Contempt of court

著者

書誌事項

Contempt of court

C.J. Miller

Clarendon Press, 1989

2nd ed

大学図書館所蔵 件 / 全17件

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内容説明・目次

内容説明

This book combines an account of cases of contempt of court with a balanced assessment of the existing law and the need for change. This is a second edition of a book first published in 1976 and follows developments in the law of contempt and a new Contempt of Law Act 1981. The areas of contempt in the face of the court and contempt by scandalizing the court are covered and examples are given of conduct which may constitute a contempt and the liability of particular classes of individuals. The book has been cited in a number of recent Australian court cases and is aimed at lawyers and students but could be a useful companion for journalists and broadcasters.

目次

  • Part 1 Criminal and civil contempt of court: punishment and coercion
  • criminal safeguards in civil contempt proceedings
  • consequences of the distinction between criminal and civil contempt. Part 2 Procedure and jurisdiction in cases of criminal contempt: contemporary procedure and jurisdiction
  • the reception of the summary process into the United States and subsequent developments. Part 3 Contempt in the face of court: circumstances in which the summary jurisdiction may be exercised
  • procedural safeguards
  • examples of contempt in the face of the court
  • "mens rea"
  • reforming the summary process
  • other methods of dealing with disruptive behaviour. Part 4 Contempt through interfering with particular legal proceedings - some general considerations: the requirements of the due administration of justice
  • the scope of the strict liability rule
  • the relationship of the rule to common law contempts
  • the test of liability. Part 5 The period during which proceedings are sub judice or active: criminal and civil proceedings
  • proceedings before tribunals and other bodies. Part 6 Contempt in relation to particular criminal proceedings: contempt in relation to proceedings before and during the trial and on appeal
  • defences and qualifications to liability. Part 7 Contempt in relation to particular civil proceedings and proceedings in tribunals: civil proceedings
  • proceedings before tribunals. Part 8 The sub judice rule: "mens rea" and the scope of responsibility: "mens rea"
  • the liability of particular classes of individuals - newspaper reporters, editors, printers, distributors, radio and TV broadcasts. Part 9 Open justice - publicizing judicial proceedings: procedings heard in open court and in private. Part 10: victimization of jurors, witnesses and other persons after the conclusions of proceedings. Part 11: scandalizing a court or judge. Part 12 Further miscellaneous categories of contempt: obstructing persons officially connected with the court or its process
  • forging, altering or abusing the process of the court
  • divulging the confidences of the jury room. Part 13 Civil contempt of court: Disobedience of an order other than an order for the payment of the sum of money
  • general considerations - practice, procedure and powers of the courts
  • disobedience of an order for the payment of a sum of money.

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