scholarly journals Judgment, Res Judicata and Lis Pendens

2021 ◽  
pp. 174-197
Author(s):  
European Law
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Legal Issues ◽  
Legal Issue ◽  
Res Judicata

This chapter discusses judgments and judicial settlements. For the purpose of the European Rules of Civil Procedure, a judgment is a decision, which finally resolves the matter by deciding the claim on either the merits, dismisses the proceedings on procedural grounds, or which decides a preliminary procedural issue or a specific legal issue on the merits. A decision finally resolves the matter if proceedings in which the decision was rendered cannot continue before the court where they have been instituted. This includes judgments that finally resolve the matter with respect to a part of the claim for relief or one or more of several, but not all claims for relief brought in one and the same proceeding. It does not encompass case management orders or orders that regulate evidence-taking. It is, however, a matter of the court's discretion whether to render a judgment on specific procedural issues or on specific legal issues on the merits that finally determine particularly important incidental issues, which may then be subject to the appellate process. The chapter also considers the goals of the Rules relating to lispendens and to res judicata.

Proceedings Preparatory to a Final Hearing

2021 ◽  
pp. 109-119
Author(s):  
European Law
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Legal Issues ◽  
Early Management ◽  
Early Case

This chapter assesses the provisions on the proceedings preparatory to a final hearing under the European Rules of Civil Procedure. Rule 61 provides that ‘to prepare for a final hearing, the court may hold an early case management hearing and if necessary further ones as the case progresses’. Rule 62(1) in connection with Rules 49(1) and (3) – (6) addresses the means of case management that are to be employed in or after the early management hearing. They are designed to ensure that the court takes such organisational measures as are necessary to facilitate the effective conduct of preparatory proceedings, including settlement endeavours, determination of the type and form of on-going proceedings, the procedural calendar or timetable, any limitation in terms of the number and/or length of submissions, the consolidation or separation of proceedings, or the order in which issues are to be tried. The chapter then considers the provisions on the closing of preparatory proceedings; the final hearing; early final judgments; judgments on preliminary procedural issues or on legal issues on the merits; and provisional measures and interim payment orders.

scholarly journals Review of Jörg Becker’s Book “Elisabeth Noelle-Neumann. Demoskopin zwischen NS-Ideologie und Konservatismus” (Elisabeth Noelle-Neumann. Pollster between Nazi-Ideology and Conservatism)

2013 ◽  
Vol 11 (2) ◽  
pp. 310-317 ◽  
Author(s):  
Christian Fuchs
Keyword(s):  
Legal Issues ◽  
Legal Issue ◽  
Nazi Ideology

In light of an ongoing legal issue, this article was suspended on April 16, 2016. tripleC will look into the received claims and legal issues before finally deciding what should happen with the article.

scholarly journals Legal Issues of Assisted Reproduction- the Albanian Perspective

2014 ◽  
Vol 1 (1) ◽  
pp. 179
Author(s):  
Jonada Zyberaj
Keyword(s):  
Assisted Reproduction ◽  
New Technologies ◽  
Family Law ◽  
Legal Issues ◽  
Legal Issue ◽  
Constitutional Rights ◽  
Human Right ◽  
European Court ◽  
Legislative Changes ◽  
State Liability

Assisted reproduction was provided in Albania as an alternative way of reproduction by the "Reproductive Health" law of 2002. This law is an attempt to give the possibility of access in new technologies of reproduction as surrogacy, heterologues and homologues artificial reproduction to infertile persons, but since the enter into force of this law no further provisions has been made to regulate the procedures and the consequences coming from its applicability. The issue of assisted reproduction is still a subject of debate and of legislative changes as it is still not completely regulated by law. in this important issue, constitutional rights of different individuals, different interests and family law principles are involved. Ethical, scientific and legal factors are those which should be taken into consideration by the legislator in the attempt to make further legislative provisions. This paper analyses the few provisions on the assisted reproduction in the Albanian legislation. As a concept which implicates many institutions in different fields, the paper aims to give the Albanian perspective on different legal issues related to the topic. The reproductive right as human right and the state liability to ensure it through the health care system should be analyzed according to the Albanian Constitution and the European Court of Human Rights. The consequences of the ART on the family law is another legal issue with which the Albanian legislator has to deal with as the implementation of the techniques on assisted reproduction was not accompanied by the necessary changes in the provisions of family law. The legislations of different European countries which have the best experiences on the field will be put face to face and compared in order to give the best practices.

scholarly journals Approach to Management of Wandering in Dementia: Ethical and Legal Issue

2021 ◽  
pp. 025371762110309
Author(s):  
Adesh Kumar Agrawal ◽  
Mahesh Gowda ◽  
Umesh Achary ◽  
Guru S. Gowda ◽  
Vijaykumar Harbishettar
Keyword(s):  
Behavioral Treatment ◽  
Comprehensive Evaluation ◽  
Mental Healthcare ◽  
Legal Issues ◽  
Legal Issue ◽  
Clear Understanding ◽  
Treatment Needs ◽  
People With Dementia ◽  
Increased Risk ◽  
Ethical And Legal Issues

Wandering behavior is one of the most important and challenging management aspects in persons with dementia. Wandering behavior in people with dementia (PwD) is associated with an increased risk of falls, injuries, and fractures, as well as going missing or being lost from a facility. This causes increased distress in caregivers at home and in healthcare facilities. The approach to the comprehensive evaluation of the risk assessment, prevention, and treatment needs more strengthening and effective measures as the prevalence of wandering remains high in the community. Both the caregiver and clinicians need a clear understanding and responsibility of ethical and legal issues while managing and restraining the PwD. Ethical and legal issues especially in the light of the new Indian Mental Healthcare Act of 2017, related to confinement by family members in their homes by family caregivers, seclusion, physical or chemical restraints, other pharmacological and behavioral treatment, highlighting their effectiveness as well as adverse consequences are discussed. This article attempts to address an approach in managing wandering behavior in PwD in light of MHCA, 2017

scholarly journals Judicial Experiments in Caseflow Management 1920-1970

Amicus Curiae ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 389-417
Author(s):  
Michael Reynolds
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Quality Of Outcome ◽  
Rudimentary Form ◽  
Civil Courts

This article explores the evolution of a subordinate judicial office of the Official Referee which was the revolutionary creation of the Judicature Commission of 1872. What is described here is the innovation and evolution of a rudimentary form of case management more than 70 years before its formal introduction in the English courts under the Civil Procedure Rules. This article considers evidence of that evolution as well as the innovations and experiments of judges ahead of their time: Sir Francis Newbolt and his successor Official Referees. It argues that the consensual and business-like approach adopted by Newbolt and others facilitated earlier settlement by means of judicial encouragement during discussions in chambers at an early interlocutory stage. It considers the extent to which Newbolt’s Scheme focused on what Marc Galanter has described as ‘quality of outcome’ and attempts to place this study in the context of the approach taken by Galanter. Such study would not be complete without reference to the work of the late Simon Roberts, which saw civil courts as being transformed into instruments of structured negotiation.

Compliance Problems and Digitizing Case Management in England and Wales

2020 ◽  
pp. 153-178
Author(s):  
John Sorabji
Keyword(s):  
Artificial Intelligence ◽  
Case Management ◽  
Civil Procedure ◽  
Civil Justice ◽  
Reform Programme ◽  
Effective Operation ◽  
Compliance Problem ◽  
Civil Justice System ◽  
Civil Courts ◽  
Potential Use

Compliance with case management orders has been a hidden problem undermining the effective operation of the Civil Procedure Rules. The focus of academic critique has, however, been on the adverse consequences to their effective operation of non-compliance with such orders. This chapter considers this unexamined problem of case management: the compliance problem. It first examines the nature of the compliance problem, placing it within the context of the wider and substantially explored problem of non-compliance; the latter having formed a major limb of Zuckerman’s critique of English civil procedure. It then explores how current and potential future reforms to the English civil justice system arising from HMCTS reform programme, the Civil Courts Structure review, digitization and the potential use of artificial intelligence (AI) could overcome this unexplored problem.

15. Track allocation and case management

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Case Management ◽  
Civil Procedure ◽  
Civil Litigation ◽  
Allocation Rules ◽  
Royal Courts

Judicial case management of civil litigation is one of the central planks of the Civil Procedure Rules 1998 (CPR). In exercising their powers to manage cases, the courts will be seeking to secure the overriding objective of the CPR of ensuring that cases are dealt with justly and at proportionate cost. This chapter discusses procedural judges; docketing; provisional track allocation; filing directions questionnaires; track allocation rules; notice of allocation; allocation directions; ADR and stays to allow for settlement; transfer to appropriate court; trial in the Royal Courts of Justice; changing tracks; and subsequent case management.

Legal Issues Related to Case Management

1988 ◽  
Vol 14 (8) ◽  
pp. 239-244 ◽  
Author(s):  
Jacqueline M. Saue
Keyword(s):  
Case Management ◽  
Legal Issues
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