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This text reveals what happens to applications for post-conviction review when those in England and Wales who consider themselves to have been wrongfully convicted, and have exhausted direct appeal processes, apply to have their case assessed by the Criminal Cases Review Commission. It presents the findings of the first thorough empirical study of decision-making and the use of discretion within the Commission. It shows how the Commission exercises its discretionary powers in identifying and investigating possible wrongful convictions for rehearing by the Court of Appeal.
Judicial error --- Great Britain. --- Conviction of the innocent --- Convictions, Erroneous --- Convictions, Mistaken --- Convictions, Wrongful --- Criminal justice, Errors of --- Erroneous convictions --- Errors of criminal justice --- Innocent, Conviction of the --- Justice, Miscarriage of --- Miscarriage of justice --- Mistaken convictions --- Wrongful convictions --- Criminal justice, Administration of --- Justice, Administration of --- Trials --- CCRC
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Torts and other wrongs is a collection of eleven of the author's essays on the theory of the law of torts and its place in the law more generally. Two new essays accompany nine previously published pieces, a number of which are already established classics of theoretical writing on private law. Together they range across the distinction between torts and other wrongs, the moral significance of outcomes, the nature and role of corrective and distributive justice, the justification of strict liability, the nature of the reasonable person standard, and the role of public policy in tort adjudication. Though focussed on the law of torts, the wide-ranging analysis in each chapter will speak to theorists of private law more generally.
Torts. --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- Negligence. --- Guilt (Law) --- Master and servant --- Damages --- Dolus (Civil law) --- Negligence, Contributory --- Torts
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Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.
Familles --- Domestic relations --- Domestic relations. --- Droit --- Aspect psychologique. --- Droit. --- Psychological aspects. --- abortion. --- adoption. --- alimony. --- alternative dispute resolution. --- assisted reproductive technology. --- caregiving. --- child maltreatment. --- child support. --- cognitive biases. --- cohabitation. --- contraception. --- couples counseling. --- custody. --- dissolution. --- divorce. --- educational requirements. --- elder maltreatment. --- incest. --- intimate partner. --- mandatory reporting. --- marital privilege. --- marriage law. --- modern parenting. --- nonmarriage. --- parental responsibility. --- polygamy. --- premarital. --- prenuptial agreements. --- property. --- separation. --- solemnization. --- surnames. --- violence. --- wrongful adoption. --- wrongful birth.
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This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties.
Torts --- 347.4 <4> --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Obligations (Law) --- Negligence --- Reasonable care (Law) --- 347.4 <4> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Europa --- Torts - Europe
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All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals. With contributions by Cristina Amato, Bjarte Askeland, Ewa Baginska, Jean-Sébastien Borghetti, Jonathan Cardi, Giovanni Comandé, Eugenia Dacoronia, Isabelle Durant, Michael G Faure, Josep Solé Feliu, Israel Gilead, Albert Ruda González, Michael D Green, Jiří Hrádek, Ernst Karner, Anne LM Keirse, Bernhard A Koch, Wenqing Liao, Ulrich Magnus, Miquel Martín-Casals, Johann Neethling, Ken Oliphant, Luboš Tichý, Vibe Ulfbeck, Pierre Widmer, Vanessa Wilcox, Bénédict Winiger. About the editor: Miquel Martin-Casals is Professor Civil Law at the University of Girona (Spain) since 1993. Previously he was Assistant Professor of Civil Law (University of Barcelona, 1980) and Associate Professor of Civil Law (Autonomous University of Barcelona 1986). He obtained a law degree (1978) and a doctorate (1984) at the University of Barcelona. He is member of several legal societies and groups (European Group on Tort Law (EGTL), the American Law Institute (ALI), the Groupe de recherche européen de la responsabilité civile et assurance (GRERCA), International Academy of Comparative Law (IACL/AIDC), etc.) and he is currently chairperson of the Legal Group of the Spanish Interministerial Follow-Up Commission for the 2015 Act on the reform of the compensation system for death and personal injury resulting from road traffic accidents ('baremo').
Torts. --- Contracts. --- Agreements --- Contract law --- Contracts --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Negligence --- Reasonable care (Law) --- Law and legislation
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All European legal systems recognise a boundary between the domains of tort and contract. While there have been voices contending that this distinction is no longer valid or at least that there should be a unification of the two sets of rules in particular contexts, others claim that there is still a very important distinction to be maintained. In fact the boundary between the two areas is often blurred and whether it is drawn in one place or another varies from country to country, giving rise to the paradox that what is considered a matter of contractual liability in one legal system is governed exclusively by tort law in another. This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes. It also analyses to what extent actions in tort and in contract exclude each other and, when this is the case, how their concurrence is organised. Lastly it devotes its attention to specific situations such as pre-contractual liability and the liability of professionals.
Law of obligations. Law of contract --- Tort and negligence --- Europe --- Responsabilité (droit) --- Contrats --- Torts --- Contracts --- Comparative law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Civil wrongs --- Delicts --- Injuries (Law) --- Quasi delicts --- Wrongful acts --- Accident law --- Actions and defenses --- Liability (Law) --- Negligence --- Reasonable care (Law) --- Law and legislation --- Responsabilité civile --- Droit comparé
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Commercial law --- Company law. Associations --- aansprakelijkheid (recht) --- E-books --- wrongful trading --- aansprakelijkheid --- faillissement --- konkurs --- πτώχευση --- upadłość --- стечај --- konkurssi --- fallimento --- stečaj --- falimentim --- pankrot --- Konkurs --- bankrot --- bankrotas --- банкротство --- quiebra --- konkurz --- фалит --- faillite --- faliment --- féimheacht --- falência --- bankruptcy --- falliment --- bankrots --- csőd --- Bankrott --- chiusura del fallimento --- bedräglig konkurs --- csalárd csőd --- banqueroute --- insolvență comercială --- frauduleus bankroet --- dichiarazione di fallimento --- betrügerischer Konkurs --- quiebra fraudulenta --- bankroet --- bancrută frauduloasă --- bankrutt --- bancarrota --- криминален стечај --- criminal bankruptcy --- svigagtig konkurs --- neteisėtas bankrotas --- pankrotikuritegu --- bancarotta fraudolenta --- revocatoria fallimentare --- konkurssirikos --- δόλια χρεωκοπία --- ļaunprātīgs bankrots --- χρεωκοπία --- неспособност за плаќање --- procedura giudiziaria fallimentare --- concordato fallimentare --- faillite frauduleuse --- банкрот --- bancarotta --- bankerot --- паѓање под стечај --- úpadek --- Konkursverfahren --- falimentim i një krimineli --- úpadok --- Vermögensliquidation --- несолвентност --- одговорност --- отговорност --- atsakomybė --- përgjegjësi --- responsabilità --- vastutus --- obbligazzjoni --- odpovědnost --- felelősség --- responsabilidade --- responsabilidad --- atbildība --- responsabilitate juridică --- zodpovednosť --- vastuu --- odgovornost --- ansvar --- responsabilité --- Haftung --- odpowiedzialność --- liability --- ευθύνη --- kolektívna zodpovednosť --- συλλογική ευθύνη --- juridiskt ansvar --- Gesamthaftung --- përgjegjësi ligjore --- kolektyvinė atsakomybė --- syyntakeisuus --- õiguslik vastutus --- Gemeinschaftshaftung --- právna zodpovednosť --- pienākums --- oikeudellinen vastuunalaisuus --- saistības --- lovbestemt ansvar --- responsabilidade legal --- kopīga atbildība --- kollektiivinen vastuu --- Solidarhaftung --- jogi kötelezettség --- juridische aansprakelijkheid --- kolektivna odgovornost --- responsabilité légale --- legal liability --- kollektív felelősség --- teisinė atsakomybė --- responsabilità legale --- collegiale aansprakelijkheid --- responsabilidad legal --- pravna odgovornost --- collective liability --- responsabilidade colegial --- ευθύνη εκ του νόμου --- juridiska atbildība --- wettelijke aansprakelijkheid --- законска одговорност --- responsabilidade coletiva --- правна одговорност --- колективна одговорност --- kollektív kötelezettség --- legal responsibility --- responsabilité juridique --- egyetemleges felelősség --- vastutusvõimelisus --- objektív felelősség --- egyetemleges kártérítési felelősség --- ansvar enligt lag --- gesetzliche Haftung --- përgjegjësi kolektive --- kollektiivne vastutus --- responsabilidad jurídica --- zakonska odgovornost --- ευθύνη έναντι τρίτων --- responsabilidad colegiada --- responsabilidade jurídica --- zodpovědnost --- gesamtschuldnerische Haftung --- jogi felelősség --- δικαιοπρακτική ευθύνη --- responsabilité collégiale --- responsabilitate colectivă --- kollegialt ansvar --- juridisk ansvar --- responsabilità giuridica --- právní odpovědnost --- solidārā atbildība --- erstatningsansvar --- responsabilità collegiale --- gemensamt ansvar --- dliteanas --- Directors of corporations --- Tort liability of corporations --- Bankruptcy --- Indemnity against liability --- Administrateurs de sociétés --- Sociétés --- Faillite --- Conventions d'indemnisation --- Malpractice --- Responsabilité professionnelle --- Responsabilité civile --- wrongful trading. --- Responsabilité
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