Download On Civil Procedure by J. A. Jolowicz PDF

By J. A. Jolowicz

This comparative research of civil process concentrates at the reasons served by way of the establishment of laws instead of the intentions of these who litigate. Stressing that these reasons cross a ways past mere nonviolent dispute answer, Jolowicz conducts a comparative exam of procedural legislation in an try and clarify the tips that underlie its constituent components. He additionally bargains with the reform of English legislation and the results that the hot Civil technique principles could have at the personality of English procedural legislation.

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On Civil Procedure

This comparative research of civil strategy concentrates at the reasons served by way of the establishment of laws instead of the intentions of these who litigate. Stressing that these reasons move a ways past mere nonviolent dispute answer, Jolowicz conducts a comparative exam of procedural legislations in an try and clarify the information that underlie its constituent parts.

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To an English lawyer more than a century after the combined administration of law and equity in a single court was ®nally achieved, the solution adopted by the Judicature Acts seems, in general terms, an obvious one; the surprising thing is only that it was so long delayed. It has to be appreciated, however, that no generation of lawyers for whom the separation of law and equity was the established system of centuries, could be expected to take this view. On the contrary, if the common law system of writs had come to seem as basic as the Ten Commandments, the division between law and equity must have seemed as natural as the 20th-century Anglo-American developments 27 division between land and sea.

S. Prob. 107. C. 622, where it was unclear whether the proceedings should be classi®ed as criminal or as civil, a Divisional Court of the High Court granted two alternative certi®cates, one appropriate to a criminal cause or matter and the other appropriate to civil proceedings, so that the case could go directly to the House of Lords whatever the correct classi®cation. Otherwise there would have been the risk, on appeal to the Court of Appeal, Civil Division, that that court might hold that the case involved a criminal cause or matter and thus that it had no jurisdiction.

See James and Hazard, chap. 8. 30 The litigation process the adoption of the state constitutions in the several states. There is no right to trial by jury in an equity case, and dif®cult questions may arise where a case has both equitable and legal implications, but nevertheless, speaking generally and despite the number of cases actually tried by judge alone, in the United States jury trial still presents itself as the normal mode of trial in civil cases. Masters The English `Master of the Supreme Court', or `district judge' as he is known in the Family Division of the High Court, is a judicial of®cer of the court whose principal business is the conduct of the interlocutory stages of an action.

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