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Trial practice --- Procedure (Law) --- States
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This commemorative publication is dedicated to Gerhard Fezer, the distinguished criminal trial law professor, in honor of his 70th birthday.
Criminal procedure --- Appellate procedure --- Appeal --- Appellate courts --- Civil procedure --- Courts --- Procedure (Law) --- Trial practice
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Justice, Administration of --- Trial practice --- Justice --- Procédure relative au procès --- Administration
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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.
Law of civil procedure --- International law --- Civil procedure --- Foreign influences --- Congresses --- Procedure (Law) --- Law --- International unification --- Actions and defenses --- Appellate procedure --- Trial practice --- Law and legislation
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This text examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. For the court to find the truth to do justice, it must do justice in finding the truth.
Evidence (Law) --- Law. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Extrinsic evidence --- Parol evidence --- Trial evidence --- Actions and defenses --- Judicial process --- Trial practice --- Estoppel
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The Second Edition of ""Defenses in Contemporary International Criminal Law"" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field
Defense (Criminal procedure) --- International offenses. --- Criminal defenses --- Defense (Law) --- Defenses, Criminal --- Actions and defenses --- Criminal procedure --- Due process of law --- Trial practice --- Public defenders --- Crimes, International --- International crime --- International offenses --- Crime --- International crimes.
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Joinder of issue --- Civil procedure --- Law, Germanic --- Jurisprudence --- History --- Law, Germanic. --- History. --- Germanic law --- Law --- Joinder in issue --- Joining of issue --- Litis contestatio --- Litiscontestation --- Similiter (Pleading) --- Pleading --- Procedure (Law) --- Actions and defenses --- Appellate procedure --- Trial practice --- Literary history --- Law and legislation --- Joinder of issue - Germany - History --- Civil procedure - Germany - History --- Jurisprudence - History
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There is at least one consideration of the doctrine of abuse of process in virtually every major criminal trial today. This title blends doctrinal discussion with theory to provide a comparative analysis of abuse of process and focuses upon the profound impact of the European Convention on Human Rights in this area.
Criminal procedure --- Judicial discretion --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- Criminal law --- Courts --- Criminal justice, Administration of --- Procedure (Law) --- Public law --- Appellate procedure --- Criminal courts --- Trial practice --- Discretion, Judicial --- Discretion (Law) --- Discretion of court --- Administrative discretion --- Judges --- Law --- Pleading and practice --- Law and legislation --- Interpretation and construction
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Criminal procedure --- -Criminal courts --- -345.43/05 --- Tb2deu --- Courts, Criminal --- Correctional institutions --- Courts --- Criminal justice, Administration of --- Criminal law --- Procedure (Law) --- Public law --- Appellate procedure --- Criminal courts --- Trial practice --- Rules and practice --- Pleading and practice --- Law and legislation --- -Rules and practice
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The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross-border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation a judicial network and judicial training structures. This book offers the first detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law and European law. The book situates the development of the policy area and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity and governance. It provides a detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analyzed, including the introduction of the principle of mutual recognition. The book concludes with a comparative analysis of the EU's approach with broader international efforts for procedural harmonization.
Law of civil procedure --- European law --- Civil procedure --- -347.05094 --- Uk1 --- Procedure (Law) --- Actions and defenses --- Appellate procedure --- Trial practice --- Law and legislation --- 347.05094 --- Civil procedure - European Union countries --- Union européenne --- Reconnaissance mutuelle et exécution des décisions --- Accès à la justice --- Etats membres --- procédure civile --- règlements des petits litiges --- injonction de payer --- modes alternatifs de résolution des conflits --- titres exécutoires --- créances incontestées --- aide judiciaire --- coopération --- obtention des preuves --- réseau judiciaire
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