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Books on the topic 'Action in connection with legal proceedings'

Author: Grafiati

Published: 24 April 2022

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1

Women and Law Conference (1995 University of Sydney. Women's College). Women and Law Conference: Working for women? : anti-discrimination, affirmative action, and equal opportunity, 22nd September 1995 : proceedings. Edited by Larbalestier Jan, Russell Denise, University of Sydney. Women's Studies Centre., Law Foundation of New South Wales., and University of Sydney. Equity Fund. Women's Studies Centre, University of Sydney, with assistance from the Law Foundation of New South Wales and the University of Sydney Equity Fund, 1996.

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2

Holthouse, Henry James. A new law dictionary: Containing explanations of such technical terms and phrases as occur in the works of legal authors, in the practice of the courts, and in the parliamentary proceedings of the Houses of Lords and Commons, to which is added an outline of an action at law and of a suit in equity. 2nd ed. Lawbook Exchange, 1999.

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3

Women and Law Conference: Working for women? : anti-discrimination, affirmative action, and equal opportunity, 22nd September 1995 : Proceedings. Women's Studies Centre, University of Sydney, with assistance from the Law Foundation of New South Wales and the University of Sydney Equity Fund, 1996.

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4

Social Dialogue on ILO Convention no. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor: Proceedings. Dept. of Labor and Employment, 2000.

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5

Social Dialogue on ILO Convention no. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labor: Proceedings. International Labor Organization, 2000.

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6

Althea, Segopolo Segametsi Miriam, Dow Unity, Matlakala Daphne Motlagomang, et al., eds. Women and the law in Botswana: Action strategies : report of the proceedings of a workshop held at the Gaborone Sun Conference Centre, 7th to 9th December 1989. Emang Basadi Women's Association, 1989.

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7

A national action plan on lawyer conduct and professionalism: Adopted January 21, 1999 by the Conference of Chief Justices. Regulatory authority over the legal profession and the judiciary : the responsibility of state supreme courts : a report of the conference proceedings Rancho Bernardo, California, March 1997. American Bar Association, 1999.

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8

Dennis, Faber, Vermunt Niels, Kilborn Jason, and Richter Tomáš, eds. Commencement of Insolvency Proceedings. Oxford University Press, 2012. http://dx.doi.org/10.1093/oso/9780199644223.001.0001.

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This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.

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9

Stark, Alastair. Logics for Action and Conventional Wisdom. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198831990.003.0008.

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This chapter examines the logics for action that inquiry actors bring into a lesson-learning episode. Logics for action is a term that describes the knowledge-related preferences that actors use in inquiries to make decisions. Analysis of the logics in these cases leads to three specific arguments. First, that political logics for action do not compromise inquiries in the ways which inquiry research currently suggests. Second, that public-managerial logics are essential to inquiry success in terms of policy learning. Finally, that legal-judicial logics need not necessarily lead to blaming and adversarial proceedings, which derail the lesson-learning function. These three arguments once again suggest that we need to rethink much of the conventional wisdom surrounding inquiries.

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10

Cheong-Ann, Png. Part I The International Law of Tainted Money, 2 International Legal Sources I—the United Nations Conventions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0002.

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This chapter looks at the origins of the international regulation of tainted money. This has its origins in laws concerning drugs, in particular the illicit production and trafficking of drugs and the connection of that trade to organised crime. More recently, terrorism, whether financed from the proceeds of crime or tainted money or with legitimate funds, has come under the rubric of the international regulation of tainted money as well. The chapter describes how the principal international initiatives in the development of international law and standards in these areas have been at the levels of the United Nations (UN) and the Financial Action Task Force (FATF). The UN conventions and UN Security Council resolutions as well as the FATF Recommendations, the chapter concludes, should be kept in view when considering proceeds of crime and tainted money. This chapter provides a framework for understanding these instruments, including their implications for domestic law and practice.

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11

Giulia, Pinzauti. Part III The Right to Justice, C Restrictions on Rules of Law Justified By Action to Combat Impunity, Principle 23 Restrictions on Prescription. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198743606.003.0027.

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Principle 23 deals with statutory limitations (prescription, in French) aimed at protecting defendants from stale claims that might be difficult to counter. Statutory limitations refer to legal norms that regulate the effects of the passage of time in domestic systems. In criminal law, they provide for a maximum timeframe, or prescription period, within which criminal proceedings can be instituted or sentences enforced. The passage of time makes the gathering of evidence more difficult and may also reduce the effectiveness of criminal prosecution. Significant delays in criminal action may thus impair the accused’s right to a fair trial. Furthermore, criminal proceedings tend to lose legitimacy as time passes. After providing a contextual and historical background on Principle 23, this chapter discusses its theoretical framework and how the statutory limitations have been applied in practice under multilateral treaties, domestic legislation and case-law. It also examines the practice of United Nations organs.

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12

Appel, Ivo, and Kersten Wagner-Cardenal, eds. Verwaltung zwischen Gestaltung, Transparenz und Kontrolle. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748904939.

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The present volume combines contributions to the symposium on the occasion of Ulrich Ramsauer’s 70th birthday, acknowledging his activity in the fields of public law, especially environmental law and planning regulations, administrative procedural law and public administration, which has lasted more than 40 years. The contributions deal with key issues in the current discussion in administrative law: accelerated proceedings (Peter Wysk), public participation (Hans-Joachim Koch) and Europeanisation (Jörg Berkemann). In his introduction, Ivo Appel presents a short introduction to the concept of administrative legal science as a managing science. The contribution by Jochen Wagner offers an overarching thematic connection from a philosophical perspective, titled “Integration through friendship”. At the same time, he considers integration as one of the essential responsibilities of the state today.

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13

F A, Mann. 8 Public Policy. Oxford University Press, 1986. http://dx.doi.org/10.1093/law/9780198255642.003.0008.

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Comity is no less inappropriate when it is used as an equivalent to or an explanation of public policy in connection with foreign relations. If one adopts the standard of public policy it must also be said at the outset that English courts cannot and should not reject a legal consequence on the sole ground that it might embarrass the Executive in its foreign relations, nor can or should the courts give effect to a proposition merely because the Executive approves of it or would be protected from embarrassment. Public policy is at the bottom of the law relating to the use in English proceedings of documents in which a foreign State has an interest. It is public policy that determines the nature and extent of the privilege to which such documents are entitled.

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14

Aktuelle Entwicklungen im Medizinstrafrecht. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748928195.

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Medical criminal law has developed rapidly in recent years and has become much more important. The Working Group on Medical Law, together with the Düsseldorf Institute for Legal Issues in Medicine, organizes the annual Düsseldorf Medical Criminal Law Day. In this volume, this year's contributions are made available to the specialist public. The contents included current trends in medical criminal law, the representation of witnesses and companies in medical criminal proceedings, criminal law risks in connection with the digitalization of medicine, experiences from the social law prohibition of cooperation between service providers and contract physicians, MVZ constructions as a risk of criminal liability, and corporate sanctions in the healthcare sector. With contributions by Prof. Dr. Gunnar Duttge; Prof. Dr. Eric Hilgendorf; RA Dr. Ulrich Leimenstoll; RA Dr. Ingo Pflugmacher, FAMedR u. FAVerwR; RA Dr. Mathias Priewer; Prof. Dr. Karsten Scholz and Jonas Christopher Schulz.

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15

Kovalyov, Anatoliy, ed. Scientific problems of management at the macro-, meso- and microeconomic levels:Proceedings of the XIX International scientific-practical conference dedicated to the 100th anniversary of Odessa National Economic University, May 17-18, 2021. Odessa National Economic University, 2021. http://dx.doi.org/10.32680/978-966-992-589-3.

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Peculiarities of Ukraine's economic development in recent years are characterized by the process of systemic institutional transformation. Deep economic changes are taking place, new approaches to economic management are being actively formed, market management methods are being improved, European integration processes are being implemented, and Ukrainian legislation is being adapted and changed in accordance with the EU regulatory framework. The complexity and contradictions of modern transformation processes, the urgency of solving these and other problems determines the relevance and application of their comprehensive study and objective economic and legal assessment. The current challenges and unfolding of the new global economic crisis in connection with the COVID-19 pandemic require a rethinking of the ongoing socio-economic processes and the adoption of adaptive or, in some cases, radical decisions in governing the country and protecting its national interests. The conference proceedings are aimed at scientists, graduate students and students of economic specialties of higher education institutions, as well as specialists of economic departments of enterprises and organizations.

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16

Nyquist, Mary. Base Slavery and Roman Yoke. Edited by Lorna Hutson. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199660889.013.35.

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Unlike ‘race’, with which ‘slavery’ is often associated in today’s society, early modern language relating to servitude is under-investigated. Using Shakespeare’s dramatic works as its primary archive, this chapter explores two forms of extra-legal slavery which, it is argued, facilitate discursive exchange between intra-European or intra-British modes of degradation and those employed in Anglo-colonialism. It begins with a study of ‘slave’ as a status-based pejorative that can be differentiated from ‘villain’ and ‘peasant’, and understood in connection with the Vagrancy Act of 1547, which introduced a form of penal ‘slavery’. The second extra-legal form of slavery, war slavery, is explored as part of the dramatic action of Titus Andronicus and Cymbeline, and with reference to debates on Anglo-colonialism.

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17

Annabelle, Möckesch. Part 2 Determining the Applicable Attorney–Client Privilege Standard, 8 Applicable Privilege Standard in International Commercial Arbitration. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198795865.003.0008.

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This chapter contains an analysis of the most appropriate way to determine the applicable attorney–client privilege standard in international commercial arbitration. To this end, this chapter deals with the characterization of privilege as substantive or procedural, the legal framework for attorney–client privilege in international commercial arbitration, international mandatory rules of law, and the enforcement regime under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Against this background, the chapter includes an analysis of the possible approaches to determining the privilege standard. These include the application of general principles of law, the application of a single national law determined through a choice-of-law approach such as the closest connection test, the cumulative application of several national laws, and the creation of an autonomous standard defining the scope of attorney–client privilege. Lastly, the chapter examines whether corrective measures, such as the lowest common denominator approach or the most protective rule, are needed to ensure equal treatment of the parties and fairness of the proceedings. This chapter concludes with key findings on how to determine the applicable attorney–client privilege standard in international commercial arbitration.

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18

Kupelyants, Hayk. Jurisdiction and Cognate Matters. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198807230.003.0004.

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Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.

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19

Hayk, Kupelyants. 3 Jurisdiction and Cognate Matters. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198807230.003.0004.

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Chapter 3 examines the international jurisdiction in sovereign debt disputes and particularly the following matters: service of proceedings; the jurisdiction under the Brussels Regulation, the jurisdiction under English national rules; individual standing of beneficial bondholders; class actions. The chapter also examines the issue of pre-emptive strikes in sovereign debt litigation, in other words whether private creditors may initiate legal actions before the conclusion of the sovereign debt restructuring and how courts may constrain such litigation. The chapter argues that the English courts may stay proceedings if they are brought in contravention of the powers of bondholders under majority action clauses. The chapter lastly addresses the issue of whether the majority may modify the bonds after the English court has issued a judgment.

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20

Sime, Stuart. 1. Introduction. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.0013.

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The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

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21

Sime, Stuart. 1. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.0013.

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The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

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22

Sime, Stuart. 1. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.0013.

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The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.

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23

Marcus, Smith, and Leslie Nico. Part II The Transfer of Intangible Property, 16 Assignments under Section 136 of the Law of Property Act 1925. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198748434.003.0016.

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This chapter focuses on section 136 of the Law of Property Act 1925, which entitles an assignee of a debt or other legal chose in action to recover it by way of proceedings brought in his own name, provided the conditions of the section are met. For an assignment to fall under section 136, the assignment must be of a debt or other legal chose in action; the assignment must be absolute and not purport to be by way of charge only; the assignment must be in writing under the hand of the assignor; and the debtor must be given express notice in writing of the assignment. Section 136 has no effect in rendering assignable choses that could not otherwise be assigned in equity, nor does it have the effect of expanding the circumstances in which a chose in action can properly be assigned.

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24

Witting, Christian. 25. Capacity and parties. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.003.0025.

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This chapter examines the issues of capacity and parties in tort law. It explains that capacity refers to the status of legal persons and their ability to sue or be sued in tort and that a claimant’s injury might be caused by more than one person. This chapter also mentions that any person successfully sued in tort can seek contribution from other joint or concurrent tortfeasors and this can be done in the course of the original action commenced by the claimant, or in separate proceedings between tortfeasors.

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25

Annabelle, Möckesch. Part 1 Comparative Overview of Concepts of Attorney–Client Privilege, 3 England and Wales. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198795865.003.0003.

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This chapter follows the structure of the previous chapter. It gives a brief introduction to the Woolf Reform and the Civil Procedure Rules, which regulate the conduct of civil court proceedings and are based to a large extent on Lord Woolf’s recommendations. The chapter then briefly sets out the course of a lawsuit and presents the taking of evidence in civil litigation in the pre-action, the pre-trial, and the trial phase. Lastly and most importantly, the chapter explores legal professional privilege, which has two sub-heads under English law: legal advice privilege and litigation privilege.

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26

James H, Carter, and Fellas John, eds. International Commercial Arbitration in New York. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198753483.001.0001.

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New York is a leading venue for international commercial arbitration, home to the headquarters of the International Centre for Dispute Resolution, the international branch of the American Arbitration Association, and many leaders in the international arbitration field. New York also serves as the locus of several prominent arbitration firms’ central offices. This book encompasses five years of developments in New York and other U.S. international arbitration law since the first edition appeared. Every chapter has been updated, and the new edition includes an entirely new chapter on the legal and practical aspects of conducting an arbitration hearing in New York, covering such subjects as rights to appear as a representative of a party, subpoenas to compel attendance of witnesses, confidentiality of proceedings, and witness testimony and instructions. Each chapter elucidates a vital topic, including the existing New York legal landscape, drafting considerations for clauses designating New York as the place of arbitration, and material and advice on selecting arbitrators. The book also covers a series of topics at the intersection of the arbitral process and the New York courts, including jurisdiction, enforcing arbitration agreements, obtaining preliminary relief, and discovery. Class action arbitration, challenging and enforcing arbitral awards, and biographical materials on New York-based international arbitrators are also included.

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27

Sime, Stuart. A Practical Approach to Civil Procedure. 24th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844521.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 2) Rules 2021 and the 129th Update. Changes incorporated into the new edition include: Pre-action protocol for small claim road traffic accident cases and the new PD 27B; procedural aspects of the tariff system for whiplash injuries under the Civil Liability Act 2018; recent case law on service of claim forms and particulars of claim; revised rules on costs management; changes to the rules on statements of truth; revisions to the chapter on summary judgment, including the cheque rule and the approach taken in summary judgment applications for discretionary remedies; replacement PD 51U on disclosure of documents in the Business and Property Courts; case law developments on legal professional privilege and without prejudice privilege; developments on search orders, and case law on imaging orders; further guidance on remote hearings; and debt respite procedures.

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