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Evidence in Civil Law - Finland

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Release : 2015
Genre : Law in general. Comparative and uniform law. Jurisprudence
Kind : eBook
Book Rating : 471/5 ( reviews)

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Book Synopsis Evidence in Civil Law - Finland by : Riikka Koulu

Download or read book Evidence in Civil Law - Finland written by Riikka Koulu. This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt:

Dimensions of Evidence in European Civil Procedure

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Release : 2015-12-29
Genre : Law
Kind : eBook
Book Rating : 653/5 ( reviews)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec. This book was released on 2015-12-29. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Civil Procedure in Finland

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Author :
Release : 2016
Genre : Law
Kind : eBook
Book Rating : 402/5 ( reviews)

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Book Synopsis Civil Procedure in Finland by : Johanna Niemi

Download or read book Civil Procedure in Finland written by Johanna Niemi. This book was released on 2016. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Finland. Lawyers who handle transnational matters will appreciate the book's clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Finland will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Outsourcing Legal Aid in the Nordic Welfare States

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Release : 2017-12-21
Genre : Social Science
Kind : eBook
Book Rating : 844/5 ( reviews)

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Book Synopsis Outsourcing Legal Aid in the Nordic Welfare States by : Olaf Halvorsen Rønning

Download or read book Outsourcing Legal Aid in the Nordic Welfare States written by Olaf Halvorsen Rønning. This book was released on 2017-12-21. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. This edited collection provides a comprehensive analysis of the differences and similarities between civil legal aid schemes in the Nordic countries whilst outlining recent legal aid transformations in their respective welfare states. Based on in-depth studies of Norway, Sweden, Finland, Denmark, and Iceland, the authors compare these cases with legal aid in Europe and the US to examine whether a single, unique Nordic model exists. Contextualizing Nordic legal aid in relation to welfare ideology and human rights, Hammerslev and Halvorsen Rønning consider whether flaws in the welfare state exist, and how legal aid affects disadvantaged citizens. Concluding that the five countries all have very different legal aid schemes, the authors explore an important general trend: welfare states increasingly outsourcing legal aid to the market and the third sector through both membership organizations and smaller voluntary organizations. A methodical and compassionate text, this book will be of special interest to scholars and students of the criminal justice, the welfare state, and the legal aid system.

Rethinking Nordic Courts

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Release : 2021-08-01
Genre : Law
Kind : eBook
Book Rating : 510/5 ( reviews)

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Book Synopsis Rethinking Nordic Courts by : Laura Ervo

Download or read book Rethinking Nordic Courts written by Laura Ervo. This book was released on 2021-08-01. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines whether a distinctly Nordic procedural or court culture exists and what the hallmarks of that culture are. Do Nordic courts and court proceedings share a distinct set of ideas and values that in combination constitute the core of a regional legal culture? How do Europeanisation, privatisation, diversification and digitisation influence courts and court proceedings in the Nordic countries? The book traces the genesis and formation of Nordic courts and justice systems to provide a richer comprehension of contemporary Nordic legal culture, and an understanding of the relationship between legal cultural stability and change. In answering these questions, the book provides models for conceptualising procedural culture. Nordic procedural culture has partly developed organically and is partly also the product of deliberate efforts to maintain a certain level of alignment between the Nordic countries. Studying Nordic cooperation enables us to gain a deeper understanding of current regional, European and global harmonisation processes within procedural law. The influx of supranational European law, increased use of alternative dispute resolution and growth in regulation density that produces a conflict between specialisation and coherence, have tangible impact on the role of courts in a democratic society, the form of court proceedings and court structures. This book examines whether and why some trends exert more tangible, or perhaps simply more perceptible, influence on procedural culture than others.

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