Rule 92: Assignment to panel or to single judge, designation of judge-rapporteur

Author(s):  
Markus Kuczera
Keyword(s):  

Rule 92 defines the written procedure pursuant to Art 52(1) UPCA and Rule 85(a) UPCARoP in more detail for cases where the EPO has not rectified the decision in the action in full pursuant to Rule 91, which means that the claimant is still adversely affected.

Author(s):  
Andreas von Falck ◽  
Stephan Dorn

An examination of the application by the Registry is necessary for a decision on an application for provisional measures. First, the Registry checks whether an opt-out has been declared for the patent at issue (Rule 16.1). If an opt-out has been declared, the Registry informs the applicant pursuant to Rule 16.1 and requests him to withdraw or to complete the application.


2019 ◽  
Vol 27 (3) ◽  
pp. 509-518
Author(s):  
Michelle M Taylor-Sands

Abstract In September 2018, the Federal Court of Australia found that a Victorian woman did not need her estranged husband’s consent to undergo in vitro fertilisation treatment (IVF) using donor sperm. The woman, who was 45 years of age, made an urgent application to the Court for permission to undergo IVF using donor sperm. In a single judge ruling, Griffiths J held that the requirement in the Assisted Reproductive Treatment Act 2008 (Vic) (‘ART Act’) for a married woman to obtain the consent of her husband discriminated against the woman in question on the basis of her marital status in contravention of the Commonwealth Sex Discrimination Act 1984 (Cth) (‘SD Act’). His Honour declared the Victorian law in this instance ‘invalid and inoperable’ by operation of section 109 of the Commonwealth Constitution to the extent it was inconsistent with the Commonwealth law. Although the declarations by the Federal Court were limited in their terms to the circumstances of the case, the judgment raises broader issues about equity of access to assisted reproductive treatment (ART) in Victoria. The issue of partner consent as a barrier to access to ART was specifically raised by an independent review of the ART Act in Victoria. The Victorian Government released an interim report late last year as a first stage of the review, which canvasses some options for reform. This raises a broader question as to whether prescriptive legislation imposing detailed access requirements for ART is necessary or even helpful.


2017 ◽  
Vol 6 (1) ◽  
pp. 7-23
Author(s):  
Brian Christopher Jones ◽  
Austin Sarat

Abstract Perhaps no single judge in recent years has embodied the intricacies and difficulties of the cultural life of the law as much as American Supreme Court Justice Antonin Scalia. While common law judges have traditionally acquired status—and cultural relevance—from the significance, eloquence and forcefulness of their judicial opinions, Justice Scalia took an altogether different route. Both on and off the bench, he pushed the limits of legal and political legitimacy. He did this through a strict adherence to what we call a “judicial mandate,” flamboyant but engaging writing, biting humor and widespread marketing of his originalist and textualist interpretative theories. This article chronicles these features of Scalia’s jurisprudence and public life more generally, ultimately characterising the late justice as a “sacred symbol” in American legal and political circles, and beyond.


2021 ◽  
Vol 3 (2) ◽  
pp. 137-154
Author(s):  
Pujiyono Pujiyono ◽  
Umi Khaerah Pati ◽  
Pranoto Pranoto ◽  
Kukuh Tejomurti

This article aimed to analyze the problem of legal cases accumulation, especially default on credit contracts in court. It also analyzes the effectiveness of implementing a small claim court in contract default and the independence of a single judge in handling cases through the small claim court mechanism. Small claim court also to offer a breakthrough in the settlement of bad loans related to contract defaults to reduce the burden on courts in Indonesia and provide legal certainty to business actors. The sole judge also  examine, resolve and decide on inheritance cases in a fast and efficient process to issue a fair decision for all parties. This normative study was carried out using statutory, case, comparative law, and analysis content approaches. The research results showed that the filing of small claim court increased 10 times from 2015 to 2020, with the plaintiffs dominated by banks in bad credit cases. A small claim court provides benefits the bank and the customer because it speeds up the settlement of the plaintiff's money in a bad credit case with a case value of not more than 500 million, especially for microloans in a maximum period of 25 days. Furthermore, the latest regulation of 2019 concerning small claim court gives judges the authority to confiscate guarantees and conduct auctions to carry out forced executions through the Court Execution Auction process.


Author(s):  
Hans-Jürgen Ahrens

Where main proceedings on the merits of the case have not yet been started before the Court, the Application for preserving evidence shall be dealt with in accordance with Rule 16 (formalities examination by Registry), Rule 17.1(a) to (c) and .2 (date of receipt, recording in the register, action number, assignment to panel) and Rule 18 (designation only of judge-rapporteur by presiding judge).


2018 ◽  
Vol 43 (04) ◽  
pp. 1164-1187 ◽  
Author(s):  
Anna Veronica Banchik

As law deepens its engagement with visual data, legal scholars have expressed concern that courts all too often uphold photographic evidence as objective representations of truth, rather than as necessarily partial portrayals of reality. To combat this naïve realism in legal institutions, some are incorporating insights from media studies in calling for a jurisprudence of the visual. Drawing on an ongoing lawsuit over the disclosure of detainee abuse photographs taken in Iraq and Afghanistan after September 11, I suggest this project expand its scope to examine litigants' interpretations of images in courtrooms, as well as concerns beyond photographic objectivity that arise in disclosure disputes, including images' unique privacy implications and national security risks. Though the stakes in this case are atypical, these specific concerns are to varying degrees more germane. Having all been raised before, they are likely to be heard again, if only by a single judge or jury.


2014 ◽  
Vol 57 (4) ◽  
pp. 1284-1295 ◽  
Author(s):  
Hamid Karimi ◽  
Sue O’Brian ◽  
Mark Onslow ◽  
Mark Jones

PurposePercentage of syllables stuttered (%SS) and severity rating (SR) scales are measures in common use to quantify stuttering severity and its changes during basic and clinical research conditions. However, their reliability has not been assessed with indices measuring both relative and absolute reliability. This study was designed to provide such information. Relative reliability deals with the rank order of participants in a sample, whereas absolute reliability measures the closeness of scores to one other and to a hypothetical true score.MethodEighty-seven adult participants who stutter received a 10-min unscheduled telephone call. Three experienced judges measured %SS and also used a 9-point SR scale to measure stuttering severity from recordings of the telephone calls.ResultsRelative intrajudge and interjudge reliability were satisfactory for both scales. However, absolute intrajudge and interjudge reliability were not satisfactory. Results showed that paired-judge SR and %SS procedures improved absolute reliability compared with single-judge measures. Additionally, the paired-judge procedure improved relative reliability from high to very high levels.ConclusionMeasurement of group changes of stuttering severity can be done in research contexts using either %SS or SR. However, for detecting changes within individuals using such measures, a paired-judge procedure is a more reliable method.


1979 ◽  
Vol 22 (3-4) ◽  
pp. 245-262
Author(s):  
Edmund Przekop

The m otu proprio Sollicitudinem nostram (1950), treating th e adm in istratio n of justice in eastern ecclesiastical courts, in th e field of canonical procedure m any and im portant developm ents, valuable for any canonist in the E ast and in th e West, and it deserves th erefore closer investigation. It is not only th e law at present in force in the Catholics Churches E astern, but also, one dares to say, an excellent first draught of the fu tu re section De iudicis in a new L atin Code. This Eastern Code contains sections th a t are quite new, such as De compromisso in arbitros (cans. 98—122); De iudicio contentioso coram unico iudice (cans. 453—467), and others, especially cans. 544—567 on criminal trials. These innovations a re based on th e latest ideas on canonical procedure and will, doubtless, have a great im pact on this further development. The present article confines itself to th e canons on trials before a single judge in the Catholic Church Eastern. In th e first place, it notes some differences of collegiate and noncollegiate (single judge) tribunals. In the second place, th e re are explained th e new fundam ental principles on w hich th e section on th e single judge in the Eastern Code is based; and, finally, an indication is given of the sources of this section as a w hole and, as fa r as possible, of eachcanon in particular.


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