Extinctive Prescription of the Right to Claim Damages in Illegal Acts Related to Long-Term Construction Contracts - Supreme Court Decision 2017Da276679 Decided August 29, 2019 -

The Justice ◽  
2020 ◽  
Vol 179 ◽  
pp. 309-338
Author(s):  
Sun Hee Lee
Keyword(s):  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Construction Contracts ◽  
Illegal Acts ◽  
The Right

Lawyers in Juvenile Court

1967 ◽  
Vol 13 (4) ◽  
pp. 488-493 ◽  
Author(s):  
Spencer Coxe
Keyword(s):  
Supreme Court ◽  
Juvenile Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Supreme Court ◽  
The Right ◽  
Institutional Population

The article delineates the effect of Gault on the "right to counsel" in the juvenile court. It reviews the background of the Supreme Court decision and analyzes the controversy over the lawyer's role in adjudication and disposition and it discusses some of the effects of the ruling on institutional population and the backlog of cases awaiting disposition.

scholarly journals The Bathurst Diocese Decision in Australia and its Implications for the Civil Liability of Churches

2016 ◽  
Vol 19 (01) ◽  
pp. 14-34
Author(s):  
Neil Foster
Keyword(s):  
Supreme Court ◽  
New South ◽  
Civil Liability ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Development Fund ◽  
Legal Personality ◽  
South Wales ◽  
Single Judge

In the New South Wales Supreme Court decision of Anglican Development Fund Diocese of Bathurst v Palmer in December 2015, a single judge of the court held that a large amount of money which had been lent to institutions in the Anglican Diocese of Bathurst, and guaranteed by a letter of comfort issued by the then bishop of the diocese, had to be repaid by the bishop-in-council, including (should it be necessary) levying the necessary funds from the parishes. The lengthy judgment contains a number of interesting comments on the legal personality of church entities and may have long-term implications (and not merely in Australia) for unincorporated, mainstream denominations and their contractual and tortious liability to meet orders for payment of damages. The article discusses the decision and some of those implications.

scholarly journals Wasiat Wajibah Bagi Ahli Waris Beda Agama (Analisis Terhadap Putusan Mahkamah Agung Nomor: 368K/AG/1995)

2019 ◽  
Vol 17 (2) ◽  
pp. 188-210
Author(s):  
Iin Mutmainah ◽  
Muhammad Sabir
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Basis ◽  
Court Judge ◽  
Result Show ◽  
The Status ◽  
The Right

This study discusses about the testament wajibah to differently religious heirs (an Analysis of Supreme Court decision number: 368 K/AG/1995). The purpose of this study are to know about the principle of inheritance under islamic law, and to understand the status of testament to differently religious heirs , and to analyze the constitute of consideration and the legal basis used in deciding the rights of differently religious heirs. The result show that the testament wajibah given to differently religious heirs become a problem because of the status of differently religion, these heirs cannot get inheritance rights. Through the decision of supreme court, judge ruled that differently religious heirs have the right to get inheritance with some consideration. Although there is no rule on testament wajibah to differently religious heirs, the judge have succeeded in ijtihad, finding and exploring the value of existing law. This decree shows that the judges actually carry out duties as a legislator who receive, examine, and decide cases such a new through benefit consideration based on the Qur’an and Hadith

scholarly journals Responsible publication of criminal accusations in New Zealand – the case for change

2021 ◽  
Author(s):  
◽  
William Steel
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Freedom Of Expression ◽  
Supreme Court Decision ◽  
Current Approach ◽  
Court Decision ◽  
Uk Supreme Court ◽  
The Right ◽  
Criminal Conduct ◽  
Court Of Appeal

<p>In 2000, a full Court of Appeal in Vickery v McLean excluded all generally published allegations of criminal conduct from the protection of Lange qualified privilege. Highlighting difficulties with the Court of Appeal’s reasoning, this paper argues that New Zealand’s current approach represents an unjustifiable limitation on the right to freedom of expression and is out of line with comparable jurisdictions. It suggests that adopting the principle from the recent UK Supreme Court decision in Flood v Times Newspapers Ltd, within the existing Lange framework, strikes a more appropriate balance between freedom of expression and the right to reputation. Doing so would allow Lange privilege to protect unproven, but verified, allegations of criminal impropriety whilst adequately safeguarding reputations and guarding against fears of trial by media.</p>

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