Judicial Controls and the Civil Litigative Process

Judicial Controls and the Civil Litigative Process
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
Total Pages: 142
Release: 2017-01-01
Genre:
ISBN: 9781541389618

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This report should be viewed as a beginning. It explores from one perspective the operation of the federal rules governing discovery as revealed in more than 7, 000 docketed requests appearing in more than 3, 000 terminated cases in six United States district courts. (A survey of practitioners in the six districts suggests that the docketed requests cover the great bulk of discovery activity.) The report is a continuation of the Center's District Court Studies Project, the first report of which (Case Management and Court Management in United States District Courts) appeared several months ago.

Supreme Courts Under Pressure

Supreme Courts Under Pressure
Author: Pablo Bravo-Hurtado
Publisher: Springer Nature
Total Pages: 232
Release: 2021-03-13
Genre: Law
ISBN: 303063731X

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This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Michigan Court Rules

Michigan Court Rules
Author: Kelly Stephen Searl
Publisher:
Total Pages: 520
Release: 1922
Genre: Court rules
ISBN:

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Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Civil Justice Reconsidered

Civil Justice Reconsidered
Author: Steven P. Croley
Publisher: NYU Press
Total Pages: 297
Release: 2017-08-22
Genre: Law
ISBN: 1479811971

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Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system’s failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Federal Rules of Court

Federal Rules of Court
Author:
Publisher:
Total Pages:
Release: 2021
Genre: Court rules
ISBN: 9781663319005

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Reform of Civil Procedure

Reform of Civil Procedure
Author: A. A. S. Zuckerman
Publisher:
Total Pages: 478
Release: 1995
Genre: Law
ISBN:

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5. Making Tracks: Nick Armstrong

Judicial Control

Judicial Control
Author: Rob Bakker
Publisher: Maklu
Total Pages: 172
Release: 1995
Genre: Law
ISBN: 9789062155088

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