Amler: Pleitstukke is die Afrikaans vertaling van die bekende en gerespekteerde Engelse titel, Amler's precedents of pleadings, die vinnige en maklike gids tot pleitstukke en eisoorsake. 'n Groot verskeidenheid nuttige presedente voorbeelde is ingesluit om besige lede van die regslui by te staan met die optrek van pleitstukke. Daar is notas wat die presedente verduidelik en die wet in detail uiteensit soos dit deur die howe toegedien en ontwikkel word.

With legal fees coming under increasing scrutiny, all law firms, whether they charge by the hour or operate alternative fee arrangements (AFAs) will need to negotiate fees; be it a discount to an hourly rate or a year-long fixed retainer. Budgeting and negotiating skills will be needed by all fee earners with responsibility for agreeing any fees or discounts. The more a firm uses AFAs, the more important budgeting and negotiating becomes. Budgeting and Negotiating Fees with Clients: A Lawyer's Guide is a must-have handbook for individual lawyers, firm leaders and directors of support services who are looking to tackle these challenges head on at both an operational and a strategic level. It provides: * Clear analysis of the increasing importance of budgeting and negotiating fees for all firms whether they have adopted AFAs or rely on hourly rates; * A step-by-step guide for improving individual behaviour and firm-wide processes; and * Practical tools for generating consistently profitable fee structures. Supported by case studies from law firms and law firm clients, along with input from other management consultants, this report covers topics including: * Fee models adopted by law firms; * How AFAs are intensifying the need for budgeting and negotiating skills; * Alternative fees - risks and how to avoid them; * Understanding law firm financial data - a prerequisite for successful budgeting and negotiation; * Creating a realistic matter budget; * An introduction to legal project management; * Overcoming obstacles to negotiating fees effectively; * Managing the negotiation process effectively; * Obtaining the desired fees and structures; * Tips, tactics and tricks for negotiating; * Developing a strategy for better budgeting and negotiating; * Implementing change and embedding best practice; * Business tools for budgeting, negotiating and client communication; * How to operate value billing; and * Best practice law firm negotiation from a client's perspective. This invaluable resource also includes supporting checklists and templates to allow readers to start putting the lessons learnt throughout the report into practice immediately.

Very Short Introductions: Brilliant, Sharp, Inspiring Everyone negotiates. Whenever any person, company, or country needs someone else to accomplish something, they must negotiate. Negotiation is essential for peace and international relations, but also for economically efficient trades and bargains in business, and for problem solving skills in workplaces, families, and interpersonal interactions. This Very Short Introduction provides a comprehensive and accessible review of both conceptual and behavioural approaches to the human process of negotiation. Carrie Menkel-Meadow draws on research in constituent fields of human psychology, diplomacy, law, business, anthropology, game theory, decision making, international relations, sociology, public policy, and economics, suggesting models for creative problem solving to often intractable problems. Considering that most people are tense and frightened of what they perceive to be scarce resource confrontations with opponents and competitors, Menkel-Meadow offers different ways to plan for and approach others to solve human problems and seek solutions that satisfy both parties. Alongside this, Menkel-Meadow summarises recent research on the variations of human behaviour, providing vivid examples from history and current affairs to solve some of the most difficult problems. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

Criminal Litigation offers a comprehensive and practical guide to the areas of criminal litigation covered on the Legal Practice Course. Making effective use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages students to focus on putting their knowledge into a practical context. Written in an informal and accessible style, it covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using numerous diagrams, flowcharts, and examples, while potential changes in the law are highlighted by specially designed 'Looking Ahead' boxes. Chapters end with key points summaries and self-test questions, enabling students to quickly sum up what they have read and test their own knowledge. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include case study documentation; web links; three additional chapters covering 'Advising at the Police Station - Practical Steps', 'White Collar Crime - Regulatory Offences', and 'Sentencing in Road Traffic Cases'; answers to self-test questions; video case studies; and criminal Litigation Express Train timeline.

Guides you through the study, research and writing skills you need to ace your study of law Get started with using the library; find out what statutory interpretation and judicious precedent are; learn about finding and using case law and legislation; discover how to access and cite books, journals and other sources; take your study international with a guide to sources from Europe and further afield; and sail through your coursework and exams with handy tips for legal writing and research.

Volume one presents documents that establish the structure of the Supreme Court and recount the official record of the Court's activity during its first decade. It serves as an introduction and reference tool for the subsequent volumes in the series.

After more than a decade of renewal of South African administrative law in its constitutional and statutory form, the time has come to ensure implementation of the ideals enshrined in the legislation through the public administration. The papers contained in this title focus on the issue and represent the views of some of the key participants in that reform process. They provide an overview of the context in which this reform has taken place, as well as of the interaction between common law, statutory law and the constitution in this field. In addition, various perspectives on administrative justice are expounded, and implementation and training strategies are examined.

Written by leading authors with extensive experience in both teaching and practice, this established and trusted title equips the student with all the techniques of legal research, analysis, and argument they will need for their law course and beyond. Holland & Webb take an engaging and practical approach with examples and exercises throughout which allow students to develop their knowledge and their reasoning skills making this an ideal text for first year students. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The ebook offers a mobile experience and convenient access along with functionality tools, navigation features and links that extra learning support: www.oxfordtextbooks.co.uk/ebooks - The accompanying online resources include multiple choice questions for each chapter, links to useful websites and a guide to using Halsbury's Laws. For futher insight into legal skills, visit legaleducation.wordpress.com.

First published in 1951, this book is a classic in its field and provides a uniquely analytical approach to the subject of advocacy.

An engaging account of ambition, the forces that drive and constrain it, and whether it serves our deepest needs. Ambition is a dominant force in for human civilization, driving its greatest achievements and most horrific abuses. Our striving has brought art, airplanes, and antibiotics, as well as wars, genocide, and despotism. This mixed record raises obvious concerns about how we can channel ambition in the most productive directions. In Ambition, Deborah L. Rhode offers a comprehensive and engaging survey of the topic that focuses in particular on the nature of ambition in contemporary American life. To do this, she first explores three central focuses of ambition-recognition, power, and money-and argues that an excessive preoccupation with these external markers for success can be self-defeating for individuals and toxic for society. She then shifts to discussing the obstacles to constructive ambition and the consequences when ambitions are skewed or blocked by inequality and identity-related characteristics such as gender, race, class, and national origin. Rhode further addresses the ways that families, schools, and colleges might play a more effective role in developing positive ambition. Finally, she examines what sorts of ambitions contribute to sustained well-being, such as building relationships and contributing to society, rather than chasing extrinsic rewards such as wealth, power, and fame. Drawing upon leading thinkers on the topic and contemporary social science research while laying out an agenda for how ambition can be better developed, Ambition will force us reconsider the factors that shape our ambitions, and whether those ambitions meet our deepest needs and highest aspirations.

Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society s other rules.

Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent.

Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system s dependence on force helps us understand what law is, how it operates, and how it helps organize society."

It its first two editions The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf-it should be open on your desk.

Everything you need to enter the exciting field of legal mediation

To be an effective mediator, it's essential to possess the ability to take control of animated situations, offer advice, and facilitate discussion--all the while remaining neutral without formulating biased judgment. "Success as a Mediator For Dummies" helps you acquire these attributes and much more.

Aspiring mediators will learn the importance of upholding an honorable reputation, the skills, personality traits, and characteristics of a good mediator, and how to effectively market a successful mediation career. Plus, you'll get practical advice about finding work in the field, realistic salary information, and tips on as tips on identifying whether you have the skills and tools to become a good mediator.The steps necessary to become a mediator (education, training, licensing, states-specific requirements, etc.)How your education and professional background can enhance your mediation workSample rules and standards of conductAll the steps necessary to build and market a successful private practice in mediation, or flourish as a mediator in a law firm, corporation, school, or non-profit organization

Whether you have a background in law or an interest in legal careers, "Success as a Mediator For Dummies" gives you everything you need to enter the exciting field of legal mediation.

In the summer of 2008 Kimberley Motley quit her job as a public defender in Milwaukee to join a program that helped train lawyers in war-torn Afghanistan. She was thirty-two at the time, a mother of three who had never travelled outside the United States. What she brought to Afghanistan was a toughness and resilience which came from growing up in one of the most dangerous cities in the US, a fundamental belief in everyone's right to justice and an unconventional legal mind that has made her a legend in an archaic, misogynistic and deeply conservative environment. Through sheer force of personality, ingenuity and perseverance, Kimberley became the first foreign lawyer to practise in Afghanistan and her work swiftly morphed into a mission - to bring 'justness' to the defenceless and voiceless. She has established herself as an expert on its fledgling criminal justice system, able to pivot between the country's complex legislation and its religious laws in defence of her clients. Her radical approach has seen her successfully represent both Afghans and Westerners, overturning sentences for men and women who've been subject to often appalling miscarriages of justice. Inspiring and fascinating in equal measure, Lawless tells the story of a remarkable woman operating in one of the most dangerous countries in the world.

The new edition has been extensively revised and enlarged. It considers the case law developed since the prior edition and the new legal situation effective as of 1 May 2014. This topically arranged comprehensive work on criminal administrative traffic law (Verkehrs-OWi) provides assistance in preparing an effective defense, and its practical focus has been enhanced with additional sample boilerplate.

"'What About Law?' succeeds where so many legal guidebooks fail ... [it] skilfully demystifies the law and ably proves its argument. The law is, indeed, all around us - and this book will whet your appetite to find out how and why." - Alex Wade, The Times (of the previous edition) Law is one of the few subjects that the school leaver, choosing a degree course, will have very little real understanding of. This book comes to the rescue by clearly setting out what a prospective law student can expect and why a student should choose to study law. This new edition is updated to reflect the reality of studying law today, highlighting changes due to Brexit and reforms to constitutional law. The book covers the compulsory subjects every law student has to study: contract, criminal, property and trusts law, and brings them up to date. With a clear core structure and approach it takes a case from each of these subjects to illustrate legal issues and methodology. The writing style is accessible and has the audience - novices to law - firmly in mind. What About Law? shows how the study of law can be fun, intellectually stimulating and challenging. It introduces prospective students to the legal system, legal reasoning, critical thinking and argument. Written by a team of experienced teachers, this book should be read by every student about to embark on the study of law.

Much has changed in the ten years since the publication of the first edition of Women-at-Law. But, unfortunately, much has also stayed the same. Women are still confronting issues of promotions and equal pay, while also struggling to maintain a healthy work/life balance. But no woman is alone in the legal profession, and Women-at-Law, Second Edition is the guide that proves it. Author Phyllis Epstein has interviewed over 500 women lawyers of all ages, backgrounds, and lifestyles nationwide to address how women today are meeting the challenges of competing in the legal profession without sacrificing their home and family lives as well. This updated edition includes: * Wisdom and experience from women lawyers sharing their life experiences* Taking a time out from a legal careerand making a comeback* The intricacies and rewards of juggling a personal and professional life* If the option of part-time work is right, and how to make it work* Updated research on topics like attrition of women lawyers, schedule demands, and the unique focus women can bring to the profession Women-at-Law provides women with ideas and suggestions about how to deal with their professional and personal goals and challenges and make the compromises required to "have it all"even when "having it all" can be different for each individual. You'll learn that, with some effort, a woman can redirect her career, home life, and interests in the long journey that is a successful life.

According to masculinities theory, masculinity is not a biological imperative but a social construction. Men engage in a constant struggle with other men to prove their masculinity. Masculinities and the Law develops a multidimensional approach. It sees categories of identity--including various forms of raced, classed, and sex-oriented masculinities--as operating simultaneously and creating different effects in different contexts. By applying multidimensional masculinities theory to law, this cutting-edge collection both expands the field of masculinities and develops new thinking about important issues in feminist and critical race theories. The topics covered include how norms of masculinity influence the behavior of policemen, firefighters, and international soldiers on television and in the real world; employment discrimination against masculine cocktail waitresses and all transgendered employees; the legal treatment of fathers in the U.S. and the ways unauthorized migrant fathers use the dangers of border crossing to boost their masculine esteem; how Title IX fails to curtail the masculinity of sport; the racist assumptions behind the prison rape debate; the surprising roots of homophobia in Jamaican dancehall music; and the contradictions of the legal debate over women veiling in Turkey. Ultimately, the book argues that multidimensional masculinities theory can change how law is interpreted and applied.

Blackstone's Police Investigators' Manual and Workbook 2023 are the only official study guides for the National Investigators' Exam (NIE), which is taken as part of Phase 1 of the Initial Crime Investigators' Development Programme. It is the most comprehensive and effective package for studying for the NIE, providing the complete 2023 syllabus, and practical exercises and multiple-choice questions to test your knowledge. Based on the bestselling Blackstone's Police Manuals, Blackstone's Police Investigators' Manual 2023 provides all the legal information which is relevant to your role as a trainee investigator and is applicable to all NIE exams taken in 2023. Covering all key legislation in the areas of General Principles, Police Powers and Procedures; Serious Crime and Other Offences; Property Offences; and Sexual Offences, it also features the relevant PACE Codes of Practice, with chapters incorporating the relevant Code with Keynotes offering practical advice and examples, as well as chapters covering the Nationality and Borders Act 2022 for investigators within immigration, customs, and the National Crime Agency. Blackstone's Police Investigators' Workbook 2023 has 24 chapters, offering you an opportunity to gauge your revision progress through multiple-choice questions at each chapter opening, followed by a refresher section on complex parts of the syllabus with exercises and flowcharts, and recall questions at the conclusion to reinforce learning. Useful cross references point back to the Manual in the answer sections. Now in its twenty first edition, both the Manual and Workbook contain the latest legislation and case law relevant to the 2023 NIE, including the Police, Crime, Sentencing and Courts Act 2022, the Domestic Abuse Act 2021 and the Nationality and Borders Act 2022, the Attorney General's updated Guidelines on Disclosure and significant case law decisions.

Rechtsvergleichung kann immer dort aussagekraftig sein, wo aufgrund der Entwicklung der modemen Gesellschaften Fragestellungen notwendiger- weise in allen entwickelten Rechtssystemen auftauchen. Fur die K ntroll- dichte bei der Uberprufung von Verwaltungsentscheidungen gilt dieses in besonderem MaBe. Wenn sich auch aus der verfassungsrechtlichen Lage und der besonderen Verwaltungstradition unterschiedliche Perspektiven erge- ben, so steht doch die Grundfrage der Aufteilung der Verantwortung zwi- schen Verwaltung und Verwaltungsgerichtsbarkeit in allen Rechtsordnun- gen stark im Vordergrund. Die vom Max-Planck-lnstitut fur auslandisches Offentliches Recht und Volkerrecht im Herbst 1990 durchgefUhrte Veranstaltung sollte zu einer Klarung der Fragestellungen vor allem durch Einbeziehung von auslandi- schen Experten fUhren, die die deutsche Rechtslage ausreichend ubersahen. Der gesamte Band wird daher in deutscher Sprache vorgelegt. Er enthalt zuniichst neun schriftliche Berichte uber ausgewahlte Lander und die Euro- paischen Gemeinschaften, die die Grundlage fUr das Kolloquium schaffen sollten. 1m AnschluB hieran sind die drei vergleichenden, auf der Grundlage der schriftlichen Berichte erarbeiteten Referate, die auf dem Kolloquium mundlich prasentiert wurden, sowie die Diskussionsbeitrage der Teilnehmer abgedruckt. Das Erscheinen des Bandes hat sich bedauerlicherweise durch einige Umstande verzogert. Wir hoffen, daB der Inhalt gerade auch in der deutschen Verwaltungsrechtslehre und -praxis Beachtung finden wird. Heidelberg, im August 1992 JOCHEN ABR. FROWEIN Inhaltsverzeichnis Landesbericht Frankreich 1 CLEMENS LERCHE I. Vorbemerkung zum gerichtlichen Rechtsschutz gegen Verwaltungshandeln . 1 II. Allgemeiner Teil 3 1. Zugang zu den Gerichten 3 2. Beweislastverteilung und Tatsachenfeststellung .

The ability to undertake effective legal research is one of the basic skills required of a lawyer. Yet all too often students only acquire this skill by trial and error, failing to grasp the essentials of legal research at an early stage in their studies. This second edition not only describes the literature of law for England, Wales and the European Community, but also includes information and techniques on researching the law of Scotland and European human rights law. It also features information on the sources of law being created by the newly devolved legislatures in Scotland and Wales.;The book provides advice on using a law library and how to make effective use of catalogues and indexes. Its practical approach will help students undertake particular research problems, and it shows how to record and present the results of research in projects, dissertations and theses. The information is presented under standard headings, with diagrams and charts provided where possible to aid in the practical use of complex publications. The whole range of modern electronic sources is also explained.;The book is primarily intended for undergraduate law students, but should also be useful to students following vocational training courses and newly qualified solicitors who are occasionally faced with unfamiliar research problems.

In diesem zweibandigen Werk werden Arbeiten veroffentlicht, die zu sehr unterschiedlichen Zeiten an den verschiedensten Stellen publiziert wurden, und von denen die meisten heute nur unter Schwierigkeiten beschaffi: werden konnten. Der Autor folgt damit mehrfach geauBerten Empfehlungen. Gegliedert ist der Inhalt nicht nach den Erscheinungsdaten der einzelnen Arbeiten, sondem nach systematischen Gesichtspunkten. Dabei wurde ver- sucht, ein rechtsphilosophisches und ein strafrechtswissenschaftliches Grund- konzept erkennbar zu machen, allerdings ohne systematische Geschlossen- heit in Anspruch zu nehmen. Ein Quellenverzeichnis steht am SchluB jedes Bandes. Koln, im September 1981 Ulrich Klug InhaItsverzeichnis Materielles Strafrecht Grundlagenprobleme Rechtfertigung oder Abschaffung des Strafrechts? . 3 Die zentrale Bedeutung des Schutzgedankens fUr den Zweck der Strafe . 16 Abschied von Kant und Hegel. . . . . . . . . . . . . . 149 Der Handlungsbegriff des Finalismus a1s methodologisches Problem. . 155 Rechtsphilosophische und rechtspolitische Probleme des Sexualstrafrechts . 173 Sozialkongruenz und Sozialadaquanz im Strafrechtssystem . 194 Anarchistenterror gegen Strafrechtsreform. . . . . 211 Frobleme des Allgemeinen Teils Zum Begriff der Gesetzeskonkurrenz. . . . . . . 229 Die Verpflichtung des Rechtsstaats zur Verjahrungsverlangerung . 247 Frobleme des Besonderen Teils und des NebenstraJrechts Der neue Straftatbestand des Friedensverrates. . . . . . . . 259 Ungeschriebene Tatbestandsmerkmale beim Staatsgeheirnnisbegritf 268 Strafrechtliche Abwehr des Neo-Nationalsozialismus. . . . . . 282 Der Anwendungs- und Zumessungsbankrott bei der Bestrafung von Schwangerschaftsunterbrechungen - 5 DM fUr eine Abtreibung? . 291 Probleme der Strafzumessung bei Diebstahl, Einbruch und Raub. . 298 Psychologische Vereinfachungen und strafrechtiche Folgerungen bei der Auslegung der Bestechungstatbestande . . . . . . . . . . . 310 Der Eigentumsvorbehalt bei der Waren- und Wertpapierverschleuderung im Konkursstrafrecht . . . . . . . . 320 Aktuelle Probleme des Konkursstrafrechts . 327 Zur Strafbarkeit irrefUhrender Werbeangaben 337 Formelles Strafrecht Die Verletzung von Denkgesetzen als Revisionsgrund . 383 Beweisverbote im StrafprozeB . . .