Retsvæsen: generelt

A compact quick reference version of the Michigan Rules of Evidence for the practitioner or student. Perfect for your desk or briefcase. Includes a table of contents for quick consultation. Updated through January 1, 2024.ContentsPart I - GeneralPart II - Judicial NoticePart III - PresumptionsPart IV - RelevancyPart V - PrivilegesPart VI - WitnessesPart VII - Opinion and Expert TestimonyPart VIII - HearsayPart IX - Authentication and IdentificationPart X - Contents of Writings, Recordings, and PhotographsPart XI - Miscellaneous

Smith v. Jones is a compilation of two dozen stories of everyday people who go to court over civil disputes. Some of the most interesting drama in any town or county are never in the newspaper and never known to most people except those involved. But they are stories that are often riveting, and either evoking pathos or just entertaining. You can't make this stuff up, but it's going on right under your nose.

"A sitting federal judge's recounting of six cases, to make the argument for revisiting overly punitive sentences"--

A prizewinning historian uncovers one of the earliest instances of reparations in America--ironically, though perhaps not surprisingly, paid to slaveholders, not former slaves "A spectacular achievement of historical research. Forret shows for the first time just how far the American government went to secure reparations."--Robert Elder' author of Calhoun: American Heretic In 1831, the American ship Comet, carrying 165 enslaved men, women, and children, crashed onto a coral reef near the shore of the Bahamas, then part of the British Empire. Shortly afterward, the Vice Admiralty Court in Nassau, over the outraged objections of the ship's owners, set the rescued captives free. American slave owners and the companies who insured the liberated human cargo would spend years lobbying for reparations from Great Britain, not for the emancipated slaves, of course, but for the masters deprived of their human property.In a work of profoundly relevant research and storytelling, historian and Frederick Douglass Prize-winner Jeff Forret uncovers how the Comet incident--as well as similar episodes that unfolded over the next decade--resulted in the British Crown making reparations payments to a U.S. government that strenuously represented slaveholder interests. Through a story that has never been fully explored, The Price They Paid shows how, unlike their former owners and insurers, neither the survivors of the Comet and other vessels, nor their descendants, have ever received reparations for the price they paid in their lives, labor, and suffering during slavery.Any accounting of reparations today requires a fuller understanding of how the debts of slavery have been paid, and to whom. The Price They Paid represents a major step forward in that effort.

Mit der Entwicklung der chinesischen Wirtschaft besteht ein immer größerer Bedarf, die chinesische Schiedsgerichtsbarkeit als ein Streitbeilegungsmittel zu internationalisieren. Die Beiträge zeigen die grundlegenden Rechtsfragen in Bezug auf die chinesische Schiedsgerichtsbarkeit, insbesondere die Rolle des staatlichen Gerichts im Schiedsverfahren, die nicht zu übersehen ist. Die Autorin forscht nicht nur die vielfältigen geltenden Rechtsgrundlagen, sondern auch zahlreiche praktischen Entscheidungen der chinesischen Gerichte. Daher dienen die Beiträge nicht nur dem akademischen Zweck, sondern haben auch eine praktische Relevanz.

Das deutsche Urlaubsrecht wird seit den letzten 15 Jahren maßgeblich durch Entscheidungen des EuGH zu Art. 7 der Richtlinie 2003/88/EG und Art. 31 Abs. 2 GRCh beeinflusst und verändert. Zu einer jüngsten Änderung kam es infolge der Entscheidung des EuGH vom 06.11.2018 - C-684/16 (Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV / Tetsuji Shimizu), mit welcher der EuGH dem Arbeitgeber bestimmte Mitwirkungsobliegenheiten an der Urlaubsverwirklichung auferlegt hat. ¿Die Autorin befasst sich mit Inhalt, Umsetzung und Auswirkungen der Max-Planck-Entscheidung auf das nationale Recht. Sie geht u.a. der Frage nach, wie Arbeitgeber den Mitwirkungsobliegenheiten rechtskonform nachkommen können und wie sich nationale Verfalls- und Verjährungsvorschriften unter Berücksichtigung der neuen Rechtsprechungsgrundsätze des EuGH und des BAG nunmehr auf den Fortbestand und die Durchsetzbarkeit von Urlaubsansprüchen auswirken.

This book thoroughly reviews Chinäs participation in the WTO dispute settlement system with a focus on the interaction between Chinäs distinctive institutional characters and international legal regime and an aim of not only revealing the Chinese phenomenon but also identifying the Chinese mode and the rationale that lies behind Chinäs mode change. It further analyzes two fundamental issues China is confronted with. One is the distinctive member status issue of China due to the concurrence of its multiple member status as member state, accessing member state and developing member state. The other is the issue of invoking and applying the special rules of The Protocol on the Accession of China in the WTO dispute settlement. In-depth examination of assorted cases that involve China and representative individual cases thereof, is also provided. Upon the insight into Chinese phenomenon and Chinese issues in the WTO dispute settlement, the book tries to respond to the imminentneed of reforming the WTO dispute settlement regime by providing directions that accord with the regular pattern of evolution of international economic law system and pragmatic suggestions that stem from Chinäs strategic position.This book serves for academics, policymakers, and business practitioners by providing useful insights into the legal, regulatory, and economic issues raised by distinctive character of China in WTO dispute settlement.

Effective Legal Remedy (ELR) is a legal concept of universal value. Its primary purpose is the protection of individual rights and freedoms against violation. It serves to safeguards the effectiveness of the enacted and applied law. The book presents and discusses current standard of Effective Legal Remedy concept in European Law as it is or may be referred to criminal justice system. The research is based on a thorough analysis of jurisprudence of European Court of Human Rights and Court of Justice European Union. Is also supplemented by an analysis of the ELR's implementation of the European Parliament's directives on individual rights in criminal matters. Offers a perspective on the use of the ELR to integrate the criminal justice system in Europe.

"Have a disagreement with a family member? Involved in a squabble at work? Are you in the midst of court litigation? You can find no better advice than Steve Rocco's four "R"s - Restructure the Interpersonal Momentum, Read the Conflict, Redefine the Conflict, and make Reasoned not Regretful Decisions - presented in his book, "Moving from Conflict to Cooperation." Steve's writing style is approachable and full of helpful examples. His strategies can be applied to a wide variety of types of conflicts. His book is built on common sense, wisdom, and broad experience and is written by an author who obviously is gifted with a keen sense of human nature."--Hon. John M. Smoot (Ret.), Boston Area Mediation "In my practice areas, as a Parenting Coordinator, I negotiate co-parenting disputes and try to educate parents on ways to engage in self-determined conflict resolution. In that regard, "Conflict to Cooperation" is a perfect fit as a reference in my own practice and as a resource that I would recommend to my clients as a road map to guide them along their journey."--Anne Cremonini, LICSW

Anyone who has mediated is likely to have experienced the magic of mediation and would very much like to do so again. But if asked where this magic came from, how it happened, what it consisted of, and how they might replicate it, most would be hard pressed to answer. To identify the sources of magic in mediation, we need to learn by metaphor from other disciplines and professions and search for ways of translating successful small-scale techniques into scale-free methodologies that can be applied to mid- and large-scale conflicts. We are actively creating wars, pandemics, and environmental conflicts that cannot be resolved or prevented except globally, collaboratively, and meditatively, using scaled-up, higher order dispute resolution skills. This is the core mission and calling of conflict resolvers around the world. And as these problems and conflicts have no borders, neither should our efforts to resolve them.Magic happens not only because of what we do, but who we are; in spite of everything the parties have said and done to each other, all their anguish and pain and trauma and loss, all their failed efforts and hopelessness. Why? Because we know, in our minds and hearts that magic is possible, and are ready to step into their hatred and fear and darkness and uncertainty, to search for it there. In mediation, we allow ourselves, for a moment, to become the magic they are seeking, merely because they do not yet understand that the magic is already inside and between them.

Federal Rules of Civil Procedure (2024 Edition) with the full Advisory Committee Notes, selected statutes (venue and jurisdiction of federal district courts, along with removal from state courts), and all official forms for civil suits in federal district courts.

Federal Rules of Evidence, 2024Edition, with full Advisory Committee notes, legislative history, Rule 502 explanatory note, internal cross-references, quick-reference outline, and enabling act. As amended through January 1, 2024. This casebook supplement edition is perfect for the law student or practitioner.

A handy pocket version of the Federal Rules of Appellate Procedure (5.5" x 8.5"), as amended through January 1, 2024. A Perfect quick reference for your desk or briefcase, for both attorneys and law school students. Supplement for all casebooks.Contents:Title I. Applicability of RulesTitle II. Appeal from a Judgment or Order of a District CourtTitle III. Appeals from the United States Tax CourtTitle IV. Review or Enforcement of an Order of an Administrative Agency, Board, Commission, or OfficerTitle VI. Habeas Corpus; Proceedings In Forma PauperisTitle VII. General ProvisionsAppendix: Length Limits Stated in the Federal Rules of Appellate ProcedureAppendix of Forms

This book is a comprehensive but practical guide for all of those working in inquest law - from those instructed in their first case right through to those who have been practising for years, or coroners conducting their own inquests. It is neither a purely pragmatic guide, nor is it an academic dive into inquest law. It is both.Accordingly it is designed to answer the most likely questions any practitioner or coroner will have, from the procedural (such as 'what is a pre-inquest review?' and 'what does an inquest hearing look like?') through to the legal (such as 'what is the basis for an Article 2 inquest?' and 'on what grounds might a witness be granted special measures?'). These are all questions which the author has asked or been asked multiple times over her years of practice. In providing the answers this book draws upon statute, guidance and the most relevant and recent legal precedent.A Practical Guide to the Law in Relation to Inquests follows the natural structure of an inquest case so that it is as intuitive to use as possible. Part 1 sets out the background to an inquest, Part 2 covers matters you will be considering at the pre-inquest stage, Part 3 takes you through the inquest hearing itself and Part 4 addresses matters once the hearing has concluded.Specific topics include:What is an inquest? Its purpose, sources of law and background;Starting an investigation and opening an inquest;Pre-inquest reviews: content and procedure;Scope of an inquest;The duty and power to hold an inquest with a jury;Evidence at an inquest;The inquest hearing: selection of a jury, questioning of live witnesses and closing submissions;Conclusions at an Inquest;Prevention of Future Death Reports;Challenging Decisions of the Coroner.A Practical Guide to the Law in Relation to Inquests will therefore be a welcome addition to any bookshelf or work bag for many years to come.ABOUT THE AUTHORRamya Nagesh is a barrister at 4-5 Gray's Inn Square. She has spent over fifteen years in the law, with well over eleven of those at the Bar. After almost a decade building a successful criminal practice, she chose to focus primarily on another area in which she was being instructed more and more: inquests.Ramya has acted in the widest range of inquests: from those lasting less than a day where she is the only advocate, up to those of the greatest public interest. Some of the most recent inquests in which she has acted include an inquest into the death of a man beheaded by a person suffering from severe mental difficulties, an inquest into the sudden death of a man whilst he was being arrested and the Inquest into the Terror Attacks at the Fishmonger's Hall in November 2019.

This book provides a fresh perspective on resolving sovereign debt disputes within the investor-state mediation framework. In response to the limitations of traditional approaches to adjudicating public debt issues and the resulting gaps in international law concerning sovereign defaults, creditors have increasingly turned to investor-state treaty arbitrations to recover unpaid debts. However, this shift has raised numerous criticisms and concerns.Accordingly, this book explores the uncharted territory of utilizing mediation as a means to settle sovereign debt claims. It sheds light on the distinctive characteristics of mediation as a process, setting it apart from judicial litigation and private arbitration, and emphasizing the unique outcomes it can generate. The central argument of this book is that mediation should be seriously considered as a viable option for resolving sovereign debt disputes. Not only does it offer a more cost-effective and expeditious approach, but it also has the potential to facilitate economic recovery and sustain continued investment.

This book critically analyses the availability of environmental counterclaims in investment arbitration presented by the respondent host state against the claimant investor. It starts from the premise that the conflicting relation between investment law and environmental protection cannot always be avoided. Yet, the instrument of environmental counterclaims in investment arbitration might alleviate such relation. Throughout its chapters, this book addresses the questions about the societal and practical relevance of seeking redress for environmental damage in investment arbitration, the functioning of such instrument both in contract-based and treaty-based investment arbitration, the suitability of arbitral tribunals to rule upon environmental issues, and the kind of environmental damages that could be redressed. Most importantly, by deconstructing the requirements of jurisdiction, connection between main claim and counterclaim, and cause of action, this book provides the tools for there-conceptualisation of the instrument of counterclaims with the hope of harnessing its utility to achieve appropriate redress for environmental damages caused by foreign investors.

Combining the author's many years of legal practice experience, this book examines the current hot and difficult issues arising in the legal practice of foreign-related commercial disputes in China. The book focuses on the application of the United Nations Convention on Contracts for the International Sale of Goods (¿CISG¿) in Chinese courts, judicial review of foreign-related arbitral awards, judicial cooperation in cross-border insolvency, and legal relationships in legal disputes over electronic commerce. The book pays close attention to the latest legislative achievements of the international community and their impact on Chinese judicial practice, thus helping to strengthen exchanges and cooperation among countries along the ¿Belt and Road¿ and providing more effective rule of law protection for Chinese enterprises ¿going global¿.

A concise and comprehensive edition of the Federal Rules of Bankruptcy Procedure for quick reference, updated through January 1, 2024. Also includes a statutory supplement of relevant sections of Title 28 of the United States Code. Perfect for your briefcase or desk and a great format for the attorney or law school student who simply needs to refer to the rules.

A concise and comprehensive edition of the Federal Rules of Criminal Procedure for quick reference. Updated through January 1, 2024. Perfect for your briefcase or desk and a great format for the attorney or law school student who simply needs to refer to the rules. A perfect supplement for any casebook.Contents:Title I - ApplicabilityTitle II - Preliminary ProceedingsTitle III - The Grand Jury, the Indictment, and the InformationTitle IV - The Arraignment and Preparation for TrialTitle V - VenueTitle VI - TrialTitle VII - Post-Conviction ProceduresTitle VIII - Supplementary and Special ProceedingsTitle IX - General Provisions

This book is a practical guide to conducting a proof in the sheriff court, based on the author's thirty years of experience of presenting evidence at proofs and hearings in the sheriff court, the Court of Session and before tribunals. The guide highlights the importance of risk management in an area of law that is fraught with hazards concerning costs, timescales and adverse outcomes. It also identifies many useful steps that ought to be taken with a view to minimising such hazards and making the process of conducting a proof as smooth and as painless as possible. Although the book is aimed primarily at practitioners it describes the practical application of the law of evidence, an area which will interest academics and students. The guide deals with managing clients, advice on preparation and how best to cover your back in this perilous area of practice. Although reference is made to court rules and textbooks the book is first and foremost a practice guide.ABOUT THE AUTHORAndrew Stevenson S.S.C. is a practising solicitor advocate at Waddell and Mackintosh, Troon. He has undertaken many hundreds of proofs across Scotland since 1992 in virtually all areas of litigation and has long experience of acting as a commissioner to recover evidence in sheriff court actions both civil and criminal. Andrew is a former President of the Glasgow Bar Association and he is currently Secretary of the Scottish Law Agents' Society. He is also a committee member of the Society of Solicitor Advocates. Andrew has written extensively on civil procedure and gives seminars on proofs and litigation. He is a contributor to Greens Litigation Styles. He is a regular columnist for The Scotsman and is a vice convenor of the Discipline Tribunal of the Church of Scotland. He is the author of Style Writs for the Sheriff Court, Bloomsbury 2023.CONTENTS1. Introduction2. Risk Management3. The Capacities in Which You Are Acting4. Officer of the Court5. Acting as Direct Agent for a Litigant6. Acting as an Agent for Another Solicitor7. Acting as an Employee8. Recipient of Third Party Funding9. Risk Management: How to Avoid Having to Conduct a Proof10. Points to Attend to When the Proof Is Being Assigned11. Modes of Proof12. Managing the Evidence That You Need to Succeed at a Proof13. Intimating and Lodging Lists of Documents, Witnesses, Affidavits and Productions14. Practical Steps to Make Life as Easy as Possible on the Day15. Using Evidence at the Proof; Witnesses16. Adducing Objective and Not Subjective Evidence17. Calling Witnesses18. Credibility Versus Reliability19. Objecting to the Opponent's Questions20. Cross Examination21. Judicial Knowledge22. Ordinary Cause Rules on Running a Proof23. The Law of Evidence24. Running a Hopeless Proof25. If the Proof Is Lost26. ConclusionBibliography

Conhecer as diferentes possibilidades de resolução de conflitos com eficácia, é determinante para todos que pretendem trabalhar com essa desafiadora atividade, desafio muitas vezes multiplicado pelo número excessivo de demandas que, diariamente, têm início nas diversas partes do mundo.É preciso dominar o arcabouço teórico e, por vezes complexo, que instrumentaliza institutos que, não raras vezes e de forma incorreta, são tomados por sinônimos.Conhecer os pilares fundamentais sobre os quais apoiam-se os institutos da mediação, da conciliação e da negociação, é determinante para que se compreenda, diante da hipótese proposta, qual é o melhor caminho para a rápida e satisfatória solução de conflitos, consideradas, em todas as ocasiões, as peculiaridades que marcam as partes envolvidas na celeuma e a natureza do assunto debatido.Convidamos os leitores a desvendar nas páginas deste livro os conceitos, premissas e características, de ordem conceitual e prática, que evidenciam a importância desses institutos e justificam o fascínio crescente de tantos estudiosos em torno do tema.

Das private Kartellschadensersatzrecht rückte zuletzt in den Fokus der gerichtlichen Praxis und wissenschaftlichen Auseinandersetzung. Die Arbeit befasst sich mit einem der Dreh- und Angelpunkte von Kartellschadensersatzverfahren, der Bindungswirkung vorausgegangener Kartellbeschlüsse der Europäischen Kommission. In Auseinandersetzung mit Literatur und Judikative entwickelt die Autorin unter Berücksichtigung unionsverfassungsrechtlicher Anforderungen eigene Lösungsvorschläge hinsichtlich Inhalt, Umfang und Grenzen der Bindungswirkung und bestimmt diese anhand der klassischen Auslegungsmethoden. Ein Schwerpunkt liegt darin, die in der Praxis bedeutsame und umstrittene zivilrechtliche Haftung für Kartellrechtsverstöße innerhalb eines Konzernverbundes einer dogmatisch kohärenten Lösung zuzuführen.