You've planned your revision and you know your subject inside out! But how do you apply what you have learned to get the best marks in the examination room? Routledge Q&As give you the ideal opportunity to practice and refine your exam technique, helping you to apply your knowledge most effectively in an exam situation. Each book contains approximately fifty essay and problem-based questions on topics commonly found on exam papers, complete with answer plans and fully worked model answers. Our authors have also highlighted common mistakes as well as offering you tips to achieve the very best marks. What's more, Routledge Q&As are written by lecturers who are also examiners, giving you an exclusive insight into exactly what examiners are looking for in an answer.

The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors' assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors' rights to an efficient enforcement with the debtors' rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors' assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

This is the authoritative textbook on family mediation. As well as mediators, this work will be indispensable for practitioners and scholars across a wide range of fields, including social work and law. It draws on a wide cross-disciplinary theoretical literature and on the author's extensive and continuing practice experience. It encompasses developments in policy, research and practice in the UK and beyond. Roberts presents mediation as an aid to joint decision-making in the context of a range of family disputes, notably those involving children. Mediation is seen as a process of intervention distinct from legal, social work and therapeutic practice, drawing on a distinctive body of knowledge across disciplinary fields including anthropology, psychology and negotiation theory. Incorporating empirical evidence, the book emphasises the value of mediation in mitigating the harmful effects of family breakdown and conflict. First published in 1988 as a pioneering work, this fourth edition has been fully updated to incorporate legal and policy developments in the UK and in Europe, new sociological and philosophical perspectives on respect, justice and conflict, and international research and practice innovations.

The Court's decisions are interpreted and disseminated via the media. During this process, the media paints an image of the Court and its business. Like any artist, the media has license regarding what to cover and the amount of attention devoted to any aspect of the Court and its business. Some cases receive tremendous attention, while others languish on the back pages or are ignored. These selection effects create a skewed picture of the Court and its work, and might affect public attitudes toward the Court. Indeed, studies of media coverage of other governmental institutions reveal that when, and how, their policy decisions are covered has implications for the public's understanding of, compliance with, support for, and cynicism about the policy. This book uncovers and describes this coverage and compares it to the confirmation hearings, the Court's actual work, even its members. Rorie Spill Solberg and Eric N. Waltenburg analyze media coverage of nominations and confirmation hearings, the justices' "extra-curricular" activities and their retirements/deaths, and the Court's opinions, and compare this coverage to analyses of confirmation transcripts and the Court's full docket. Solberg and Waltenburg contend that media now cover the Court and its personnel more similarly to its coverage of other political institutions. Journalists still regurgitate a mythology supported by the justices, a "cult of the robe," wherein unbiased and apolitical judges mechanically base their decisions upon the law and the Constitution. Furthermore, they argue the media also focus on the "cult of personality," wherein the media emphasize certain attributes of the justices and their work to match the public's preferences for subject matter and content. The media's portrayal, then, may undercut the Court's legitimacy and its reservoir of good will.

This book is an unconventional reappraisal of Soviet law: a field that is ripe for re-evaluation, now that it is clear of Cold War cobwebs and, as this book shows, and that appears surprisingly topical and newly compelling. Drawing on a wide range of sources - including Russian-language Soviet statues and regulations, jurisprudence and legal theory, English-language 'legal Kremlinology, ' and works of general legal, political, social, and economic theory - this book analyses the central significance of law in the design and operation of Soviet economic, political, and social institutions. In short, Scott Newton argues here that the Soviet order was a work of law. And, in arguing that it was an exemplary, rather than aberrant, case of the uses to which law was put in twentieth century industrialised societies, this book provides an insightful account, not only of the significance of modern law to the Soviet case, but of significance of the Soviet case for modern law

This open access book presents twelve unique studies on mediation from researchers in Denmark, Finland, Norway and Sweden, respectively. Each study highlights important aspects of mediation, including the role of children in family mediation, the evolution and ambivalent application of restorative justice in the Nordic countries, the confusion of roles in court-connected mediation, and the challenges in dispute systems. Over the past 20-30 years, mediation has gained in popularity in many countries around the world and is often heralded as a suitable and cost-effective mode of conflict resolution. However, as the studies in this volumes show, mediation also has a number of potential drawbacks. Parties' self-determination may be jeopardized, affected third parties are involved in an inadequate way, and the legal regulations may be flawed. The publication can inspire research, help professionals and policymakers in the field and be used as a textbook.

'The most gripping and satisfying thriller I've read in more than a decade' Sophie Hannah 'One of the best legal thrillers ... as elegant and gripping as Scott Turow's Presumed Innocent' Daily Mail 'Quite the tour de force! Twelve Angry Men meets Chinatown and creates something of its own' Sarah Pinborough 'This is a tense, emotionally charged, scary-good, stand-out read' Caroline Kepnes ********** MAJOR TV SERIES COMING SOON - FROM THE PEOPLE WHO BROUGHT YOU NETFLIX'S UNBELIEVABLE... One juror changed the verdict. What if she was wrong? 'Ten years ago we made a decision together...' Fifteen-year-old Jessica Silver, heiress to a billion-dollar fortune, vanishes on her way home from school. Her teacher, Bobby Nock, is the prime suspect. It's an open and shut case for the prosecution, and a quick conviction seems all but guaranteed. Until Maya Seale, a young woman on the jury, persuades the rest of the jurors to vote not guilty: a controversial decision that will change all of their lives forever. Ten years later, one of the jurors is found dead, and Maya is the prime suspect. The real killer could be any of the other ten jurors. Is Maya being forced to pay the price for her decision all those years ago? ********** 'Plunge a syringe filled with adrenaline into the heart of Twelve Angry Men and you've got The Holdout: the first legal thriller in thirty years - ever since Presumed Innocent and A Time to Kill electrified readers the world over - to rank alongside those two modern classics.' AJ Finn 'A page-turning legal thriller with a twisty and absolutely riveting plot ... plus a strong and compelling female heroine. You won't be able to put this one down!' Lisa Scottoline 'Clever, well-written and twistier than a can of silly-string. You absolutely need to read The Holdout!' Emma Kavanagh 'Amazing thriller, deserves to be one of the biggest books of 2020' Michelle Davies 'Terrific, twisty and well-structured thriller' Adele Geras

Ethics and regulation have been catchwords of the late 1990s, yet relatively little has been written about the ethical discourse and regulation of the legal professions in England and Wales. This book attempts to subject the ethical discourse of the English legal professions to in-depth analysis and sustained critique. Drawing on insights from moral philosophy, social theory, the sociology of the legal profession, public law theories of regulation, and the extensive American literature on lawyers ethics, it argues that, in seeking to provide definitive answers to particular problems of professional conduct, professional legal ethics has failed to deliver an approach which requires lawyers actively to engage with the ethical issues raised by legal practice. Through an analysis of the core issues facing lawyers, the authors locate this failure in the profession's reliance on a liberal and adversarial role morality that conceptualizes the ethical values of human dignity, autonomy and equality in a formalistic and narrowly legalistic manner. The text is a wide-ranging and thought-provoking analysis written for lawyers, ethicists and policy-makers interested in this neglected area of pr

While legal scholars, psychologists, and political scientists commonly voice their skepticism over the influence oral arguments have on the Court's voting pattern, this book offers a contrarian position focused on close scrutiny of the justices' communication within oral arguments. Malphurs examines the rhetoric, discourse, and subsequent decision-making within the oral arguments for significant Supreme Court cases, visiting their potential power and danger and revealing the rich dynamic nature of the justices' interactions among themselves and the advocates. In addition to offering advancements in scholars' understanding of oral arguments, this study introduces Sensemaking as an alternative to rational decision-making in Supreme Court arguments, suggesting a new model of judicial decision-making to account for the communication within oral arguments that underscores a glaring irony surrounding the bulk of related research-the willingness of scholars to criticize oral arguments but their unwillingness to study this communication. With the growing accessibility of the Court's oral arguments and the inevitable introduction of television cameras in the courtroom, this book offers new theoretical and methodological perspectives at a time when scholars across the fields of communication, law, psychology, and political science will direct even greater attention and scrutiny toward the Supreme Court.

An increasing number of sport disputes are being resolved by way of arbitration. This is the first book to critically examine the process and benefits of sport-specific arbitration as compared to litigation.

The book explores, in depth, the development of alternative dispute resolutions in sports, paying particular attention to high-profile institutions such as the Court of Arbitration for Sport, the FIFA Football Dispute Resolution Panel, important national-level bodies including the Canadian, United States and New Zealand Sports Arbitration bodies and their relationship with national and international-level actors such as the IOC, WADA and the European Union. It also examines in detail the legal frameworks within which sports arbitration systems operate, considers their similarities with other arbitral bodies and considers the extent to which ADR in sport can be seen as a consequence of, and perhaps a solution to, the 'juridification' of sports.

Offering a theoretical basis with which to understand the relationship between arbitration and litigation, as well as providing guidance on key contemporary issues and best practice, this book is important reading for students, researchers and practitioners working in sports law, sports management and administration, sports politics, sports ethics, and international organisation.

First published in 1973, this book offers a fascinating and systematic description of the debt-collection process in 1970s England. Basing his research on the words of creditors, debtors, solicitors and debt-collectors, Paul Rock's research was conducted when imprisonment for debt was still in existence. The book covers the major stages in a defaulter's career, from enforcement by his creditors and the work of the debt-collector, through the various processes of the law, often to a period of imprisonment. Particular attention is given to the attempts made by debt-collectors to manage an unusual form of deviance and the consequences of their actions.

Over the last two decades courts have become major players in the political landscape in Asia. This book assesses what is driving this apparent trend toward judicialization in the region. It looks at the variations within the judicialization trend, and how these variations affect political practice and policy outcomes. The book goes on to examine how this new trend is affecting aspects of the rule of law, democratic governance and state-society relations. It investigates how the experiences in Asia add to the debate on the judicialization of politics globally; in particular how judicial behaviour in Asia differs from that in the West, and the implications of the differences on the theoretical debate.

Rhetoric scholars have articulated diverse approaches to both civil and human rights as political, ethical, and academic discourses. "Traditions of Testifying and Witnessing" initiates important interdisciplinary conversations within human rights rhetoric concerning the construction of rights knowledge, the role of advocacy, and politics of representations during acts of witnessing. Developing a conceptual framework for rhetorical inquiry into rights discourse, the collection of essays by established scholars demonstrates a range of approaches and subject matter. From textual analysis of AIDS politics and activism to theoretical discussions of the nature of rights rhetoric and confession, the book challenges many current assumptions about rights history and practices and still provides an introduction to the recent themes for classroom use. To encourage critical reflection on the assumptions, contentions, and implications of political representations and human rights, the editors have concluded the collection with a series of suggestive visual works without comment to prompt viewers' own engagement with them. This book was originally published as a special issue of Rhetoric Society Quarterly

The use of solitary confinement in prisons became common with the rise of the modern penitentiary during the first half of the nineteenth century and his since remained a feature of many prison systems all over the world. Solitary confinement is used for a panoply of different reasons although research tells us that these practices have widespread negative health effects. Besides the death penalty it is arguably the most punitive and dangerous intervention available to state authorities in democratic nations. Nevertheless, in the United States there is currently an estimated 80-100,000 prisoners in small cells for more than 22 hours per day with little or no social contact and no physical contact visits with family or friends. Even in Scandinavia, thousands of prisoners are placed in solitary confinement every year and with an alarming frequency. These facts have spawned international interest in this topic and a growing international reform movement, which includes researchers, litigators and human rights defenders as well as prison staff and prisoners. This book is the first to take a broad international comparative approach and to apply an interdisciplinary lens to this subject. In this volume neuroscientists, high level prison officials, social and political scientists, medical doctors, lawyers and former prisoners and their families from different countries will address the effects and practices of prolonged solitary confinement and the movement for its reform and abolition.

This book grew out of an experiment in Anglo-American legal study, in which distinguished American and English jurists studied the appellate courts of each other's countries, with a view to improving such courts in their own. Professor Karlen describes in detail the tribunals observed, and in a final chapter compares and contrasts appellate procedures in each country.

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Sex offending, and in particular child sex offending, is a complex area for policy makers, theorists and practitioners. A focus on punishment has reinforced sex offending as a problem that is essentially 'other' to society and discourages engagement with the real scale and scope of sexual offending in the UK. This book looks at the growth of work with sex offenders, questioning assumptions about the range and types of such offenders and what effective responses to these might be. Divided into four sections, this book sets out the growth of a broad legislative context and the emergence of child sexual offenders in criminal justice policy and practice. It goes on to consider a range of offences and victim typologies arguing that work with offenders and victims is complex and can provide a rich source of theoretical and practical knowledge that should be utilised more fully by both policy makers and practitioners. It includes work on female sex offenders, electronic monitoring and animal abuse as well as exploring interventions with sex offenders in three different contexts; prisons, communities and hostels. Bringing together academic, practice and policy experts, the book argues that a clear but complex theoretical and policy approach is required if the risk of re- offending and further victimisation is to be reduced. Ultimately, this book questions whether it makes sense to locate responsibility for responding to sexual offending solely within the criminal justice domain.

First published in 1937, Prison from Within is a first-person account of a prisoner sentenced to imprisonment for eighteen months for fraud. It is a linear narrative honestly recording the various facets of prison culture, along with candid character analysis. The book touches upon philosophical notions of sin and remorse; the social groups of prisoners and the camaraderie shared among them; the poor living condition of prisons and the exploitation of prison labour; and the general politics of the time. The book successfully humanizes criminals and is an excellent reminder of the fact that the prison industry has only worsened with time. Prisons were designed for the purpose of 'cleansing' bourgeoise society; therefore, it is important to revisit the institution and question its utility in modern times. This book will be of interest to students and teachers of history, sociology, criminology, criminal justice, literature, and penology.

This book explores challenges posed by the use of DNA evidence to the traditional features, procedures and principles of the criminal trial. It examines the limitations of existing theories of criminal trial processes in the face of increasing use of scientific evidence in the court room. The research elucidates the interconnections at trial of three epistemologies, namely legal reasoning, as represented by counsel and trial judge, common sense manifested by the jury and scientific reasoning expounded by the expert witness. Sallavaci argues that while scientific reasoning is part of this hybrid of trial languages and practices, its extended use is producing specifically novel tensions which impact on the traditional criminal trial landscape. Through the lens of DNA evidence, the book investigates how far the use of scientific evidence in the fact finding process poses challenges for the adversarial character of the proceedings and rules of evidence; how it affects the role of the judge, jury and expert witness, as well as the principle of orality and continuity of the trial. In comparing the challenges faced in English common law trials to those of the USA, this book has international scope, and will be of great use and interest to students and researchers of Criminal Law and Practice, Policing, and the role of Forensics in Law.

This book offers a conceptual model for understanding the nature of legal competencies. The model is interpreted to assist mental health professionals in designing and performing assessments for legal competencies defined in criminal and civil law, and to guide research that will improve the practice of evaluations for legal competencies. A special feature is the book's evaluative review of specialized forensic assessment instruments for each of several legal competencies. Three-fourths of the 37 instruments reviewed in this second edition are new.

Clearly argued and written in nontechnical language, this book provides a definitive account of informed consent. It begins by presenting the analytic framework for reasoning about informed consent found in moral philosophy and law. The authors then review and interpret the history of informed consent in clinical medicine, research, and the courts. They argue that respect for autonomy has had a central role in the justification and function of informed consent requirements. Then they present a theory of the nature of informed consent that is based on an appreciation of its historical roots. An important contribution to a topic of current legal and ethical debate, this study is accessible to everyone with a serious interest in biomedical ethics, including physicians, philosophers, policy makers, religious ethicists, lawyers, and psychologists. This timely analysis makes a significant contribution to the debate about the rights of patients and subjects.

'[Optimize is] ideal for undergraduate students at all levels. The content is of a high standard, easy to read and understand. The materials are very catching and easy on the eye making it easy to read and digest the materials...an essential study tool for all law students' - George Ellison, Derby 'I am really impressed...the strengths are the user friendly format, clear explanations, helpful diagrams/flowcharts and appropriate suggestions for analysing the issues concerned' - Katherine Davies, Northumbria The Optimize series is designed to show you how to apply your knowledge in assessment. These concise revision guides cover the most commonly taught topics, and provide you with the tools to: Understand the law and remember the details o using diagrams and tables throughout to demonstrate how the law fits together Contextualise your knowledge o identifying and explaining how to apply legal principles for important cases o providing revision advice to help you aim higher in essays and exams Avoid common misunderstandings and errors o identifying common pitfalls students encounter in class and in assessment Reflect critically on the law o identifying contentious areas that are up for debate and on which you will need to form an opinion Apply what you have learned in assessment o presenting learning objectives that reflect typical assessment criteria o providing sample essay and exam questions, supported by end-of chapter feedback The series is also supported by comprehensive online resources that allow you to test your progress during the run-up to exams. URL: www.routledge.com/cw/optimizelawrevision/

Women, Judging and the Judiciary examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are so familiar that their grip on our understandings of the judicial role are routinely overlooked. Failing to confront these instinctive images of the judge and of judging, however, comes at a price. They exclude those who do not fit this mould, setting them up as challengers to the judicial norm. Such has been the fate of the woman judge. But while this goes some way to explaining why, despite repeated efforts, our attempts to secure greater diversity in our judiciary have fallen short, it also points a way forward. For, by getting a clearer sense of what our judges really do and how they do it, we can see that women judges and judicial diversity more broadly do not threaten but rather enrich the judiciary and judicial decision-making. As such, the standard opponent to measures to increase judicial diversity - the necessity of appointment on merit - is in fact its greatest ally: a judiciary is stronger and the justice it dispenses better the greater the diversity of its members, so if we want the best judiciary we can get, we should want one which is fully diverse. Women, Judging and the Judiciary will be of interest to legal academics, lawyers and policy makers working in the fields of judicial diversity, gender and adjudication and, more broadly, to anyone interested in who our judges are and what they do.

Of late, historians have been realising that South Asia and Europe have more in common than a particular strand in the historiography on "the rise of the West" would have us believe. In both world regions a plurality of languages, religions, and types of belonging by birth was in premodern times matched by a plurality of legal systems and practices. This volume describes case-by-case the points where law and social diversity intersected.