Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
For forty years Ogden Hoffman presided over the federal district court for the Northern District of California, disposing of more than nineteen thousand cases brought before him. Federal Justice in California: The Court of Ogden Hoffman, 1851-1891 considers a career remarkable for longevity and productivity and at the same time examines the operation of a federal trial court in nineteenth-century America - the cases adjudicated, their significance, and the court's impact upon the community. Solidly researched, Christian G. Fritz's book is unique in attending to the law on the level at which it was most often encountered by participants in legal actions. During his four decades on the bench, from the time of the California gold rush to the anti-Chinese movement of the 1880s, Hoffman dealt one-on-one with a cross-section of humanity: through his court came sea captains, seamen seeking their wages, wealthy steamship owners and distraught and injured passengers, and Chinese immigrants. Fritz shows him adjudicating land grant conflicts and bankruptcy cases and presiding over the admiralty, criminal, and common law and equity dockets. The author has examined thousands of Hoffman's cases to gain insight into how nineteenth-century federal trial courts were used, by whom, and with what effect. The successful use that a broad range of plaintiffs made of Hoffman's court requires a re-examination of theories suggesting that law of the period primarily developed and courts largely operated in ways that promoted commercial and entrepreneurial interest. Just as important, Fritz's sensitive analysis of an institution never loses sight of the proud life-long bachelor, native New Yorker, and scion of adistinguished family who always identified himself with his court. Christian G. Fritz is a professor of law at the University of New Mexico.
Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Judges play a central role in the American legal system, but their behavior as decision-makers is not well understood, even among themselves. The system permits judges to be quite secretive (and most of them are), so indirect methods are required to make sense of their behavior. Here, a political scientist, an economist, and a judge work together to construct a unified theory of judicial decision-making. Using statistical methods to test hypotheses, they dispel the mystery of how judicial decisions in district courts, circuit courts, and the Supreme Court are made. The authors derive their hypotheses from a labor-market model, which allows them to consider judges as they would any other economic actors: as self-interested individuals motivated by both the pecuniary and non-pecuniary aspects of their work. In the authors' view, this model describes judicial behavior better than either the traditional “legalist” theory, which sees judges as automatons who mechanically apply the law to the facts, or the current dominant theory in political science, which exaggerates the ideological component in judicial behavior. Ideology does figure into decision-making at all levels of the federal judiciary, the authors find, but its influence is not uniform. It diminishes as one moves down the judicial hierarchy from the Supreme Court to the courts of appeals to the district courts. As The Behavior of Federal Judges demonstrates, the good news is that ideology does not extinguish the influence of other components in judicial decision-making. Federal judges are not just robots or politicians in robes.
