Civil Procedure: Representing Clients in Civil Litigation, R. Dessem
Автор: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff Название: Civil Procedure: Cases and Materials - CasebookPlus ISBN: 1640204865 ISBN-13(EAN): 9781640204867 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 285510.00 T Наличие на складе: Нет в наличии. Описание: Provides a framework for studying the essential and cutting-edge issues of civil procedure in an accessible but rigorous way. The materials are designed to reinforce doctrinal understanding, to foster case reading skills, to encourage critical thinking about the context of procedural decisions, and to help develop a sense of litigation strategy.
Автор: William Janssen, Steven Baicker-McKee Название: Mastering Multiple Choice for Federal Civil Procedure MBE Bar Prep and 1L Exam Prep ISBN: 164242420X ISBN-13(EAN): 9781642424201 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 49890.00 T Наличие на складе: Невозможна поставка. Описание: Need a little practice with multiple choice questions in federal civil procedure? Your solution has arrived.You MUST buy this book if:A. You are studying for your Bar Exam’s MBE multiple choice test, and are more than just a little freaked out by how broadly Civil Procedure can be testedB. You are in law school, enrolled in a Civil Procedure course, and you are exasperated trying to master the countless nuances of Civil ProcedureC. You want a resource that helps coach you in improving multiple choice exam performance, with strategies, realistic questions, answers, and detailed explanationsD. All of the above.This third edition (expanded by 28% with new questions, new answers, and new explanations) encompasses material reflecting the Civil Procedure Rule amendments of December 2015, December 2016, and December 2018, along with applicable new case law. This multiple choice practice book is designed for: (a) bar exam takers, who are preparing to take the MBE multiple choice bar exam (Civil Procedure was added in 2015 as a multiple choice testing topic), and (b) 1L law students, who are preparing to take their course examinations. This practice book offers practical, easy-to-follow advice on multiple choice exam-taking strategies, clear suggestions on effective multiple choice practicing techniques, and a robust set of Civil Procedure multiple choice practice questions with answers and explanations (designed to simulate MBE-style questions). Tables help users decode the tested-topic for each practice question. This title includes lifetime, downloadable access to an eBook.
Автор: Anna Olijnyk Название: Justice and Efficiency in Mega-Litigation ISBN: 1509910891 ISBN-13(EAN): 9781509910892 Издательство: Bloomsbury Academic Рейтинг: Цена: 89760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency - for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.
Автор: Simon Bushell, Gary Milner-Moore Название: Disclosure of Information: Norwich Pharmacal and Related Principles ISBN: 1526506769 ISBN-13(EAN): 9781526506764 Издательство: Bloomsbury Academic Рейтинг: Цена: 195360.00 T Наличие на складе: Невозможна поставка. Описание: Disclosure of Information: Norwich Pharmacal and Related Principles offers clear and concise procedural guidance and comprehensive legal analysis of the key ingredients of the jurisdiction dealing with: · Wrongdoing · Involvement · Necessity · Discretion and scope of relief It is the only book available that deals solely with this important and distinctive power of disclosure developed (and continuing to develop) in the English Courts. This new Second Edition updates the English law position. In particular, it includes an up to date analysis of the applications of Norwich Pharmacal principles in the context of evidence for use in foreign proceedings. It also looks at developments in the extent to which relief can be obtained abroad. The Second Edition also now contains a Foreword written by The Rt. Hon. Professor Sir Robin Jacob, who was Junior Counsel in Norwich Pharmacal itself This invaluable resource: · considers Norwich Pharmacal orders in depth as well as examining the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the use of subject access request · addresses developments in the field of third party disclosure in proceedings issued against persons unknown · includes practical examples illustrating how the jurisdiction is relevant in different scenarios that can be faced · explores specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators · includes a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction - of particular interest to litigators dealing with cross-border fraud issues The book combines detailed legal commentary with sound practical guidance and is essential reading for litigation practitioners and practitioners involved in commercial disputes.
Автор: Christopher Hodges Название: Delivering Dispute Resolution: A Holistic Review of Models in England and Wales ISBN: 150991689X ISBN-13(EAN): 9781509916894 Издательство: Bloomsbury Academic Рейтинг: Цена: 105600.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms.
Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors.
Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change.
This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.
Автор: Thomas Rowe Jr, Suzanna Sherry, Jay Tidmarsh Название: 2018 Supplement to Civil Procedure, Rules, Statutes, and Recent Developments ISBN: 1640209832 ISBN-13(EAN): 9781640209831 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 39730.00 T Наличие на складе: Невозможна поставка. Описание: The 2018 Statutory and Case Supplement brings the casebook up-to-date, noting new developments in a short introductory section. Because the supplement also includes edited versions of the most important new cases, as well as the Federal Rules of Civil Procedure, the Constitution, and relevant statutes, it can be used with any civil procedure casebook.
Автор: Dominic De Saulles Название: Reforming Civil Procedure: The Hardest Path ISBN: 1509925902 ISBN-13(EAN): 9781509925902 Издательство: Bloomsbury Academic Рейтинг: Цена: 79200.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Drawing on political, social and economic theory, Reforming Civil Procedure focuses on the English civil justice system by looking at its history and its processes. The book considers the objectives of civil procedure and how it operates for and against particular societal groups, and what ideas and behaviours impact upon it. The reform of civil procedure has been beset with difficulties. Some are caused by questions of culture and mind-sets resistant to the changes, some by a confusion and conflict of values, some by overambitious reform efforts, some by a failure to follow through on purpose clauses, and some by swinging from laxity to rigidity with insufficient analysis. This book makes a strong contribution to the field by synthesising the work of English writers with different views, extending the work in England on the role of philosophy, values, process and culture in litigation, and engaging extensively with American writers who have not previously been the subject of much attention in English civil procedural studies.
Claims of fraud and breach of warranty are common following the purchase of a business. They often mix tort and breach of contract and may involve specialist aspects such as notification provisions and escrow mechanisms.
This new title provides a practitioner's guide to claims of fraud and breach of warranty from a leading commercial QC with great experience in this field.
Key questions to be considered include:
1. When can a warranty also be a representation? Cases include Idemitsu Kosan v Sumitomo 2016] 2 CLC 297 2. When is a warranty claim properly notified and served? Cases to be considered include Nobahar-Cookson v Hut Group 2016] EWCA Civ 128 and Teoco v Aircom Jersey 4 Ltd 2018] EWCA Civ 23 3. When is has fair disclosure been given? Cases include New Hearts v Cosmopolitan Investments 1997] 2 BCLC 249, Infiniteland v Artisan Contracting 2006] 1 BCLC 632 4. What are the requirements for proving fraud in the context of sale of a business? Cases include Belfairs v Sutherland 2010] EWHC 2276 (Ch) 5. When is an accounting fraud attributed to the seller? Cases include Man v Freightliner 2005] EWHC 2347 (Comm) and Hut Group v Nobahar-Cookson 2014] EWHC 3842 (QB) 6. What are the remedies for fraud and breach of warranty and how are damages calculated? Cases include Lion Nathan v CC Bottlers 1996] 1 WLR 1438, Senate Electrical v Alcatel Submarine 1999] 2 Lloyd's Rep 423 7. When can the seller claim for loss of earnout under purchaser's warranties? Cases include Porton v 3M 2011] EWHC 2895 (Comm) and Kitcatt v MMS 2017] 2 BCLC 352
Автор: Jasminka Kalajdzic Название: Class Actions in Canada: The Promise and Reality of Access to Justice ISBN: 0774837896 ISBN-13(EAN): 9780774837897 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 30050.00 T Наличие на складе: Невозможна поставка. Описание: Whatever deficits remain in the Canadian project to make justice available to all, class actions have been heralded as a success. They have been employed over the past several decades to overcome barriers to justice for those who would otherwise have no recourse to the courts. First proposing a conceptualization of access to justice that moves beyond mere access to a court procedure, leading expert Jasminka Kalajdzic then methodically assesses survey data and case studies to determine how class action practice fulfills or falls short of its objectives. Class Actions in Canada is a timely exploration of the evolution of collective litigation in Canada.
Автор: Richard Jacobs QC, Lorelie S Masters, Paul Stanley QC Название: Liability Insurance in International Arbitration: The Bermuda Form ISBN: 150991725X ISBN-13(EAN): 9781509917259 Издательство: Bloomsbury Academic Рейтинг: Цена: 179520.00 T Наличие на складе: Невозможна поставка. Описание: This is the third revised edition of what has become and was described by the English Court of Appeal in C v D as the “standard work” on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, there is no body of precedent to which professionals can turn in order to understand its lengthy and complex provisions. This book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations. It was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. This book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom.
Автор: R. Dessem Название: Civil Procedure: Representing Clients in Civil Litigation - CasebookPlus ISBN: 1634608771 ISBN-13(EAN): 9781634608770 Издательство: Mare Nostrum (Eurospan) Цена: 272580.00 T Наличие на складе: Невозможна поставка. Описание: This new text provides the professor with great flexibility in teaching year-long civil procedure courses or more condensed one-semester offerings. The text puts students in the position of lawyers and asks them to consider the strategic, tactical, and ethical choices they will confront in practice. Features distinguishing this text include:The text has been written to incorporate the December 1, 2015, amendments to the Federal Rules of Civil Procedure and the most recent statutes and cases, rather than simply adding new developments onto an older text. The cases selected, many at the district court level, are contemporary in both the law applied and case subject matter including actions involving same-sex marriage, mortgage-default litigation, electronic discovery, and the recusal of the federal district judge handling the challenge to New York City's ""stop and frisk"" litigation.The initial case in the text, Leonard v. PepsiCo, is one that students are likely to encounter in their contracts course but that presents rich procedural questions as well.Ethical issues are stressed throughout the text, including the ethical choices open to the lawyers in the cases presented and citations to the Model Rules of Professional Conduct and applicable state ethical rules.The chapters conclude with both essay and multiple-choice questions that can be assigned by the professor for exam practice or class discussion or can be used by individual students to review each chapter's material. More than 40 figures are included in the text, to present procedural law in tabular and visual form.In these many ways, Civil Procedure: Representing Clients in Civil Litigation presents a unique way in which to engage your students in actively learning civil procedure and understanding the civil litigation process.With CasebookPlus you'll receive a print book, lifetime digital access to a downloadable eBook, 12-month online access to self-assessment quizzes tied to the casebook, leading study aids, Gilbert® Law Dictionary and an outline starter.eBook and Learning Library - Lifetime digital access to a downloadable eBook, 12-month online access to self-assessment quizzes tied to the casebook, leading study aids, Gilbert® Law Dictionary and an outline starter. Learning Library - 12-month online access to self-assessment quizzes tied to the casebook, leading study aids, Gilbert® Law Dictionary and an outline starter.
Автор: Jay Tidmarsh, Roger Transgrud Название: Complex Litigation: Problems in Advanced Civil Procedure ISBN: 1599410656 ISBN-13(EAN): 9781599410654 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 51750.00 T Наличие на складе: Невозможна поставка. Описание: Thoroughly rewritten to account for important developments, this second edition explains the concepts of complex litigation and provides insights into the procedural techniques used to resolve intractable problems of large-scale litigation. Topics covered include aggregation (class actions, multidistrict litigation, and other devices), pretrial and trial, and remedial issues.
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