The dynamism of civil procedure : global trends and developments /: global trends and developments. (2016)

• Record Type: Book
• Further Information: Note: Colin B. Picker, Guy I. Seidman, editors.
• Editors: Picker, Colin, 1965-; Seidman, Guy
• Contents: Preface; Contents; About the Authors; Part I: The Context; Chapter 1: Comparative Civil Procedure; 1.1 Introduction and Definitions; 1.2 Learning by Differentiating: Divergence within the Duopoly; 1.2.1 On Judges; 1.2.2 Entry into Court: Money and Standing; 1.2.3 The Actual Civil Procedure; 1.2.4 Social and Cultural Issues; 1.3 Conclusion; Chapter 2: The New Comparative Civil Procedure; 2.1 Introduction; 2.2 A first Reality Check: A Civil/Common Law Division May No Longer Be Valid; 2.3 Growing Similarity between Civil and Common Law Civil Procedures; 2.3.1 On Judges. 2.3.2 Entry into Court: Money and Standing; 2.3.3 The Functioning of the Trial; 2.4 A Second Reality Check: Looking beyond Traditions: Hybrids and Trans-systemic Approaches; 2.4.1 Mixed Jurisdictions: Does One Plus One Make Three?; 2.4.2 Transnational Litigation; 2.4.2.1 What Impact Will the PRTCP Have at the National Level?; 2.4.3 The European Union's Effects; 2.4.3.1 Is There a European Law of Civil Procedure?; 2.5 Conclusion; Chapter 3: Comparative Law as an Engine of Change for Civil Procedure; 3.1 Introduction; 3.2 Civil Procedure's Inertia; 3.3 Comparative Law-Led Change; 3.4 Conclusion. Part II: Dynamism of Specific Countries & Regions; Chapter 4: Sources and Destiny of French Civil Procedure in a Globalized World; 4.1 Sources; 4.1.1 The International Sources of French Civil Procedure Before the New Code of Civil Procedure of 1975; 4.1.1.1 The Napoleonic Code of Civil Procedure (1806); 4.1.1.2 The New Code of Civil Procedure (1975); Normative Sources; Academic Doctrine; 4.1.2 The International Sources of French Civil Procedure Since the New Code of Civil Procedure of 1975; 4.1.2.1 Approximation; Harmonisation Within the European Union. Harmonisation Within the Council of Europe; 4.1.2.2 Mutual Acculturation; Cultural Adaptation via Court Practices; Acclimatisation via Academic Law; 4.2 Destiny; 4.2.1 In the Macro-comparative Framework of Justice Systems; 4.2.2 In the Micro-comparative Framework of Procedural Models; Chapter 5: The United States Federal Rules at 75: Dispute Resolution, Private Enforcement or Decisions According to Law?; 5.1 Introduction; 5.2 A Requiem for the Federal Rules at 75?; 5.3 Chronicles of the Federal Rules; 5.3.1 Prologue; 5.3.2 Clark and Sunderland's Goal: Decisions According to Law (1938). 5.3.2.1 Pleading: The Old Way of Deciding What to Decide; 5.3.2.2 Pre-trial: The New Way of Deciding What to Decide; Finding and Presenting Material Facts in Dispute; Formulating Issues; Applying Law to Facts; 5.3.3 The Federal Rules Come of Age Lagging Justice (1959); 5.3.4 At Middle Age: Popular Dissatisfaction (Again) (1976); 5.3.4.1 The National Conference on the Causes of the Popular Dissatisfaction with the Administration of Justice ("The Pound Conference") (1976); 5.3.4.2 What Went Wrong?; 5.3.5 The Fourth Era in Civil Procedure; 5.4 Federal Rules-The Epic.
• Publisher Details: Cham : Springer
• Publication Date: 2016
• Extent: 1 online resource
• Subjects: 347.05; Law; Civil procedure; LAW -- Legal Services; POLITICAL SCIENCE -- Government -- Judicial Branch; Civil procedure; Law -- Civil Procedure; Law -- International; Civil procedure, litigation & dispute resolution; International law; Civil Law; Law -- General; Jurisprudence & general issues; Electronic books
• Languages: English
• ISBNs: 9783319219813; 3319219812
• Related ISBNs: 9783319219806; 3319219804
• Notes: Note: Includes bibliographical references and index.; Note: Online resource; title from PDF title page (EBSCO, viewed November 24, 2015).
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.