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Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
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At a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. Aiming to promote access to justice, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.
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In 1593 Robert Furse, a gentleman and lord of a manor in Devon, learned that he was dying, leaving a son of only nine years old. Unable to oversee his son's upbringing, he wrote a book for the child, his mentors and his successors, giving moral and practical advice. Furse's memoir sets out the family's history and properties, giving descriptions, values, and proofs of legal titles. He also includes character sketches and discusses lawsuits, gossip, scandal, murder and executions, all rendered in his own vernacular style. The book will interest not only historians of Devon but also readers interested in the life of the gentry in Tudor England.
Landowners. --- Landowners --- Furse, Robert, --- Devon (England) --- History --- 1593. --- Character sketches. --- Devon. --- Family history. --- Gentry. --- Lawsuits. --- Legal titles. --- Memoir. --- Robert Furse. --- Scandal. --- Tudor England. --- Tudor society.
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Citizen suits (Civil procedure) --- Class actions (Civil procedure) --- Popular actions --- Actio popularis --- Qui tam --- Aggregate litigation (Class actions) --- Class action lawsuits --- Citizen lawsuits --- Citizens' actions --- Private attorney general --- Public interest actions --- Public interest litigation --- Law of civil procedure --- Germany --- Actions and defenses --- Parties to actions --- Civil procedure --- Complex litigation --- Public interest law
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Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946 --- Nuremberg, Procès de, 1945-1946 --- Pétain, --- Eichmann, Adolf, --- Trials, litigation, etc. --- Nuremberg, Procès de, 1945-1946 --- Pétain, --- Historical lawsuits --- World war 2 --- Nazism --- 20th century
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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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The present book deals with an historical Castilian legal institution (tanteo comunal) that, in the modern age, allowed villages by means of lawsuits brought to the royal council of Castile to repurchase the offices related to their local government (regidores), previously privatized by the crown. In this regard, a survey has been carried on not only through the judicial practice of the time but also through the coeval legal doctrines (doctrina). "Derecho dominical y tanteo comunal" aims also to outline a comparison with more archaic actions (actiones populares) which were used, until then, by local communities against the usurpers of their own properties (bienes comunales), in order to obtain their restitution. To this regard, the results of this research highlight the strong relationship between the acciones populares and the tanteo comunal. However the institutional reforms, later undertaken by the crown, deeply affected local government and eventually eclipsed this particular legal institution.
Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- Law of the Modern Age --- Crown --- Edad Moderna --- Local government --- Lawsuits --- Commons --- Derecho de la Edad Moderna --- History of law --- Historia del derecho --- Spain --- Castile
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"Globalisation and technological innovation have been fueling the need for more and more trust in private actors, such as companies or special interest groups, in regulating and enforcing significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertisement and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question whether private actors live up to citizens' expectations or more should be done as to the safeguards of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement is embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context, which, unlike the national and transnational ones, has not been widely explored yet. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book therefore adds another missing tile to the mosaic of public-private governance studies"--
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 and legislation
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freedom of expression --- Article 10.2 of the European Convention of Human Rights --- hate speech --- European Court of Human Rights --- Council of Europe --- United Nations (UN) --- European Union (EU) --- case-law --- judgments --- lawsuits --- legislation --- European Convention of Human Rights (ECHR)
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