Academic literature on the topic 'Instrumentalization of trial'
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Journal articles on the topic "Instrumentalization of trial":
Szymczyk-Urwentowicz, Natalia. "The concept of abuse of process rights and the criminal process." Probacja 4 (December 31, 2022): 15–37. http://dx.doi.org/10.5604/01.3001.0016.1254.
Núñez Pardo, Astrid. "Indelible Coloniality and Emergent Decoloniality in Colombian-Authored EFL Textbooks: A Critical Content Analysis." Íkala, Revista de Lenguaje y Cultura 27, no. 3 (September 16, 2022): 702–24. http://dx.doi.org/10.17533/udea.ikala.v27n3a07.
Teles, Liana Mara Rocha, Camila Félix Américo, Mônica Oliveira Batista Oriá, Camila Teixeira Moreira Vasconcelos, Odaléa Maria Brüggemann, and Ana Kelve de Castro Damasceno. "Efficacy of an educational manual for childbirth companions: pilot study of a randomized clinical trial." Revista Latino-Americana de Enfermagem 26 (May 7, 2018). http://dx.doi.org/10.1590/1518-8345.2277.2996.
Dissertations / Theses on the topic "Instrumentalization of trial":
Davila, Valdiviezo Charlotte. "Les stratégies contentieuses en matière civile et commerciale : étude à partir du Règlement Bruxelles I bis." Electronic Thesis or Diss., Lyon 3, 2023. http://www.theses.fr/2023LYO30032.
While the term "strategy" is rarely associated with the legal field, strategies aimed at leveraging the law to one's advantage have always existed. To shed light on this phenomenon, this thesis focuses specifically on litigation strategies that revolve around a trial as a central point.The starting assumption was the paramount importance of understanding the rules and the framework to effectively navigate towards an advantageous outcome. Rules here are broadly defined to include the legal rules of the member states and the Union, the case law of their courts, and the entire economic, political, social, and cultural context surrounding the parties and their dispute.Strategic litigation practice in the European area then warranted a detailed review of the various actors involved in the strategy (parties, national judges, European judges), as well as the history and evolution of the European Union and its law.This quest for knowledge of the rules also led us to revisit the conceptual framework and concrete achievements concerning jurisdiction in the European Union, highlighting a complex system revolving around the Brussels 1bis Regulation and a Court of Justice of the Union, both an actor and promoter of European integration.However, the development of strategies does not stop at understanding the rules but requires their anticipation and adaptation to changing realities. The choice of court then becomes a strategic maneuver, guided by both objective and subjective criteria.Reviewing European history as well as the trajectory of the strategic actors provides an opportunity to grasp their operating modes and to anticipate their actions within the context of a multicultural Europe, composed of sovereign member states. It will be about predicting legal developments, jurisprudential reversals, advantageous positions, or even actions that are likely to meet the economic or political objectives of the Union, while keeping in mind that judges can always introduce bias into the judgment process. It will also involve understanding the adversary's history in order to estimate their strengths and weaknesses to adjust the strategy accordingly.However, there is no single path to the success of a litigation strategy: the success of a strategy largely depends on the perception of the litigant, their objectives and expectations. The choice of jurisdiction can then be made based on the procedural guarantees offered, the predictability of the decision, or the application of specific rules attached to the forum.The litigation strategy can also involve breaking away from this scheme to seek an alternative resolution through amicable methods or arbitration.While the strategic approach may be tempted to free itself from ethical or moral constraints by using maneuvers that pervert the purpose of the texts, it is essential to remember that a strategy can be both profitable and virtuous. Failing this, national and European judges will play their role as safeguards of the system's integrity
Book chapters on the topic "Instrumentalization of trial":
Geller, Jay. "The Raw and the Cooked in the Old/New World, or Talk to the Animals." In Bestiarium Judaicum. Fordham University Press, 2017. http://dx.doi.org/10.5422/fordham/9780823275595.003.0008.
Baczko, Adam. "The US Army." In The Taliban Courts in Afghanistan, 99–126. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780198896777.003.0005.