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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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"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"--
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Actions and defenses --- Remedies (Law) --- 341.2422 --- Uf4.3 --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Law and legislation --- European law
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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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Economic law --- Actions and defenses --- -Products liability --- -ABB9312 --- 13.04.c --- Manufacturers' liability --- Product liability --- Products liability --- Tort liability of manufacturers --- Liability (Law) --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Wettelijke en contractuele aansprakelijkheid ; Zaken ; Productenaansprakelijkheid --- Law and legislation
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Judicial statistics --- Actions and defenses --- Courts --- Justice, Administration of --- Law --- Legal statistics --- Statistics --- 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 --- Judicial statistics - Netherlands. --- Actions and defenses - Netherlands - Statistics. --- QUERULENCE --- PAYS-BAS --- CONTENTIEUX JUDICIAIRE --- CULTURE DE PLAINTES
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Civil procedure --- Courts --- Actions and defenses --- Judiciary --- Dispute resolution (Law) --- Judicial districts --- Law --- Procedure (Law) --- Judicial power --- Jurisdiction --- Justice, Administration of --- Appellate procedure --- Trial practice --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Remedies (Law) --- Law and legislation --- Allemagne --- France --- Italie --- Japon --- Etats-Unis --- Royaume-Uni
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Pleading --- 347.962 <492> --- Common law pleading --- Declarations (Law) --- Demurrer --- Pleadings --- Actions and defenses --- Civil procedure --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Procedure (Law) --- Trial practice --- Remedies (Law) --- Appellate procedure --- Law and legislation --- Theses --- Law of civil procedure --- Social security law --- Netherlands --- Court proceedings --- Procédure civile
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The common law is one of two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire.
Breach of contract --- Actions and defenses --- Law - Non-U.S. --- Law, Politics & Government --- Law - Great Britain --- History --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Civil procedure --- Remedies (Law) --- Non-performance (Law) --- Contracts --- Discharge of contracts --- Law and legislation
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In two volumes Neil Andrews (University of Cambridge) examines civil processes in England and Wales. One of the leading legal jurisdictions in this area of law as many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court. Written in a clear and well-ordered style, Andrews on Civil Processes therefore discusses the most important styles of civil dispute resolution: court proceedings (volume 1), mediation and arbitration (volume 2).Neil Andrews guides the reader through the practice of dispute resolution in all its major forms: public and private, adjudicative and conciliatory. The subject-matter has been split into two volumes to provide specialists with a choice, but the two volumes are of course complementary. They provide a complete picture of the court and arbitration systems, and of the developing technique of mediation. Advisors seeking further leads are also assisted by detailed citation of primary sources and rich bibliographical references.Volume 1: Court ProceedingsIn England there has been a sustained effort to control court proceedings and render them more efficient. The author explores common legal principles and connections between the court system and the alternative techniques of arbitration and mediation. For example, there is discussion of: the four forms of civil justice (chapter 1: mediation, settlement without mediation, arbitration, and court proceedings); the six phases of court proceedings (chapter 4); the four forms of English multi-party litigation (chapter 22); and the five constellations of procedural principle - advice and access, empowering the parties, conditions for sound decision-making, an efficient process, a fair process, and upholding judgment (chapters 25 to 29).Most recently, reform of costs was examined by Lord Justice Jackson's inquiry in 2009-10. This 2013 publication takes the complex set of reforms and changes introduced in April 2013 into account and provides detailed discussion where relevant (inter alia. qualified one way cost shifting, damages-based agreements, and the changes to conditional fee agreements and the system of settlement offers). A convenient survey of these changes is also set out in the introductory chapter of volume 1.'English civil procedure has undergone significant changes over the past few years. The Jackson reforms were the final piece in the jigsaw in what had already been a significantly changed procedural landscape. Against this background it is of a paramount importance to keep reference works up-to-date in order to give one a clear picture of where we stand. The new book, Andrews on Civil Processes, published in 2013, was designed to fill in the gap between recent developments and scholarly works in the field. This goal was squarely achieved. The book consists of two volumes, the first devoted to court proceedings while the second one deals exclusively with Arbitration and Mediation. It is a one-stop book for all those who want to resolve their disputes in England, be it through courts or ADR. Last but not least, Professor Neil Andrews is a respected authority in the realm of civil procedure and contract law, and his book should be warmly received by all contentious lawyers. 'Dr Roman Khodykin, partner in the law firm Berwin Leighton Paisner LLP (London)
Civil procedure --- Mediation --- Conduct of court proceedings --- Actions and defenses --- Civil actions --- Defense (Law) --- Interpleader --- Lawsuits --- Litigation --- Personal actions --- Real actions --- Suits (Law) --- Court proceedings --- Procedure (Law) --- Trial practice --- Remedies (Law) --- Conduct in courtrooms --- Courtroom decorum --- Decorum in court --- Legal decorum --- Legal etiquette --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Appellate procedure --- Law and legislation
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