Your Status: Logged out Log in

"Civil procedures must lead to the correct application of the law to the true facts and nothing else." Discuss.  

Member rating: No Rating | Words: | Submitted: Mon Jun 19 2006

Page Preview
Preview
Previous 1 of 3 Next

On the left is an image preview of every page of this document, and below are the first 150 words with formatting removed:

* "Civil procedures must lead to the correct application of the law to the true facts and nothing else." Discuss. This statement, mirroring Jeremy Bentham's beliefs, implies that there is only one objective within civil procedures, that is, that the system must lead to the correct application of the law to the true facts, and nothing else. The traditional view of the aims of the civil procedure focuses on truth finding. According to Bentham the "direct end of procedure is rectitude of decision, that is, the correct application of the substantive law to the true facts." (Zuckerman) In this essay one will ascertain whether the discovery of truth must be the only consideration within civil procedures or are there other aspects that are as important. No one can doubt that an important aspect of the civil procedure is the discovery of truth. After all, if the law is correctly applied to...

To see the full version of this document, and 144,847 others

Register Now