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Vol 23 No 4 April/May 2018

Book of the Month

Cover of Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Williams, Mortimer and Sunnucks: Executors, Administrators and Probate

Edited by: Alexander Learmonth, Charlotte Ford, Julia Clark, John Ross Martyn
Price: £295.00

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Williams published

Fact-Finding in Civil Litigation: A Comparative Perspective

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ISBN13: 9789400000742
Published: June 2010
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £83.00

Despatched in 13 to 15 days.

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 shed 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. This book 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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Comparative Law