A Comparative Analysis Between Italian Civil Proceedings and American Civil Proceedings Before Federal Courts

69 Pages Posted: 12 Sep 2012

See all articles by Simona Grossi

Simona Grossi

Loyola Law School Los Angeles; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Date Written: 2010

Abstract

Comparative analysis of civil proceedings requires an in-depth study of the structure and most distinguishing elements of each country involved. It has the goal of identifying the rationales and features that make each country unique. It is commonly misconceived that common law systems rely solely on the authority of precedent and civil law systems rely only on the authority of statutes and codes. This article demonstrates that the Italian and the U.S. legal systems are not purely inquisitorial nor purely adversarial, but that they share similarities and can learn from each other.

Suggested Citation

Grossi, Simona, A Comparative Analysis Between Italian Civil Proceedings and American Civil Proceedings Before Federal Courts (2010). Indiana International & Comparative Law Review, Vol. 20, No. 2, p. 213, 2010; Loyola-LA Legal Studies Paper No. 2012-33. Available at SSRN: https://ssrn.com/abstract=2145497

Simona Grossi (Contact Author)

Loyola Law School Los Angeles ( email )

919 Albany Street
Los Angeles, CA 90015-1211
United States
213-736-8140 (Phone)
213-380-3769 (Fax)

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Boalt Hall
Berkeley, CA 94720-7200
United States

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