Res Judicata and Double Jeopardy PDF Download
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Author: Paul Anthony McDermott
Publisher:
ISBN: 9781854758514
Category : Double jeopardy
Languages : en
Pages : 315
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Book Description
The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. It pervades many areas of the law, both civil and criminal. In the area of criminal law, double jeopardy and res judicata both play a role. Double jeopardy is concerned with how many times the State can prosecute someone in respect of the same offence in an attempt to convict them. Res judicata is concerned with the extent to which the result of civil proceedings is binding on criminal proceedings and vice versa. There has been a rise of interest in res judicata in recent years and it is now one of the most rapidly expanding areas of Irish law.
Author: Paul Anthony McDermott
Publisher:
ISBN: 9781854758514
Category : Double jeopardy
Languages : en
Pages : 315
Get Book Here
Book Description
The law of res judicata deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. It pervades many areas of the law, both civil and criminal. In the area of criminal law, double jeopardy and res judicata both play a role. Double jeopardy is concerned with how many times the State can prosecute someone in respect of the same offence in an attempt to convict them. Res judicata is concerned with the extent to which the result of civil proceedings is binding on criminal proceedings and vice versa. There has been a rise of interest in res judicata in recent years and it is now one of the most rapidly expanding areas of Irish law.
Author: Paul McDermott
Publisher: Bloomsbury Professional
ISBN: 9781845926427
Category : Double jeopardy
Languages : en
Pages : 0
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Book Description
The law of 'res judicata' deals with all of the circumstances in which parties are barred from litigating an issue because of the result of previous litigation. This work is divided into two main sections, the first examining the area of civil law, and the second the area of criminal law.
Author: Paul McDermott
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Richard Keller
Publisher:
ISBN:
Category : Double jeopardy
Languages : en
Pages : 746
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Book Description
Author: K. N. Chandrasekharan Pillai
Publisher: Mittal Publications
ISBN: 9788170990581
Category : Literary Criticism
Languages : en
Pages : 422
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Book Description
Author: Jay A. Sigler
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 306
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Book Description
Author: K. R. Handley
Publisher: Lexis Nexis UK
ISBN:
Category : Law
Languages : en
Pages : 460
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Book Description
The most authoritative and comprehensive book available on the limitations imposed by the doctrine of Res Judicata. Part One deals with res judicata estoppel in its three forms: cause of action estoppel, issue estoppel and the binding force of a judgment when it is the foundation of a new action. The application of these principles in specific areas of the law and the plea of autrefois acquit in criminal cases are then considered. A chapter deals with affirmative answers. Part Two deals with merger in judgment including its application in criminal cases under the plea of autrefois convict. Each Part concludes with a chapter on procedure. The final chapters deal with the extended doctrine of res judicata based on abuse of process and the doctrine of res judicata in Roman law.This edition includes coverage of significant case law including cases from Hong Kong, Malaysia, Singapore and South Africa. There is also commentary on EU legislation including the Insolvency Regulation (1346/2000) dealing with the jurisdiction and recognition of judgments in insolvency proceedings, Council Regulation No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and Council Regulation No 2201/2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial proceedings.
Author: Allan D. Vestal
Publisher:
ISBN:
Category : Res judicata
Languages : en
Pages : 604
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Book Description
Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190659866
Category : Law
Languages : en
Pages : 952
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Book Description
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Author: Lukas Vanhonnaeker
Publisher: Cambridge University Press
ISBN: 9781108746526
Category : Law
Languages : en
Pages : 0
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Book Description
In recent years, investor-state tribunals have often permitted shareholders' claims for reflective loss despite the well-established principle of no reflective loss applied consistently in domestic regimes and in other fields of international law. Investment tribunals have justified their decisions by relying on definitions of 'investment' in investment agreements that often include 'shares', while the no-reflective-loss principle is generally justified on the basis of policy considerations pertaining to the preservation of the efficiency of the adjudicatory process and to the protection of other stakeholders, such as creditors. Although these policy considerations militating for the prohibition of shareholders' claims for reflective loss also apply in investor-state arbitration, they are curable in that context and must be balanced with policy considerations specific to the field of international investment law that weigh in favor of such claims: the protection of foreign investors in order to promote trade and investment liberalization.
