scholarly journals ADR AND CIVIL PROCEEDING IN ITALY 2021, POTENTIAL DEVELOPMENTS COMMISSIONE LUISO

2021 ◽  
Vol 22 (3) ◽  
Author(s):  
Giovanni Matteucci
Keyword(s):  
Civil Proceeding

scholarly journals TUNTUTAN PROVISI DALAM GUGATAN PELANGGARAN MEREK PADA PENGADILAN NIAGA

1970 ◽  
Vol 2 (1) ◽  
Author(s):  
Devi Marlita Martana
Keyword(s):  
Law Enforcement ◽  
Literature Study ◽  
Trademark Law ◽  
Trademark Infringement ◽  
Civil Proceeding ◽  
Investigation Process

Act Number 15 Year 2001 regarding  Trademark has set the provisional charges. Provisional charges may be filed by the plaintiff while the investigation process of trademark infringement lawsuit in court of commerce is still ongoing. In a civil proceeding, the provisional charge must not be the primary charge, however the provisional charge that is set out in the Trademark Act has already concerned the primary charge. Actions that can be requested in the provisional charge according to Article 78 paragraph (1) in the  Trademark Act include cessation of production, cessation of circulation of goods and / or services using Plaintiff's trademark illegally. Using literature study that utilizes primary legal materials and secondary legal materials as the research object, the results of the discussion are expected to be based on sufficient arguments to provide benefits for those who are interested to learn the trademark law enforcement.

Undoing the Legal Capacities of a Military Object: A Case Study on the (In)Visibility of Civilians

2017 ◽  
Vol 42 (02) ◽  
pp. 377-397 ◽  
Author(s):  
Martina Kolanoski
Keyword(s):  
Armed Conflicts ◽  
Membership Categorization Analysis ◽  
Sequential Approach ◽  
Object A ◽  
Legal Documents ◽  
Membership Categorization ◽  
Field Notes ◽  
Civil Proceeding ◽  
The Military

International law dictates that actors in armed conflicts must distinguish between combatants and civilians. But how do legal actors assess the legality of a military operation after the fact? I analyze a civil proceeding for compensation by victims of a German-led airstrike in Afghanistan. The court treated military video as key evidence. I show how lawyers, judges, and expert witnesses categorized those involved by asking what a “military viewer” would make of the pictures. During the hearing, they avoided the categories of combatants/civilians; the military object resisted legal coding. I examine the decision in its procedural context, using ethnographic field notes and legal documents. I combine two ethnomethodological analytics: a trans-sequential approach and membership categorization analysis. I show the value of this combination for the sociological analysis of legal practice. I also propose that legal practitioners should use this approach to assess military viewing as a concerted, situated activity.

Das Gebot der zivilprozessualen Waffengleichheit

2021 ◽  
Author(s):  
Kilian Friedrich
Keyword(s):  
Broad Spectrum ◽  
Common Sense ◽  
German Law ◽  
General Definition ◽  
Opposing Party ◽  
Civil Proceedings ◽  
Scope Of Application ◽  
Civil Proceeding

In German law, the concept of ‘equality of arms’ in civil proceedings is widely accepted. Yet, its scope of application is still vague and in need of further clarification. While the basic idea that both parties to a civil proceeding should be able to fight each other with equal means and that every party should have the opportunity to present their case to the court in circumstances which do not place them at a substantial disadvantage vis-à-vis the opposing party seems to be common sense, the general definition offers a broad spectrum of possible interpretations with regard to various details. The paper discusses the meaning of the equality of arms principle in Germany.

scholarly journals SIDANG PEMERIKSAAN SETEMPAT PADA PERADILAN HUBUNGAN INDUSTRIAL DALAM PELAKSANAAN ASAS PERADILAN CEPAT TEPAT ADIL DAN MURAH

2018 ◽  
Vol 4 (1) ◽  
pp. 141
Author(s):  
Holyness Singadimeja ◽  
Sherly Ayuna Puteri
Keyword(s):  
Industrial Relations ◽  
Civil Procedure ◽  
Time Limit ◽  
Procedural Law ◽  
Civil Proceeding ◽  
Case Site

Basically, the procedural law of industrial relations court is quite similar to civil procedure apply in ordinary court. Article 57 of Law No. 2 of 2004 states that the procedural law apply in industrial relations court is civil procedure apply in ordinary court, unless particularly provided in Law No. 2 of 2004. It means that Law No. 2 of 2004 is lex specialis of HIR, RBg, or Rv. Site examination often held in civil proceeding to obtain certain evidence and make clear the case. Unfortunately, in industrial relations case, site examination may lead to obstacles for the judges and the parties, mostly for the employees, since the time limit to solve the case and the costs that should be paid by the parties.

scholarly journals Admissibility of the Use of Electronic Means of Evidence Obtained Unlawfully in a Civil Proceeding

Teisė ◽  
2019 ◽  
Vol 113 ◽  
pp. 205-213
Author(s):  
Aleksandra Klich
Keyword(s):  
Mobile Phones ◽  
The Other ◽  
Unresolved Issue ◽  
Procedural Law ◽  
Civil Proceeding ◽  
The Subject

The admissibility of the use of evidence obtained unlawfully, referred to as the fruit of the poisonous tree, still remains an unresolved issue on the basis of Polish procedural law. The author in her paper will focus on such forms of evidence, which are more and more often the subject of evidentiary procedures, noting that this mainly concerns the content of private conversations conducted with the use of messengers and community portals, call recordings, and telephone billings, data obtained from mobile phones, or so-called print screens, which are often obtained in an illegal manner, interfering with the sphere of privacy of the other person.

No Longer Turning a Blind Eye to International Atrocities: Reframing Foreign Officials’ Functional Immunity as a Breach of States' International Legal Obligations to Effectively Prohibit Derogations from Peremptory Norms

2021 ◽  
Vol 49 (2) ◽  
pp. 80-101
Author(s):  
Ariel Rawls
Keyword(s):  
Gaza Strip ◽  
District Court ◽  
Entire Family ◽  
Legal Obligations ◽  
Israeli Government ◽  
Civil Suit ◽  
Functional Immunity ◽  
Civil Proceeding ◽  
The Gaza Strip ◽  
Peremptory Norms

On January 29, 2020, an Israeli air strike proved fatal, taking the lives of an entire family, a twelve-year-old child the youngest among them. The airstrike was carried out as part of Israel's military operation, Operation Protective Edge, in the Gaza Strip, and despite the deaths of numerous civilians, the State of Israel alleged that the strike was committed in pursuance of official duties. Ismail Zeyada, whose mother, brothers, sister-in-law, and nephew all perished in the airstrike, initiated a civil suit in the Netherlands against the two former Israeli military officials involved. In a devastating blow to the victims and their families, the District Court of the Hague dismissed the civil proceeding brought against the former Israeli officers. The Court cited the doctrine of functional immunity as the basis for this decision. The functional immunity, or immunity ratione materiae, of these officials bars the prosecution of them in any state besides Israel, absent a waiver by the Israeli government. As such, the victims of the airstrike, an act that might amount to a war crime, is not one for which victims are being offered redress. Although domestic prosecution of the case before Israeli courts is theoretically possible and is not precluded by the District Court of the Hague's dismissal, domestic prosecution is neither likely to occur nor likely to result in fair redress for the victims of this atrocity. This is not the justice these victims deserve. And it is not the justice that international law assures them.

Documents and other Materials as Written Evidence in a Civil Proceeding

2021 ◽  
Vol 6 ◽  
pp. 63-67
Author(s):  
T. V. Shakit'ko ◽  
Keyword(s):  
Civil Process ◽  
Legal Nature ◽  
Civil Proceeding

In this article, the author analyzes written evidence as a type of evidence in a civil process; draws the attention of readers to the uncertainty of understanding of written evidence, discusses the legal nature of individual evidence, which can be attributed to written.

DNA Profiling Bill 2007: Parliament of the Republic of India, New Delhi

2008 ◽  
Vol 5 (2) ◽  
Keyword(s):  
Dna Analysis ◽  
Data Bank ◽  
Dna Profiling ◽  
New Delhi ◽  
Sensitive Information ◽  
Administration Of Justice ◽  
Biological Relationship ◽  
Civil Proceeding ◽  
The Republic ◽  
Dna Profiles

The Deoxyribose Nucleic Acid (DNA) analysis of body substances is a powerful technology that makes it possible to determine whether the source of origin of one body substance is identical to that of another, and further to establish the biological relationship, if any, between two individuals, living or dead without any doubt. With the objective to enhance protection of people in the society and administration of justice, analysis of DNA found at the scene of crime, of the victim or offender has been used to establish identity. The DNA analysis offers sensitive information which, if, misused can cause harm to person or society. There is, thus, need to regulate the use of DNA Profiles through an Act passed by the Parliament only for Lawful purposes of establishing identity in a criminal or civil proceeding and for other specified purposes.In order to achieve this objective, it will be essential to establish standards for laboratories, staff qualifications, training, proficiency testing, collection of body substances, custody trail from collection to reporting and a Data Bank with policies of use and access to information therein, its retention and deletion. DNA Data Bank Manager will supervise, execute and maintain this system and a DNA Profiling Board of eminent scientists, administrators and Law enforcement officers will administer and carry out other functions assigned to it under this Act. The proposed Legislation, therefore, be enacted keeping the above objectives in view.

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