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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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Fact-Finding in Civil Litigation - A Comparative Perspective (Paperback)
Loot Price: R2,705
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Fact-Finding in Civil Litigation - A Comparative Perspective (Paperback)
Series: IUS Commune: European and Comparative Law Series, 85
Expected to ship within 12 - 17 working days
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In civil cases, the facts of the case are often decisive. This book
provides a comparative analysis of the process of fact-finding in
the litigation process. It offers theoretical insights on the
distinctive features of the fact-finding arrangements in civil
cases in Austria, the Netherlands, and the United States. It also
examines the empirical data that sheds light on the operation of
procedural rules in legal practice. The book studies specific
fact-finding regulations as components of an entire system and
places them in a broader context. It analyzes the history of
fact-finding arrangements to elucidate the legal tradition that has
shaped the mindset of practitioners and legislators. In addition,
the relationship between procedural rules and the prevailing
constitutional and political theory is discussed. Rules are
commonly designed and adopted to promote procedural values, such as
efficiency, legitimacy, accuracy, and fairness. Fact-Finding in
Civil Litigation discusses the values that are most prominent in
the Dutch, Austrian, and American legal systems. It explains how
many differences between systems flow from these different
fundamental starting points.
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