The Common Law Process of Torts

The Common Law Process of Torts

Author: David S. Weissbrodt

Publisher:

Published: 2012

Total Pages: 0

ISBN-13: 9780769849140

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To order a paperback version of this casebook, please click here. This book seeks to explain tort law through an examination of the common law process and the substantive rules and principles that have emerged as a result. The Common Law of Process of Torts introduces students to legal reasoning. Students learn not only how to understand the rationale behind judicial opinions, but also how to predict and develop the legal arguments that will likely be successful. The limited scope of the casebook focuses and sharpens the students' understanding of the crucial issues of substantive tort law. Perhaps more importantly, it helps explain the nature of law and the law's relationship to justice. The Common Law of Process of Torts also assists beginning law students in understanding the procedural context in which torts cases arise and thus developing an additional perspective on civil procedure. Although many beginning law students find civil procedure to be quite difficult, the casebook's explanations and contextual examples of key procedural devices act as a user-friendly and practical guide to that area of law.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


International Criminal Procedure

International Criminal Procedure

Author: Linda Carter

Publisher: Edward Elgar Publishing

Published: 2013-01-01

Total Pages: 273

ISBN-13: 0857939580

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'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.


A Concise History of the Common Law

A Concise History of the Common Law

Author: Theodore Frank Thomas Plucknett

Publisher: The Lawbook Exchange, Ltd.

Published: 2001

Total Pages: 828

ISBN-13: 1584771372

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Originally published: 5th ed. Boston: Little, Brown and Co., 1956.


A Common Law for the Age of Statutes

A Common Law for the Age of Statutes

Author: Guido Calabresi

Publisher: The Lawbook Exchange, Ltd.

Published: 1999

Total Pages: 348

ISBN-13: 1584770406

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Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).


The Nature of the Common Law

The Nature of the Common Law

Author: Melvin Aron Eisenberg

Publisher: Harvard University Press

Published: 1991-10

Total Pages: 220

ISBN-13: 9780674604810

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Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.


History of the Common Law

History of the Common Law

Author: John H. Langbein

Publisher: Aspen Publishers

Published: 2009-08-14

Total Pages: 1194

ISBN-13:

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This introductory text explores the historical origins of the main legal institutions that came to characterize the Anglo-American legal tradition, and to distinguish it from European legal systems. The book contains both text and extracts from historical sources and literature. The book is published in color, and contains over 250 illustrations, many in color, including medieval illuminated manuscripts, paintings, books and manuscripts, caricatures, and photographs.


The Birth of the English Common Law

The Birth of the English Common Law

Author: R. C. van Caenegem

Publisher: Cambridge University Press

Published: 1988-11-24

Total Pages: 184

ISBN-13: 9780521356824

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This book provides a challenging interpretation of the emergence of the common law in Anglo-Norman England, against the background of the general development of legal institutions in Europe. In a detailed discussion of the emergence of the central courts and the common law they administered, the author traces the rise of the writ system and the growth of the jury system in twelfth-century England. Professor van Caenegem attempts to explain why English law is so different from that on the Continent and why this divergence began in the twelfth century, arguing that chance and chronological accident played the major part and led to the paradox of a feudal law of continental origin becoming one of the most typical manifestations of English life and thought. First published in 1973, The Birth of the English Common Law has come to enjoy classical status, and in a preface Professor van Caenegem discusses some recent developments in the study of English law under the Norman and earliest Angevin kings.


The Concept of Ordered Liberty and the Common-Law Due-Process Tradition

The Concept of Ordered Liberty and the Common-Law Due-Process Tradition

Author: Matthew W. Lunder

Publisher: Rowman & Littlefield

Published: 2021-01-12

Total Pages: 285

ISBN-13: 1793626359

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The Concept of Ordered Liberty is a story of due process from the common-law tradition. Told through Supreme Court cases against a backdrop of political theory, legal philosophy and history, it illuminates a mid-twentieth-century dialectic between theories—liberal and conservative—for resolving controversies about state interference with personal liberties. So pervasive was the partisanship flowing from a riven body politic that every institution comprising the fabric of American society, including the federal courts, was soaked in it. But the ideological contest is not the story’s primary concern. More pertinent to our dilemma today is what the clash of ideologies eclipsed: a venerable judicial practice deeply rooted in American history and tradition. The moral of the story is in this praxis at its center and its understanding of the limits of legislative and judicial power. The modern liberal and conservative approaches to fundamental rights fall short of the tradition, having strayed from the common-law concept of ordered liberty. Readers will find a suprapartisan perspective on the federal courts’ obligation to resolve disputes about our Nation’s most controversial issues, and a critical reflection on the modern Supreme Court’s role in its politics.