Journal articles on the topic 'English civil justice system'
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1
Leslie, John. "Refining the System of Expert Evidence in English Civil Procedure." European Business Law Review 25, Issue 4 (August 1, 2014): 539–44. http://dx.doi.org/10.54648/eulr2014024.
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The civil procedure system in England requires the court to give permission for expert evidence to be used by a party. The expert owes an overriding duty to the interests of justice and to the court. This article considers the different forms of expert evidence (including the single, joint expert, who is shared by the parties) and the increasing degree of judicial management of such evidence.
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Goh, Joshua Matthew. "The Development of Singapore’s Military Justice System." Journal of International Peacekeeping 20, no. 3-4 (August 17, 2016): 186–218. http://dx.doi.org/10.1163/18754112-02003004.
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The global trend towards civilianization of military justice systems has had its own unique impact on Singapore’s brand of military justice, in particular its mode of trial by General Court-Martial. This paper explores the development of Singapore’s military justice system since Singapore’s independence, comparing it to developments in the United Kingdom and Canada, two countries that have also civilianized their military justice systems with input from their civil courts, and in the case of the uk, the European Court of Human Rights. These jurisdictions provide a useful comparison on the progress of Singapore’s civilianization reform given both their shared origin of military justice in the English court-martial system and the focus of all three jurisdictions on better protecting the rights of accused servicemen.
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Turner, Robert. "The Civil Procedure Rules 1998 An On-Going Revolution? Their Strengths and Shortcomings." European Business Law Review 25, Issue 4 (August 1, 2014): 481–98. http://dx.doi.org/10.54648/eulr2014020.
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This article examines various innovations within the modern English civil justice system. In particular, the English procedural code, CPR (1998) Rule 1.4, requires the court to further the overriding objective by `actively' managing cases. This radical innovation gave English judges a new role. Before 1999 most judges had not become involved systematically and actively in case management. They had instead prided themselves on being detached from the preparations for trial other than to respond to applications brought before them by the parties.
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Andrews, Neil. "Affordable and Accurate Civil Justice Challenges Facing the English and Other Modern Systems." European Business Law Review 25, Issue 4 (August 1, 2014): 545–63. http://dx.doi.org/10.54648/eulr2014025.
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Modern legal systems, including the English, emphasise the need to promote mediation, uphold arbitration (which bypasses the courts), and achieve settlements. These are regarded as preferable to lengthy court proceedings culminating in trial. In England the Jackson reforms of April 2013 aim to control costs and stream-line proceedings. However, it is here argued that the challenges of promoting affordability and accessibility must not be permitted to undermine accuracy and that public adjudication in the courts of civil claims, including clarification of points of law, remain important for the vitality and health of the legal system. Inaccurate judicial decision-making would be unacceptably rough justice. It will be shunned. Furthermore, although mediation and arbitration have their place, both have their dangers, if they cause public adjudication to become too scarce or unreliable. For neither mediation nor arbitration involves public judgment of disputed matters of fact and law.
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Koo, AKC. "The role of the English courts in alternative dispute resolution." Legal Studies 38, no. 4 (October 2, 2018): 666–83. http://dx.doi.org/10.1017/lst.2018.13.
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AbstractThe purpose of this article is to examine the interaction between the court and alternative dispute resolution (ADR) in the legal administration of civil justice. It addresses the following questions. What is the relationship between ADR and the concept of justice? How do we make sense of the anti-ADR views, in particular the serious threat to the rule of law? What role does, and should, the court play in alternative processes? It argues that integrating ADR into the court system broadens the notion of justice and its access, and that, under the rule of law, judges should play a more central role to ensure the use, quality and integrity of alternative processes. This paper extends our understanding of the relationship among justice, ADR and the court from an internal perspective. It also points out the need to expand the case management responsibilities of judges, and their delegates in the Online Court, on ADR.
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Hurst, Peter. "The English System of Costs: Life after the Jackson Reforms (April 2013)." European Business Law Review 25, Issue 4 (August 1, 2014): 565–85. http://dx.doi.org/10.54648/eulr2014026.
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Following Sir Rupert Jackson's report on the costs regime (Reforming Civil Litigation Funding and Costs in England and Wales-Implementation of Lord Justice Jackson's Recommendations: The Government Response (Cm 8041, 2011)), many procedural changes, notably affecting costs, were introduced on 1 April 2013. These include: introduction of qualified one way costs shifting, damages based agreements, increased damages and the changes to CPR Part 36 (costs implications of rejected settlement offers). The problems and uncertainties generated by this new set of costs rules will probably occupy the courts, notably the higher courts, for at least ten years.
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Ahmed, Masood. "Moving on from a judicial preference for mediation to embed appropriate dispute resolution." Northern Ireland Legal Quarterly 70, no. 3 (October 9, 2019): 331–54. http://dx.doi.org/10.53386/nilq.v70i3.137.
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This paper critically considers judicial approaches to and promotion of mediation within the English civil justice system. It argues that the overzealous judicial emphasis on mediation in the ADR jurisprudence has restricted the wider concepts of ADR and ‘dispute resolution’ which in turn has created what the author terms ‘judicial mediation bias’. The paper critically explores these issues through an analysis of the ADR jurisprudence, with a focus on key Court of Appeal ADR authorities, and successive civil justice reforms. The paper makes proposals for reform, including the potential use of stages one and two of Lord Justice Briggs’ online court to promote a greater application of a variety of ADR procedures, in particular, judicial early neutral evaluation and collaborative dispute resolution.
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Tampubolon, Manotar, and Putu George Matthew Simbolon. "Perbandingan Sistem Hukum Inggris Dengan Jerman (Refleksi Terhadap Sumber Hukum Dan Penerapan Hukum Indonesia)." Yurispruden : Jurnal Fakultas Hukum Universitas Islam Malang 5, no. 2 (June 22, 2022): 141. http://dx.doi.org/10.33474/yur.v5i2.11114.
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This article explains the differences and similarities between the British legal system and German Law and reflects their application to Indonesian law which was influenced by the swift flow of legalism. The writing uses a normative juridical method with a comparative law approach. Authors use English common law sources along with their application and German civil law along with their application under the stuffenbau theory. The difference between these legal systems is the common law system prioritizes precedent application, while the civil law system prioritizes statutes. Furthermore, these systems also have similarities whereas both systems are applying customs, doctrines, and legal interpretations as to their complementary legal instruments. The authors address that Indonesia needs to apply methods beyond the statute approach, and Indonesia shall take into account customs, doctrines, and interpretations to achieve justice.
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Котов, Сергей, and Sergey Kokotov. "Sources of law of the British colony Quebec in the last third of the XVIII century: the problem of choice." Services in Russia and abroad 9, no. 1 (June 25, 2015): 121–33. http://dx.doi.org/10.12737/11715.
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A distinctive feature of modern Canada is the dualism of its legal system. This means that in the country there are two systems of law - continental (Roman-German) and Anglo-Saxon (precedent). Each of these systems differ in their approaches to the understanding of law and justice implementation. However, the main difference is due to the fact that each of these systems relies on its own sources of law. If the basis of the criminal and private law in general, and the federation of nine provinces in particular is common (case) law of England, in the province of Quebec are used English (basically) criminal law and French civil law in its origin.
Historically, this was due to the fact that at the time of the conquest of the colony of New France (now Quebec) in the XVIII century it had a relatively developed legal system, including the system of administration of justice. At the heart of the local sources of law were kutyums of Paris, supplementing ordinances of the French kings. Inclusion of New France in the possession of the English Crown was for the new authorities a precedent - the first time in the history of the British colonial empire it acquired a part of the territory with a Christian population and European law.
In fact, the British colonial authorities had to make a choice, which was to determine the vector of further legal development of not only the newly conquered colony, but the whole of British North America. According to the rules of English case law the medieval English monarch (as sovereign) could either admit the law to of its new ownershipin force at the time of the conquest, or introduce there English law in force at the time. In view of the prevailing circumstances of the specific historical issue of the replacement of French law (including sources and the administration of justice) in English it turned out to be extremely difficult from the socio-political and a formal legal point of view.
This article analyzes the problems encountered during the initial stage of the legal system of the British colony of Quebec and, in particular, of the sources of its territorial law.
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SULTANOV, A. R. "ARBITRATION FLASH JUSTICE?" Herald of Civil Procedure 11, no. 1 (April 20, 2021): 60–77. http://dx.doi.org/10.24031/2226-0781-2021-11-1-60-77.
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In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.
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Williams, Rowan. "Civil and Religious Law in England: A Religious Perspective." Ecclesiastical Law Journal 10, no. 3 (August 12, 2008): 262–82. http://dx.doi.org/10.1017/s0956618x08001403.
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This is the complete text of the lecture delivered by the Archbishop of Canterbury at the Royal Courts of Justice on 7 February 2008, under the chairmanship of Lord Phillips of Worth Matravers, the Lord Chief Justice, as the Foundation Lecture in a series of public discussions on ‘Islam in English Law’.1 The lecture seeks to tease out some of the broader issues around the rights of religious groups within a secular state, using sharia as an example and noting the substantial difference between ‘primitivist’ accounts of sharia and those of serious jurists within Islam. The Archbishop discusses the implications of some interpretations of Western secular legal systems, which seek to remove from consideration the actual religious motivations and practices of groups in plural societies. Where the law does not take religious motivation seriously, then it fails to engage with the community in question and opens up real issues of power by the majority over the minority and thus of community cohesion. It examines whether there should be a higher level of attention to religious identity and communal rights in the practice of the law: how to manage the distinction between cultural practices and those arising from genuine religious belief; and what to do about the possibility that a supplementary jurisdiction could have the effect of reinforcing in minority communities some of the most repressive or retrograde elements in them, with particularly serious consequences for the role and liberties of women. Is a monopolistic approach to a legal system a satisfactory basis for a modern pluralistic and democratic state? Might there be room for ‘overlapping jurisdictions’, in which individuals can choose in certain limited areas whether to seek justice under one system or another? If we are to think intelligently about the relations between Islam and British law, we need a fair amount of ‘deconstruction’ of crude oppositions and mythologies, whether of the nature of sharia or of the nature of the Enlightenment. Following the text of the lecture is a transcript of the Question and Answer session which followed.
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Adoneva, I. G. "The Discussion about the European Experience in Deliberation Judicial Reform in the Russian Magazines (1857–1864)." Vestnik NSU. Series: History and Philology 18, no. 6 (2019): 18–29. http://dx.doi.org/10.25205/1818-7919-2019-18-6-18-29.
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Purpose. Analyzed articles about past and present European of justice, published in the periodical socio-political (“Russian Gerald”, “Domestic notes”, “Contemporary”) and departmental (magazines published by ministries) publications in 1857–1864 in the context of discussions on judicial reform. Results. A total of 43 texts on the past and present of European justice were identified, which belong to 25 authors. The authors identify as professors of low and civil servants. At the heart of their professional worldview was the state-historical school of law, so they revealed through the press its values. Refined of the most discussed topics: the organization of local justice, advocacy and jury. There is a discussion between the supporters of the English and French justice systems, their argumentation is considered. Supporters of the English judicial system argued that England is not as similar to Europe as Russia, so its experience may be interesting. But they stressed that the judicial institutions of England are very closely connected with its specific history and culture. Adherents of the French model of justice found positive its organization, uniformity and high educational level for judicial officials and lawyers. They also pointed out that in the countries of continental Europe, where justice has been reformed in the French model, it is functioning successfully. Proved the dependence between the final orientation of the printing on the French model and the assumption of office of Minister of justice D. N. Zamyatnin. Conclusion. It is emphasized that, in addition to respect for the judicial systems of European countries, there were skeptical judgments about the use of these samples in the Russian Empire.
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Winder, Christopher. "The cost of commercial litigation in England–A European perspective, and a look to the future." European Review of Private Law 4, Issue 4 (December 1, 1996): 339–50. http://dx.doi.org/10.54648/146741.
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Access to justice can be severely impeded by the costs of litigation. English civil litigation has developed four particular procedures which stand out as differing radically in principle and in cost from continental systems: pre-trial disclosure of documents ('discovery'), the use of oral evidence, the use of expert evidence and a plaintiff's potential liability for a successful opponent's costs. In 1994 Lord Woolf was appointed to review the rules and procedures of the civil courts in England and Wales with a view to improving access to justice and reducing the costs of litigation. His report contains proposals which, if implemented, will lead to greater court control of proceedings and thus of their related costs.
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Passanante, Luca. "Oligarchi e azione revocatoria: profili di diritto processuale inglese (<i>Akhmedova</i> v <i>Akhmedov</i>, 21 aprile 2021)." settembre-ottobre, no. 5 (October 6, 2022): 902–11. http://dx.doi.org/10.35948/1590-5586/2022.190.
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Tesi Talvolta accade che il trust sia utilizzato a fini abusivi. La vicenda decisa dalla sentenza in commento ne è un esempio emblematico. Le intricate vicende processuali fanno nel complesso emergere alcuni dei tratti più tipici della giustizia civile inglese: l’intolleranza all’abuso del diritto e alle manifestazioni di slealtà nei confronti dell’amministrazione della giustizia. Le decisioni interlocutorie e definitive di questa vicenda giudiziaria sanciscono l’inevitabile ripetuta soccombenza di chi si sottrae ad uno dei doveri fondamentali delle parti nel processo: quello di full and frank disclosure. In definitiva, i trust abusivi, avendo irrimediabilmente consonanti implicazioni sul piano processuale, hanno ben poche chance di sopravvivere al controllo del giudice inglese. The author’s view The case decided by the judgment under review shows that it sometimes happens that the trust is used for abusive purposes. The intricate procedural steps of this case bring out some of the most typical features of English civil justice system: intolerance towards abuse of rights and towards unfairness to the administration of justice. The interlocutory and final decisions in this case show how those who fail to comply with one of the fundamental duties of parties in the process - that of full and frank disclosure - are likely to lose. Ultimately, abusive trust, having consistent procedural implications, have little chance of surviving the scrutiny of English courts.
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Allen, Tony. "The Place of Mediation in England & Wales in 2014." European Business Law Review 25, Issue 4 (August 1, 2014): 517–26. http://dx.doi.org/10.54648/eulr2014022.
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With both the increasing significance of mediation in civil justice systems and the continuing need to articulate and validate a process conducted confidentially, this article summarises how a typical commercial mediation is conducted, and what has made mediation attractive for resolving commercial disputes; it reviews official support for its development, discussing the degree to which use of mediation can be encouraged by judicial order and use of costs sanctions; it also examines the impact of the EU Mediation Directive on English civil practice, distinguishes mediation from arbitration, and speculates about future developments.
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Coldham, Simon. "Customary Marriage and The Urban Local Courts in Zambia." Journal of African Law 34, no. 1 (1990): 67–75. http://dx.doi.org/10.1017/s0021855300008202.
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The local courts of Zambia are the successors to the native courts which the British set up in Northern Rhodesia, as elsewhere in colonial Africa, to administer justice to Africans. However, while the system of native courts originally existed in parallel with the system of English-style magistrates' courts, after independence the native courts (re-named local courts) were integrated into the judicial system, with appeals lying to subordinate courts (i.e. magistrates' courts) of the first or second class. Although it was the ultimate goal of the government to have a fully professionalised judiciary (a policy adopted by Kenya in 1967), it recognised that the local courts still had an important role to play in the administration of justice, particularly in the rural areas. Twenty years later it looks as if their future is secure. If the amount of business transacted by the local courts and the paucity of appeals from their decisions provide an indication of their popularity and effectiveness, they would seem to have proved their worth.Like their predecessors, the local courts have a limited criminal jurisdiction, but the bulk of their business is civil. They have jurisdiction in most civil matters where the claim does not exceed 200 kwacha. Some of these cases are actions for the recovery of a debt, actions for assault or actions for defamation of character (most frequently, accusations of witchcraft), but the majority of the cases could be broadly categorised as “family” cases, including divorce, adultery, seduction and inheritance claims.
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Rossi, Guido. "The barratry of the shipmaster in early modern law: the approach of Italian and English law courts." Tijdschrift voor Rechtsgeschiedenis 87, no. 4 (December 19, 2019): 504–74. http://dx.doi.org/10.1163/15718190-00870a02.
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SummaryFor a long time, the concept of barratry (at least in its maritime meaning) was one and the same on both sides of the Channel. The barratry of the shipmaster was part of the mercantile usages, and it identified the intentionally blameworthy conduct of the master. When law courts began to decide on insurance litigation they were confronted with a notion quite alien to them. Broadly speaking, the shipmaster’s barratry could well be considered a fraud of sort. But in order to decide on its occurrence in a specific case, law courts had to analyse it in legal terms, and so according to the specific legal categories of their own system. The point ceases to be trivially obvious if we think that the different legal framework of civil and common law courts progressively led to very different interpretations of the same thing. Thus, with the shift of insurance litigation from mercantile justice to law courts maritime barratry began to acquire increasingly different features in the two legal systems. Very often, the very same conduct of the shipmaster was considered as negligent by civil law courts and barratrous by common law courts. The difference was of great practical importance, for many policies excluded barratry from the risks insured against. So, depending on the kind of law court, an insurer could be charged with full liability for the mishap or walk away without paying anything. If the beginning of the story was the same, its end could not have been more different.
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Barrie, David G. "Anglicization and Autonomy: Scottish Policing, Governance and the State, 1833 to 1885." Law and History Review 30, no. 2 (April 26, 2012): 449–94. http://dx.doi.org/10.1017/s0738248011000939.
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As with other pillars of the Scottish criminal justice system, the distinctiveness of the Scottish police model from its English counterpart has been widely acknowledged. Its historical development, institutional structure, and level of community support have been portrayed as unique in the United Kingdom. Although rarely heralded as a symbol of national identity in the same way as the Church of Scotland or the legal system, the Scottish police's distinctive customs, traits, and practices have been held up in some studies as a badge of national pride. Often this is for no significant reason other than the fact that police reform in Scotland predated similar developments in England. Municipal police administration has also been depicted as an important symbol of the self-governing nature of Scottish civil society, conferring upon local authorities a wide range of autonomous powers and strengthening their bargaining position with central government in Westminster in London.
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Getzler, Joshua. "Chancery Reform and Law Reform." Law and History Review 22, no. 3 (2004): 601–8. http://dx.doi.org/10.2307/4141690.
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Michael Lobban shows how dissatisfaction with the law-equity split in English civil justice predated the Judicature Act reforms by two generations at least (one could argue two-and-a half centuries or more—periodization fails quickly). Lobban links the first modern debates over fusion to high legal politics on the one hand and to the more intricate internal problems of evidence, procedure, and jurisdiction on the other. Lawyers of the earlier Victorian age found the Chancery system bequeathed to them by Lord Eldon to be intolerable on two counts: it represented Old Corruption or monopolistic private control of public offices and it exacted heavy costs in procedural inconvenience, cost, and delay. Lobban does not see ideology such as Benthamite philosophy driving the rationalization of Chancery doctrine and institutions though he does not dismiss this factor entirely.
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Trost, Jennifer. "The Impostor Rule and Identity Theft in America." Law and History Review 35, no. 2 (March 6, 2017): 433–59. http://dx.doi.org/10.1017/s0738248017000074.
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Impersonation and then identity theft in America emerged in the legal space between a civil system with a high tolerance for market risk and losses incurred by impostors, and a later-developing criminal system preoccupied with fraud or forgery against the government. Negotiable instruments, generally paper checks, borrowed from seventeenth-century England, enabled a geographically far-flung commercial system of paper-based but impersonal exchanges at a time before widespread availability of centrally-issued currency or regulated banks. By assigning loss rather than catching criminals, the “impostor rule” made and continues to make transactions with negotiable instruments valid even if fraudulent. This large body of commercial law has stood essentially unchanged for three hundred years and has facilitated a system rife with impersonation which criminal and federal laws did not address until the late 20thcentury. English common law, American legal treatises, court cases, law review articles, and internal debates behind the Uniform Commercial Code tell the story of a legal system at the service of commerce through the unimpeded transfer of paper payments. Combining the fields of legal history and criminal justice with the approaches of emerging research in both identification and paperwork studies, this article explains the ongoing policy problems of identity theft.
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BOHLANDER, MICHAEL. "Radbruch Redux: The Need for Revisiting the Conversation between Common and Civil Law at Root Level at the Example of International Criminal Justice." Leiden Journal of International Law 24, no. 2 (May 6, 2011): 393–410. http://dx.doi.org/10.1017/s0922156511000070.
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AbstractInternational criminal justice is based to a large extent on extrapolations from criminal-law research on domestic systems. The difficult exercise of arriving at a common denominator is exacerbated by the systemic dichotomy of the so-called common-law and civil-law models, which, in turn, have now been joined by a third contender: public international law. Each of these has its own methods of approaching the task of solving legal problems. This paper queries the inter-model conversation that is happening so far and asks the question as to whether it is necessary to hold this discussion at a much more fundamental level than it would seem has been the case so far. It does so at the example of the relationship between German and English and Welsh law, but its concerns and conclusions merit consideration for the entire debate between the systems.
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Gippini-Fournier, Eric. "The Elusive Standard of Proof in EU Competition Cases." World Competition 33, Issue 2 (June 1, 2010): 187–207. http://dx.doi.org/10.54648/woco2010017.
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Lawyers trained in common law systems often enquire about the applicable standard of proof when the EU Courts in Luxembourg (the General Court and the Court of Justice) review the legality of competition law decisions of the European Commission. This article shows that, despite occasional references in the English language versions of some recent judgments, the concept of ‘standard of proof’ as such does not form part of the Courts’ reasoning process. The EU Courts seem more influenced by the predominant conception in civil law countries – the vast majority of EU Member States have civil law systems – where the judge decides according to the persuasiveness of the evidence without being bound by pre-determined evidentiary or probability ‘thresholds’. The elusive and largely fruitless quest for ‘the’ standard of proof that has mired so many authors appears to be a blind alley. With specific reference to competition cases, the article then explores some factors (including, for example, the distinction between actions and consequences or the judge’s implicit views on economic ‘normality’), which may contribute to explaining the process of persuasion in litigation before the EU Courts.
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Santos, Maria Celeste Cordeiro Leite dos, and Marilene Araujo. "Direito e Sociedade: as Estruturas e Funções da Lei no Direito Inglês." REVISTA INTERNACIONAL CONSINTER DE DIREITO 12, no. 12 (June 30, 2021): 99–122. http://dx.doi.org/10.19135/revista.consinter.00012.03.
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The article “Law and Society: the structures and functions of the Law in English Law”, is the result of teaching aimed at students of the Master’s Degree in Law at the Pontifical Catholic University of São Paulo, in the first semester of 2020 – Discipline General Theory of Law I – “Law, Power and Justice: the Hyper-cycle and the Legal Order”. Its primary objective is to understand how legal rules are made and used in Common Law in its similarities and distinctions from Civil Law. Civil society (societas civilis) is opposed to “natural society” (societas naturalis), being synonymous with “Political society” (in correspondence, respectively with the derivation of civitas and polis). The study of society as a social system, its structures and macro and micro functions in the legal subsystem (according to Niklas Luhmann) is current, predominant, and will be the object of this study in Chapter I. Chapter II, aims to investigate the sources and models Common Law. Chapter III, analyzes the Hypercycle of Law and makes conjectures about Common Law. Since law is a multifaceted phenomenon and difficult to define rigorously, due to its ambiguity and syntactic imprecision in its current use in different cultures, the methodology used was Aristotelian Topic, in the focus of zetetic investigation, with constant opening for constant questioning. The Conclusions and Bibliography follow.
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Ambrose, Clare. "Can Anti-Suit Injuctions Survive European Community Law?" International and Comparative Law Quarterly 52, no. 2 (April 2003): 401–24. http://dx.doi.org/10.1093/iclq/52.2.401.
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An injunction to restrain foreign proceedings is probably the most powerful remedy available in an English court for dealing with a jurisdictional dispute. It is certainly the most controversial because the court is interfering with proceedings in another jurisdiction and no comparable remedy exists in civil law systems. The influence of European Community law has intensified the controversy because it has become increasingly doubtful whether the remedy is compatible with the scheme for allocating jurisdiction under the Brussels Convention (or its successor, the Brussels I Regulation) The House of Lord's decision in Turner v Grovit is an important development because their Lordships have made a reference to the European Court of Justice asking, ‘Is it consistent with the Brussels Convention for the courts of the United Kingdom to grant restraining orders against defendants who are threatening to commence or continue legal proceedings in another Convention country when those defendants are acting in bad faith with the intent and purpose of frustrating or obstructing proceedings properly before the English courts?’ (The issue is probably identical to that which would arise under the Brussels I Regulation and references herein to the Convention are generally equally applicable to the Regulation).
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Fellmeth, Aaron. "U.S. State Legislation to Limit Use of International and Foreign Law." American Journal of International Law 106, no. 1 (January 2012): 107–17. http://dx.doi.org/10.5305/amerjintelaw.106.1.0107.
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International law is no stranger to controversy in the U.S. court system. The Supreme Court’s occasional citations to international law and foreign laws have generated debate in Congress, academia, and civil society, and between the justices themselves. In 2004 and 2005, “Constitution Restoration Act” bills were introduced into both houses of Congress that would have, inter alia, subjected federal judges to impeachment for any citation to international or foreign law (other than the English common law) when interpreting the U.S. Constitution. Neither bill was adopted, but they attracted five senatorial cosponsors and thirty-four in the House of Representatives.
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Stępkowski, Aleksander. "KSZTAŁTOWANIE SIĘ MIESZANEGO SYSTEMU SZKOCKIEGO PRAWA PRYWATNEGO W XIX I XX WIEKU." Zeszyty Prawnicze 2, no. 1 (March 19, 2017): 57. http://dx.doi.org/10.21697/zp.2012.2.1.02.
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FORMATION OF THE MIXED SYSTEM OF SCOTTISH PRIVATE LAW DURING 19™AND 20™ CENTURIES(Summary) This paper présents development of Scots law as a mixed jurisdiction in 19th and 20th centuries. This spécifie mixture of légal cultures which is Scots law, owes most of its peculiarity to, variable in its character, relationships with England and its precedent based legal culture. English influence on Scottish private law become predominant in 19th century, as an effect of advancement of internal integration within United Kingdome.Scots law - as described in 18th century classical legal treaties - was in general based on continental ius commune, as presented in French and Roman-Dutch legal thought. Political and social consequences of the Union of 1707 allowed extremely intensive influence of English law in Scotland since second quarter of 19th century. This impact had miscellaneous character and was performed in a various ways. The easiest one was legislative activity of British Parliament, whose statutes in 19th century started to be progressively more and more important source of English law. Statutory influence was the easiest as the number of Scots in British Parliament never exceeded ten percent, so there was no problem in ignoring their objections, until the establishment of the Scottish Law Commission in 1965, which started to supervise legislation touching Scotland.Except statutory influence, considerable changes took place in the way of administering justice in Scodand. The most spectacular was decision of the House of Lords which in the beginning of 18th century had recognised its authority to revise judgements of the Court of Session – Scottish supreme court. In effect House of Lords started - regardless differences existing between Scots law and English law - to apply English rules in reviewing judgements of the Court of Session. Further influence of English rules into Scots law was provoked by the reform of the Court of Session, whose organisation and proceedings became considerably anglicised. It provoked that its decisions started to be regarded as a primary source of law by progressive acceptance of English stare decisis rule - which was not the part of Scottish legal system before.A kind of reaction for this process of Anglicisation was the interest of Scottish lawyers in studies of Roman law, as performed on continent in Netherlands and Germany. This interest subsequently was manifested in following ideas of German historical school. In consequence they started to underline the unique - domestic - character of Scots law, independent as well from English law as from continental tradition of civil law.The article is finishing with considerations upon possible consequences for Scots law of the process of devolution in Scodand which took place in 1998. It presents different opinions of Scottish lawyers, as to the future development of Scots law.
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Ivanov, O. O. "SIMPLIFIED PROCEDURE: FOREIGN EXPERIENCE." Actual problems of native jurisprudence 3, no. 3 (June 2021): 10–15. http://dx.doi.org/10.15421/392142.
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The article examines the experience of some foreign countries in implementing the proceedings of simplified procedure. One of the most common expedited methods of conducting justice in the world is the so-called summary proceedings, which, obviously, comes from the English word “summary”, which means short, brief, and abbreviated. Summary procedures (or proceedings) have some similarities with mandatory and simplified proceedings in the domestic law. The main peculiarity of the summary proceedings consists in the fact that the decision on a particular case is carried out without any court hearing based on analysis of the reliability, admissibility of evidence and assessment of the positions of the parties at the preliminary stage of the process. However, the specific peculiarity, that is the written nature of the proceedings, does not exist in this case. It is due to an oral conversation included that the court conducts with the parties, so, following the previously stated argumentation in terms of clarifying the terminology, the summary proceedings are expedited regarding ordinary procedures, but not simplified. In the countries of the Anglo-Saxon legal family, there is also another specific form of acceleration of civil procedures, which is not common for the Ukrainian legal system that is a concerted decision. The concerted decision is an agreement between parties sanctioned by a court, and it takes an advantage of immunity regarding an indirect appeal (by an additional claim) to the same extent as a decision rendered by a court. The concerted decision is the final act, which concludes the consideration of the case as such. It has been established that in most developed countries of the world the model of the course of justice in civil cases provides for a plurality of expedited procedures, each of which is intended to consider a separate category of cases. In some countries, in order to denote such a type of procedures, they use the general word “particular”, as, for example, in France – procedure particulieres, emphasizing their uniqueness and special peculiarities. In many countries, such special procedures include a procedural mechanism, which is similar to the domestic system of mandatory procedures.
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Danbury, Elizabeth A., and Kathleen L. Scott. "THE PLEA ROLLS OF THE COURT OF COMMON PLEAS: AN UNUSED SOURCE FOR THE ART AND HISTORY OF LATER MEDIEVAL ENGLAND, 1422–1509." Antiquaries Journal 95 (September 2015): 157–210. http://dx.doi.org/10.1017/s000358151500044x.
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The court of Common Pleas was one of the most important courts in the English legal system for more than 600 years, until its abolition by Act of Parliament in 1873. The cases heard before this royal court were civil disputes between the king’s subjects, often relating to land, inheritance and debts. The purpose of this paper is to introduce readers to the ornament and imagery that appeared on the headings of the main records of the court of Common Pleas between 1422 and 1509 and to explore the origins and contemporary context of the images and representations employed by the clerk-artists who wrote and decorated these headings. The decoration they chose ranged from simple ornament to representations of plants, birds, animals and people. Great emphasis was placed on the role of the sovereign as the fount of justice, and this emphasis was reinforced by the incorporation of words and phrases, acclamations and verses from the Psalms chosen to underline the majesty and power of successive monarchs. The illustrations provide an important insight into the art, history and politics of late fifteenth-century England.
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McLachlan, Campbell. "The Jurisdictional Limits of Disclosure Orders in Transnational Fraud Litigation." International and Comparative Law Quarterly 47, no. 1 (January 1998): 3–49. http://dx.doi.org/10.1017/s0020589300061558.
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A modern approach to private international law must deal adequately with three overall concerns. First, it must provide functional responses to the modern international context of trade and commerce in which cross-border problems arise. Second, it must provide effective and fair remedies in civil disputes when those disputes spill over national borders. Third, it must resolve the otherwise irreconcilable conflicts between national legal systems—not as an end in itself or solely as a means of finding comity among nations, but in order to do substantial justice between the private litigants involved. As Dicey had it in the choice of law context, this “does not arise from the desire of the sovereign of England or any other sovereign to show courtesy to other states. It flows from the impossibility of otherwise determining whole classes of cases without gross inconvenience and injustice to litigants, whether natives or foreigners.” It is the burden of this article to examine the way in which the English courts have sought to work out these three general functions in the context of developing rules that govern the ambit of interlocutory orders to disclose and trace the proceeds of fraud internationally. Having identified the problems of abuse presented by the new opportunities of the international banking system, the courts have been quick to innovate in developing new remedies. But just as quickly they have run up against the boundaries of such remedies, both in granting orders themselves and in reacting to foreign orders.
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Brienen, Marion, Ernestine Hoegen, and Marc Groenhuijsen. "Evaluation and Meta-Evaluation of the Effectiveness of Victim-Oriented Legal Reform in Europe." Criminologie 33, no. 1 (October 2, 2002): 121–44. http://dx.doi.org/10.7202/004710ar.
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Abstract The 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, and the Council of Europe's Recommendation (85) 11 on the Position of the Victim in the Framework of Criminal Law and Procedure are important documents that reflect an international consensus on legal rights for victims. In many European jurisdictions, such victims' rights have been introduced or improved upon. However, they are often not used as intended or remain virtually dormant. The UN has therefore adopted a Resolution and drafted a manual on ways to facilitate effective implementation. In addition, certain jurisdictions have proved sensitive to implementation problems. The Netherlands, for example, put the new Victim Act into effect on an experimental basis in two legal districts to carefully evaluate the effects of new provisions, and to apply the resulting knowledge when expanding its territorial scope. However, more sophisticated instruments are needed to set implementation parameters at a supra-national level. To this effect, we conducted a comparative study of both a legal and empirical nature in 22 member states of the Council of Europe. The study revealed, inter alia, critical factors of failure or success. The workings of these critical factors in the implementation of Recommendation (85) 11 are demonstrated by drawing upon illustrations taken from the reality of certain jurisdictions. The examples are subdivided into four major themes: information, compensation, treatment and protection. As the second guideline of Recommendation (85) 11 expresses, the creation of a formal duty for the police to provide victims with information about the possibilities of obtaining assistance, legal aid and compensation is vital. However, in half of the jurisdictions, no such reform has been implemented. Our study reveals that critical factors of failure are, among other things, a widespread conceptualization of the victim as an alleged victim and the creation of an information duty for the judicial authorities instead of for the police. In jurisdictions where an information duty has been created, failure depends, first of all, on whether the police are content with a symbolic fulfillment of this task. Critical factors needed to improve successful implementation are the creation of organizational incentives, monitoring systems, and systematic referral to victim support, legal aid and social or counseling services. A final step to improve implementation of information duties would be financial compensation earned for victim-related activities carried out by the police and other authorities. Concerning compensation, research reveals that the compensation order, particularly the English one, is more successful than the partie civile model or the Dutch compensation measure. The most important critical factor of success of the compensation order is that it is a penal sanction, enforcable by the state. This means that civil liability is not a prerequisite and that the court can order an amount of compensation it considers appropriate while taking the financial capacity of the offender into account. Furthermore, the court is obliged to consider making a compensation order and to explain why it was not imposed. A critical factor of failure of the partie civile model is that it includes an easy escape clause: claims can be referred to civil court. A critical factor of failure of the compensation measure is that it is a penal sanction governed by civil law. In practice, it resembles the traditional partie civile model: the two are blended into one. The way victims are treated by criminal justice authorities can be improved by providing victim-awareness training. A critical factor of failure is to only train recruits. Training is only effective if it is extended to incumbent personnel. Giving refresher courses and measuring the effects of training in performance assessments are factors contributing to success. A critical factor of failure in such training for judicial authorities is the argument that it would compromise their independence. Critical factors to improve the questioning of victims are the provision of specific training courses and the creation of special facilities, e.g. interviewing studios for children, suites for victims of sexual offences, audio-video recording of pre-trial examinations and video-linked questioning. Such reform measures benefit the quality of the criminal justice process as a whole and therefore prove to be successful. A common manner of protecting victims is to allow that a trial, or a part thereof, be conducted in camera. A critical factor of failure is the (very) reluctant attitude of the judiciary toward holding a trial behind closed doors. A critical factor of success is the creation of a formal duty for the court to hold all cases involving sexual offences in camera. We can conclude that successful implementation of victim-oriented reforms depends on, inter alia, the clarity and conciseness of reform measures, the absence of easy escape clauses, the attitude of criminal justice authorities, and whether the reforms also benefit the offender and/or the criminal justice system as a whole.
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Soto-Miranda, Diego F. "On the CPR's Tridentian Fig Leaf and the Commercial Court's Judicial Veil Part I." Business Law Review 36, Issue 6 (December 1, 2015): 220–28. http://dx.doi.org/10.54648/bula2015028.
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In this first section of a two-part article the author expresses the opinion that the domestic (English) judicial system fails to acknowledge the Strasbourg court’s accepted opinion that, the right ‘ . . . to a fair [ . . ..] hearing . . .’, as per the right of access to Court, should be differentiated as between: (i) ‘physical’; and, (ii) ‘remedial’; access to the court. The second section will deal with two cases illustrating the points the author makes regarding access to the court. The first arises from a Spanish domicile (instructing on DPA terms), abattoir hygiene consultant’s claims for: (a) breach of his former company’s articles of association; and, (b) fraudulent misrepresentation, by his then English domiciled business partner. The second arises from a Paraguayan domiciled, international businessman’s claims for breach of a: (c) multi-jurisdictional crossborder credit transfer agreement; and, (d) company director’s personal guarantee, secured on two real property mortgages (in Brazil), as well as other UK based assets. A jurisprudence-based analysis of the potential justice deficit resulting from the judiciary’s seemingly automaton perceptions of their common law and statutory obligations under the Civil Procedure Act 1997 and the consequential Civil Procedure Rules. Accordingly, it is suggested that the premature applicability of (1) the CPR 3.4(2) Strikeout and CPR 24(2) Summary Judgment procedures, as well as (in the domestic litigation context), (2) the CPR 11(1) (including CPR PD 6B para. 3.1(6)) Challenge to Jurisdiction procedure, not only (a) fetter and wrongfully infringe the Respondent’s right to fully test the Applicant’s evidence contrary to Articles 6(1), 6(3) and 13 ECHR, as the astute Applicant acts before disclosure, but also (b) flouts the court’s and judiciary’s section 6(3)(a)-(b) Human Rights Act 1998 public authority duties, failing to note that they: ‘ . . . must consider all matters capable of having a bearing on that judgment, must act equitably as between [the parties], and must [find] accordingly.’ Thus, the court and judiciary acting as decision makers must not follow rules blindly: (i) irrespective of the weight of (I suggest misconstrued) precedent; and, (ii) in light of the degree of discretion purportedly given by Parliament.
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Marzec, Łukasz. "KILKA UWAG O SĄDZIE KANCLERSKIM I SYSTEMIE EQUITY W ANGLII." Zeszyty Prawnicze 5, no. 1 (June 10, 2017): 195. http://dx.doi.org/10.21697/zp.2005.5.1.08.
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Remarks on the Court of Chancery and the Equity System in EnglandSummaryThe Court of Chancery was a significant element in the English judicial system which operated outside the sphere of com m on law. Throughout hundreds o f years, the Court of Chancery developed a unique branch of equity law, which co-existed with the com m on law. This was very similar to the Roman ius civile and the praetorian law. Although the Court was abolished in the 19th century, its jurisdiction is still applied by the Chancery Division of the High Court of Justice. The equity law, intended to be a remedy for the strict rules of com m on law, borrowed much from the Roman law. M any chancellors and masters in Chancery, having obtained a D. C. L or LL. D degree were open to adopt Rom an law rules into the C ourt’s practice. In the opinion of some scholars, some of the equity rules were borrowed from the Rom an law, like trust (fideicomissum) or elements of mortgage (equity o f redemption). M any „rules of equity” have also their origin in the Roman jurisprudence.
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Agbor, Avitus A., and Esther E. Njieassam. "Beyond the Contours of Normally Acceptable Political Violence: Is Cameroon a Conflict/Transitional Society in the Offing?" Potchefstroom Electronic Law Journal 22 (May 21, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4961.
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Legal scholars and other social scientists agree that political violence comprising assaults on civil and political liberties may occur in the context of contentious politics. Unfortunately, there have been instances in history where such politics is marked by intermittent attacks against people's rights and freedoms. Such attacks occur when politics has gone sour, and there are times when the violence exceeds the bounds of what is acceptable. From the documented atrocities of Nazi Germany, the horrendous crimes of the regime of Slobodan Milosevic in the former Yugoslavia, the outrageous crimes perpetrated during the genocide in Rwanda, the shameful and despicable inhumanities inflicted on the people of Darfur in the Sudan, and the violence in post-electoral Kenya, to the bloodshed in areas like Mali, the Democratic Republic of the Congo, the Central African Republic, etc, violent conflict has punctuated world history. Added to this list of countries is Cameroon, which in the last quarter of 2016 degenerated into a hotspot of political violence in the English-speaking regions. The perpetration of political violence in Cameroon has raised serious questions that may be relevant not only to the resolution of the political problem that gave rise to the violence but also to laying the foundations of a post-conflict Cameroon that is united and honours the principles of truth, justice and reconciliation.
This paper describes some of the salient occurrences of political violence in Cameroon and argues that the presence of specific elements elevates this violence to the level of a serious crime in international law. It is argued herein that crimes against humanity may have been committed during the state action against the Anglophones in Cameroon. It is also argued that the political character of the violence, added to the scale of the victimisation and its systematic and protracted nature, qualify Cameroon as a transitional society engaged in conflict that is in need of transitional justice.
Reflecting on the extent of the suffering of the victims of such political violence, this paper discusses the function of the justice system in establishing the truth and holding the perpetrators accountable. Past instances of political violence in Cameroon have been glossed over, but in our opinion, healing a fragmented and disunited Cameroon with its history of grave violations of human rights requires that the perpetrators be held accountable, and that truth and justice should prevail. Such considerations should be factored into the legal and political architecture of a post-conflict, transitional Cameroon.
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MacQueen, Hector L. "Pleadable Brieves, Pleading and the Development of Scots Law." Law and History Review 4, no. 2 (1986): 403–22. http://dx.doi.org/10.2307/743833.
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Until recently there was a depressing consensus about Scottish legal history in the medieval and early modern periods. It was accepted that in the twelfth and thirteenth centuries the Scots had gone some way to building a legal system on the model found in contemporary England, involving the holding of courts in the localities by sheriffs and justiciars on ayres, the use of royal writs or brieves to commence litigations, and the determination of cases by juries or assizes. The fullest account of Scottish law, Regiam Majestatem, was based on the twelfth century English text Glanvill. The wars and other skirmishes with England which began in 1296 and continued into the sixteenth century brought an end to the development of the ‘Scoto-Norman’law and legal system however. Cut off from its basic inspiration and lacking either a central court structure or a legal profession, Scots law regressed throughout the later middle ages. Demands for better justice led the king by the end of the fifteenth century to establish a group of royal councillors to hold judicial sessions or sittings at which such complaints might be heard. The councillors—the lords of council and session—might be either ecclesiastics or laymen; the former were more numerous and possessed greater legal skills. The procedure of the emerging court thus followed that of the ecclesiastical courts and the substantive law which developed was also canonical and civilian in character. By the mid-sixteenth century the Session was established as the main civil court in Scotland and Scots law had made a fresh start, severed from its original roots.
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Prado De Toledo, Sergio Armando. "Actions that Combat the Disruption of the Moral and Social Code with the Purpose of Favoritism." Journal of Legal Studies 16, no. 29 (June 1, 2015): 1–4. http://dx.doi.org/10.1515/jles-2015-0001.
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Abstract Currently, corruption has been so generalized and sophisticated that threatens to undermine the own society structure. Corruption is a problem identified in all the countries. What changes is how we deal with it. Nevertheless, why is there so much corruption? Within the group of factors, it is possible to highlight the high bureaucracy that reduces the efficiency of the public administration; the presence of a slow Judiciary Branch which is very low is terms of efficiency, when reprimanding illicit practices that incite everything ending up in pizza (this sentence was literally translated from Portuguese, it does not exist in English, but it means that impunity prevails in Brazil.); the existence of a corporatist sense among the Administration industries in the public sector in relation to the private sector and so facilitating corruption. The penalty for corruption should be constrained to mechanisms that allow the system of criminal justice to carry out actions of arrest, prosecution, penalty and repair to the country. Combating corruption complies with the republican ideal for the reduction of costs in Brazil. Moralizing the public-private relations offers juridical security to the market. The fact that some countries, especially Brazil, are seriously combating against corruption brings hope, with an eye on a more rigid legislation and less bureaucratic as well, with the end of the corporatist sense and the equivalence of salaries between the public and private sector. We shall provide effective criminal, administrative and civil penalties of inhibiting nature for future action; we shall provide cooperation between the law applicator and the private companies; we shall prevent the conflict of interests; we shall forbid the existence of “black fund” at the companies and we shall encouraged the relief or reduction of taxes to expenses considered as bribery or other conducts related
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Bišofa, Linda. "Zu einigen problematischen Fragen der Fachsprachenvermittlung am Beispiel des Deutschunterrichts bei Juristen." Valodu apguve: problēmas un perspektīva : zinātnisko rakstu krājums = Language Acquisition: Problems and Perspective : conference proceedings, no. 16 (May 6, 2020): 160–67. http://dx.doi.org/10.37384/va.2020.16.160.
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This article deals with the subject of language teaching using the example of German lessons for lawyers. As part of the “Justice for Development” project, free language teaching was offered to judges, prosecutors, lawyers, police and other Latvian legal system employees in 2018. The language selection was limited to 3 foreign languages: English, German and French. Because it was teaching of the professional language (language for special purposes), no beginner groups were formed, and no beginner lessons offered. The participants should at least have knowledge of German at level A 2 with the prospect of offering the opportunity to further develop their knowledge at other levels. Before the beginning of the project, the needs assessment was also carried out internally and the teachers were presented the results of this analysis in a summarized form, where they could see the main topics and wishes of the participants. The following thematic groups were predominant: Civil Law, Commercial Law and Criminal Law. Most of the group members were judges. The main aims of the participants: to learn German were to be able to attend German conferences and to communicate privately, and to read legal documents. During the teaching process arose several problems, which were discussed in more detail in the article, which were the lack of appropriate teaching and learning materials, different fields of interest of the participants and also little experience in the legal field of the teacher. Working with original documents is still difficult in A2 level German classes. Existing textbooks specializing in legal language are difficult to access, limited number, published 10–20 years ago, are morally obsolete, and contain institutional and phenomenon designations that no longer exist. Materials published in Germany or on the Internet can present the German legal system, but in Latvia the judicial system differs. These materials can only be used in contrast. It is also advisable to use feature films about German judges and attorneys, where you can also learn the necessary legal vocabulary when relaxing. Co-operation between the lecturer and the group members is also highly recommended, as their rich legal experience enables them to improve the quality of German language lessons. The learning process should also emphasize the importance of autonomous learning and the differentiation/ individualization of teaching and learning.
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Vickers, Matthew. "Civil Justice Reform." Amicus Curiae 4, no. 1 (November 2, 2022): 170–84. http://dx.doi.org/10.14296/ac.v4i1.5494.
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Ombudsman schemes have been viewed with interest for their efficiency, speed, cost and use of technology. As Sir Geoffrey Vos seeks to integrate alternative dispute resolution as part of a civil justice funnel, it is important to recognize that ombudsman schemes fulfil different functions than the courts. This paper suggests that dispute resolution is only one of the functions of a civil justice system. Court efficiency should not be the predominant organizing principle. Recognizing the variety of functions and legitimate interests contained within the civil justice system rather than conceiving a hierarchical structure presided over by courts could offer an outcome-based perspective on reform.
Keywords: ombudsman; dispute resolution; technology; justice systems; prevention.
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Dignan, Jim. "ENGLISH CRIMINAL JUSTICE―A SYSTEM IN CRISIS." Tilburg Law Review 3, no. 1 (January 1, 1994): 67–87. http://dx.doi.org/10.1163/221125993x00042.
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TAKESHITA, Morio. "Judicial System Reform and Civil Justice." Transactions of the Japan Academy 65, no. 1 (2010): 1–29. http://dx.doi.org/10.2183/tja.65.1_1.
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Butakova, Yana Sergeevna. "The peculiarities of English civil procedure." Международное право, no. 1 (January 2021): 54–69. http://dx.doi.org/10.25136/2644-5514.2021.1.34795.
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Each year in Russia, hundreds of thousands of agreements are concluded under the jurisdiction of English law, more precisely the law of England and Wales. Hundreds of transactions are structured in accordance with English law, and thousands of prenuptial agreements are concluded in compliance with English law. What is the reason for such high demand for English law? Is English justice better than Russian – most humane and fair in the world? The aforementioned questions are the subject of this research. The goal is to examine the peculiarities and stages of the English legal procedure, determine its strong sides, as well assess the possibility of their implementation into the Russian procedural realities. The relevance of the selected topic is substantiated by its novelty and insufficient study in the Russian scientific environment (the period from 2008 to the present marks virtually no research dedicated to English legal procedure. Research methodology consists of the theoretical methods, namely the analysis of primary sources of English court rulings, as well as theoretical explorations of a number of English and American authors. The conclusion is made on possibility and desirability of implementation of the experience of English justice into the Russian legal procedure in regard to circumventing the rule of prejudice, abuse of right while filing an appellate complaint, and violations of the arbitration clause by the parties.
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O'Barr, William M., and John M. Conley. "Lay Expectations of the Civil Justice System." Law & Society Review 22, no. 1 (1988): 137. http://dx.doi.org/10.2307/3053564.
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Waye, Vicki. "Mandatory mediation in Australia’s civil justice system." Common Law World Review 45, no. 2-3 (June 2016): 214–35. http://dx.doi.org/10.1177/1473779516645455.
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Aladwan, Zaid. "The implementation of the fraud exception rule: a comparative study." Journal of Financial Crime 27, no. 3 (May 25, 2020): 977–93. http://dx.doi.org/10.1108/jfc-02-2020-0016.
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Purpose The purpose of this paper is to examine the application of the fraud exception rule and try to analyze the different approaches in regard to the implication of fraud rule in letters of credit. Further, this paper tries to explore if there is an obstacle when applying such exception rule in common law and whether there is an overlap with interpreting the said rule. The same fact appears in civil law courts as well. Design/methodology/approach This paper is a comparative study which uses analytical approach and critical legal thinking. Findings The scope of the fraud defence, the US legal systems demonstrate that the scope of the fraud rule is extended and covers both fraud in documents and fraud in the underlying contract, while in contrast, in UK the rule’s scope is restricted to fraud in documents only. Such an approach is reasonable, as it is justified by applying the Uniform Customs and Practice for Documentary Credits (UCP) rules strictly. That is to say, English courts apply the rules literally, even if it does not lead to fair judgements, while in contrast, American courts seek to enforce justice even if it goes beyond the rules. In any case, restricting the fraud exception to fraud in the documents is the proper approach. The reason for such restriction, on the one hand, is to maintain the integrity of letters of credit and, on the other hand, to affirm the autonomy principle. Originality/value Extending the scope of the fraud defence will require banks to go beyond the documents, which is not logical. Banks are neither expert in such transactions nor required to do so. Most importantly, banks are concerned with documents only; it is for the court to go beyond the documents. Although this approach could be criticized, it is important to ensure that the validity of the documentary credit instrument is not compromised. As established by academics, any argument need not engage the bank unless it is in respect of the presented documents. In short, “pay now, argue later” is paramount to distinguish parties’ litigations from banks vs parties’ litigations. In any case, it can be suggested that extending the fraud rule exception to include fraud in the underlying contract from Jordan perspective is not the proper one because it is necessary to maintain the integrity of letters of credit and to affirm the autonomy principle.
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De Girolamo, Debbie, and Dominic Spenser Underhill. "Alternative Dispute Resolution and the Civil Courts." Amicus Curiae 4, no. 1 (November 2, 2022): 129–54. http://dx.doi.org/10.14296/ac.v4i1.5493.
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In 1996, Lord Woolf described a vision for civil English and Welsh justice, culminating in his culture-changing reforms (the Woolf Reforms) and the Civil Procedure Rules of April 1999. These impose a continuing duty on litigants to consider alternative dispute resolution (ADR) in preference to litigation, even after it has commenced, and on the courts, to encourage ADR. These duties are a central method for the delivery of justice. They required a radical new way of thinking about disputes from litigants, their advisors and the courts.
This article focuses on Lord Woolf’s vision and his Reforms, and their impact on the approach to ADR taken by the courts since 1999. It seeks to identify how that approach informs a concept of justice within the practice of modern litigation. The approach, supported by relevant case law, presents a broader and arguably more sophisticated view of justice that involves party autonomy, dialogue, settlement, creativity, flexibility of outcome, compromise, satisfaction and saving costs, as well as the more conventional approach to determining rights at trial after due process.
Keywords: ADR; mediation; justice; civil justice; court reforms; overriding objective; Halsey.
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Suarez, Megan. "Aborginal English in the Legal System." Australian Journal of Indigenous Education 27, no. 1 (July 1999): 35–42. http://dx.doi.org/10.1017/s1326011100001526.
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The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).
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Rook, Peter. "The standing of victims in the english criminal justice system." ERA Forum 3, no. 1 (March 2002): 37–39. http://dx.doi.org/10.1007/bf02817603.
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Wijaya, Made Hendra. "Weaknesses Of Judges Thinking In Civil Law Systems." Sociological Jurisprudence Journal 4, no. 1 (February 25, 2021): 39–44. http://dx.doi.org/10.22225/scj.4.1.1834.39-44.
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Judge’s an instrument of justice that are at the forefront in enforce the justice in society, but sometime the judge’s decision does not represent justice in society, because the judge’s in conducting the trial should follow existing the systems. Just as judge’s as adherent of the civil law system. In this paper describes the civil law system, started from Roman era, German, Francis, as well as elements of a definition of the civil law systems, and then discusses the judges in the civil law system, and discuss any weaknesses civil law2 judges in terms of implementing the trial in finding justice in society.
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Borolla, Areos Brenord. "Legal Position Open and Closed Traditional Court Decisions Relating to Indigenous Land Disputes in Malamoi Sorong Region in Positive Law (Case Study Between the Clan Malibela Klawalu Against the Clan Malibela Klaifi)." International Journal of Social Science Research and Review 5, no. 5 (April 30, 2022): 289–94. http://dx.doi.org/10.47814/ijssrr.v5i5.314.
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The type of research used in this research is normative legal research. Whereas in civil justice system, there are norms and principles that provide space for practice of customary justice which has a combination of characteristics as informal justice, communal justice, alternative dispute resolution, and simplified court regardless of inconsistency and inconsistency of laws and regulations regarding the existence customary justice system in Indonesian judicial system that applies positively. The influence of the position of customary courts in the civil justice system is especially apparent in the functional relationship between customary court decisions and the settlement of civil cases in court. Therefore, to accommodate the existence of customary court decisions, in practice judges will optimize the mechanisms regulated in the civil justice system such as through mediation in court.
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Gonzalez, Mirta. "NESB (Non English Speaking Background) Women and the Criminal Justice System: Justice or Just A Token?" Australian Feminist Law Journal 2, no. 1 (January 1994): 165–73. http://dx.doi.org/10.1080/13200968.1994.11077131.
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Skibińska, Magdalena. "Mediation in Civil Matters and the Justice System - Constitutional Issues." Przegląd Prawa Konstytucyjnego 57, no. 5 (October 31, 2020): 139–51. http://dx.doi.org/10.15804/ppk.2020.05.10.
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