On Civil Court System and Civil Procedure (Chosho-jimu) of Matsue-han from 1868 to 1871

2012 ◽  
Vol 61 (0) ◽  
pp. 1-50,en3
Author(s):  
Seiichi HASHIMOTO
Keyword(s):  
Civil Procedure ◽  
Court System ◽  
Civil Court

Costs

2021 ◽  
pp. 270-283
Author(s):  
European Law
Keyword(s):  
Legal Profession ◽  
Civil Procedure ◽  
General Level ◽  
Court System ◽  
Legal Representation ◽  
Civil Court ◽  
Technical Sense ◽  
The Subject ◽  
The Impact

This chapter addresses the subject of litigation costs, looking at Part XII of the European Rules of Civil Procedure. The seven rules under Part XII are set at general level, due to the impact of national law and the structure of the legal profession in European jurisdictions upon this area of civil procedure in a technical sense. While some jurisdictions have created a system where the court fees almost fully cover the state's expenses for the civil court system, other jurisdictions have opted for a system that is basically free of charge for the parties. A further important difference across European jurisdictions that has a significant impact on litigation costs is the different approaches to fees payable in respect of legal representation in proceedings. Finally, the rules on court organisation are also relevant to litigation costs.

scholarly journals ZASADA PRAWDY FORMALNEJ W POLSKIM CYWILNYM PRAWIE PROCESOWYM A ROZUMOWANIA NIEMONOTONICZNE

2016 ◽  
Vol 16 (2) ◽  
pp. 37
Author(s):  
Marcin Trepczyński
Keyword(s):  
Civil Law ◽  
Legal Reasoning ◽  
Civil Procedure ◽  
Civil Court ◽  
Procedural Law ◽  
Procedural Code

The Principle of Formal Truth in the Polish Civil Procedural Law and Non-monotonic ReasoningSummary This paper analyses the implementation of the formal truth principle in the Polish civil procedural code in the light of non-monotonic reasoning. The author starts by presenting the concept and applications of non-monotonic reasoning, and the formal truth principle and its place in Polish civil procedure. Next he examines the conditions in which non-monotonicity is admissible in civil court reasoning. While legal reasoning may generally be regarded as non-monotonic due to the assumptions it employs and treats as defensible, the author’s observations on the basis of selected civil law cases lead him to the conclusion that the use of the formal truth principle as a viable instrument in law simply forces courts to make non-monotonic inferences. In other words, adopting this principle means accepting non-monotonic reasoning, or even more: if the court keeps to the formal truth principle it is using one of the types of non-monotonic logic.

INSTITUTE OF ARBITRATION IN CIVIL PROCEDURE LAW

2021 ◽  
Author(s):  
Тимур Султанович Габазов ◽  
Аминат Умаровна Бунтышева
Keyword(s):  
Legal Framework ◽  
Civil Procedure ◽  
Court System ◽  
Historical Aspects ◽  
Legal Space

Статья посвящена институту третейского разбирательства. Рассматривается актуальность третейских судов в современном правовом пространстве. Раскрыты исторические аспекты развития третейских судов. Определены понятия «третейский суд» и «третейское разбирательство». Рассмотрена нормативно-правовая база функционирования третейских судов, способы образования третейского суда. Раскрыты особенности третейского судопроизводства, а также изучены преимущества и проблемы третейского судоустройства. The article is devoted to the institution of arbitration. The article considers the relevance of arbitration courts in the modern legal space. The historical aspects of the development of arbitration courts are revealed. The concepts of "arbitration court" and "arbitration proceedings" have been defined. The regulatory and legal framework for the functioning of arbitration courts, methods of formation of an arbitration court are considered. The features of arbitration proceedings are disclosed, as well as the advantages and problems of the arbitration court system are studied.

“They Threatened to Call Immigration”: Challenges Faced by Civil Protection Order Applicants and Respondents

2020 ◽  
pp. 215336872092301
Author(s):  
Alexa Bejinariu ◽  
Emily I. Troshynski
Keyword(s):  
Future Research ◽  
Policy Recommendations ◽  
Court System ◽  
Child Abduction ◽  
Protection Orders ◽  
Civil Court ◽  
Parental Kidnapping ◽  
Future Research Directions ◽  
Legal Immigration ◽  
Protection Order

The current study seeks to better understand the challenges faced by immigrant applicants and respondents as they enter the civil court system for the purpose of obtaining protection orders. Structured observations of protection order hearings in a civil court are analyzed and include cases in which immigration-related issues were discussed. Through qualitative data analysis, three themes emerged. These include (1) threats of parental kidnapping and child abduction across country borders; (2) concerns over legal immigration documents; and (3) worries and/or threats of deportation. Findings suggest that battered immigrant victims have an acute vulnerability to experiencing multiple types of abuse. Implications for future research directions, policy recommendations, and strategies for improving the experiences of battered immigrants within the civil court system are also discussed.

Part 1 Comparative Overview of Concepts of Attorney–Client Privilege, 3 England and Wales

2017 ◽  
Author(s):  
Möckesch Annabelle
Keyword(s):  
Civil Procedure ◽  
Civil Litigation ◽  
England And Wales ◽  
Legal Advice ◽  
Civil Court ◽  
Legal Professional ◽  
English Law ◽  
Court Proceedings ◽  
Trial Phase

This chapter follows the structure of the previous chapter. It gives a brief introduction to the Woolf Reform and the Civil Procedure Rules, which regulate the conduct of civil court proceedings and are based to a large extent on Lord Woolf’s recommendations. The chapter then briefly sets out the course of a lawsuit and presents the taking of evidence in civil litigation in the pre-action, the pre-trial, and the trial phase. Lastly and most importantly, the chapter explores legal professional privilege, which has two sub-heads under English law: legal advice privilege and litigation privilege.

scholarly journals PERÍCIA CONTÁBIL – O CASO DA COMPRA FINANCIADA DE APARTAMENTO EM CONSTRUÇÃO NA CIDADE DE SÃO PAULO

2016 ◽  
Vol 23 (2) ◽  
pp. 253
Author(s):  
Ivam Ricardo Peleias ◽  
Martinho Maurício Gomes de Ornelas ◽  
Erasmo Aparecido Picollo ◽  
Kadidja Karolina Damasceno Soares
Keyword(s):  
Key Words ◽  
Civil Procedure ◽  
Sao Paulo ◽  
São Paulo ◽  
Expert Report ◽  
Civil Court ◽  
Court Judge ◽  
Accounting Report ◽  
Accounting Expertise

RESUMO O caso ilustra a ocorrência de perícia contábil realizada em um processo cível, entre novembro de 2009 e março de 2010, para apurar ilegalidade e abusividade na cobrança retroativa de juros, em uma operação de compra e venda de imóvel na planta. Foi elaborado para uso em cursos de Graduação e Pós-Graduação em Ciências Contábeis, para ilustrar a produção da prova pericial, materializada no laudo pericial contábil. Descreve as etapas da fase de instrução do processo cível. Abrange o requerimento, o deferimento, a realização da perícia, as manifestações das partes do processo sobre o laudo e o término da instrução, com a prolação da sentença pelo Juiz da causa. Permite que os alunos identifiquem a inserção e o uso da Perícia Contábil no processo cível. Evidencia o processo decisório do Juiz, materializado na análise das partes componentes da sentença (relatório, fundamentação e dispositivo), ilustrando o uso do laudo na decisão do Juiz. Foi desenvolvido com base em um processo real, autorizado pelo Juiz de uma Vara Cível do Fórum Central de São Paulo. Palavras-chave: Contabilidade. Perícia Contábil. Laudo Pericial Contábil. ABSTRACT This case illustrates the use of Court Appointed Accounting Expertise in a civil procedure, sentenced in the second semester of 2010. The case was written for use in Graduation and Postgraduation Accountancy courses, in order to illustrate the development of Court Appointed Accounting Expertise and production of proof, embodied in the court appointed accounting report. The case also describes the steps of the civil procedure instruction, indicating the requirement, the deferment, the realization of court appointed accounting expertise, the expressions of the interested parties in the process concerning the court appointed accounting report, and the ending of the instruction step, with the delivery of the sentence by the Judge. This case also allows students to identify the insertion of the use of court appointed accounting expertise in civil procedure. Furthermore, it demonstrates the decisionmaking procedure of the judge, embodied in the parties of the sentence (report, justification and arrangements), illustrating the use of the court appointed accounting report. To sum up, this case was developed based on a real procedure, authorized by a civil court judge at the Central Court of São Paulo] in the first half of 2010. Key-Words: Accounting. Court-appointed Accounting Expertise. Court-appointed Expert Report.

15. The civil process

2020 ◽  
pp. 554-604
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley ◽  
Birju Kotecha
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included and the Woolf and Jackson Reports are discussed. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

scholarly journals Evaluating e-Court Services Using the Usability Tests Model Case Study: Civil Court Case Management

2016 ◽  
Vol 1 (1) ◽  
pp. 76-83
Author(s):  
Soran Saeed
Keyword(s):  
Evaluation Study ◽  
Similar Process ◽  
Court Case ◽  
Test Model ◽  
Court System ◽  
Model Case ◽  
Specific Test ◽  
Civil Court ◽  
Usability Test ◽  
Usability Tests

Electronic Court (e-Court) is an Initiative to deliver services to citizens and court agencies (mainly lawyers). It enables citizen to view information and court agencies to access court services through online services. Its implementation has improved the efficiency of governance and court services in Sulaimani. However, it is the first evaluation study on the e-Court to reveal the facilities of the e-Court system using the Usability Test Model.This paper aims to evaluate the e-Court services in Sulaimani by using Usability test and analysis.  The Usability test model consists of four main parts which include effectiveness, efficiency, learnability and satisfaction. Effectiveness test; means whether a particular task can be done by users. Simply, test for efficiency; means doing the task fast without getting frustrated. Learnability test; focuses on the number of clicks to accomplish tasks and errors that participants make during the test, this can be used to measure learnability. Simply, all participants vote by rate to determine the level of satisfaction. Generally, satisfaction can be defined as to what extent it is enjoyable or pleasant.A specific test is conducted to get data then the data is analysed based on usability tests model. In the test; five different tasks are given to five users. All the tests are recorded. The test only applied to the civil court as a pilot due to all the courts work in the similar process.

15. The civil process

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
General Introduction ◽  
Basic Principles ◽  
High Court ◽  
Civil Process ◽  
Civil Court ◽  
History Of ◽  
Civil Courts

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or in the High Court. It provides an overview of the major case management powers possessed by the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discusses and the methods of enforcement of civil judgments are set out.

Sign in / Sign up

Export Citation Format

Share Document