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NCJ Number: 50411 Find in a Library
Title: FIFTH ANGLO-AMERICAN EXCHANGE - SOME OBSERVATIONS
Journal: JUDICATURE  Volume:61  Issue:7  Dated:(FEBRUARY 1978)  Pages:327-331
Author(s): I R KAUFMAN
Corporate Author: American Judicature Soc
United States of America
Date Published: 1978
Page Count: 5
Sponsoring Agency: American Judicature Soc
Chicago, IL 60601-7401
Format: Article
Language: English
Country: United States of America
Annotation: THE LEADER OF AN AMERICAN TEAM OF JUDGES AND LAWYERS WHO VISITED BRITAIN TO STUDY THE BRITISH APPELLATE SYSTEM DISCUSSES THE LESSONS LEARNED BY BOTH THE AMERICAN AND THE BRITISH DELEGATIONS IN THE EXCHANGE VISIT.
Abstract: A BRITISH DELEGATION'S LATER VISIT IS ALSO SUMMARIZED BRIEFLY. EARLIER EXCHANGES ORGANIZED BY THE INSTITUTE FOR JUDICIAL ADMINISTRATION FOCUSED ON APPELLATE PROCEDURES, CRIMINAL JUSTICE, JUDICIAL REVIEW OF ADMINISTRATIVE ACTION, AND CIVIL LITIGATION. THE FIFTH EXCHANGE AGAIN ADDRESSED THE TOPIC OF APPELLATE PROCEDURES, SEEKING TO DETERMINE WHETHER ANY LESSONS FROM THE EARLIER EXCHANGE ON THE SAME TOPIC HAD BEEN APPLIED. THE SAME ISSUE -- THE BALANCE BETWEEN WRITTEN AND ORAL ADVOCACY -- DOMINATED BOTH EXCHANGES. DESPITE SOME MOVEMENT AWAY FROM THE TRADITIONALLY EXCLUSIVE RELIANCE ON ORAL PRESENTATION IN ENGLISH COURTS, ARGUMENTS ON APPEAL CONTINUE TO BE LENGTHY. IN CONTRAST TO THE BRITISH SYSTEM, THE PRIMARY BURDEN OF FACTUAL PRESENTATION AND LEGAL ARGUMENT IN THE AMERICAN LEGAL SYSTEM IS BORNE BY THE BRIEF. THE AMERICAN DELEGATION WAS IMPRESSED BY THE BRITISH USE OF A CENTRAL ADMINISTRATIVE AND LEGAL STAFF, PARTICULARLY IN THE AREA OF CRIMINAL APPEALS. SCRUTINY OF THE BRITISH CRIMINAL APPELLATE SYSTEM POINTED UP THE CHARACTER OF WRITTEN CONSTITUTIONAL LIMITATIONS ON THE LEGAL ORDER. ISSUES THAT ARE THE STAPLE OF CRIMINAL APPEALS IN THE UNITED STATES ARE NONEXISTENT IN ENGLAND. BRITISH JUDICIAL REVIEW CAN ENCOMPASS THE TOTALITY OF EARLIER PROCEEDINGS, RATHER THAN BEING CONFINED TO REVERSIBLE ERROR. BOTH DELEGATIONS NOTED THE INCREASING FREQUENCY WITH WHICH THE COURTS MUST DEAL WITH COMPLEX, TECHNICAL CASES. (LKM)
Index Term(s): Appeal procedures; Appellate courts; Great Britain/United Kingdom; Institute for Judicial Administration; United States of America
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50411

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