Civil Litigation in Comparative Context
CIVIL LITIGATION IN COMPARATIVE CONTEXT, Oscar G. Chase and Helen Hershkoff, eds., ThomsonWest, 2007
Posted: 7 Dec 2007
Law professors from four different nations, England, Italy, Japan, and the United States, collaborated on this book, which explains, explores, and evaluates major civil litigation systems in the contemporary world. Surprisingly, the differences among the civil procedure regimes around the world are often greater than those of substantive law. We do not elucidate those differences in this abstract, except to note that even the somewhat hackneyed distinction between the adversarial system of the common law countries and the inquisitorial system of the Continent obscures differences both between and within those systems.
The book begins with an essay describing the principal differences among the major civil litigation systems. The balance of the work consists of edited readings that that include law review articles, judicial opinions, and statutory and code provisions. Editorial comments by the authors give the reader a context. The topics treated include:
- Organization of courts and the judiciary - The structure of the legal profession - Initiating a law suit, defining the issues, and gathering the evidence - Resolving the case in the first instance court: the trial and analogous processes - Short-cuts to judgment and provisional remedies - Appeals - Aggregation of parties, claims, and actions - Finality and preclusion - Enforcement of judgments - Transnational litigation - Harmonization of civil procedure: prospects and perils
The book is intended to be a resource for scholars working in the area of comparative procedure, as well as an introduction for students and faculty.
Keywords: courts, civil procedure, comparative law, dispute resolution, legal systems
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