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Author: Jessica Mant
Publisher: Bloomsbury Publishing
ISBN: 1509947361
Category : Law
Languages : en
Pages : 191
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Book Description
This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.
Author: Jessica Mant
Publisher: Bloomsbury Publishing
ISBN: 1509947361
Category : Law
Languages : en
Pages : 191
Get Book Here
Book Description
This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.
Author: Jaclyn L. Neo
Publisher:
ISBN: 9789811492761
Category : Pro se representation
Languages : en
Pages : 177
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Book Description
Author: Family Justice Review
Publisher: The Stationery Office
ISBN: 9780108510557
Category : Law
Languages : en
Pages : 234
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Book Description
The legal framework of family justice in England and Wales is strong. Its principles are right, in particular the starting point that the welfare of children must be paramount. Every year 500,000 parents and children are involved in the system. But the system is under great strain: cases take far too long (the average case took 53 weeks in 2010); too many private law disputes end up in court; the system lacks coherence; there is growing mistrust leading to layers of checking and scrutiny; little mutual learning or feedback; a worrying lack of IT and management information. The Review's recommendations aim: to bring greater coherence through organisational change and better management; making the system more able to cope with current and future pressures; to reduce duplication of scrutiny to the appropriate level; and to divert more issues away from the courts. The chapters of the review cover: the current system; the proposed Family Justice Service; public law; private law; financial implications and implementation; and there are eighteen annexes. The proposals are now out for consultation, with the final report due in autumn 2011.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Trevor C.W. Farrow
Publisher: UBC Press
ISBN: 0774863609
Category : Law
Languages : en
Pages : 369
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Book Description
Unfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. The Justice Crisis assesses what is and isn’t working in an effort to improve a fundamental right of democratic citizenship: access to civil and family justice. Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren’t only tied to the courts and lawyers – such as public education on the law, alternative dispute settlement, and paralegal support – is therefore an important concern. Contributors to this wide-ranging overview of new empirical research address several key justice issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system. Their findings can inform initiatives to improve access to justice within the Canadian system and beyond.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1509950982
Category : Law
Languages : en
Pages : 283
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Book Description
Does a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.
Author: Mavis Maclean
Publisher: Bloomsbury Publishing
ISBN: 1782259716
Category : Law
Languages : en
Pages : 465
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Book Description
Family justice requires not only a legal framework within which personal obligations are regulated over the life course, but also a justice system which can deliver legal information, advice and support at times of change of status or family stress, together with mechanisms for negotiation, dispute management and resolution, with adjudication as the last resort. The past few years have seen unparalleled turbulence in the way family justice systems function. These changes are associated with economic constraints in many countries, including England and Wales, where legal aid for private family matters has largely disappeared. But there is also a change in ideology in a number of jurisdictions, including Canada, towards what is sometimes called neo-liberalism, whereby the state seeks to reduce its area of activity while at the same time maintaining strong views on family values. Legal services may become fragmented and marketised, and the role of law and lawyers reduced, while self-help web based services expand. The contributors to this volume share their anxieties about the impact on the ability of individuals to achieve fair and informed resolution in family matters.
Author: Mavis Maclean
Publisher: Edward Elgar Publishing
ISBN: 1800881401
Category : Law
Languages : en
Pages : 447
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Book Description
Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Research Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system.
Author: Tatiana Grieshofer
Publisher: Cambridge University Press
ISBN: 1009378007
Category : Language Arts & Disciplines
Languages : en
Pages : 139
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Book Description
Focusing on adversarial legal settings, this Element explores discursive practices in court proceedings which often involve unrepresented parties – private family proceedings and small claims cases. Such proceedings present the main caseload of county and family courts, but pose immense challenges when it comes to legal-lay communication. Drawing on court observations, alongside textual and interview data, the Element pursues three aims: (1) developing the methodological and theoretical framework for exploring discursive practices in legal settings; (2) establishing the link between legal-lay discourse and procedural justice; (3) presenting and contextualising linguistic phenomena as an inherent part of court research and practice. The Element illustrates how linguistic input can contribute to procedural changes and court reforms across different adversarial and non-adversarial legal settings. The exploration of discursive practices embedded in court processes and procedures consolidates and advances the existing court research conducted within the fields of socio-legal studies and forensic linguistics. This title is also available as Open Access on Cambridge Core.
Author: Great Britain: Parliament: House of Commons: Justice Committee
Publisher: The Stationery Office
ISBN: 9780215560582
Category : Law
Languages : en
Pages : 110
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Book Description
Family Courts will need to be more prepared to cope with litigants representing themselves following Government reforms to Legal Aid - MPs on the Commons Justice Committee have warned in a new report. The MPs are also calling on the Government to scrap the provisions in the Children, Schools and Families Act 2010 to allow media access to Family Courts following universal condemnation of the plans. The report recommends that Ministers reformulate proposals to increase transparency in Family Courts putting the views of children centre stage. The committee rejects the Family Justice Panel's Interim Report recommendation that a statement be introduced into legislation to "reinforce" the importance of a child having a meaningful relationship with both parents. The MPs believe it ought to be obvious to the courts, and to parents, that a child deserves a meaningful relationship with both parents but that inclusion of a statement in the law could create confusion and the mistaken impression the law had changed. The committee also calls on judges to reduce the costs and delays in case management associated with expert reports. Judges should be encouraged to, where possible, insist on joint reports and require clear explanations of why additional assessments are needed, ensuring the parties' solicitors work together to reduce the number of questions for the expert. Government plans to fold Cafcass into the proposed new Family Justice Service do not go far enough, according to the report. The committee calls for this to be the first step in a series of reforms designed to transform the body into a less process-driven, more child focused and integral part of family justice.
