%{search_type} search results

• Introduction
• Purpose of costs
• Manitoba's existing regime
• Other jurisdictions
• Proposed reforms
• Executive summary
• Résumé

• Introduction: Why and how law school is different from college
• The study of civil procedure
• Personal jurisdiction
• Notice and opportunity to be heard
• Subject matter jurisdiction
• Venue, transfer, and forum non conveniens
• Stages of pretrial litigation
• Adjudication (with or without trial)
• Appellate review
• Defining the scope of litigation : joinder of claims and parties
• The preclusion doctrines
• Erie

Of the first-year subjects, Civil Procedure is the most foreign to students' experience. This book unlocks Civil Procedure by explaining doctrine and rules and placing them in context - explaining the role of each and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns.
(source: Nielsen Book Data)

• The study of civil procedure
• Personal jurisdiction
• Notice and opportunity to be heard
• Subject matter jurisdiction
• Venue
• Challenging the selection of forum
• Pleadings, amended pleadings, and judgments based upon pleadings
• Discovery and judicial management of litigation
• Adjudication and related motions
• The Erie Doctrine(s)
• The preclusion doctrines
• Defining the scope of litigation : joinder rules and subject matter jurisdiction
• Special multiparty litigation
• Appellate review

"This is a student treatise for students taking a civil procedure course in law school"-- Provided by publisher

• Introduction / Brooke Coleman, Suzette Malveaux, Portia Pedro, and Elizabeth Porter
• A critical perspective on personal jurisdiction : Kulko v. Superior Court / Roy L. Brooks
• Forging fortuity against procedural retrenchment : developing a critical race theoretical account of civil procedure / Portia Pedro
• Civil procedure in the shadow of violence / Shirin Sinnar
• Multiple disadvantages : an empirical test of intersectionality theory in EEO litigation / Rachel Kahn Best, Lauren B. Edelman, Linda Hamilton Krieger, and Scott R. Eliason
• Orientalizing procedure : insiders and outsiders in the doctrine of arbitration / Danya Shocair Reda
• Prisoner procedure / Katherine Macfarlane
• The benefits of class action litigation and the increasing threats to their viability / Suzette Malveaux
• Disability Employment Class Actions / Jasmine Harris
• Procedure and Indian children / Matthew L.M. Fletcher Neoshia R. Roemer
• The ideal and the actual in procedural due process / Norman W. Spaulding, Barbara Allen Babcock, and Toni Massaro
• The restrictive ethos in civil procedure / A. Benjamin Spencer
• Losers' rules / Nancy Gertner
• Disruptors and disruptions : re-centering procedural narratives / Alexander A. Reinert
• Class in courts : incomplete equality's challenges for the legitimacy of procedural systems / Judith Resnik
• Can a gay judge judge a gay rights case? Thoughts on judicial neutrality / Brian Soucek
• (Un)conscious judging / Elizabeth Thornburg
• When law forsakes the poor / Myriam Gilles
• Doorways of discretion : psychological science and the legal construction and erasure of racism / Victor D. Quintanilla
• #Sowhitemale : federal civil rulemaking / Brooke D. Coleman
• Building a litigation coalition : business interests and the transformation of personal jurisdiction / Charlton Copeland
• Notice and the narratives of court access / Robin J. Effron
• Subject matter jurisdiction : the interests of power and the power of interests / Elizabeth McCuskey
• Jurisprudence and recommendations for tribal court authority due to imposition of U.S. limitations / Angelique EagleWoman (Wambdi A. Was'tewinyan)
• How jurisdiction channeling erodes rights / David Marcus
• Procedural barriers to the use of Title IX as a defense for transgender students in state juvenile justice proceedings / Briana Rosenbaum
• Pleading and anti-racism / Deseriee Kennedy
• The master of the complaint? Pleadings in our inegalitarian age / Andrew Hammond
• Undocumented civil procedure / Stephen Lee
• Privilege and voice in discovery / Seth Katsuya Endo
• Civil rights summarily denied : race, evidence, and summary judgment in police brutality cases / Jasmine Gonzales Rose
• Gender and summary judgment / Elizabeth M. Schneider
• Summary judgment, factfinding, and juries / Suja A. Thomas
• The disparate racial impacts of color blind juror eligibility requirements / Kevin R. Johnson
• The power of narrative through intervention in affirmative action cases / Danielle Holley-Walker
• Class actions and the "day in court" ideal / Sergio J. Campos
• Reinvigorating commonality : gender and class action / Brooke D. Coleman and Elizabeth G. Porter
• Critical procedure : ADR and the justices' "second wave" constriction of court access and claim development / Eric K. Yamamoto
• Reconsidering prejudice in alternative dispute resolution for black work matters / Michael Z. Green
• When forum determines rights : forced arbitration of discrimination claims / Stephanie Bornstein

Shines a light on the ways in which civil procedure may privilege-or silence-voices in our justice system In today's increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure. Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their profession. A Guide to Civil Procedure reveals how procedure is, and always has been, a central pressure point in the struggle to eradicate structural inequality and oppression through the courts. This book will give students and scholars alike a more complex view of their roles as attorneys, sharpen their litigation skills, and provide a stronger sense of community and purpose in the law school classroom.
(source: Nielsen Book Data)

• Introduction
• Personal jurisdiction and other court-access rules
• Subject matter jurisdiction
• The law applied in federal court
• Anatomy of a litigation : pleading, discovery, and adjudication
• Remedies and forms of relief
• Prior adjudication
• The boundaries of the lawsuit : joinder of claims and parties
• Appeals
• Alternative dispute resolution

"Civil procedure casebook for law school students in the required first-year civil procedure course"-- Provided by publisher

• Introduction: scope and theory
• Personal jurisdiction, terrirorial power, and individual rights
• Choice of law and the extraterritorial application of American law
• Subject matter jurisdiction
• Sovereign immunity, the Act of State Doctrine, and human rights
• Service of process, discovery, and blocking statutes
• Competing cases in different countries
• Recognition and enforcement of judgments
• Arbitration
• Conclusion

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.
(source: Nielsen Book Data)

• Jurisdiction of U.S. courts over subject matter in international disputes
• Jurisdiction of U.S. courts over parties to international disputes
• Foreign sovereign immunity and jurisdiction of U.S. courts over foreign states
• Forum non conveniens in international litigation
• International forum selection agreements
• Parallel proceedings : lis alibi pendens and antisuit injunctions
• Legislative jurisdiction
• Choice of law in international litigation
• Act of state and foreign sovereign compulsion
• Service of U.S. process on foreign persons
• Extraterritorial discovery and taking evidence abroad
• Recognition and enforcement of foreign judgments
• International commercial arbitration and U.S. courts : an overview

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
(source: Nielsen Book Data)

• Contents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION
• SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini
• SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro
• SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rveku lg Article 11 205 Inga J.rveku lg Article 12 211 Inga J.rveku lg Article 13 214 Inga J.rveku lg Article 14 223 Inga J.rveku lg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch
• SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law
• SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Cristian Oro Martinez Article 21 304 Cristian Oro Martinez Article 22 315 Cristian Oro Martinez Article 23 318 Cristian Oro Martinez
• SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl
• SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel
• SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel
• SECTION 9 LIS PENDENS - RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law
• SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santalo Goris CHAPTER III RECOGNITION AND ENFORCEMENT
• SECTION 1 RECOGNITION Article 36 548 Wiebke Voss Article 37 562 Wiebke Voss Article 38 569 Wiebke Voss
• SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi
• SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Sub
• section 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Sub
• section 2 Refusal of Enforcement Article 46 680 Enrique Vallines Garcia Article 47 686 Enrique Vallines Garcia Article 48 695 Enrique Vallines Garcia Article 49 699 Enrique Vallines Garcia Article 50 704 Enrique Vallines Garcia Article 51 708 Enrique Vallines Garcia
• SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines Garcia Article 53 724 Enrique Vallines Garcia Article 54 735 Enrique Vallines Garcia Article 55 744 Enrique Vallines Garcia Article 56 756 Enrique Vallines Garcia Article 57 758 Enrique Vallines Garcia CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro
• Appendix 1: Annexes and Recitals 887 Index 898.
• (source: Nielsen Book Data)

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.
(source: Nielsen Book Data)

• Introduction / Alexander Trunk and Nikitas Hatzimihail
• EU law of civil procedure and third countries : the case of the European neighborhood policy / Jürgen Basedow
• The role of bilateral judicial assistance treaties in the context of EU civil procedure law and third countries / Elina N. Moustaira
• Direct jurisdiction : what rules (if any) for relations with third countries? / Alexander Trunk
• Residual jurisdiction : back to the future? / Michael Stürner and Friederike Pförtner
• The jurisdiction of the unified patent court : a model for the application of the Brussels Ia Regulation to non-EU disputes? / Alberto Miglio
• Lis pendens in the Brussels Ia Regulation with regard to third countries / Luboš Tichý
• The recognition and enforcement of court decisions between the EU and third states / Dieter Martiny
• The recognition of the effects of foreign judgments between the EU and third states / Dimitrios Tsikrikas
• Commercial litigation in the UK : a future outside the EU / Richard Fentiman
• Recognition and enforcement of judgments bewteen the European Union and Russia : possible prospects / Vladimir Yarkov
• Enhancing judicial cooperation in civil matters between the EU and Ukraine : first steps ahead / Iryna Izarova
• Recognition and enforcement of foreign court decisions in Colombia / Michael Stöber
• The European regulation on service of documents and on taking of evidence : an overview / Henriette-Christine Boscheinen-Duursma
• EU special procedures regulation and third countries : which perspectives for relations with third countries? / Alexander Trunk
• The European order for payment procedure and third countries / Azar Aliyev
• Relationship of the Brussels Ia Regulation with soft law in the field of international civil procedure : some notes on the planned European rules of civil procedure / Nazar Panych
• Conclusions / Alexander Trunk and Nikitas Hatzimihail

Based on comparative analyses and country-specific reports (featuring EU member countries as well as non-EU countries), this book develops a structured approach for future action, be it by modification of existing EU regulations, passing new regulations, negotiating new multilateral or bilateral treaties (eg in the framework of the Hague Conference on Private International Law), developing soft law or passing national legislation, preferably on a uniform or coordinated basis together with third countries.
(source: Nielsen Book Data)

• Subject-matter jurisdiction and venue
• Personal jurisdiction
• Ascertaining the applicable law
• Modern pleading
• Joinder of parties and claims
• Discovery
• The pretrial conference
• Adjudication without trial
• The trial process
• Jury trial
• Verdicts and judgments
• Appeals
• Former adjudication
• Securing and enforcing judgments
• Specialized proceedings : class actions, derivative suits, and interpleader
• Alternative dispute resolution

Gain insight into the laws governing all of the major steps in the civil litigation process, starting with jurisdiction, venue, and ascertaining the governing law, and moving through pleading, joinder, discovery, pretrial management and adjudication, trials, appeals, and the effect and enforcement of judgments. Class actions and other forms of complex, multiparty litigation, as well as Alternative Dispute Resolution (ADR), are also covered. This text addresses the major themes underlying the various rules and procedures, and it has continuing utility as a desk book in legal practice and as an entree into deeper research.
(source: Nielsen Book Data)

• 1: Introduction 2: Funding litigation 3: The civil courts 4: Overriding objective and human rights 5: Pre-action protocols 6: Issuing and serving 7: Renewal of process 8:
• Part 8 claims and petitions 9: Low value road traffic accident claims 10: Alternative dispute resolution 11: Service outside the jurisdiction 12: Responding to a claim 13: Default judgment 14: Statements of case 15: Track allocation and case management 16: Costs management 17: Costs capping and protection 18: Requests for further information 19: Parties and joinder 20: Additional claims under
• Part 20 21: Limitation 22: Amendment 23: Interim applications 24: Summary judgment 25: Interim payments 26: Security for costs 27: Small claims track 28: Fast track 29: Multi-track 30: Striking out, discontinuance, and stays 31: Disclosure 32: Witness statements and affidavits 33: Hearsay 34: Admissions and documentary evidence 35: Experts 36: Offers to settle 37: Sanctions 38: Listing and pre-trial reviews 39: Trial 40: Remote hearings 41: Judgments and orders 42: Interim injunctions 43: Freezing injunctions 44: Search orders 45: Norwich Pharmacal and related disclosure orders 46: Costs 47: Qualified one-way costs shifting 48: Enforcement 49: Judicial review 50: Appeals.
• (source: Nielsen Book Data)

Trusted by generations of students and litigators, A Practical Approach to Civil Procedure is a classic text which guides you through the maze of procedural requirements utilized by the civil courts. Written by an expert in the field, and co-editor of Blackstone's Civil Practice, this book is unrivalled in its detail of the various stages of a civil claim, making it essential reading for students and newly qualified litigators alike. Taking a thoroughly practical focus throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Law Trove will be available from 15 July 2021. Access must be redeemed by 30 June 2022. - The online resources include a range of web links to key related sources to support students looking to read around the subject and develop their understanding.
(source: Nielsen Book Data)

• Civil courts coping with Covid-19 : exceptional times, normal times, new times? / Bart Krans and Anna Nylund
• Responding to Covid-19 : Australian Civil Courts in 2020 / David Bamford
• The impact of Covid-19 on civil procedure in Belgium / Piet Taelman
• Brazilian precedents in Covid-19 : supreme court matters? / Fredie Didier Jr., Hermes Zaneti Jr. and Ravi Peixoto
• The 'new normal' of civil procedure in Canada : technological efficiency over proportionality and accuracy of outcomes / Catherine Piché
• Civil justice in China in the Covid-19 period / Yuilin Fu
• Croatian civil justice v. Covid-19 : the empire strikes back / Alan Uzelac
• Digitalization of Danish civil justice - perspectives from the pandemic / Clement Salung Petersen
• Developing the new normal for English civil procedure post Covid-19 / John Sorabji
• Pandemic and digitalization : the situation in the Finnish lower courts / Laura Ervo
• Covid-19 and French civil justice : what future for civil hearings? / Frédérique Ferrand
• Covid-19, civil justice 2020 and German courts 2021? / Wolfgang Hau
• Covid-19 and civil justice : news from the Italian front / Elisabetta Silvestri
• Impact of Covid-19 on Japanese civil justice / Shusuke Kakiuchi
• Impact of Covid-19 pandemic on Lithuanian civil justice / Vigita Vėbraitė
• The aftermath of the Covid-19 pandemic in the Netherlands - seizing the digital gains / Bart Krans
• Covid-19 and Norwegian civil justice / Anna Nylund
• Peruvian judicial system during the Covid-19 pandemic / Christian Delgado Suárez
• Transformation of Polish civil procedure in light of Covid-19 / Piotr Rylski
• Singapore civil procedure and Covid-19 / Jeffrey Pinsler
• Coping with an outdated and rigid civil procedure in the era of Covid-19 : the experience of Slovenia / Aleš Galič
• Civil justice after the Covid-19 pandemic in Taiwan / Kuan-Ling Shen
• The impact of the Covid-19 pandemic on the civil procedure in Uruguay / Santiago Pereira Campos
• Covid-19 and American civil litigation / Richard Marcus
• Conclusions on civil courts coping with Covid-19 / Anna Nylund and Bart Krans

This book is available digitally as an Open Access resource at www.boomdenhaag.nl. Click here to access the content. The unforeseen Covid-19 pandemic has propelled, and continues to propel, unprecedented transformations to civil proceedings and the landscape in which they operate. Courts have proven to be creative and innovative in their responses to the pandemic, and in their ability to implement digitisation of paperwork and remote hearings. This book contains a comparative study of how courts in 23 countries have coped with the pandemic, addressing selected innovations and adaptations to court proceedings, factors facilitating and impeding the digital leap, and new concerns that new technology and the pandemic engenders. The authors discuss the implications of digitisation, such as ensuring equal access to courts, novel issues concerning fair trial rights in remote proceedings, the role of alternative dispute resolution during the pandemic, and the roots of resistance to digitisation. Several contributions also address whether and how innovations during the pandemic may transform civil litigation in the future.
(source: Nielsen Book Data)

• Introduction / Peter C.H. Chan and C.H. van Rhee
• Comparing the civil court structures of Mainland China, Taiwan, Hong Kong and Macau from a case management perspective / Peter C.H. Chan
• Case management from a comparative perspective : horizontal and vertical court arrangements / Álvaro Pérez Ragone
• The unified system of adjudication and administration of Chinese courts / Hang-ping Chen
• Taiwan's court structure from a case management perspective / Jun Wu
• Civil court structure in Hong Kong / Ubaid-Ur Rehman
• The formal adequacy principle from the perspective of judicial case management : Macau / Wei Wang
• The litigation superpower's case management cure for adversarial ills / Richard Marcus
• Framing the structure of the court system from a case management perspective : new trends in Brazilian law / Antonio Cabral
• Structure of the court system and case management : lessons from England & Wales / John Sorabji -- Framing the structure of court systems from a case management perspective : lessons from Hungary / Viktória Harsági
• In search of efficiency : court structure and case management in Croatia / Marko Bratković
• A brief note on the application of information and communication technology in civil judicial case management / Fuhua Wang
• A prospective court-connected mandatory mediation regime in Macau : a brief note / Hugo Luz dos Santos

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.
(source: Nielsen Book Data)

• Civil procedure and why we study it
• Notice and opportunity to be heard
• Defining the dispute
• Discovery
• Jury trial
• Summary judgment, JMOL, and new trial
• Appeal
• Joinder and preclusion
• Class actions
• Federal subject matter jurisdiction
• Personal jurisdiction
• Venue and transfer
• The Erie problem
• ADR and the future of procedure
• Postscript

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary. Civil Procedure: An Integrated Approach (Doctrine and Practice Series) combines classic cases, contemporary lower-court gems, and an unmatched set of learning tools and teacher resources to make civil procedure accessible, relevant, and compelling. The hardcopy textbook is integrated with online flowcharts, quizzes, and videos that together give students of all learning styles a strong command of doctrine. It emphasizes the central role of lawyers in civil procedure, challenging students to discover the legal strategies and practical realities that make civil procedure the most important element in every litigator's toolkit. The casebook includes: Key Ideas textboxes after every reading summarizing important takeaways. All readings also have easy-to-follow notes and questions to guide study and discussion of the readings. Taking Stock textboxes summarizing the main ideas and themes from each chapter. Beyond the Doctrine textboxes that provide distinctive perspectives on the readings from practice and academic scholarship. Carefully-edited excerpts from the Constitution, statutes, and Federal Rules in the text, each with their own introductions, notes, and questions. No longer is codified law consigned to a "rules supplement" to be neglected by students! The linked online materials include: Case Synopsis bullet points summarizing the background and holding of each case, which students can use to develop their note-taking and outlining skills. Videos colorfully illustrating empirical data on the federal courts' changing caseloads and examples of distinctive legal strategies from notable cases. Flowcharts summarizing main ideas from each chapter in an easy-to-follow graphical format. Self-Assessment Quizzes with answers that students can use to test what they've learned in each chapter. This casebook sequences its topics to optimize students' success in the 1L curriculum. It begins with a broad overview of civil procedure and then covers the Federal Rules and the stages of the civil action. Placing these topics first ensures that your students will better understand materials in their other courses, where concepts like motions to dismiss and summary judgment arise frequently. Building on this foundation, it then introduces complex litigation, including class actions, jurisdiction, the Erie problem, and arbitration. This casebook is suitable for all first-year Civil Procedure courses.
(source: Nielsen Book Data)

• v. 1. Attorneys
• v. 2. Courts; Jurisdiction
• v. 3. Actions
• v. 4. & v. 5. Pleading
• v. 6. Provisional remedies; Proceedings without trial
• v. 7. Trial; Judgment
• v. 8. Enforcement of judgment; Attack on judgment in trial court; Extraordinary writs
• v. 9. Appeal; Administrative proceedings
• v. 10. Table of cases; Table of laws and rules; Table of fifth and sixth edition sections; Index

• Seminal judgments (les Grands Arrêts) in the case law of the European Court of Justice / Burkhard Hess
• La confiance mutuelle, fondement et temoignage de la valeur de l'Union europeenne / Camelia Toader
• De l'encadrement de l'ordre public procedural des fitats membres a l'ordre procedural autonome de l'Union / Marek Saffan et Domintk Düsterhaus
• EU private international law : consistency of the scopes of application and/or of the solutions / Maciej Szpunar
• Le « régime Bruxelles » dans le droit europeen de la procedure civile / Marta Requejo Isidro
• The shift from a choice of law-centered approach to a civil procedure standpoint / Sabine Corneloup
• The contribution of 'Brussels I' to the process of EU integration : a true trailblazer for the Europeanization and constitutionalization of private international law / Johan Meeusen
• The application of the European law of civil procedure in the dialogue between the CJEU and the national judges / Henrik Saugmandsgaard Øe
• The dialogue on the European law of civil procedure between the Court of Justice and national courts from a German perspective / Wolfgang Han
• European civil procedure and the dialogue between national courts and the European Court of Justice / Xander Kramer and Jos Hoerenaa
• L'autonomie procédurale dans la jurisprudence de la Cour de justice de l'Union européenne : réflexiones naives d'un Huron au Palais du Kirchberg / Loïc Cadiet
• La Charte des droits fondamentaux et les nouvelles fronteres des l'autonomie procédurale des Etats membres l'example du droit européenne de la procédure civile / Michail Vilaras
• The Brussels Convention : 50 years of contribution to European integration / Fausto Pocar
• Delendum est forum delicti? : towards the jurisdictional protection of the alleged victim in cross-border torts / Etienne Farnoux
• CJEU case-law and forum connexitatis : an analysis of the close connection criterion / Lucilla Galanti
• Cross-border collective redress and the jurisdictional regime : horizontal vs sectoral approach / Cinzi Peraro
• Your place? mine? or theirs? : a legal and policy-oriented analysis of jurisdiction in cross-border collective redress
• Representative (consumer) collective redress decisions in the EU : free movement or public policy obstacles? / Janek Tomasz Nowak
• Casting the net : hose the Court of Justice's approach to online torts made the Brussels framework fit for the Internet age? / Tobias Lutzi
• Encoding justice : a quest for facilitating access to justice by e-handling of cross-border litigation : the example of the European uniform procedures / Elena Alina Ontanu
• Trust, but verify : loss of mutual trust as a ground for non-recognition in the area of freedom, security and justice, example of the judiciary crisis in Poland / Zuzanna Witek

On the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.
(source: Nielsen Book Data)

• Publisher provided contents note: US Law as Foreign Law / Kirk W. Junker
• Federal Civil Litigation / Steven F. Baicker-McKee
• Civil Procedure Brief Drafting Strategy / Heidi K. Brown
• U.S. Arbitration Law and Practice / Katherine M. Simpson
• Aspects of United States Application of International Maritime Law : a Focus on Jurisdictional, Procedural and Substantive Issues Unique to the US System
• Contracts-Drafting and Content / Keith E. Wilder
• Back to Back Contract : the Birth of a New Contract Type / Antonio Lordi
• Confidential Information and Restrictive Covenants in Employment / Patrick Sorek
• Income Taxation and Audits / P. Matthew Roy
• U.S.' Charitable Sector : Nonprofit Organizations / Ryan Kraski
• Intellectual Property Protection and Enforcement in the United States : an Introduction / Jacob H. Rooksby
• Food Law : Implementing Food Sovereignty in Local Sustainable Food Systems / Gabriela Steier
• Issues of United States Immigration Law : a View from the Inside / Katherine M. Simpson
• Issues of US Environmental Law Encountered from Abroad / Kirk W. Junker
• White Collar Crime / Barbara Carlin

This book explains various areas of private, public and criminal practice in the United States, as well as US legal research, to the audience of practising civil lawyers who may interact with US lawyers. Each chapter is written by a recognised specialist in his or her respective field who has practiced and taught in that field. Further, the first chapter is an introduction to the "foreign" nature of US law for civil lawyers, written by the editor, Kirk W Junker, who holds the Chair in US Law at the University of Cologne, who has been teaching US law to law students in Germany and France for ten years, and who previously practiced US law for nine years. As a practitioner's guide, a special feature of the book is that every term of art, regardless of which field of law, is translated into both German and French in accompanying footnotes on each page. In addition, every chapter includes "Practice Tips, " "Checklists for Practice, " and illustrative "Examples, " each of which is clearly marked in a separate box. Some chapters offer tables, example draft documents and templates to make the book easy to use as a reference book and a handbook.
(source: Nielsen Book Data)

• The sources of transnational litigation law
• Personal jurisdiction over non-nationals and non-residents
• Subject matter jurisdiction and venue over transnational disputes
• Parallel litigation
• "Sovereignty" limitations on transnational litigation
• International human rights cases
• Choice of law and the applicable law
• Transnational service and production of evidence
• Transnational provisional relief
• Recognition and enforcement of foreign judgments
• Judicial involvement in international arbitration

This title identifies and explores recurring issues of jurisdiction, procedure, and choice of law entailed in the resolution of transnational disputes in U.S. courts. It covers the sources of transnational litigation law in the United States, personal and subject matter jurisdiction, parallel litigation, foreign sovereign immunity and the act of state doctrine, choice of law, extraterritorial discovery, extraterritorial provisional relief, recognition of foreign judgments, and the role of courts in connection with international arbitration.
(source: Nielsen Book Data)

• Due process of law
• Constructing a civil lawsuit
• Discovery of the adversary's case
• Dispositions and adjudications
• Decision makers and decision models
• More complex litigation
• Repose : ending disputes

"Civil Procedure casebook for first-year law students"-- Provided by publisher

• Introduction
• But first, a word from our sponsors
• Identifying the proper plaintiff : standing, ownership, and stakeholders
• Legal and business considerations in identifying the "proper" defendant(s)
• Identifying the trade secrets, internally and during the action
• Identifying the nature and type of trade secret misappropriation, addressing the statute of limitations, and action items for the prelitigation checklist
• Identifying additional claims; pretrial resolution scenarios; fee awards and statutory bad faith
• Choosing between jurisdictions and alternative venues : federal versus state courts, jury versus bench trials, arbitrations, and proceedings before the U.S. International Trade Commission
• Protective orders and document preservation orders
• Temporary restraining orders, preliminary injunctive relief, and expedited discovery
• Special masters, court-appointed neutral experts, and technical advisors
• Addressing the elements of reasonable efforts to protect secrecy and independent economic value
• Head-start injunctions and other forms of postjudgment equitable relief
• The impact of contractual boilerplate provisions on trade secret litigation
• The trade secret fitness audit
• Protecting trade secrets during a pandemic or other crisis

"This book explores the questions of trade secret identification, protection, and economic value from the standpoint of what executives, the board of directors, and the general counsel must consider when faced with the prospect of trade secret litigation. While the main focus is on the trade secret owner, due consideration is given throughout the text to corresponding issues facing an alleged misappropriator"-- Provided by publisher

• Introduction
• Procedure and pleading in the seventeenth and eighteenth centuries : the start and development of written pleadings
• An era of change : re-defining the theory of written pleadings and the development of civil procedure, 1800-1825
• The development of the "form of process" and the role and rules of written pleadings
• The use of written pleadings in the twentieth century
• The future for written pleadings? : a conclusion
• Appendix: Illustrative examples of written pleadings in the faculty of advocates' session papers in the period 1843-1863

Zuckerman on Civil Procedure presents a clear and thematic analysis of litigation under the Civil Procedure Rules. It explains how the court interprets and applies the Rules, how judges exercise their extensive case management powers and how this impacts the conduct of litigation. Throughout, the emphasis is placed on bringing out the principles that govern the exercise of judicial discretion in order to help judges and practitioners deal with difficult problems that arise in the course of litigation. It helps practitioners understand the relationship between individual Rules and general principles; it complements the White Book and other civil procedure manuals; explains the significance of leading cases and provides critical commentary; highlights current trends in judicial thinking; draws attention to inconsistencies in judicial approach to process and to problems that are likely to be encountered in practice; suggests solutions to debatable questions in areas such as service, legal professional privilege, compliance with time limits, and costs; comments on recent developments; and supplies authoritative analysis - the previous editions have been cited in numerous cases at all court levels. The new 4th edition is authored by Professor Adrian Zuckerman assisted by a team of editors under the direction of Juliet Wells, including Professor Stuart Sime and Dr John Sorabji. It has been extensively restructured and revised, with an expanded chapter on case management and party compliance, and a new chapter on committal proceedings and other enforcement processes, and is updated to take account of new legislation, case law and recent reviews into the workings of civil justice: The Criminal Justice and Courts Act 2015 (which provides for dismissal of personal injury claims in cases of fundamental dishonesty, a new 'different outcome' test in applications for judicial review, and costs-capping orders in judicial review claims. The Consumer Rights Act 2015, together with the Competition Appeal Tribunal Rules 2015, which provide for a new scheme of opt-in or opt-out class actions before the Competition Appeal Tribunal. The Disclosure Pilot in the Business and Property Courts. Revisions to the CPR, including Parts 36, 39 and 52. Amendments to various specialist court guides (including the Chancery Guide, Commercial Court Guide, and QBD Guide). Fully updated to take account of new case law since the last edition, including: Denton v TH White Ltd [2014] EWCA Civ 906 Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 1129 Coventry v Lawrence [2015] UKSC 50 Broadhurst v Tan [2016] EWCA Civ 94, Bird v Acorn Group Ltd [2016] EWCA Civ 1096, and Qader v Esure Services Ltd [2016] EWCA Civ 1109 R (Haralambous) v St Albans Crown Court [2018] UKSC 1 Barton v Wright Hassall LLP [2018] UKSC 12: on the proper approach to applications under CPR r.6.15(2) Belhaj v Director of Public Prosecutions [2018] UKSC 33 Cameron v Liverpool Victoria Insurance Co Ltd [2019] UKSC 6 Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 Jet 2 Holidays Ltd v Hughes [2019] EWCA Civ 1858 R (on the application of Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35 .
(source: Nielsen Book Data)

• Introduction to dispute resolution
• Courts and dispute resolution
• Civil litigation : evolution towards a more litigious society
• Arbitration : a synthesis of unique socio-economic dynamics
• Mediation : scattered regime and socio-political orientations
• Judicial mediation : the juggling path between adjudicatory and mediatory justice
• Judicial enforcement of arbitration : extending a pro-arbitration judicial embrace
• Med-arb : when local practices meet (or do not meet) international expectations
• Conclusions: China's civil justice reform

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China's transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China's civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China's socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China's dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.
(source: Nielsen Book Data)

• The Civil Procedure Rules twenty years on : the practitioners' perspective / Damien Byrne Hill and Maura McIntosh
• Keep calm and keep litigating / Andrew Higgins
• Rule-making for a digital court process : the Civil Procedure Rules : 20th Anniversary Conference, 2019 / Terence Etherton
• Discovery : to disclosure and beyond / Peter Coulson
• Transformation from first principles / Ernest Ryder
• Interventions in judicial review proceedings / Nathalie Lieven
• National security, closed material procedures, and fair trials / Martin Chamberlain
• Civil justice reform : where next? / Rupert Jackson
• Reflections from former Masters of the Rolls on managing civil justice / Kate O'Regan in conversation with John Dryson and David Neuberger
• Taking stock of the collective proceedings regime in the Competition Appeal Tribunal : a successful compromise? / Stephen Wisking and Ruth Allen
• Lord Woolf, multi-party situations, and limitation periods / Rachael Mulheron
• Disclosure : should we have stayed with the RSC? / Charles Hollander
• Proportionality and search-based disclosure / Stuart Sime
• The use of empirically based information when reforming and evaluating judicial review / Maurice Sunkin
• Reforming judicial review costs rules in an age of austerity / Joe Tomlinson and Alison Pickup
• The overriding principles of affordable and expeditious adjudication / Rabeea Assy
• The long struggle for fixed cost reform / John Sorabji
• A core irreducible minimum? : the operation of the AF (No. 3) : duty in the closed material procedure / Hayley J. Hooper
• Reform of civil justice / Richard Goodman
• Artificial intelligence in the administration of justice / Adrian Zuckerman

Civil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience. The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid. With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.
(source: Nielsen Book Data)

• General introduction / Astrid Stadler, Emmanuel Jeuland and Vincent Smith
• The concept of 'party' / Emmanuel Jeuland
• Joinder, consolidation and group claims / Vincent Smith
• Change of parties : representation, substitution, assignment / Emmanuel Jeuland
• Introduction: Collective redress / Astrid Stadler, Emmanuel Jeuland and Vincent Smith
• Types of claim, structure and certification of collective proceedings / Astrid Stadler
• Legal standing in collective redress / Ianika Tzankova
• Case management and the role of the judge / Magne Strandberg and Vincent Smith
• Evidence in collective redress proceedings under the ERCP / Fernando Gascón Inchausti
• Calculating compensation in collective redress claim / Nils von Hinten-Reed
• Collective settlements / Astrid Stadler
• Costs and funding of collective redress proceedings / Stefaan Voet
• Cross-border issues / Michael Stürner
• ERCP collective redress and the wider world / Astrid Stadler, Emmanuel Jeuland, Vincent Smith, Richard Marcus, Peter Cashman, Choong-soo Han and Hermes Zaneti Jr.

Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this 'best practice' set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field. Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally. Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.
(source: Nielsen Book Data)

• Introduction
• Stages of litigation
• Governing law
• Authority to adjudicate
• Former adjudication
• Complex litigation
• Conclusion

This Concise Hornbook covers the main points of civil procedure that any student needs to understand, and covers them briefly but thoroughly enough to be understandable. It focuses on the material covered in a typical law school course on civil procedure, tied to no one casebook. It breaks down the subject of civil procedure along the standard lines: a brief orientation; then a lengthier overview of the stages of litigation, followed by a close inspection of the major procedural problems (governing law, authority to adjudicate, former adjudication, and complex litigation); and finally some reflections in conclusion. It discusses specific problems and illustrations, with the aid of generously sprinkled diagrams and special text boxes. Special attention was given to fitting the civil procedure course's main points together to form the big picture, with each topic ending in a section on the "big idea" (separation of powers, vertical federalism, horizontal federalism, full faith and credit, or procedural due process) that the student is supposed to take from the topic.
(source: Nielsen Book Data)

• Introductory case studies of legal pluralism
• Understanding the U.S. legal system in comparative context
• Jurisdiction and forum selection clauses
• Choice of law
• Access to justice in comparative context
• Comparative pleadings
• Service upon foreign defendants
• Forum non conveniens
• Suing foreign nationals in United States courts
• Gathering evidence
• Trials and the American civil jury
• International arbitration
• Intersystemic preclusion and judgment recognition
• Class actions and aggregate litigation

• Aspects of procedural anatomy / Bart Krans and Anna Nylund
• Procedural autonomy and Belgian civil law : a turbulent cohabitation / Piet Taelman and Jarich Werbrouck
• The English approach to procedural anatomy / John Sorabji
• The Finnish way of understanding procedural anatomy : a practical approach to implementing EU civil procedural law / Laura Ervo
• A German perspective on the waning procedural anatomy in civil matters : who is afraid of European civil procedure? / Wolfgang Hau
• Procedural anatomy in the Netherlands : a fading relic? / Bart Krans
• Procedural anatomy, the EEA agreement and Norwegian law : the art of bridging a gap and maintaining it too / Anna Nylund
• A Polish perspective on collective civil proceedings : reluctance to follow EU recommendations? / Anna Piszcz
• Procedural autonomy between EU law and the Slovenian law of civil procedure / Aleš Galič
• Autonomy of the Spanish legislator in the regulation of procedural law : the borders of European case law / Jordi Nieva-Fenoll
• Procedural autonomy in Sweden : is Materielle Prozessleitung the answer? / Anna Wallermann Ghavanini
• Comparative insights on procedural autonomy / Bart Krans and Anna Nylund

This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law. Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies? Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.
(source: Nielsen Book Data)

• Preface
• English trust law principles / Michael Ashdown
• Matrimonial disputes / Alison Meek and Beth Mason
• Succession and forced heirship disputes / Andrew De La Rosa
• Sham trusts and reserved powers / Jeremy Kosky, Maxine Mossman, and Nicole Buncher
• Asset protection and insolvency / Jonathan Hilliard and Jack Watson
• Dishonest assistance / Sofie Hoffman
• Breach of trust claims / Susannah Meadway
• No-contest clauses / Shãan Warnock-Smith
• Mistake, rectification, and Hastings-Bass / Simon Taube
• Setting aside trusts, undue influence and capacity / Emily Exton and Roberta Harvey
• Retirement, replacement and removal of trustees and other office holders / Giles Richardson
• Rights to information / Steven Kempster
• Directions and Beddoe applications / Elizabeth Weaver
• Injunctions / Richard Dew
• Parties to trust disputes / Andrea Zavos and Mark Lindley
• Involvement of charitable interests / Nicola Evans
• Alternative dispute resolution / Beverly-Ann Rogers
• Variation and compromise / Anthony Poulton and Luke Richardson, Baker McKenzie
• Appeals / Tracey Angus
• Costs / Joanna Poole and Joseph de Lacey
• Bermuda / Anna Bruce-Smith and Ben Adamson
• British Virgin Islands / Arabella di Iorio
• Cayman Islands / Morven McMillan
• Gibraltar / Charles Simpson
• Guernsey / Elaine Gray and Karen Le Cras
• Isle of Man / John Rimmer
• Jersey / Nigel Sanders
• Liechtenstein / Stefan Wenaweser
• New Zealand / Andrew Butler and Nathaniel Walker
• Switzerland / Tina Wèustermann and Marco Frigg

The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
(source: Nielsen Book Data)

• Introduction / Serena Forlati and Pietro Franzina
• The case of Näit-Liman before the European Court of Human Rights a forum non conveniens for asserting the right of access to a court in relation to civil claims for torture committed abroad? / Andrea Saccucci
• The role of the European Court of Human Rights in the development of rules on universal civil jurisdiction Naït- Liman v Switzerland in the transition between the chamber and the grand chamber / Serena Forlati
• Interpretation of the European convention on Human Rights lessons from the Naït-Liman Case / Malgosia Fitzmaurice
• Public international law constraints on the exercise of adjudicatory jurisdiction in civil matters / ucas Roorda and Cedric Ryngaert
• Universal civil jurisdiction and reparation for international crimes / Beatrice I. Bonafè
• Limitations to the exercise of civil jurisdiction in areas other than reparation for international crimes / Fabrizio Marongiu Buonaiuti
• Residual jurisdiction under the Brussels I Bis regulation an unexpected avenue to address extraterritorial corporate Human Rights violations / Mariangela La Manna
• The law applicable to the civil consequences of human rights violations committed abroad / Patrick Kinsch
• The changing face of adjudicatory jurisdiction / Pietro Franzina

Enabling the victims of international crimes to obtain reparation is crucial to fighting impunity. In Universal Civil Jurisdiction - Which Way Forward? experts of public and private international law discuss one of the key challenges that victims face, namely access to justice. Civil courts in the country where the crime was committed may be biased, or otherwise unwilling or unable to hear the case. Are the courts of other countries permitted, or required, to rule on the victim's claim? Trends at the international and the domestic level after the Nait-Liman judgment of the European Court of Human Rights offer a nuanced answer, suggesting that civil jurisdiction is not only concerned with sovereignty, but is also a tool for the governance of global problems.
(source: Nielsen Book Data)

• Background
• Methodology
• State immunity in customary international law
• The United Nations convention
• The Dutch view
• Introduction to part three
• Exceptions from immunity from adjudication
• Immunity regarding measures of constraint
• Procedural and general issues
• Summary and findings
• Conclusion
• Completion

Viewed from the Dutch perspective, this book examines the historical evolution of current Dutch views on State immunity. It examines in depth the relevant provisions of the United Nations Convention. The centrepiece of 'State Immunity in Dutch Civil Proceedings' is a critical analysis of the conformity of these provisions with those of the relevant current Dutch law of civil procedure and the current Dutch views on State immunity. The analysis does not shy away from the potential for conflict and evaluates the possible added value the convention may have for Dutch legal practice. The law of State immunity is set in a 'world in-between' - in more ways than one. It is a part of public international law; its application, however, is subject to national law of civil procedure. Historically, it has almost exclusively been part of customary law and therefore notoriously difficult to grasp. Now, with the adoption of the United Nations Convention on Jurisdictional Immunities of States and Their Property, there is a realistic chance of establishing a binding and uniform set of rules internationally. Though not yet in force, the United Nations Convention has already been embraced by courts as a welcome representation of the current state of customary law.-- Source other than Library of Congress

• Table of Cases
• Table of Statutes
• Chapter 1: Botswana
• Chapter 2: Ghana
• Chapter 3: Kenya
• Chapter 4: Lesotho
• Chapter 5: Liberia
• Chapter 6: Malawi
• Chapter 7: Namibia
• Chapter 8: Nigeria
• Chapter 9: Republic of South Africa
• Chapter 10: Sierra Leone
• Chapter 11: Swaziland
• Chapter 12: Tanzania
• Chapter 13: The Gambia
• Chapter 14: Uganda
• Chapter 15: Zambia
• Chapter 16: Zimbabwe
• Appendix: Table of The Statutory Regimes for the Enforcement if Foreign Judgments in Place in each Jurisdiction.
• (source: Nielsen Book Data)

Increased international investment and accelerating economic growth in Africa in general and in Anglophone Africa mean that businesses located both within and outside these jurisdictions will increasingly demand and require advice on cross-border commercial litigation. As the scope and scale of economic activity increases, the law governing commercial litigation will have to be developed and refined to reflect Africa's importance as a commercial hub. In Commercial Litigation in Anglophone Africa, the authors, for the first time in a work of this nature, set out the broad framework of the private international law rules in operation in each of the sixteen Anglophone jurisdictions considered (Botswana, Gambia, Ghana, Kenya, Lesotho, Liberia, Malawi, Namibia, Nigeria, Sierra Leone, South Africa, Swaziland, Tanzania, Uganda, Zambia and Zimbabwe). The authors identify and clarify the law to be applied as it relates to: (i) civil jurisdiction over commercial disputes involving a foreign element; (ii) the enforcement of foreign judgments; and (iii) the availability and nature of the interim remedies, in each of the sixteen jurisdictions addressed.
(source: Nielsen Book Data)

• Preface
• Jurisdiction
• Managing litigation and the adversary system
• Commencing proceedings
• Service of process
• Appearance and corresponding processes
• Pleading
• Pleading practice
• Amendment
• Parties and causes of action
• Class actions
• Discovery, interrogatories and inspection
• Settlement
• Summary disposal and discontinuance of litigation
• Preserving and inspecting subject-matter of litigation
• Interlocutory proceedings
• Evidence
• Trial
• Costs
• Appeals and new trials
• Enforcing judgments

• Editor's introduction to the Research Handbook on the Brussels Ibis Regulation / Peter Mankowski
• Cross-border dimension of collective proceedings in the Brussels Ibis regime : jurisdiction, lis pendens and related actions / T.M.C. Arons
• Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation / Sylvain Bollée and Étienne Farnoux
• Negotiorum gestio and the Brussels Ibis Regulation / Tim W. Dornis
• The substantive validity of forum selection agreements under the Brussels Ibis Regulation / Pietro Franzina
• Injunctive relief under the Brussels Ibis Regulation / Thomas Garber
• Intellectual property and the Brussels Ibis Regulation / Christian Heinze and Cara Warmuth
• Collective labour law in the Brussels Ibis Regulation / Aukje van Hoek
• The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) / Antonio Leandro
• The rise and fall of a defining criterion? : the targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation / Leander D. Loacker
• The impact of the Brussels Ibis Regulation on the 'second generation' of European procedural law / Peter Mankowski
• Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation / Fabrizio Marongiu Buonaiuti
• The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law / Johan Meeusen
• Culpa in contrahendo and the Brussels Ibis Regulation / Dário Moura Vicente
• Article 55 Brussels Ibis Regulation, enforcement by penalty and the astreinte / Guillaume Payan
• Overriding mandatory provisions and choice of court agreements / Matteo M. Winkler

The Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law. This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance.
(source: Nielsen Book Data)

• A man for all processes / Samuel Issacharoff
• Defining the scope of the hearsay rule in criminal cases : a comparative perspective / Andrew L-T Choo
• Common law principles and the expression and use of forensic evidence in criminal cases / Andrew Ligertwood
• Adrian Zuckerman's new evidence scholarship / Paul Roberts
• How judges decide / Robert J. Sharpe
• The bright but modest potential of algorithms in the courtroom / Andrew Higgins, Inbar Levy, and Thibaut Lienart
• The civil online court in England / Michael Briggs
• Compliance problems and digitizing case management in England and Wales / John Sorabji
• Taking seriously affordability, expedition, and integrity in adjudication / Rabeea Assy
• Funding civil litigation through legal expenses insurance in Germany / Peter Gottwald
• Controlling recoverable costs / Rupert Jackson
• Just costs / Frederick Wilmot-Smith
• Does procedural mean trans-substantive? : a historical and normative analysis of English civil procedural rules / Carla Crifo
• Inherent jurisdiction and the limits of civil procedure / Stuart Sime

This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.
(source: Nielsen Book Data)

• Introduction / Fernando Gascón Inchausti and Burkhard Hess
• Initial remarks on the methodological approaches to procedural harmonisation
• Procedural harmonisation by the European Court of Justice : procedural autonomy and the member states' perspective / Stephanie Law and Janet T. Nowak
• Constitutionalisation of European civil procedure as a starting point for harmonisation
• Have the EU regulations on judicial cooperation fostered harmonisation of national procedures? / Fernando Gascón Inchausti
• Harmonisation of the rules on protective measures? : the European account preservation order / María Luisa Villamarín López
• Harmonising access to information and evidence : the directives on intellectual property and competition damages / Enrique Vallines García
• Harmonisation of confidential information protection in legal proceedings : the trade secrets directive / Patricia Llopis Nadal
• Procedural harmonisation and private enforcement in the GDPR / Marta Requejo Isidro
• The ELI/UNIDROIT project : a general introduction / Elisabetta Silvestri
• The ELI/UNIDROIT European rules of civil procedure : access to information and evidence / Michael Stürner
• Harmonisation of the rules on judgments and appeals in Europe : a few remarks from the inside / Christoph A. Kern
• The 2017 directive proposal on common minimum standards of civil procedure in the European Union / Fernando Gascón Inchausti
• The 2017 proposal of the European Parliament on common minimum standards of civil procedure / Vincent Richard
• A final comment on the future evolution of civil procedure in Europe / Elisabetta Silvestri

The European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union. This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual trust and mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new regulatory approach. The first part of the book is focused on the possible methodological approaches at hand. Special emphasis is placed on the role of the Court of Justice of the European Union as a "promoter" of a European Procedural Law (principle of effectiveness and principle of equivalence). The second part assesses to what extend harmonisation is already used: "horizontally", through the regulations on international judicial cooperation, for example the European Account Preservation Order; and "vertically", through the promotion of harmonised standards promoted by the directives on intellectual property rights and competition damages (access to information and evidence), or in the directive on trade secrets and in the field of data protection (protection of confidential information). With a view to the future, the final part examines two more recent initiatives: ELI-UNIDROIT and the proposal for a directive on common minimum standards of civil procedure in the EU. The Future of the European Law of Civil Procedure: Coordination or Harmonisation? clearly outlines the motivations of the various national and institutional players in the regulation of civil procedural law and identifies potential obstacles likely to be encountered along the way that will be useful for every lawyer in the field.
(source: Nielsen Book Data)

• Preface
• Overview of business courts and their jurisdictions
• Case management in the business court
• Discovery management
• Electronic discovery
• Court adjuncts and appointments
• Recurring legal issues
• Settlement and alternative dispute resolution (ADR)
• Trial
• Use of technology

"[This book provides an] overview of case management, best practices, and decision making in United States business courts. Providing an overview of 25 states with business courts, the Benchbook identifies and details business court administration, procedures, and best practices nationwide, and addresses common legal issues decided by business courts."-- Publisher's website

• 1-3. Criminal
• 4-12. Civil
• 13-19. Jurisdiction and related matters
• 20. Federal practice deskbook
• 21-31. Evidence
• 32-33. Judicial review of administrative action.

• Preface
• Introduction
• Professional legal assistance
• The judiciary
• Adjudicatory authority
• Parties
• Preliminary activities : pre-commencement preparation and provisional remedies
• Adjudicatory process in the courts of first instance
• Proceedings in the higher courts and retrial
• Various types of civil actions
• Summary procedures and non-contentious proceedings
• Insolvency proceedings
• Arbitration
• Litigation expenses
• Enforcement of judgments
• International cooperation in litigation.

"In this time of economic and cultural globalization, the knowledge of any foreign procedural system is in great demand by practitioners, judiciaries and academics outside of the jurisdiction. The need for a reputable reference book in English on Japanese civil procedure is particularly acute because of the position Japan occupies in today's world and the general inaccessibility to the non-Japanese of Japanese language materials. In 1996, the Japanese Code of Civil Procedure underwent total amendment and the new Code went into effect on January 1, 1998. As a result, the work has been extensively rewritten and revised to produce the new and improved third edition. Fifteen individual chapters describe the world of Japanese legal profession and the judiciary and set forth the basic concepts involved in the judiciary authority and its interface with other governmental authorities. The trial process is traced from beginning (parties to action and pre-commencement preparation) through enforcement of judgment."-- Provided by publisher.

• Preface
• Foreword
• Action
• Admirality matters, adoption, affidavit evidence and agency
• Appeals
• Banker-customer relationship, law of banking and burden of proof
• Company law, constitutional law & contract
• Damages, defemation & documentary evidence
• Duty of counsel to the court & duty of courts
• Evidence
• Fundamental human rights & fair hearing
• Interlocutory injunctions, international law, interepretation & Islamic law
• Judgments and orders of court
• Jurisdiction & juristic personality
• Labour law
• Land law, landlord and tenant relationship and Land Use Act
• Locus standi, matrimonial causes and medical law
• Pleadings
• Police powers, public officers' protection law and rules of court
• Sales of goods, stay of execution, undefended list procedure and university and student relationship.

"This book highlights in a most condensed form judicial pronouncements by the superior courts of records as they relate to practice and procedures in civil litigation in Nigeria. Judicial pronouncements on civil aspects of the law in Nigeria are on the increase, rendering brief-writing more challenging, if not herculean, in the absence of a resource guide for the citation of authorities and knowing which changes have taken place in the law. For lawyers not to be taken by surprise in courts when issues relating to practice and procedures are raised without notice, makes the need to have a resource book that should serve as a quick guide the more compelling. This book is thus intended to be a reference guide."-- Provided by publisher.

• Subject matter jurisdiction
• Personal jurisdiction
• Venue
• The Erie doctrine
• Pleadings
• Discovery
• Joinder
• Summary judgment and pretrial adjudication
• Trial
• Appeals
• Preclusion.

• Courts decide claims
• A preview of Part A of this book
• The foundations of subject matter jurisdiction
• Federal question and diversity subject matter jurisdiction
• The foundations of personal jurisdiction
• Personal jurisdiction : consent, long-arm statutes, minimum contacts, and fair play
• In rem and quasi in rem jurisdiction
• The foundations of venue
• Proper and improper venue
• Removal : what if plaintiff filed in state court a claim over which a federal court would have subject matter jurisdiction?
• A preview of Part B of this book
• The plaintiff's pre suit investigation required by Rule 11
• Pleadings : the complaint
• Preview of the four steps to analyze joinder of claims and parties
• Joinder step one : authority in a rule for joining the party or the claim
• Authority to join claims
• Authority to join parties
• Multiple parties and joinder
• Interpleader : a non-party creates a suit between two others
• Intervention : the only way for someone to force himself into a lawsuit
• Joinder step two : original or supplemental subject matter jurisdiction must exist
• Joinder step three : personal or pendent personal jurisdiction must exist over most claim
• Joinder step four : venue or pendent venue must exist over some claims
• A recap and flow chart of the four steps for adding claims or parties
• Notifying the defendant of the filing of suit through service or waiver of service of process, or substituted service
• Preview of the defendant's options in response to receiving a federal court complaint
• The defendant's initial set of options
• An introduction to motions
• When and why must a defendant file an answer or Rule 12 motion?
• Rule 12(b)(1) challenges to subject matter jurisdiction
• Rule 12(b)(2) challenges to personal jurisdiction
• Rule 12(b)(3) challenges to improper venue
• Rule 12(b)(4) and (5) challenges to process
• Rule 12(b)(6) challenges to statement of a claim by plaintiff and under Rule 12(c) for judgment on the pleadings
• Rule 12(b)(7) and indispensable parties under Rule 19
• Rule 12's one-motion-consolidation requirement
• The defendant's answer
• Rule 11's reach and special procedures
• Transfer from a proper venue to a more convenient, proper venue
• Special venue issues
• Amending pleadings
• Lawyer responsibility for and judicial involvement in case management
• The first steps after pleadings close : conferences and required initial disclosures
• Adjudication or resolution of claims before discovery
• The foundations of choice of law in federal court
• Vertical and horizontal choice of law
• Discovery
• Scope of discovery : relevancy and other boundaries
• Forms of discovery
• Expert witnesses : disclosure, discovery, and protection
• Adjudication of discovery disputes
• Summary judgment : adjudication of claims before trial but usually after discovery closes
• The final set of required disclosures : the pretrial order
• Adjudication of claims by trial
• After verdict : in the district court
• Obtaining relief after prevailing on a claim
• Limited availability of appeals : the final judgment rule and its exceptions
• A brief word on appeals
• Attacking a judgment in district court under Rule 60(b)
• After appeals : claim and issue preclusion
• A brief introduction to mass and class actions.

• Introduction. Why and how law school is different from college
• The study of civil procedure
• Personal jurisdiction
• Notice and opportunity to be heard
• Subject matter jurisdiction
• Venue, transfer, and forum non conveniens
• Pretrial litigation
• Adjudication (with or without trial)
• Appellate review
• Defining the scope of litigation: joinder of claims and parties
• The preclusion doctrines
• Erie.

"This book unlocks civil procedure by explaining doctrine and rules and placing them in context – showing what each doctrine is doing and how each doctrine relates to the others. It includes a chapter on how law school differs from college and what that means for class- and exam-preparation. It provides concrete analytical frameworks for resolving exam questions. And throughout, scores of examples allow you to apply the law to fact patterns."-- Provided by publisher.

• Purposes and functions
• What is civil procedure for?
• Intention, action and outcome in Anglo-American civil procedure
• Voyages in a new world : the unanticipated consequences of civil justice reform
• Defending the civil justice system : the function of sanctions
• Process costs and error costs : the reform of civil appeals in Anglo-American perspective.

Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.
(source: Nielsen Book Data)