Concepts & Insights Series: Civil Procedure
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For those who cannot privately order their disputes, there are two public interests. The first is to provide a public resolution such that future similarly situated disputants may be better able to anticipate what are the likely outcomes should they proceed to litigation. The second is to provide finality so that the disputants may get on with their affairs.
The central thrust of this book will be to examine the overall structure of public dispute resolution through six basic concepts: 1)rudimentary fairness and the trade off between equity and efficiency; 2)defining the parameters of a dispute in terms of the presentation of issues and the obtaining of information; 3)defining the scope of the dispute in terms of parties, particularly as the judicial system confronts increasingly complex litigation; 4) defining the power of the courts; 5) securing finality; and 6) the costs of procedure.
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|Edition||3rd ed., 2012|