Two puzzles of judicial wagers

2021 ◽  
pp. 1-13
Author(s):  
Harald Wiese
Keyword(s):  
Court Proceeding

Abstract This paper is about an Old Indian judicial institution called paṇa (“wager”). Within a court proceeding, a judicial wager is a certain sum of money that a conflicting party offers to pay if he ends up losing his case. This paper explains the rationale of judicial wagers by showing that they may signal truthfulness.

scholarly journals THE INSURANCE OF LIABILITY AS AN ATTEMPT OF RISK TRANSFERING OVER THE LOSS CAUSED BY NOTARY PULIC AND LAND DEED OFFICIALS

2018 ◽  
Vol 7 (2) ◽  
pp. 194
Author(s):  
Ghansham Anand ◽  
Agus Yudha Hernoko ◽  
Mokhamad Khoirul Huda
Keyword(s):  
Public Officials ◽  
Public Insurance ◽  
Professional Liability ◽  
Injured Party ◽  
Notary Public ◽  
Court Proceeding

<p>This study primarily aimed to identify the type of insurance of liabilities as an attempt of risk transferring over the loss caused by the notary public and land deed officials. The method of this study was juridical-normative. The result showed that the notary public and land deed officials (PPAT) were both public officials authorized to establish an authentic deed due to clients’ requests. Any violation or negligence by Notary public and land deed officials that was out of the track of legal law might lead the clients into a disadvantageous situation. Such violation or negligence made the established deed null and void, void-able, or even turned into an private deed. This brought an effect to the client as the injured party, and thus, they might file a lawsuit in case of suing for compensation, indemnification, and interest through court proceeding.  Therefore, it needed an agency of risk-transfering in the form of insurance. The insurance of professional liability is a product of public insurance taking-over a risk that is supposed to be charged by the Notary Public and Land Deed Officials. The object of this insurance refers to the insurer’s obligation to pay compensation over particular loss the client has suffered and other expenses due to the risk.</p>

Judicial control of the effectiveness of activities related to public administration

2021 ◽  
Vol 10 (10) ◽  
pp. 29-44
Author(s):  
Jacek Jaśkiewicz
Keyword(s):  
Human Rights ◽  
Public Administration ◽  
Procedural Fairness ◽  
Judicial Control ◽  
Legal Remedies ◽  
European Court ◽  
Protection Of Human Rights ◽  
Administrative Proceedings ◽  
Court Proceeding ◽  
Legal Procedures

Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.

Forensic Technologies in the Courtroom

2018 ◽  
Vol 9 (4) ◽  
pp. 15-28
Author(s):  
Vincenzo Antonio Sainato ◽  
Jessica A Giner
Keyword(s):  
Scientific Evidence ◽  
The Body ◽  
Policy Recommendation ◽  
Psychology Research ◽  
Criminal Proceedings ◽  
Probative Value ◽  
Digital Animation ◽  
Legal Psychology ◽  
Court Proceeding

Forensic animation is the use of digital animation technologies to recreate or simulate an event for use as probative evidence in a court proceeding. Acceptance by courts of this technology varies by jurisdiction. Some courts disallow its use because of the technology's prejudicial impact when weighed against the probative value and perceived tendency to bias jurors; such courts typically do not consider the relevant legal psychology research. This article examines the body of scientific evidence with respect to value of the technology, with a focus on criminal proceedings. It concludes with a policy recommendation for courts to employ in light of these considerations.

scholarly journals Gross Violations of Human Rights Veiled within Xinjiang Political Reeducation Camps

2019 ◽  
Vol 41 (1) ◽  
pp. 1
Author(s):  
Ayu Suci Rakhima ◽  
Ni Gusti Ayu Dyah Satyawati
Keyword(s):  
Human Rights ◽  
Research Method ◽  
Analytical Approach ◽  
Human Rights Violations ◽  
Legal Research ◽  
Municipal Court ◽  
Court Proceeding

Xinjiang reeducation camps are dedicated to cleanse the practice and existence of religion, and majorly subjects the Uighur moslems. China has constantly denied the conduct of gross human rights violations of Uighur moslems within Xinjiang political reeducation camps. This article will elaborate on the actions done by Xinjiang officials to unveil the gross violations of human rights towards the Uighurs within Xinjiang reeducation camps. The article will also examine the available possibility to criminally hold the perpetrators liable and provide effective relief to the victims. This article is constructed using normative legal research method with statutory, case, and fact approaches, along with conceptual/analytical approach. The result shows that there exist gross violations of human rights towards the Uighurs within Xinjiang reeducation camps in a form of arbitrary detention and torture. Moreover, there are some available possibilities to criminally hold the perpetrators liable and provide effective relief to the victims, namely through a municipal court proceeding and through the Committee against Torture.

scholarly journals Court Case of Cow v. Plant

2021 ◽  
Vol 2 (1) ◽  
pp. 37-42
Author(s):  
Angela To
Keyword(s):  
Environmental Impact ◽  
Lactose Intolerance ◽  
Cow’S Milk ◽  
Court Case ◽  
Cow's Milk ◽  
Court Proceeding

The following is a script from a court proceeding. The case is about whether plant-based milks or cow’s milk is better. There are two speakers; one who will be representing cow’s milk and one who will be representing plant-based milks. The representatives will be making their arguments based on the milk’s nutrition, environmental impact as well as digestibility for those with dairy intolerances.  At the end, the jury consider each representative’s argument to determine which milk is better. The judge will take home the better milk to share with her lactose intolerance husband.

scholarly journals FUNGSIONALISASI PASAL 44 KUHP DALAM PENYIDIKAN TINDAK PIDANA PEMBUNUHAN (SUATU RE-ORIENTASI & RE-EVALUASI MENUJU REFORMULASI)

2019 ◽  
Vol 5 (2) ◽  
pp. 352-373
Author(s):  
Y A Triana Ohoiwutun ◽  
Fiska Maulidian Nugroho ◽  
Samuel Saut Martua Samosir ◽  
Arief Setiyoargo
Keyword(s):  
Mental Disorder ◽  
Forensic Psychology ◽  
Criminal Code ◽  
Legal Practice ◽  
Discretionary Power ◽  
Criminal Proceeding ◽  
Court Proceeding

Uncertainty with regard to the proper implementation of Article 44 of the Criminal Code is to be discussed.  In legal practice, the existence of mental disorder in those who are accused of murder or homicide will be made dependent on the decision of psychiatrist (authorized to conduct forensic psychology or psychiatry). In the case that such mental disorder is determined to be existing during a pre-trial hearing, the court is under no obligation to order cessation of the criminal proceeding. It is noted that in a number of cases the decision to terminate investigation or cease court proceeding falls completely under the Judge discretionary power.  The author’s recommendation is that a reformulation of Art. 44 of the Criminal Code is in order.

Papyrus Queen’s College Recto

2013 ◽  
Author(s):  
Hans-W. Fischer-Elfert
Keyword(s):  
Literary Text ◽  
The Sun ◽  
Court Proceeding

The manuscript which is the topic of this chapter contains the first literary text in abnormal hieratic, a script used mainly for documentary texts in the Twenty-fifth and Twenty-sixth Dynasties. As far as it is preserved and comprehensible, the plot seems to revolve around a court proceeding between two priests at the Heliopolitan temple of Atum-Re-Harakhty. The text contains oaths by the sun-god, as well as an interesting dialogue between a king called Usermaatre and the chief god of Heliopolis. The story ends with a verdict, declaring one of the priests ‘not guilty’ and his opponent the opposite. One of the main characters is the prince of Heliopolis-Athribis called Hem-na-nefi, a pseudonym for one of the several Twenty-fifth Dynasty holders of this title in the 12th and 13th Lower Egyptian nomes named Bak-en-na-nefu. The text's style and rhetoric suggest it is at least a semi-literary juridical narrative.

Lawyers request a procedural document in a court proceeding

2020 ◽  
pp. 96-102
Author(s):  
Volodymyr Hromko
Keyword(s):  
Law Enforcement ◽  
Practical Problem ◽  
Practical Experience ◽  
Criminal Code ◽  
Practical Relevance ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legislative Framework ◽  
Court Proceeding ◽  
Logical Semantic

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.

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