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The Resource Civil procedure, Samuel Issacharoff

Civil procedure, Samuel Issacharoff

Creator
Author
Summary
"This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure."--
Language
eng
Work
Publication
Edition
Fourth edition.
Extent
viii, 248 pages
Contents
  • Due process
  • Pleading
  • Facts
  • Parties
  • Jurisdiction
  • Federalism
  • Repose
  • Management
  • Why litigate?
Isbn
9781683287063
Instance
Label
Civil procedure
Title
Civil procedure
Statement of responsibility
Samuel Issacharoff
Creator
Author
Subject
Genre
Language
eng
Summary
"This book will analyze legal procedure as part of a complicated interaction between private ordering and public intervention. Modern society brings people together in a variety of settings and injects an active state presence into all manner of everyday activities. Inevitably there are disputes. Yet, these disputes settle all around us, based on social norms or simply an understanding of what is right and what is wrong; what is contestable and what is not. This private ordering of responsibility occurs against a backdrop, sometimes but certainly not always invoked, of what might occur were the matter to be taken to the more costly system of public dispute resolution. In this sense, disputants outside the legal system are said to be bargaining in the shadow of the law. For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs. The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: rudimentary fairness and the trade off between equity and efficiency; defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; defining the power of the courts; securing finality; and the costs of procedure."--
Member of
Assigning source
Provided by publisher
Cataloging source
YDX
http://library.link/vocab/creatorName
Issacharoff, Samuel
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Concepts and insights series
http://library.link/vocab/subjectName
  • Civil procedure
  • Civil procedure
  • United States
Label
Civil procedure, Samuel Issacharoff
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Due process -- Pleading -- Facts -- Parties -- Jurisdiction -- Federalism -- Repose -- Management -- Why litigate?
Dimensions
24 cm.
Edition
Fourth edition.
Extent
viii, 248 pages
Isbn
9781683287063
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)981695543
Label
Civil procedure, Samuel Issacharoff
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Due process -- Pleading -- Facts -- Parties -- Jurisdiction -- Federalism -- Repose -- Management -- Why litigate?
Dimensions
24 cm.
Edition
Fourth edition.
Extent
viii, 248 pages
Isbn
9781683287063
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)981695543

Subject

Genre

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      39.954941 -75.193362

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