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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
Legal language, or ‘legalese’ as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: ‘ordinary’ language cannot properly or accurately describe the often complex concepts and issues involved.
This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession.
The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A bilingual publication, this English–Afrikaans / Afrikaans–English dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).
Construction disputes by their very nature are often complex,
sometimes multi-party disputes, many of which are not suited to
either adjudication or traditional form of litigation (which are
often slow, expensive and divisive). The sheer complexity of
construction creates a compelling case for the introduction of
alternative approaches within this adversarial industry. This book
traces the history, development, current status and future
direction of Alternative Dispute Resolution (ADR) in the UK
construction industry. It draws on the largest collection of Royal
Institution of Chartered Surveyors-funded surveys on Scottish and
English disputants' perceptions and attitudes to ADR. It includes
an examination of the key legislative and regulatory principles
relating to ADR in the Construction sphere. The study also
evaluates the role and functions of the Technology and Construction
Court (TCC) in England and, with reference to case law, identifies
its facilitative approach to ADR. The coherence of the TCC's
approach to issues such as refusal to resort to ADR is also
examined. It will be a valuable reference work for scholars and
practitioners in construction and the built environment, in the UK
and internationally.
A Warrior for Justice: Essays in Honour of Dikgang Moseneke is a
culmination of a series of events to honour former Deputy Chief
Justice, Dikgang Moseneke. A well-attended symposium was held at
the University of Cape Town on 7 December 2016, with thoughtful
presentations and engaged dialogue in honour of a great
jurisprudential mind and judicial leader. The papers presented at
the symposium appear in this volume, while additional papers were
included to add to the richness of the tribute which we pay to
Justice Moseneke upon his retirement from the Bench. The articles
in A Warrior for Justice are arranged into three main thematic
sections: judicial engagement and the separation of powers;
transformation, equality and indigeneity; and economic justice. In
addition, there are personal reflections from colleagues, friends
and a former Constitutional Court clerk. These reflections remind
us of the human being behind the distinguished legal mind of
Justice Moseneke.
The civil justice system is characterized by a distinct dispute
resolution and law enforcement functions, although these functions
are not always explicit and their relationship can be vague. People
normally turn to this legal system to address an ""unjust""
situation they encounter. This makes civil justice both socially
and economically important, as it may be driven by efficiency or
access to justice concerns. The literature suggests that law reform
has an uninspiring record in this field. This is because it has,
largely, not been considered with a detailed, empirically informed
evaluation of proposed solutions. This legal system is complex, and
research in this field is correspondingly challenging, interesting,
and important. The Handbook of Research on Civil Justice provides
significant empirical research findings as well as theoretical
reviews and frameworks on a wide array of issues within civil
justice and the legal system. This includes topic areas such as
access to justice and legal representation, the challenges to
developing civil justice, courts and procedures, and civil justice
reform. This book is valuable for lawyers, human rights lawyers,
court officials, psychologists, social workers, sociologists,
consultants, professionals, academicians, students, and researchers
working in the field of law, socio-legal studies, sociology,
anthropology, political science, social work, social policy,
economics, and criminal justice, along with anyone seeking updated
information on the current reforms and challenges within the civil
justice and legal systems.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences and law,
expertly written by the world's leading scholars. Designed to be
accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. In this Advanced Introduction, Christopher Slobogin covers
every significant aspect of U.S. criminal procedure. Focusing on
Supreme Court cases and the most important statutory rules that
provide the framework for the criminal justice system, he
illuminates the nuances of American criminal procedure doctrine and
offers factual examples of how it is applied. Chapters cover police
practices such as search and seizure, interrogation, and
identification procedures, as well as the pretrial, trial and
post-conviction process. Key features include: A clear and engaging
writing style, with key terms defined and relevant examples
provided An examination of the competing goals and values that have
influenced doctrine Coverage of all key Supreme Court cases as well
as important federal and state statutes and rules Empirical studies
examining the realities of the criminal process A logical flow
design in each chapter to facilitate analysis of every significant
criminal procedure issue This Advanced Introduction will be
invaluable reading for all students of U.S. law and undergraduate
students of constitutional criminal procedure. It will also be
useful to those in disciplines such as criminology, public policy,
and political science, as well as to policy makers who are looking
for an overview of the topic.
Courts, regulatory tribunals, and international bodies are often
seen as a last line of defense for environmental protection.
Governmental bodies at the national and provincial level enact and
enforce environmental law, and their decisions and actions are the
focus of public attention and debate. Court and tribunal decisions
may have significant effects on environmental outcomes, corporate
practices, and raise questions of how they may best be effectively
and efficiently enforced on an ongoing basis.Environment in the
Courtroom, Volume II examines major contemporary environmental
issues from an environmental law and policy perspective. Expanding
and building upon the concepts explored in Environment in the
Courtroom, it focuses on issues that have, or potentially could be,
the subject of judicial and regulatory tribunal processes and
decisions. This comprehensive work brings together leading
environmental law and policy specialists to address the protection
of the marine environment, issues in Canadian wildlife protection,
and the enforcement of greenhouse gas emissions regulation. Drawing
on a wide range of viewpoints, Environment in the Courtroom, Volume
II asks specific questions about and provides detailed examination
of Canada's international climate obligations, carbon pricing,
trading and emissions regulations in oil production, agriculture,
and international shipping, the protection of marine mammals and
the marine environment, Indigenous rights to protect and manage
wildlife, and much more. This is an essential book for students,
scholars, and practitioners of environmental law.
Explore the key aspects of business law through accessible,
engaging real-life cas Law for Business Students, 12th edition, by
Adams, Caplan and Lockwood provides you with contemporary and
comprehensive coverage of the fundamental legal principles relating
to the business environment. It introduces legal concepts to
non-law students in a practical and engaging way through real-life
cases relevant to the business world. The book offers a range of
features to help you understand, apply and analyse legal concepts,
including scenarios to encourage the development of opinions and
application of relevant legal concepts. The 'Worth thinking about'
sections provide discussion points to analyse within the classroom,
while 'Exam tips' help revision practice by pointing to areas of
the law which are likely to appear in exam questions. The new
edition has been thoroughly updated to cover legal developments in
a range of diverse areas relevant to the core topics of law:
contract (including intellectual property), tort, employment and
business organisations (including formation), governance, and
dissolution. It reflects the changes in the law as a result of
Brexit, as well as Covid litigation arising in relation to
employment rights. This title also has a Companion Website.
A thrilling, behind-the-scenes account of the revolutionary Roe v.
Wade Supreme Court ruling. The Justices Behind Roe V. Wade offers a
front-row seat to the inner workings of the Supreme Court that led
to the monumental Roe v. Wade decision. Spanning from 1969 to 1972,
Pulitzer Prize-winning author Bob Woodward and coauthor Scott
Armstrong report on the masterful maneuvering and politicking that
affected the court's decisions and created obstacles for the
landmark ruling. Abridged from the #1 bestseller The Brethren, this
is an exquisite work of reporting on one of the most important
rulings of the United States.
This book presents a short history and timeline of criminal
procedure legislation in China. First, it addresses the status of
Human Rights Conventions and the challenges resulting from human
rights standards for Chinese criminal procedural law and practice.
The discussion then moves on to explore the fundaments of Chinese
criminal procedure such as the applicable law found in the Chinese
CPL (Criminal Procedure Law) and legal institutions. The book
covers relevant actors in the Chinese Criminal Justice System (ie
judges, prosecutors, police, defence councils) as well as the
relationships between them. It also includes topics relating to the
victims of crime and their role in criminal proceedings. Starting
with pre-trial investigations (extending in particular to coercive
measures and discretionary powers in the implementation of
non-prosecution policies) the book continues as a guide through the
basic principles of criminal trial, standards of evidence and rules
related to conviction. Appeals and the issue of reopening criminal
proceedings are also considered, with the book making particular
reference to a number of special procedures (including juvenile
delinquency) in the closing chapter.
The phenomenal growth of penal confinement in the United States in
the last quarter of the twentieth century is still a public policy
mystery. While there is unanimous condemnation of the practice,
there is no consensus on the causes nor any persuasive analysis of
what is likely to happen in the coming decades. In The Insidious
Momentum of American Mass Incarceration, Franklin E. Zimring seeks
a comprehensive understanding of when, how, and why the United
States became the world leader in incarceration to further
determine how the use of confinement can realistically be reduced.
To do this, Zimring first profiles the growth of imprisonment after
1970, emphasizing the important roles of both the federal system
and the distribution of power and fiscal responsibility among the
levels of government in American states. He also examines the
changes in law enforcement, prosecution and criminal sentencing
that ignited the 400% increase in rates of imprisonment in the
single generation after 1975. Finally, Zimring then proposes a
range of strategies that can reduce prison population and promote
rational policies of criminal punishment. Arguing that the most
powerful enemy to reducing excess incarceration is simply the
mundane features of state and local government, such as elections
of prosecutors and state support for prison budgets, this book
challenges the convential ways we consider the issue of mass
incarceration in the United States and how we can combat the rising
numbers.
Juvenile Justice for the 21st Century provides students with
engaging articles and the latest research on emerging topics within
the field. This anthology provides readers with valuable
information on the current issues facing contemporary youths and
the professionals who work with them on a daily basis. The text is
composed of one original piece and seven research articles that
cover issues related to race, substance abuse, LGBTQ identity and
community, mental health, technology, and reentry success.
Individual topics include minority disproportion in the system, the
impact of juvenile mental health court on recidivism rates among
youth, the overrepresentation of LGBTQ youth within the child
welfare to juvenile justice crossover population, and more. The
text recognizes the critical role of treatment and rehabilitation
in the juvenile justice system and underscores the importance of
leveraging current research to guide effective practices and
approaches. Featuring timely, scholarly information, Juvenile
Justice for the 21st Century is an ideal supplementary text for
courses within criminal justice and sociology, especially those
with focus on juvenile justice and delinquency issues.
This is an ideal introductory book for the person who needs an
insight into how the English legal system functions at all levels
and a critical analysis of the shortcomings, with the views of
major figures in the legal world on how to change the system so
that it functions effectively.
This addition to the Elements of International Law series explores
the role of international law as an integral part of the Russian
legal system, with particular reference to the role of
international treaties and of generally-recognized principles and
norms of international law. Following a discussion of the
historical place of treaties in Russian legal history and the
sources of the Russian law of treaties, the book strikes new ground
in exploring contemporary treaty-making in the Russian Federation
by drawing upon sources not believed to have been previously used
in Russian or western doctrinal writings. Special attention is
devoted to investment protection treaties. The importance of
publishing treaties as a condition of their application by Russian
courts is explored. For the first time a detailed account is given
of the constitutional history of treaty ratification in Russia, the
outcome being that present constitutional practice is inconsistent
with the drafting history of the relevant constitutional
provisions. The volume gives attention to the role of the Russian
Supreme Court in developing treaty practice through the issuance of
"guiding documents" binding on lower courts, the reaction of the
Russian Constitutional Court to judgments of the European Court of
Human Rights, and the place of treaties as an integral part of the
Russian legal system. Butler further explores the hierarchy of
sources of law, together with other facets of Russian arbitral and
judicial practice with respect to treaties and other sources of
international law. He concludes with a consideration of the
'generally-recognized principles and norms of international law'
and their role as part of the Russian system.
This book examines the interconnections between artificial
intelligence, data governance and private law rules with a
comparative focus on selected jurisdictions in the Asia-Pacific
region. The chapters discuss the myriad challenges of translating
and adapting theory, doctrines and concepts to practice in the
Asia-Pacific region given their differing circumstances, challenges
and national interests. The contributors are legal experts from the
UK, Israel, Korea, and Singapore with extensive academic and
practical experience. The essays in this collection cover a wide
range of topics, including data protection and governance, data
trusts, information fiduciaries, medical AI, the regulation of
autonomous vehicles, the use of blockchain technology in land
administration, the regulation of digital assets and contract
formation issues arising from AI applications. The book will be of
interest to members of the judiciary, policy makers and academics
who specialise in AI, data governance and/or private law or who
work at the intersection of these three areas, as well as legal
technologists and practising lawyers in the Asia-Pacific, the UK
and the US.
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