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
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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: 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.
Author: Scott Dodson
Publisher: Oxford University Press, USA
ISBN: 0199965226
Category : Law
Languages : en
Pages : 195
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Book Description
In Civil Procedure: Model Problems and Outstanding Answers, Second Edition, Scott Dodson helps students demonstrate their knowledge of civil procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions to the major topics in civil procedure and includes the fact patterns and model answers most often found on Civil Procedure tests, followed by a comprehensive self-analysis section, giving students the opportunity to evaluate their own work. It prepares students by challenging them to use the law they learn in class while also explaining the way to best express the answer on law school exams. This second edition has been updated to reflect recent changes to the federal rules of civil procedure.
Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190659866
Category : Law
Languages : en
Pages : 1034
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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: Seokwoo Lee
Publisher: BRILL
ISBN: 9004415823
Category : Law
Languages : en
Pages : 343
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Book Description
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold: First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies. The 2017 edition of the Yearbook is a special volume that has articles highlighting current international legal issues facing particular Asian states.
Author: Oshisanya, 'lai Oshitokunbo
Publisher: Almanac Foundation
ISBN: 9785120015
Category : Law
Languages : en
Pages : 598
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Book Description
1. Justice, Administration of. 2. Evidence, Criminal.
Author: Christoph Schreuer (juriste)
Publisher: Cambridge University Press
ISBN: 0521885590
Category : Arbitration and award
Languages : en
Pages : 1599
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Book Description
This is a practice-oriented guide, including text, commentary, tables and index, for anyone dealing with the International Centre for Settlement of Investment Disputes (ICSID).
Author: Felix Frankfurter
Publisher: Da Capo Press, Incorporated
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 258
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Book Description
Author: Yuval Shany
Publisher: OUP Oxford
ISBN: 9780199211791
Category : Law
Languages : en
Pages : 256
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Book Description
The book seeks to investigate problems relating to the increased interaction between national and international courts, which have resulted in the litigation of the same legal issues before national and international judicial bodies: What is the proper order of the proceedings? Should national and international proceedings take place concurrently? What effect, if any, should be given to decisions of national court in proceedings before an international court and vice versa? In particular, the book advocates the use of judicial comity as a method for mitigating jurisdictional tensions between national and international courts.
Author: Bernard Schwartz
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777044
Category : Administrative courts
Languages : en
Pages : 392
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Book Description
Schwartz provides a masterly exposition of administrative law through a comparative study of the French droit administratif, arguably the most sophisticated Continental model. As Vanderbilt points out in his introduction, this is an important field that involves much more than administrative procedure. It deals directly with some of the most crucial issues of modern government regarding the distribution of power between governmental units, the resulting effect on the freedom of the individual and on the strength and stability of the state. Reprint of the sole edition. "[T]his book represents a significant achievement.... Unlike so many volumes that roll off the press these days, it fills a real need; and, though perhaps not the definitive work in English on the subject, it fills it extremely well." --Frederic S. Burin, Columbia Law Review 54 (1954) 1016 Bernard Schwartz [1923-1997] was professor of law and director of the Institute of Comparative Law, New York University. He was the author of over fifty books, including The Code Napoleon and the Common-Law World (1956), the five-volume Commentary on the Constitution of the United States (1963-68), Constitutional Law: A Textbook (2d ed., 1979), Administrative Law: A Casebook (4th ed., 1994) and A History of the Supreme Court (1993).
