Phases of German Civil Procedure II

Kaplan, Benjamin J.; Mehren, Arthur Taylor von; Schäfer, Rudolf

doi:10.2307/1337922

Cited by 13 publications

(10 citation statements)

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“…The underlying rationale is that a meritorious claim should not fail simply because a party lacks a lawyer. To achieve the goal of substantial justice, the judge's duty of clarification has been suggested to be the Magna Carta of continental civil procedure (Kaplan et al. 1958:1224).…”

Section: Discussionmentioning

confidence: 99%

“…Many also hold a masters, even a doctoral, degree from foreign law schools. In summation, civil litigation in Taiwanese courts may not be as dramatic as U.S. jury trials but it certainly is conducted in a highly structured adversarial forensic proceeding, which is governed by German‐style modern rules of procedure and evidence (Kaplan et al. 1958; Kaplan 1960; von Mehren 1988).…”

Section: Introductionmentioning

confidence: 99%

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How Legal Representation Affects Case Outcomes: An Empirical Perspective from Taiwan

Huang

2008

J Empirical Legal Studies

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Since the late 1980s, interdisciplinary scholars have conducted several empirical studies to examine to what extent legal representation affects case outcomes. Yet most of these empirical endeavors concentrate on legal representation in informal proceedings. This article revisits this question and reports the result of an independent empirical study using the official data on more than 100,000 civil cases terminated in Taiwan from 2000 to 2006. This study shows that cases are most unlikely to be settled when both parties are represented, while parties are most likely to settle a case when neither is represented. This study also shows that legal representation has no significant bearing on the case outcomes when the parties go to trial. A representation selection effect is proposed to explain these empirical results. This article argues that parties are quite apt to make deliberate and reasonable decisions on whether to seek legal representation in Taiwan and that the continental judge's active role in the adjudication process helps to explain why pro se litigants fare reasonably well in formal litigation. This study suggests that the influence of lawyers on how a case is disposed of in Taiwan may not be as strong as their colleagues' influence in the United States.

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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

How Legal Representation Affects Case Outcomes: An Empirical Perspective from Taiwan

Huang

2008

J Empirical Legal Studies

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“…the inability of static cross country analysis such as LOT's to capture the economic effect of legal changes over time Armour et al 2007, Chaps. LOT's and DB's method of measuring comparative efficiencies of common law and civil law judiciaries exclusively based on data of the duration of court procedures obtained from international networks of law firms, which masks the basic cost and time inefficiency of lawyer-dominated common law procedure lamented by the most authoritative American scholars of comparative civil procedure (Kaplan et al 1958; and eminent authors of proposals for reform of English civil procedure (Lord Woolf 1996;Lord Jackson 2009, Chap. 3, 5, 15, and 18) 3. the lack of detailed legal analysis of shareholder protection rules of substantive corporate law in countries central to LOT's assertion of common law superiority for financial markets (Cools 2005;Braendle 2005) 4.…”

Section: Problems Of Political Science Sociology Economics Law Andmentioning

confidence: 99%

“…If combined, these indicators reveal very different balances, which the two traditions strike between the role of judges and lawyers as providers of legal knowledge relevant for the issue in controversy and as managers of the pace of procedure. Whereas this rule is the most distinctive maxim of civil procedure in most civil law countries, it is not part of the English legal tradition, which assigns responsibility for the correct legal analysis of the case to the parties' lawyers (Kaplan et al 1958;van Rhee 2005). Line 1 introduces the principle jura novit curia (The Court knows the law).…”

Section: Basic Rules and Structures Of Civil Proceduresmentioning

confidence: 99%

“…Judgemanaged civil procedure offers major functional advantages over lawyer dominated common law procedure as recognized by the most authoritative voices of American comparative law (Pound 1906;Kaplan et al 1958;Frankel 1975; and of procedural reform in the UK (Lord Woolf 1996; Lord Jackson 2009), but ignored by LOT. Judgemanaged civil procedure offers major functional advantages over lawyer dominated common law procedure as recognized by the most authoritative voices of American comparative law (Pound 1906;Kaplan et al 1958;Frankel 1975; and of procedural reform in the UK (Lord Woolf 1996; Lord Jackson 2009), but ignored by LOT.…”

Section: Open Questionsmentioning

confidence: 99%

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