Preamble

2020 ◽  
pp. 31-32
Author(s):  
Danny M. Adkison ◽  
Lisa McNair Palmer
Keyword(s):  
Attorney General ◽  
Court Decisions ◽  
Historical Records ◽  
Appendix Table ◽  
Legal Documents

Part Two provides a section-by-section commentary on the current Oklahoma Constitution. Historical records and legal documents have been utilized to prepare this commentary. Court decisions and Attorney General Opinions were consulted for interpretation of constitutional provisions, with the latest cases available included. The citations to cases discussed can be found in the Appendix (Table of Cases)....

scholarly journals Tafsir Wewenang Seponering Jaksa Agung Pasca Putusan Mahkamah Konstitusi Nomor 29/PUU-XIV/2016

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ilham Dwi Rafiqi
Keyword(s):  
Public Interest ◽  
Attorney General ◽  
State Power ◽  
Constitutional Court ◽  
Court Decisions ◽  
Legal Certainty ◽  
The Public ◽  
Legal Implications ◽  
The Republic ◽  
Definition Of

The affirmation of the attorney general's authority in the Elucidation of Article 35 letter C of the Indonesian Prosecutor's Law after the decision of the Constitutional Court Number 29/PUU-XIV/2016 still leaves problems and has the potential to cause new legal problems. This research will look at and analyze how the authority of the Attorney General after the decision is as well as how the concept of an ideal arrangement that ensures legal certainty. This research uses normative juridical research with a statutory approach and case studies which in this case are court decisions. The results showed that after Constitutional Court decision, there was a change in the meaning of the Elucidation of Article 35 letter c of the Republic of Indonesia Prosecutor's Law. Based on the results of these interpretations and decisions, the legal implications that followed were related to the conditions for setting aside cases in the public interest, namely in setting aside cases in the public interest, the Attorney General was required to 'require' first to pay attention to suggestions and opinions from state power agencies that have relationship with the problem. The concept of an ideal arrangement that can guarantee legal certainty as an indicator to measure and assess the implementation of the Attorney General's obligations can be done by clarifying the definition of "state power agencies" for which advice and opinions are requested and making criteria for the term "public interest".

TempCourt: evaluation of temporal taggers on a new corpus of court decisions

2019 ◽  
Vol 34 ◽  
Author(s):  
María Navas-Loro ◽  
Erwin Filtz ◽  
Víctor Rodríguez-Doncel ◽  
Axel Polleres ◽  
Sabrina Kirrane
Keyword(s):  
United States Supreme Court ◽  
The United States ◽  
Court Decisions ◽  
Legal Cases ◽  
Legal Documents ◽  
Cross Domain ◽  
European Court ◽  
Temporal Expressions ◽  
Legal Domain ◽  
Temporal Annotation

Abstract The extraction and processing of temporal expressions (TEs) in textual documents have been extensively studied in several domains; however, for the legal domain it remains an open challenge. This is possibly due to the scarcity of corpora in the domain and the particularities found in legal documents that are highlighted in this paper. Considering the pivotal role played by temporal information when it comes to analyzing legal cases, this paper presents TempCourt, a corpus of 30 legal documents from the European Court of Human Rights, the European Court of Justice, and the United States Supreme Court with manually annotated TEs. The corpus contains two different temporal annotation sets that adhere to the TimeML standard, the first one capturing all TEs and the second dedicated to TEs that are relevant for the case under judgment (thus excluding dates of previous court decisions). The proposed gold standards are subsequently used to compare ten state-of-the-art cross-domain temporal taggers, and to identify not only the limitations of cross-domain temporal taggers but also limitations of the TimeML standard when applied to legal documents. Finally, the paper identifies the need for dedicated resources and the adaptation of existing tools, and specific annotation guidelines that can be adapted to different types of legal documents.

scholarly journals GUARANTEES OF PROVIDING NON-INTERFERENCE IN PERSONAL AND FAMILY LIFE DURING APPEAL AND CASSATION PROCEEDINGS

2021 ◽  
pp. 257-271
Author(s):  
V. Halahan ◽  
Zh. Udovenko
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Legal Documents ◽  
Procedure Code ◽  
European Court ◽  
Court Proceedings ◽  
The Individual

The article is devoted to issues related to the filing of appeals and cassation complaints, as well as additional materials attached to them in the preparation of judicial consideration at the stages of appeal and cassation proceedings. The peculiarity of using these materials is that they may contain confidential information related to the circumstances of personal and family life, which is not subject to disclosure. There are currently no warnings regarding their use in the legislation, in connection with which amendments and additions to the Criminal Procedure Code of Ukraine, aimed at legislative regulation of this issue, have been proposed and justified. The mechanism of ensuring the rights and freedoms of the individual in the aspect of implementing the norms of international legal documents in the field of criminal proceedings and the practice of the European Court of Human Rights has been analyzed. On examples from the judicial practise of considering materials of criminal proceedings, the specifics of ensuring non-interference in personal and family life in the courts of appeal and cassation are shown. Attention is drawn to the peculiarities of the functioning of these courts, their role in identifying injustices and making legal and well-founded court decisions aimed at ensuring non-interference in the personal and private life of citizens as a principle of criminal proceedings. Keywords: criminal proceedings, court proceedings, appeal proceedings, cassation proceedings, principles of criminal proceedings, personal and family life, procedural guarantees.

scholarly journals Colour court: the communicative value of single-colour trademark

2021 ◽  
Author(s):  
Natasha Mendonca
Keyword(s):  
Content Analysis ◽  
Qualitative Content Analysis ◽  
Court Decisions ◽  
Project Proposal ◽  
Research Project ◽  
Legal Documents ◽  
Communicative Functions ◽  
Single Colour ◽  
Different Levels ◽  
The Way

While corporations regularly use trademarked logos and slogans, the use of colour trademarks to solidify and separate a brand from its marketplace is a recent development. This MRP explores legal conceptualizations of the communicative functions of colour in the judicial opinions of three influential colour trademark lawsuits: Norwich Pharmacal Company v. Sterling Drug, Inc. (1959), Qualitex Co. v. Jacobson Products Co. (1995), and Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc. (2012). The following questions guide my analysis of the court decisions: How do judges determine the communicative value of colour in single-colour trademark cases? How do the different levels of meaning present in colour, as described by Gunther Kress and Theo van Leeuwen (2002), affect the way judges assess the communicative value of colours in single-colour trademark cases? Which levels of meaning in colour, as described by Kress and van Leeuwen (2002), are most important in judges’ assessments of single-colour trademark claims? The communicative value of colour, for the purposes of this research project proposal, is defined as colour acting in one or more of the three functions defined by Kress and van Leeuwen (2002). Through qualitative content analysis of three legal documents involving single-colour trademarks, this MRP seeks to explore the challenges of claiming and maintaining legal ownership of a colour. This paper suggests that courts play a major role in developing single-colour trademarks as communicative and organizational branding tools.

scholarly journals Unenforceable Target Movable Property Under Enforcement

2021 ◽  
Vol 28 (42) ◽  
pp. 103-123
Author(s):  
David Elisabedashvili
Keyword(s):  
Qualitative Study ◽  
Property Rights ◽  
Comparative Method ◽  
Court Decisions ◽  
Legal Systems ◽  
Historical Sources ◽  
Legal Documents ◽  
Advantages And Disadvantages ◽  
Firm Basis ◽  
The Subject

Abstract Nowadays, enforcement is one of the crucial elements of justice. Right to the property is guaranteed by the constitution and therefore exercising property rights is one of the key goals of justice, the latter is implemented through effective and efficient enforcement. The present study is mainly dedicated to the specifics of enforcing property rights. Methods used in the research involve qualitative study, the latter encompasses observation of rules and regulations in national and international practices based on primary and secondary legal and historical sources, including official legal documents, court decisions as first-hand material, as well as derived sources such as various articles, monographs, comments on laws and regulations, etc. The comparative method used in the study is aimed at demonstrating differences and similarities of enforcement rules and procedures in different legal systems, revealing their advantages and disadvantages, while practical examples focus on the identification of gaps to lay the path for better legal solutions. The complex scrutiny of the subject to the present research allows to review it from different angles and suggest legal recommendations to raise the efficiency of the enforcement system and subsequently provide a firm basis for justice.

scholarly journals Colour court: the communicative value of single-colour trademark

2021 ◽  
Author(s):  
Natasha Mendonca
Keyword(s):  
Content Analysis ◽  
Qualitative Content Analysis ◽  
Court Decisions ◽  
Project Proposal ◽  
Research Project ◽  
Legal Documents ◽  
Communicative Functions ◽  
Single Colour ◽  
Different Levels ◽  
The Way

While corporations regularly use trademarked logos and slogans, the use of colour trademarks to solidify and separate a brand from its marketplace is a recent development. This MRP explores legal conceptualizations of the communicative functions of colour in the judicial opinions of three influential colour trademark lawsuits: Norwich Pharmacal Company v. Sterling Drug, Inc. (1959), Qualitex Co. v. Jacobson Products Co. (1995), and Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc. (2012). The following questions guide my analysis of the court decisions: How do judges determine the communicative value of colour in single-colour trademark cases? How do the different levels of meaning present in colour, as described by Gunther Kress and Theo van Leeuwen (2002), affect the way judges assess the communicative value of colours in single-colour trademark cases? Which levels of meaning in colour, as described by Kress and van Leeuwen (2002), are most important in judges’ assessments of single-colour trademark claims? The communicative value of colour, for the purposes of this research project proposal, is defined as colour acting in one or more of the three functions defined by Kress and van Leeuwen (2002). Through qualitative content analysis of three legal documents involving single-colour trademarks, this MRP seeks to explore the challenges of claiming and maintaining legal ownership of a colour. This paper suggests that courts play a major role in developing single-colour trademarks as communicative and organizational branding tools.

Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform

1995 ◽  
Vol 141 ◽  
pp. 82-109 ◽  
Author(s):  
Anthony R. Dicks
Keyword(s):  
Legal System ◽  
Cultural Revolution ◽  
Similar Process ◽  
Chinese Society ◽  
Court Decisions ◽  
Thought Processes ◽  
Chinese Law ◽  
Legal Documents ◽  
The World ◽  
Growing Body

Among the various classes of legal documents which have become publicly available in China in recent years, few are more interesting than the growing body of reported decisions by courts and other institutions. Usually resulting, directly or indirectly, from litigation or some similar process, these interpretative rulings and decided cases have appeared in increasing numbers in the nine years following the first publication of the Supreme People's Court's own gazette. Since then a number of general collections of judicial interpretations and abstracts of court decisions have been brought out, some of which pre-date the Cultural Revolution. The Supreme People's Court now supplements its gazette with periodical collections of reports of cases, and more specialized collections of interpretations and cases have been published to meet various specific needs, academic and professional.Access to material of this kind on a larger scale than hitherto sheds light on various aspects of the Chinese legal system itself which for foreign observers were previously obscure. Moreover, although most of the cases and decisions which are published emanate from the higher levels of the legal hierarchy, they bring the reader closer both to the practical workings of the legal system and to the thought processes which guide it.The question which inevitably arises is whether these newly available materials should be regarded as providing more than just a heightened awareness of the dynamics of Chinese society and its legal system. Outside China, the study of Chinese law is increasingly regarded not merely as a discipline for the description and analysis of a specialized category of Chinese institutions, but more importantly as a source of detailed prescriptive norms of the kind expected from legal systems in the world as a whole.

scholarly journals Novus Actus Interveniens in The Context of Criminal Law in Indonesia

Humaniora ◽  
2016 ◽  
Vol 7 (2) ◽  
pp. 243
Author(s):  
Ahmad Sofian
Keyword(s):  
Criminal Law ◽  
Secondary Data ◽  
Penal Code ◽  
Data Sources ◽  
Court Decisions ◽  
Medical Worker ◽  
Legal Documents ◽  
Human Agent ◽  
Secondary Data Sources ◽  
Legal Force

The doctrine of novus actus interveniens used in causation to establish the liability of the principle offender for a prohibited result. The doctrine can be used in various legal fields in both civil and criminal law. The aim of this study was finding the kind of intervention that conducted by another actor, a victim or a medical worker, a non-human agent such as an animal or nature, could influenced the judge’s decisions in determining the defendant in accordance with novus actus interveniens doctrine. The method used was the normative method. The normative method in the study of jurisprudence was a method used to study secondary data sources on some legal documents. These secondary data sources were composed of some legal materials, namely primary legal materials consisting of the KUHP (the Indonesia Penal Code) and court decisions that have permanent legal force. This study finds that the doctrine of novus actus interveniens unfortunately is not commonly used by judges, prosecutors, lawyers and legal experts in Indonesia even though it can be used to solve problems in finding material truth. 

A Decade of Change: Roper v. Simmons, Defending Childhood, and Juvenile Justice Policy

2016 ◽  
Vol 30 (1) ◽  
pp. 102-127 ◽  
Author(s):  
Peter J. Benekos ◽  
Alida V. Merlo
Keyword(s):  
Juvenile Justice ◽  
Supreme Court ◽  
Childhood Trauma ◽  
Attorney General ◽  
Court Decisions ◽  
Second Development ◽  
Federal Mandate ◽  
Trauma Informed ◽  
Informed Treatment ◽  
Juvenile Justice Policy

In the last decade, juvenile justice has emerged with more compassion and child-focused policies. During this time, crime decreased, successful strategies for prevention and intervention were identified, neuroscience examined the wiring of the adolescent brain, and the Attorney General established a federal mandate to recognize and respond to children exposed to violence (CEV). In this context, the authors identify two developments that contributed to the ongoing iterations of juvenile justice: Supreme Court decisions that restrict excessive juvenile punishments and policies that recognize the consequences of childhood trauma and the importance of relevant treatment. The Supreme Court rationale in Roper v. Simmons, Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana was instrumental in underscoring that youth are different from adults and therefore require different sentencing. The second development was a broader understanding of the scope and consequences of childhood trauma which renewed support to identify and care for youth exposed to violence. The authors review the Court’s rationale in moving policy away from harsh punishment and retribution, the evidence-based support for trauma-informed treatment of youth, and the limits of Court decisions and policy changes in reforming juvenile justice.

The Use of Deadly Force in Enforcing the Law: Gold in the Light of History

1992 ◽  
Vol 26 (3) ◽  
pp. 319-354
Author(s):  
Yoram Shachar
Keyword(s):  
Supreme Court ◽  
Critical Review ◽  
Attorney General ◽  
Case Law ◽  
Deadly Force ◽  
Court Decisions ◽  
Supreme Court Justice ◽  
Alternative Means ◽  
Supreme Court Decisions ◽  
The Law

More than thirty-two years have passed since Supreme Court Justice Agranat's ruling that, even in the absence of alternative means to effect a lawful arrest, deadly force may be employed only where the arrest is pursuant to the commission of a felony. That ruling, in the case of Gold v. The Attorney General, stands unchallenged to this day. At the time that decision was handed down, Israeli case law provided a dearth of analytic tools for critical review. Thus, Gold was incorporated into Israeli law pristine and unencumbered by the entourage of learned comments that now regularly escorts Supreme Court decisions. It is not my intention to tarnish that purity of Gold by disclosing some undetected flaw in the ruling. Rather, I believe it is time that we take that ruling a step further on the course it set.

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