Fact-Finding in Civil Litigation

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 andt also examines the empirical data that shed light on the operation of procedural rules in legal practice.
Author(s):
Remme Verkerk
Series:
Ius Commune Europaeum
Volume:
85
book | published | 1st edition
June 2010 | xiv + 444 pp.

Paperback
€87.-


ISBN 9789400000742


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Details

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.

Chapters

Table of Contents (p. 0)

CHAPTER 1: INTRODUCTION (p. 1)

PART I: GENERAL HISTORIC AND COMPARATIVE INTRODUCTION

CHAPTER 2: A CONCISE HISTORY OF FACT-FINDING ON THE EUROPEAN CONTINENT (p. 11)

CHAPTER 3: FACT-GATHERING AND EVIDENCE IN ANGLO-AMERICAN LEGAL HISTORY (p. 79)

CHAPTER 4: FACT-FINDING: A CONCISE GENERAL COMPARISON (p. 139)

PART II: SPECIFIC CHAPTERS ON COMPARATIVE CIVIL PROCEDURE

CHAPTER 5: EXPERT EVIDENCE (p. 155)

CHAPTER 6: DISCOVERY AND PARTY INTERROGATION (p. 185)

PART III: COMPARATIVE CIVIL LITIGATION: IDEOLOGY, THEORY AND PSYCHOLOGY

CHAPTER 7: THE AUSTRIAN MODEL: A UTILITARIAN APPROACH TO CIVIL LITIGATION (p. 253)

CHAPTER 8: A RECONSTRUCTION OF THE U.S. MODEL: DEMOCRACY AND ADVERSARIALISM (p. 279)

CHAPTER 9: POLITICAL IDEOLOGY, DEMOCRACY AND THE DIVERSE FORMS OF PROCEDURE (p. 301)

PART IV: THE (IN)EFFICIENCY OF ADVERSARIAL JUSTICE

CHAPTER 10: THE (IN)EFFICIENCY OF ADVERSARIAL JUSTICE (p. 327)

CHAPTER 11: SUMMARY AND CONCLUSION (p. 357)

SAMENVATTING. HET ONDERZOEK NAAR DE FEITEN IN HET CIVIELE PROCES, EEN RECHTSVERGELIJKEND PERSPECTIEF (p. 371)

BIBLIOGRAPHY (p. 381)

INDEX (p. 435)

CURRICULUM VITAE (p. 441)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


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