Introduction to Law

found in the ancient principle that all proceedings should come to an end at some point (lites finiri oportet). Modern procedura ...

Legal Aid Some procedural facilities could be seen as a material approach to the problem of equality of arms. State-funded legal ...

procedure therefore means to strike a proper balance between written and oral forms of procedure. Principle of ImmediacyClosely ...

and drafting of judgments. In some civil law jurisdictions, for instance, great importance is attached to the fiction that the j ...

agreement with the spirit of Article 6 ECHR, the pronouncement in public has been substituted by the much more effective right g ...

13.4 Some General Aspects of Procedures Rules regulating legal procedures change all the time, but it is not only for that reaso ...

Jurisdictionratione materiaecould also be a matter of “internal separation of powers” within the court system. It is probably be ...

but sometimes he will lack an interest that is sufficient to commence proceedings. All these questions are covered by what is ca ...

Legal representation is often monopolized by recognized specialists. This recognition can take the form of providing facilities ...

claim is called “fact pleading.” When factual details can be left out (like in the United States), the term “notice pleading” is ...

13.4.5.1 Trial In common law jurisdictions, a tricky word has been coined to indicate this second stage of investigating the fac ...

13.4.5.5 Juries When fact finding is over, the decision about the facts that indeed have been established has to be made. Some j ...

There are still jurisdictions in which photographs and digital media can only be introduced by using detours like an expert’s or ...

Usually, the claimant has to prove all disputed statements on which his claim is based, while the disputed facts underpinning th ...

It should be emphasized that neither the inquisitorial nor the adversarial system in their pure forms are to be found anywhere. ...

13.4.8.1 Appeal Appeals can be dealt with in two different ways, either as a review of the first instance decision or as a new a ...

Philosophy of Law 14 Jaap Hage 14.1 What Is Philosophy of Law? Otherwise than, for instance, private law, constitutional law, or ...

Riggs v. Palmer, 115 N.Y. 506 (1889) Francis Palmer made a last will in 1880 in which he left most of his large estate to his gr ...

14.2.1.1 The Concept of Law This view on the law has been elaborated by the English philosopher of law Herbert Hart (1907–1993). ...

that this characterization is a purely factual statement, which is in principle amena- ble to falsification. Hart did not claim ...