The Role of the Judge and the Parties in Civil Litigation in China and Europe: An Introduction

AbstractThe present article discusses the powers of the judge in civil litigation in three jurisdictions that have been influenced by the French Code of Civil Procedure (1806). It shows that in the 19th century these jurisdictions adopted French law but at the same time tried to reduce party autonomy by increasing the judge's directive powers. This approach was most successful in Geneva. In The Netherlands, changes in the judge's position were less pronounced, whereas a 19th century Belgian draft code, which contained a number of measures that would have increased the judge's case-management powers, was not adopted in practice.

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The Public Policy-Implementing Role of Nordic Courts in Civil Dispute Resolution

10.1007/978-3-030-74851-7_12 ◽

2021 ◽

pp. 213-233

Author(s):

Clement Salung Petersen

Keyword(s):

Public Policy ◽

Dispute Resolution ◽

Nordic Countries ◽

Civil Litigation ◽

Public Values ◽

The Public ◽

National Courts ◽

Private Actors ◽

Civil Dispute

AbstractThis chapter explores the role of Nordic courts in safeguarding certain public values and interests, whether substantial or procedural, in the three types of civil dispute resolution that can potentially lead to state enforcement, namely civil litigation, arbitration and mediation. First, it shows how Nordic courts in civil litigation may take on an’active role’ vis-à-vis the parties but that the legal contours of this role remain unclear and controversial. Secondly, it shows how current and proposed statutory frameworks governing arbitration and mediation give national courts an important role in safeguarding public values and interests which raises important questions in law concerning the role of courts as gatekeepers of access to court and state enforcement for private actors. The chapter concludes with a discussion of the need for developing a clearer and more coherent approach to defining this public policy-implementing role of courts across all three types of civil dispute resolution. It is argued that such a coherent approach is needed and that it will be valuable to analyse the public policy-implementing role of courts in a Nordic context, since the Nordic countries generally share many of these relevant public values and interests.

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Delaying Factors Regarding Civil Justice in Pakistan (Lower Courts)

Journal of Humanities and Social Sciences Studies ◽

10.32996/jhsss.2020.2.6.2 ◽

2020 ◽

Vol 2 (6) ◽

pp. 15-22

Author(s):

Hafiz Muhammad Ihsan Zafeer ◽

Hong Xue ◽

Samra Maqbool

Keyword(s):

Sample Size ◽

Civil Litigation ◽

Civil Justice ◽

Lower Court ◽

Study Results ◽

Lower Courts ◽

Civil Courts ◽

Insufficient Number ◽

The Way

The study was aimed to signify several reasons that are making causes for delaying in civil Justice. The sample size was consisted of 60 respondents who were professionally Judges and Lawyers and holding duties in civil lower courts of Pakistan. The responses were collected on a questionnaire to compute the Role of diverse elements that causing a delay in Justice in lower court litigation. It has been focused mainly on the District Civil Courts Lahore. The study results established out that negligence of officials, Corruption, a massive backlog of cases, lengthy procedure, non-availability of plaintiffs and defendants, transfer of judges, insufficient number of judges are a few but significant which creating further problems in the way to speedy Justice among masses regarding civil litigation in the lower court of Pakistan. In this manner, the Judiciary's Role is weakened and unproductive, especially in civil lower courts of Pakistan.

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The Role of the Attorney General in Civil Litigation

Israel Law Review ◽

10.1017/s0021223700016393 ◽

1979 ◽

Vol 14 (2) ◽

pp. 237-246

Author(s):

Shalev Ginossar

Keyword(s):

Attorney General ◽

Civil Litigation

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Civil Litigation and the Opioid Epidemic: The Role of Courts in a National Health Crisis

The Journal of Law Medicine & Ethics ◽

10.1177/1073110518782945 ◽

2018 ◽

Vol 46 (2) ◽

pp. 351-366 ◽

Cited By ~ 9

Author(s):

Abbe R. Gluck ◽

Ashley Hall ◽

Gregory Curfman

Keyword(s):

Public Health ◽

National Health ◽

Civil Litigation ◽

Opioid Epidemic ◽

Health Crisis ◽

Special Mechanism

The devastating impact of the national opioid epidemic has given rise to hundreds of lawsuits. This article details the extremely broad range of legal claims, compares the opioid cases to other public health litigation efforts, including tobacco, and describes the special mechanism — a multidistrict litigation — through which more than 700 opioid-related cases have been consolidated thus far, with settlement almost certain to follow.

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