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The aim of this monograph is to describe and analyse the Czech regulation of evidence taking in its complexity and entirety. Since the monograph is primarily destined for foreign lawyers, not only the legal regulation but also its reflection by the Czech legal theory as well as judicial practice is examined. Thus, the added value of this publication is that it not only describes the legal regulation itself, but also demonstrates on numerous case law produced by Constitutional Court and Supreme Court its real functioning in daily judicial practice. This allows better understanding of how the whole system of evidence taking in the Czech civil procedure works. The publication offers an extensive summary and analysis of regulation of the Czech civil procedure related to the evidence taking. In order to ensure such complex approach, the first part of the monograph is dedicated to fundamental and general principles of the Czech civil procedure which are crucial for the regulation of various aspects of evidence taking. Since the concept of evidence may be different in various jurisdictions, the monograph also examines the value and importance of evidence in the Czech law as well as principles and standards of its collection and subsequent judicial evaluation. Due to the existing differences in various jurisdictions, special attention is dedicated especially to the written evidence and to the role and importance of experts and witnesses in judicial proceedings. The recent judicial practice often has to deal with foreign elements (foreign witness, document in foreign language etc.) in judicial proceedings. For this reason the publication also examines various aspects of translation and interpretation in Czech judicial proceedings. The attention is dedicated also to costs of proceedings. Covered are the principles on which the payment of costs is based as well as rules governing which party and to which extent will bear them. Last chapter examines the concept of “illegally obtained evidence” and “illegal evidence” in the Czech civil procedure. Thus, the focus is put on rules regulating which evidence is according to the Czech Civil Procedure Code as interpreted by Czech highest courts permissible in civil procedure.
Civil law --- Jurisprudence --- Actions and defenses --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Law --- Law, Civil --- Private law --- Roman law --- Law and legislation --- Philosophy
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Actions and defenses --- Universities and colleges --- Educational law and legislation --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- History. --- Admission. --- Law and legislation
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In America's litigious society, everyone needs to know a few basics to avoid being snowed, cowed and generally abused. Even those who can afford to hire lawyers need to know what they are up to. This introduction to legal doctrines is a good first step if you want to file suit or help prepare your own legal defenses. When a conflict arises, what are the main doctrines of law that give one side an advantage? What do they mean, and how do they apply? When you can see through the legal jargon, the intimidation factor loses its power and you can concentrate on real issues.
Jurisprudence --- Law --- Actions and defenses --- Law - U.S. --- Law, Politics & Government --- Law - U.S. - General --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Philosophy --- Philosophy. --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Law and legislation
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"This work explores free and enslaved African Americans' involvement in a broad range of civil actions in the Natchez district of Mississippi and Louisiana between 1800 and 1860. Though the antebellum southern courts have long been understood as institutions supporting the class interests and the racial ideologies of the planter and merchant elite, Kimberly Welch shows how black litigants found ways to advocate for themselves even within a racist system. To understand their success, Welch argues that we must understand the language that they used--the language of property, in particular. Because private property and slavery were fundamentally linked in the minds of slave owners, the term 'property' contained a group of metaphors that underwrote a set of white, male claims about autonomy, membership, citizenship, and personhood" --
Actions and defenses --- African Americans --- Afro-Americans --- Black Americans --- Colored people (United States) --- Negroes --- Africans --- Ethnology --- Blacks --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Social conditions --- History --- Law and legislation --- Black people
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Hellenismus ist nicht nur eine Epochenbezeichnung. Der Begriff wurde geprägt, um die wechselseitige Durchdringung von Orient und Okzident und die Verschmelzung der dominierenden griechischen Kultur mit anderen zu beschreiben. Anzeichen für eine lediglich oberflächliche Verbreitung der transformierten griechischen Kultur legen Vergleiche mit neuzeitlichen Kolonialgesellschaften nahe, auch wenn die hellenistischen Reiche kein Mutterland hatten. Die drei letzten vorchristlichen Jahrhunderte waren jedenfalls unstreitig von hoher Mobilität, intensiver Kulturbegegnung, von Symbiose und geistigem Austausch geprägt. Damals wurden die in der Polis entstandenen Ideen zu Herrschaft und Rechtsstaatlichkeit in großflächige Herrschaftsgebilde überführt und gingen später in die lateinische Literatur des römischen Imperiums und dann frühe christliche Gedankengebäude über. Die Frage, wie Konfliktlösung in einer dieser polyethnischen ostmediterranen Gesellschaft funktionierte, kann nur für Ägypten beantwortet werden, da allein hier in nennenswertem Umfang auch Alltagsschriftgut überliefert ist. Anhand der vielfältigen Rechtsschutzgesuche an unterschiedliche Autoritäten (Gerichte, Beamte, Vereinsvorstände) sowie anhand der wenigen Zeugnisse königlicher Regulierung der Rechtsschutzgewährung soll in dieser Untersuchung primär das Konfliktlösungsverhalten der griechischsprachigen Bevölkerungsschicht kartographiert werden, das sich durch die Vielfalt der Instanzen trotz grundlegender Untersuchungen zur Gerichtsorganisation (v.a. von Hans-Julius Wolff) noch immer unserem Verständnis entzieht. Um die bisherigen Ansätze zu überwinden, wird als Ausgangsthese angenommen, dass staatliche Eingriffe in die vorhandene Vielfalt der Konfliktlösungsinstanzen nur bei äußerem Zwang erfolgten und sie ansonsten der Selbstorganisation überlassen wurden.
Egyptian law. --- Justice, Administration of --- Actions and defenses --- History. --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Administration of justice --- Law --- Courts --- Law, Egyptian --- Law, Ancient --- Law and legislation --- Hellenismus --- die drei letzten vorchristlichen Jahrhunderte --- Herrschaft und Rechtsstaatlichkeit --- Konfliktlösung --- Konfliktlösungsverhalten --- Ägypten --- Rechtsschutzgescuhe --- Rechtsschutzgewährung --- griechischsprachige Bevölkerungsschicht
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In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, 'The Cultural Defense' provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom.
Defense (Criminal procedure) --- Actions and defenses --- Culture and law. --- Law and culture --- Law --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Criminal defenses --- Defenses, Criminal --- Criminal procedure --- Due process of law --- Public defenders --- Sociological aspects. --- Law and legislation --- Defense (Criminal procedure) - Sociological aspects --- Actions and defenses - Sociological aspects --- Culture and law
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Offering interdisciplinary insights from sociological, psychological and gender studies, this book addresses this question: how do professional, lay and gendered actors understand and experience case processing in litigation and mediation? Drawing on data from 131 interviews, questionnaires and observations of plaintiffs, defendants, lawyers and mediators involved in 64 fatality and medical injury cases, the book challenges dominant understandings of how formal legal processes and dispute resolution work in practice as well as the notion that disputants and their representatives broadly understand and want the same things during case processing. In juxtaposing actors' discourse on all sides of ongoing cases on issues such as expectations, needs, comprehensions of what plaintiffs seek from the legal system, objectives for resolving conflict at mediation, and perceptions of what occurs during attempts at case resolution, the findings reveal inherent problems with the core workings of the legal system.
Mediation. --- Dispute resolution (Law) --- Actions and defenses. --- Actions and defenses --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Law and legislation --- Dispute resolution (Law). --- Law --- General and Others
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"All EU Member States have now transposed Directive 2014/104/EU on damages actions for breaches of competition law into national law. The directive (and the soft-law instruments accompanying it) does not only mark a new phase for private enforcement of competition law but also, more generally, a novel and thought-provoking instance of EU harmonization of aspects of private law and civil litigation. Following up on a previous Hart volume in the Swedish Studies in European Law series, published in 2016, this book offers contributions from top practitioners and scholars from all over Europe who present and discuss first experiences from the implementation of the new damages regime in various jurisdictions. Topics covered include theoretical and practical reflections on the state of private enforcement in Europe, the balancing of conflicting interests pertaining to public and private enforcement of competition law respectively, and specific legal issues such as causation and the estimation of harm. The authors explore problems solved, problems created, and future challenges in the new regime of private enforcement of competition law in Europe, offering predictions as to issues that may have to be settled through recourse to the European Court of Justice"--
Antitrust law --- Actions and defenses --- Damages --- International and municipal law --- European Parliament. --- Injuries (Law) --- Measure of damages --- Accident law --- Compensation (Law) --- Obligations (Law) --- Personal injuries --- Set-off and counterclaim --- Torts --- Negligence --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Law and legislation --- Council of the European Union. --- Antitrust law - European Union countries - Congresses. --- Actions and defenses - European Union countries - Congresses. --- Damages - European Union countries - Congresses. --- International and municipal law - European Union countries - Congresses.
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Explores the relationship between legal and social change through a study of American litigation practice. The text examines changing litigation patterns in suits between individuals and corporations over tort claims for personal injuries and contract claims for insurance benefits.
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347.9 <09> <73>
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316:34 Rechtssociologie
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347.9 <09> <73> Gerechtelijk privaatrecht. Burgerlijk procesrecht. Burgerlijke rechtsvervolging--
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Practice of law --- Actions and defenses --- Attorney and client --- Legal ethics --- Lawyers --- Attorney-client relationships --- Attorneys and clients --- Client and attorney --- Client and lawyer --- Client-attorney relationships --- Client-lawyer relationships --- Clients and attorneys --- Clients and lawyers --- Counseling, Legal --- Lawyer and client --- Lawyer-client relationships --- Lawyers and clients --- Legal counseling --- Interpersonal relations --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Law --- Law practice --- Moral and ethical aspects --- Law and legislation --- Practice
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