its informality and expedition puts in peril the fundamental right of the recalcitrant to delay proceedings. Dr. Ahuja has assiduously articulated the measures, aptly christened Guerrilla Tactics, used to disrupt and derail arbitrations. An indispensable read for the practitioner and an insightful treatise for the policy maker.” - Harish Salve SA QC, Blackstone Chambers “This book shines a spotlight on arbitration’s dark arts - guerrilla tactics. Dr Ahuja illuminates this shadowy world with excellent (and much needed) scholarship that is practice-based and useful for all stakeholders in arbitration. His examination of the root causes of this problem, recommendations on how to control it, comparisons with litigation practice and suggestions for future research marvellously combine to make this a work that is required to be consulted by all serious counsel, arbitrators, institutions and academics in the field of arbitration.” - Romesh Weeramantry, Head, International Dispute Resolution, Centre for International Law, National University of Singapore
Categories: Law

International Civil Litigation in United States Courts

International Civil Litigation in United States Courts

2021); Who Is a “Managing Agent” of a Corporate Party (to Civil Litigation) Whose Discovery-Deposition May Be Taken Under Federal Rules of Civil Procedure or State Counterparts, 98 A.L.R.2d 622 (2021). See In re Honda Am. Motor Co., ...

Author: Gary B. Born

Publisher: Aspen Publishing

ISBN: 9781543847420

Category: Law

Page: 1498

View: 921

International Civil Litigation in United States Courts, by Gary B. Born and Peter B. Rutledge, is the essential, comprehensive law school text for the current and future international litigator, whether based in the United States, Europe, or elsewhere. Examiningevery topic discussed in competing texts with extensive narrative, unparalleled notes, and detailed citations, this book covers the gamut of international dispute resolution, whether judicial jurisdiction, sovereign immunity, extraterritoriality, conflicts of law, parallel proceedings, discovery disputes, service, judgment enforcement, and international arbitration. This Seventh Edition includes excerpts and updated discussions of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics. New to the SeventhEdition: Latest developments in litigation under the Alien Tort Statute and the Torture Victim Protection Act Latest developments in sovereign immunity law following several landmark Supreme Court decisions Latest developments regarding the extraterritorial application of federal law following several landmark Supreme Court decisions Critical examination of the new Restatement (Fourth) of the Foreign Relations of the United States Up-to-date citation and review of the most current academic legal scholarship in the field Professors and students will benefit from: Detailed notes with easy-to-use questions for discussion and legal analysis Comprehensive discussion of international dispute resolution, including international arbitration and other forms of dispute resolution outside of litigation in national courts Comparative foreign treatment of selected issues of international civil procedure Extensive notes and up-to-date citations that ensure the book has enduring value long after a course has ended, and it becomes a resource for practitioners seeking to research the field Documentary Supplement
Categories: Law