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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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Civil Procedure (Paperback, 5th Revised edition)
Loot Price: R1,874
Discovery Miles 18 740
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Civil Procedure (Paperback, 5th Revised edition)
Series: Concepts and Insights
Expected to ship within 12 - 17 working days
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This book will analyze legal procedure as part of a complicated
interaction between private ordering and public intervention.
Modern society brings people together in a variety of settings and
injects an active state presence into all manner of everyday
activities. Inevitably there are disputes. Yet, these disputes
settle all around us, based on social norms or simply an
understanding of what is right and what is wrong; what is
contestable and what is not. This private ordering of
responsibility occurs against a backdrop, sometimes but certainly
not always invoked, of what might occur were the matter to be taken
to the more costly system of public dispute resolution. In this
sense, disputants outside the legal system are said to be
bargaining in the shadow of the law. For those who cannot privately
order their disputes, there are two public interests. The first is
to provide a public resolution such that future similarly situated
disputants may be better able to anticipate what are the likely
outcomes should they proceed to litigation. The second is to
provide finality so that the disputants may get on with their
affairs. The central thrust of this book will be to examine the
overall structure of public dispute resolution through six basic
concepts: 1. rudimentary fairness and the trade off between equity
and efficiency; 2. defining the parameters of a dispute in terms of
the presentation of issues and the obtaining of information; 3.
defining the scope of the dispute in terms of parties, particularly
as the judicial system confronts increasingly complex litigation;
4. defining the power of the courts; 5. securing finality; and 6.
the costs of procedure.
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