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Letteratura scientifica selezionata sul tema "Judicial error – great britain – cases"

Autore: Grafiati

Pubblicato: 29 luglio 2024

Ultima modifica: 30 luglio 2024

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Articoli di riviste sul tema "Judicial error – great britain – cases"

Ustyuzhaninova, Ekaterina A. "Mediation in Public Law of Great Britain". Administrative law and procedure 6 (17 giugno 2021): 64–67. http://dx.doi.org/10.18572/2071-1166-2021-6-64-67.

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Mediation as one of alternative dispute resolution means has been successfully applied in the civil relationship sphere in Great Britain for a long time, for example, in cases on protection of consumer rights or cases involving commercial activities. Mediation is not an obligatory condition for addressing a court, refusal from mediation may lead to negative consequences for the parties in the legal expense distribution. Courts are constantly emphasizing their interest in early settlement of disputes including public law ones that are reviewed in the judicial review procedure: the jurisdiction specifically designed for the verification of legality of actions and judgments of the public government.

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Logvynenko, M. I., e M. G. Shunko. "Comparative characteristics of intellectual property judges: Ukraine, United Kingdom, USA". Legal horizons, n. 23 (2020): 107–11. http://dx.doi.org/10.21272/legalhorizons.2020.i23.p107.

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The article deals with the comparative characterization of specialized courts for the protection of intellectual property rights in Ukraine and developed foreign countries, such as Great Britain and the USA. The article deals with the historical background of the creation of a specialized court on intellectual property in Ukraine, as well as the legal systems in the field of protection of intellectual property rights of Great Britain and the USA, the analysis and consideration of the current judicial systems – in the consideration of civil and criminal cases in the field of intellectual property. property, litigation of the patent authorities of England and Wales, types of specialized courts and their unique procedural features. The nuances and practice of law enforcement activities of judges in the United States, the types and levels of penalties in civil and criminal cases, as well as the divergence of lawsuits and pre-trial procedural arrangements are outlined. The article reveals the similarity of the UK and US legal systems with those currently in force in Ukraine in dealing with intellectual property cases. The identified deficiencies relate to territorial inaccessibility, instances of inconsistency, and imperfection of the judicial system, as well as the defects of the national intellectual property and legal frameworks in place in comparison with the United Kingdom and the United States of America in the field of intellectual property. After researching and analyzing the intellectual property rights protection systems of leading countries in the world, such as England and the United States of America, the conclusions were clearly drawn as to the advisability of setting up a specialized court on intellectual property in Ukraine and the risks involved.

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Гландин, Сергей, e Sergey Glandin. "FUNCTUS OFFICIO — LIMITS OF JUDICIAL DISCRETION IN COMMON LAW SYSTEM ON REVIEWING JUDICIAL ACTS AFTER THEIR PASSING AND SERVING". Journal of Foreign Legislation and Comparative Law 1, n. 4 (29 ottobre 2015): 0. http://dx.doi.org/10.12737/14271.

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As opposed to Russia, wide scope of judicial discretion is characteristic to the common law states. Recently Great Britain has started to apply in practice forwarding of draft judicial acts to the parties to the lawsuit prior to their final issuance, as a result of which the parties have an opportunity to influence the judge, which may conflict with the principles of legal certainty and independence of judges. As opposed to Russia, where judicial discretion and judges’ rights to review final judgments are statute-restricted, in England the judges’ powers are not enacted into law and are being constantly concretized by case law. For the purpose of helping domestic lawyers to prepare for such surprises, this article investigates, on the basis of a number of recent cases, the modern doctrine of functus officio, types of judiciary acts, which are reviewed after their final passing and serving to the parties, as well as the scope of judicial discretion after issuing judiciary acts, and provides answers on case law in relation to the functus officio institute.

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Bakhteyev, Dmitriy V., e Lyudmila V. Tarasova. "The application of artificial intelligence in commercial courts of the Russian Federation: perspectives and issues". Vestnik of Kostroma State University 26, n. 4 (28 gennaio 2021): 249–54. http://dx.doi.org/10.34216/1998-0817-2020-26-4-249-254.

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The article is devoted to the description of the main directions of artificial intelligence application in the Commercial courts of the Russian Federation – in analytical and organisational work, in the work on adjudication, analysis and interpretation of the rule of law, in control over the adoption and execution of court decisions, in forensic examination. The experience of using artificial intelligence systems in the judicial systems of the Great Britain, the USA, the Netherlands was analysed, and three main directions of using the AI in legal proceedings were distinguished. Based on the practice of using the AI systems, legislation, the principles of the European Ethical Charter for the use of the AI in judicial and law enforcement systems, researchers' forecasts, both the expected positive and possible negative consequences of the use of artificial intelligence in this area are indicated. Use of the AI in legal proceedings can optimise the work of the judicial system, contribute to the suppression of biased, subjective attitudes, corruption and the possibility of judicial error, and at the same time it causes some problems and risks. These include the abidance of ethical principles by the AI, the impossibility of ensuring transparency and verifiability of court decisions made by the artificial intelligence system, the lack of legislative consolidation and legality, and the protection of personal information. In the conclusion, recommendations for prevention of the negative impact of the introduction of the AI systems into arbitration proceedings are given.

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Jung, Se Jong, e Jae Poong Park. "Legal Issues and Comments on the Railway Special Judicial Police System". Korean Association of Public Safety and Criminal Justice 32, n. 3 (30 settembre 2023): 405–32. http://dx.doi.org/10.21181/kjpc.2023.32.3.405.

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This paper was designed to derive legal issues on the railway special judicial police system, present comments on them, and ultimately promote policy suggestions. The main issues can be summarized as the appropriateness of the name, the basis for the exercise of administrative police authority, competition under the jurisdiction of general police officers, and compliance with the principle of legal reservation. The legal authority of the railway police was reviewed in the order of organizational laws, administrative police laws, judicial police laws, and administrative rules. And we looked at the cases of Britain, France, the United States, and Germany and drew implications. Railway police in developed countries were given both administrative police power and judicial police power within their jurisdiction, and security guards were helping regular railway police officers. The legal problems of the current railway special judicial police system are the railway police do not have a legal basis for exercising administrative police power and the Regulations on the Execution of Duties of Railway Judicial Police Officers are only administrative rules. In this paper, five issues were derived and the following comments were developed. First, the Railway Safety Act should be revised so that railway police can exercise their administrative police rights. Second, it is necessary to upgrade the Regulations on the Execution of Duties of Railway Judicial Police Officers to the level of legal orders. Third, There is a great need to reasonably coordinate object jurisdiction and regional jurisdiction with the general police. Fourth, railroad operators should be obligated to operate security personnel. Fifth, it is desirable to reorganize the organization of the Railway Bureau of the Ministry of Land, Infrastructure and Transport.

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Radovanović, Miloš. "Motor Insurers' Bureau: Guarantee fund in the United Kingdom". Strani pravni zivot, n. 1 (2022): 153–66. http://dx.doi.org/10.5937/spz66-34574.

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Redress, in cases when the damage has been caused by uninsured or unidentified vehicle, in the United Kingdom is organized on specific manner. Task of providing compensation in such cases is entrusted to the organization Motor Insurers' Bureau (MIB). This task has been entrusted by agreements concluded between the state and MIB. Regardless of this specificity, MIB is a guarantee fund, an institute which exists in other European states. British courts expressed their stance on legal nature of MIB. Case-law of the United Kingdom earlier had considered that MIB was an institute of private law. Due to the influence of the Court of Justice of the European Union, a different stance has prevailed. Courts of Great Britain accepted arguments of the European judicial institution. Now they consider that MIB is a subject of the public law - emanation of the state. This standpoint has been implemented in the United Kingdom's law and will not be abandoned after the Brexit. The British example shows how the dilemma on the legal nature of a guarantee fund can be resolved in the country that is not a member of the European Union.

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ЕРМАКОВА, Елена Петровна. "ONLINE DISPUTE RESOLUTION PILOTS IN ENGLAND AND THE JUDICIAL REVIEW AND COURTS ACT 2022". Rule-of-law state: theory and practice 19, n. 1(71) (5 aprile 2023): 102–9. http://dx.doi.org/10.33184/pravgos-2023.1.16.

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The current task of the Russian legislature in developing new procedures for dispute resolution using modern technologies is to apply the latest experience of advanced foreign countries in this sphere. The UK is undoubtedly one of these countries. The UK’s experience in digitizing its own justice system and establishing an online court is the focus of this article. It analyzes the concept of online courts in the UK, various pilots in this field, as well as the Judicial Review and Courts Act 2022, which enshrined a number of provisions regarding online procedures; it identifies some shortcomings of the concept of online procedure and pilot projects. Purpose: based on the analysis of pilot projects reports, regulations and scientific sources to form an idea of the formation and development of online dispute resolution (ODR) procedure in courts and tribunals of Great Britain. Methods: theoretical methods of formal and dialectical logic; empirical methods of comparison, description, interpretation. Such specific scientific methods as legal-dogmatic and interpretation of legal norms are used. The study reveals that, against the background of austerity, justice in England and Wales is changing significantly through the use of technologies, which begs the question: are the fundamental principles of due process being lost in the pursuit of modernization and efficiency? The attempt to digitize the UK’s justice system involves the creation of an online court, the feature of which is mediation built into the procedure as part of dispute resolution. It is expected that the online court will become a mandatory forum for resolving cases within its jurisdiction and will initially deal with money disputes of up to £25,000. However, the issues of access to justice for all categories of citizens and the openness and transparency of justice have not yet been resolved.

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Brisov, Yu V. "Responsibility of the Executive Body of a Legal Entity for Fraud". Actual Problems of Russian Law, n. 9 (5 ottobre 2019): 174–84. http://dx.doi.org/10.17803/1994-1471.2019.106.9.174-184.

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The paper discusses various legislative and enforcement approaches in the Russian Federation, USA, and Great Britain; compares the various provisions of the Plenums of the Supreme Arbitration Court of the Russian Federation and the Armed Forces of the Russian Federation on issues of good faith; analyzes the application of these provisions by the courts when considering issues of holding directors to account as a result of malpractice that entailed property damage. By the example of consideration of a number of key cases from the law enforcement practice of the courts of the Anglo-American system of law, the question of the use of tests is considered: objective and subjective integrity tests to regulate the issue of holding the executive body accountable. English and American courts resort to the criterion of good faith in very rare cases, and the fiduciary duty of directors in commercial companies was significantly limited. The approach used by the common law courts implies a minimal degree of court interference in the economic affairs of commercial companies. Holding the director accountable is allowed only in case of obvious neglect of duties or is considered in some cases based on the specific circumstances of the case. Russian courts often hold directors accountable not as a result of gross negligence or proven intentional actions by executive bodies to harm the company, but as a result of society not achieving the desired economic result. Besides, dishonesty compensates for obvious gaps in the internal corporate routine, which do not make it possible to precisely determine the boundaries of authority and the area of responsibility of the executive body. The author formulates a conclusion on the degree of admissible judicial discretion when applying the provisions on good faith to corporate relations as requiring special regulation.

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Vasilyev, F. Yu. "PROBLEMS OF REALIZATION OF THE RIGHTS OF VICTIMS IN CRIMINAL PROCEEDINGS". Bulletin of Udmurt University. Series Economics and Law 32, n. 5 (5 ottobre 2022): 894–99. http://dx.doi.org/10.35634/2412-9593-2022-32-5-894-899.

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The article deals with the features of a participant in criminal proceedings on the part of the prosecution-the victim. The author notes the high importance of observing the interests of the victim as a victim of a crime in criminal proceedings, which is one of the elements of the constitutional balance of interests in the criminal procedure legislation of the Russian Federation. The article analyzes the features of procedural rights under the Statute of Criminal Proceedings of the Russian Empire before 1917. It is noted that the victim of the crime had a greater amount of rights in cases of private prosecution. The author analyzes the modern approach of the legislator in a number of European countries (Great Britain, the French Republic, the Swiss Confederation) to the protection of the rights of the victim of a crime in criminal proceedings. Attention is drawn to the fact that according to European legislators, the state, represented by its public bodies that carry out criminal prosecution, should not only bear greater responsibility for bringing the perpetrators to criminal responsibility, but also impose the burden of compensation for the damage caused to the victim of the crime. Several variants of approaches to solving the problem of improving the procedural status of the victim in the criminal proceedings of the Russian Federation are proposed. The author expresses an opinion on the practical solution of certain problems of protecting the rights of the victim in criminal proceedings, without making changes to the Russian criminal procedure legislation. The article is illustrated with examples from judicial practice.

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Cherneha, V. M. "STUDYING UKRAINIAN CIVIL PROCEDURE LAW IN THE EARLY 3 d MILLENNIUM". Constitutional State, n. 49 (18 aprile 2023): 92–100. http://dx.doi.org/10.18524/2411-2054.2023.49.276046.

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The article is dedicated to the gains, problems, and perspectives of studying the Ukrainian civil procedure law. It covers polythematic studies of the Ukrainian civil procedure law presented in dissertations. Despite the updates to the civil procedure laws of Ukraine, not all the civil procedure regulations and institutions (sources of the civil procedure law, evaluation categories in civil procedure law, civil jurisdiction, entities subject to civil procedure law, electronic evidence, legal expert’s opinions, measures of procedural compulsion, specifics of considering and settling civil cases of certain categories through the appeal and cassation procedure, specifics of considering by court the claims for imposing restrictions on an individual for gambling and attending gambling events, specifics of considering by court the claims for issuing and prolonging a restrictive injunction, judicial control of the execution of civil judgements, resuming the lost proceedings by court) were the subject of the scientific research; many of them require a systematic analysis to be carried out by experts. The article states that the Ukrainian civil procedure studies lack the comparative legal research including the Ukrainian and foreign practices (first of all, those existing in the European Union and the Organization for Economic Co-operation and Development, the Great Britain, the United States of America). The next pieces of research may focus on how the scientific thought is and will be developing in terms of the notarial and enforcement law and process. It is worth specifying the past, present, and future of the legal studies dedicated to the alternative forms of settling civil disputes.

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Più fonti

Tesi sul tema "Judicial error – great britain – cases"

Schmidt, William Murray. "Wrongful convictions". Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709036.

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Libri sul tema "Judicial error – great britain – cases"

Naughton, Michael. The Criminal Cases Review Commission: Hope for the innocent? Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2010.

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1962-, Naughton Michael, a cura di. The Criminal Cases Review Commission: Hope for the innocent? New York: Palgrave Macmillan, 2009.

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Naughton, Michael. The Criminal Cases Review Commission: Hope for the innocent? Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2010.

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Naughton, Michael. The Criminal Cases Review Commission: Hope for the innocent? Houndmills, Basingstoke, Hampshire: Palgrave Macmillan, 2012.

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Toughill, Thomas. Oscar Slater: The 'immortal' case of Sir Arthur Conan Doyle. [Phoenix Mill, Stroud, Gloucestershire]: Sutton Pub., 2006.

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(Society), Justice. Evidence to the Royal Commission on Criminal Justice. [London, England: Justice, 1992.

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1954-, Gebler Carlo, a cura di. My father's watch: The story of a child prisoner in 70s Britain. London: Fourth Estate, 2008.

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1954-, Gébler Carlo, a cura di. My father's watch: The story of a child prisoner in 70s Britain. London: Harper Perennial, 2009.

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1949-, Macleod Alison, a cura di. The best-laid plans: Outcomes of judicial decisions in child protection cases. London: Stationery Office, 1999.

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Foot, Paul. Murder at the farm: Who killed Carl Bridgewater? London: Sidgwick & Jackson, 1986.

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Capitoli di libri sul tema "Judicial error – great britain – cases"

Calabresi, Steven Gow. "The United Kingdom of Great Britain and Northern Ireland". In The History and Growth of Judicial Review, Volume 1, 363–90. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0011.

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This chapter discusses the origins and growth of judicial review in the United Kingdom of Great Britain and Northern Ireland. Judicial review in the United Kingdom under the Human Rights Act is best explained by borrowing from the United States, Canada, Germany, and the European Court of Human Rights. The emergence of judicial review in the United Kingdom also coincided with the devolution of power to Scotland, Wales, and Northern Ireland, thus creating a need for a federalism umpire. This was vividly illustrated by a recent U.K. Supreme Court separation of powers umpiring opinion; and by a 2019 umpiring ruling, which upheld Scotland’s highest court, while overturning an English and Welsh court on the justiciability and breadth of The Queen’s power to prorogue Parliament. The adoption by the United Kingdom of the European Convention on Human Rights (ECHR), as a judicially enforced Bill of Rights, was done, in part, out of embarrassment that the United Kingdom kept losing so many human rights cases when they were heard by the European Court of Human Rights (ECtHR). There is, accordingly, a mild rights from wrongs story that explains the adoption of the Human Rights Act of 1998, although a desire to borrow that which was fashionable and in style provides the major explanation for the adoption of this act.

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Loveless, Janet, Mischa Allen e Caroline Derry. "13. Property offences 2: fraud and making off without payment". In Complete Criminal Law, 625–44. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848462.003.0013.

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This chapter examines property offences in Great Britain, focusing on fraud and making off without payment. It explains the key provisions of the Fraud Act 2006 for different types of fraud, which include fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the distinction between fraud and the previous offences of deception. In particular, the fact that there is no longer a requirement for causation is discussed. The chapter discusses the actus reus and mens rea elements of the offences of fraud, and provides several examples of relevant cases, and analyses court decisions in each of them, including changes to judicial directions on dishonesty.

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Loveless, Janet, Mischa Allen e Caroline Derry. "13. Property offences 2". In Complete Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198803270.003.0013.

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