Foreword | p. xiii |
Preface | p. xvii |
Acknowledgments | p. xxv |
Summary | p. xxi |
Civil Justice: An Introduction | p. 1 |
The Purpose of Civil Justice | p. 2 |
The Theme of This Book: Civil Justice That Is Just, Speedy, Inexpensive, and Accessible to All | p. 3 |
The State of Civil Justice in the United States, Germany, and Korea | p. 5 |
The State of American Civil Justice | p. 6 |
The State of German Civil Justice | p. 8 |
The State of Korean Civil Justice | p. 9 |
The Facts of the Hypothetical Case | p. 10 |
Legal Method: Thinking Like a Lawyer | p. 13 |
Sources of Law Generally | p. 16 |
Statute Law | p. 17 |
Precedents (Case Law) | p. 17 |
Statutes versus Precedents | p. 18 |
United States | p. 19 |
Statutes in the United States | p. 20 |
Precedents in the United States | p. 20 |
Preeminence of Statutes | p. 21 |
Germany | p. 22 |
Statutes in Germany | p. 22 |
Precedents in Germany | p. 23 |
Korea | p. 23 |
Statutes in Korea | p. 23 |
Precedents in Korea | p. 24 |
Lawyers and Legal Systems: Access to Justice | p. 25 |
United States | p. 28 |
Access to Justice in the United States | p. 28 |
The Cost of Lawyer Representation in the United States | p. 32 |
Representing Roll in the United States: Is a Lawsuit Worth It for Roh? | p. 35 |
Legal Professions in the United States | p. 37 |
Germany | p. 43 |
Access to Justice in Germany | p. 43 |
The Cost of Lawyer Representation in Germany | p. 45 |
Representing Roll in Germany: Is a Lawsuit Worth It for Roh? | p. 47 |
German Legal Professions | p. 48 |
Korea | p. 52 |
Access to Justice in Korea | p. 52 |
Cost of Legal Representation in Korea | p. 53 |
Representing Roh in Korea: Is a Lawsuit Worth It for Roh? | p. 55 |
Korean Legal Professions | p. 56 |
Comparative Statistics | p. 60 |
The Court: Jurisdiction and Applicable Law | p. 62 |
Jurisdiction Generally | p. 63 |
Subject Matter Jurisdiction | p. 64 |
Personal Jurisdiction | p. 64 |
United States | p. 65 |
American Courts | p. 65 |
Subject Matter Jurisdiction | p. 67 |
Personal Jurisdiction | p. 68 |
Historical Note: Jurisdiction from Power to Authority | p. 70 |
Applicable Law in American Courts | p. 74 |
Forum Shopping | p. 75 |
Jurisdiction in Roh v. Doh | p. 77 |
Germany | p. 80 |
German Courts | p. 80 |
Subject Matter Jurisdiction | p. 81 |
Personal Jurisdiction | p. 82 |
Applicable Law in Germany | p. 84 |
Korea | p. 84 |
Korean Courts | p. 84 |
Subject Matter Jurisdiction | p. 5 |
Personal Jurisdiction | p. 85 |
Applicable Law in Korea | p. 86 |
Pleading: The Matter in Controversy | p. 87 |
Pleading Generally | p. 88 |
Purposes of Pleading | p. 89 |
Limits on Pleading - The Interdependency of Law and Facts | p. 90 |
United States | p. 91 |
Contemporary American Pleading | p. 91 |
American Pleading in Historical Perspective | p. 94 |
Joinder of Claims and of Parties | p. 96 |
Handling Complaints | p. 98 |
The Complaint and Answer in Roh v. Doh | p. 100 |
Germany | p. 105 |
Substantive Requirements of Complaints | p. 105 |
Formal Requirements of Complaints | p. 107 |
Complaint and Response in Roh v. Doh | p. 107 |
Joinder of Claims, Splitting of Claims, and Joinder of Parties | p. 110 |
Handling Complaints | p. 111 |
Korea | p. 114 |
Substantive Requirements of Complaints | p. 114 |
Formal Requirements of Complaints | p. 116 |
Joinder of Claims and Parties | p. 116 |
Handling Complaints | p. 117 |
Process: The Right to be Heard | |
Process and the Right to be Heard | p. 122 |
A Remarkable Contrast in Process | p. 122 |
Dispelling Popular Misconceptions: Day in Court or Inquisition | p. 123 |
United States | p. 125 |
The Vanishing Trial | p. 125 |
Pretrial Discovery | p. 128 |
Discovery in Roh v. Doh | p. 143 |
Discovery's Flaws | p. 147 |
Three Perspectives on Pretrial Discovery | p. 149 |
Pretrial Conferences | p. 156 |
Motions for Summary Judgment | p. 158 |
The Trial Model | p. 160 |
Germany | p. 168 |
The Nature of German Civil Process: Judgment as Goal of Process | p. 170 |
The Process in Outline | p. 172 |
The Oral Hearing and the Right to he Heard | p. 174 |
Taking of Proof | p. 181 |
Process in Roh v. Doh | p. 184 |
Korea | p. 192 |
The Nature of Korean Civil Process | p. 193 |
The Process in Outline | p. 196 |
Judgments, Appeals, and Outcomes | p. 200 |
Judgments and Appeals Generally | p. 201 |
Judgments | p. 202 |
Appeals Generally | p. 208 |
United States | p. 210 |
Judgments | p. 211 |
Judgment in Roh v. Doh | p. 213 |
Jurors' Decisions According to Law | p. 214 |
Neglect of Syllogisms in American Law | p. 219 |
Appeals | p. 224 |
Germany | p. 226 |
Judgments | p. 226 |
Reasoned Grounds for Decision: Applying Law to Facts | p. 228 |
Judgment in Roh v. Doh and Assuring Open Courts Ace | p. 229 |
Appeals | p. 237 |
Korea | p. 237 |
Judgments | p. 238 |
Appeals | p. 241 |
Roh v. Doh: Comparative Outcomes | p. 241 |
Can Roh Lose while Winning? | p. 241 |
Unsettling Settlements | p. 246 |
Conclusion: Ten Insights for Civil Justice Reform | p. 249 |
Appendix: Historical Notes on Legal and Political Unity | p. 260 |
United States | p. 260 |
History of American Civil Procedure - Three Tries for Reform | p. 263 |
Using American Civil Justice to Make and Enforce Public Law | p. 265 |
Germany | p. 269 |
The Social Market Economy | p. 271 |
History of German Civil Procedure - Refining a Good Choice | p. 271 |
Nazi Takeover of German Civil Justice | p. 272 |
Korea | p. 276 |
Modem and Traditional Korean Law | p. 277 |
Civil Procedure - Realizing the 1987 Rule of Law Revolution | p. 278 |
Foreign Influences on Contemporary Korean Civil Procedure | p. 279 |
Rejection of American and Renewal of German Influence? | p. 280 |
Bibliographic Notes | p. 283 |
Introductions to Legal and Civil Justice Systems | p. 283 |
Critiques of American Civil Justice | p. 287 |
Index | p. 301 |
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