Institutions of court settlement and Judicial /court-annexed mediation as part of the unified system of justice

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 12-18
Keyword(s):  
Legal Institutions ◽  
Court System ◽  
Common Goal ◽  
Civil Process ◽  
Litigation Process ◽  
Civil Proceedings ◽  
The Common ◽  
Court Mediation

In Georgia, the existence and strengthening of two important legal institutions - court settlement and court mediation may provide opportunities, in order to ensure the common goal – the satisfaction of the interests of individuals, in the civil proceedings, much faster, and with less expanses, than it can be achieved in civil process. Consequently, in the court system, highlighting their importance, may excel the unified chain of justice and ensure trust towards the judiciary. In the paper, it is considered relevant, to describe the fact of settlement in the court with the term "court settlement" and not like "settlement", as the term “settlement” can also be considered to describe an agreement, reached by the parties, before the litigation process. At the same time, in order to ensure the institutionalization of mediation in Georgia, it is necessary to continue attempts, not only in the direction of improving the legislation, but also to introduce and implement new mediation programs. The implementation of the presented recommendations, as a result, may facilitate the introduction of legal institutions and the improvement of the unified chain of justice.

scholarly journals Interim Measures in the Civil Proceedings in England: the Concept and Certain Types

Legal Concept ◽  
2020 ◽  
pp. 121-128
Author(s):  
Valentina Koncheva
Keyword(s):  
Legal Regulation ◽  
Judicial Discretion ◽  
Legal Institutions ◽  
Legal Practice ◽  
Civil Process ◽  
Judicial Practice ◽  
Civil Proceedings ◽  
Civil Remedies ◽  
The Subject ◽  
Interim Measures

Introduction: the legal institutions aimed at creating conditions for the efficiency of justice are now the subject of attention in the field of civil proceedings. This includes the institution of interim measures. The legal regulation of interim measures in the civil proceedings in England has been actively developing for several decades and today is of considerable interest to business, science and legal practice. The purpose of the research is to analyze the concept and features of the legal regulation of the main types of interim measures that can be of interest for forming the ideas about the possibilities of development of the Russian civil process. The obtained research results are based on the analysis of the normative provisions of Civil Procedure Rules 1998, the Senior Courts Act 1981, relating to the powers of the courts, the grounds and procedure for applying interim measures in the civil proceedings. The examples of judicial practice and the opinions of the researchers and practitioners are considered. The paper considers the general features of the legal institutions of interim measures in England and Russia and the peculiarities of understanding the legal possibilities of interim measures in the civil proceedings in England. Conclusions: the experience of England in solving the issues of ensuring the efficiency of civil remedies is of interest for both Russian legal science and practice. The study shows that there are specific features of the approach to the functioning of interim measures. This includes a fairly large amount of judicial discretion, a preliminary guarantee of compensation for the defendant’s losses, and mostly voluntary enforcement of the court requirements. The legal experience of England may be of interest for discussing the ways to improve the domestic procedural regulation of interim measures.

ON THE CLASSIFICATION OF DIGITAL TECHNOLOGIES IN CIVIL PROCESS

2019 ◽  
pp. 27-35
Author(s):  
Alexandr Neznamov
Keyword(s):  
Information Processing ◽  
Scientific Community ◽  
Digital Technologies ◽  
Significant Feature ◽  
Legal Proceedings ◽  
Civil Process ◽  
Civil Proceedings ◽  
Processing Information ◽  
The Impact

Digital technologies are no longer the future but are the present of civil proceedings. That is why any research in this direction seems to be relevant. At the same time, some of the fundamental problems remain unattended by the scientific community. One of these problems is the problem of classification of digital technologies in civil proceedings. On the basis of instrumental and genetic approaches to the understanding of digital technologies, it is concluded that their most significant feature is the ability to mediate the interaction of participants in legal proceedings with information; their differentiating feature is the function performed by a particular technology in the interaction with information. On this basis, it is proposed to distinguish the following groups of digital technologies in civil proceedings: a) technologies of recording, storing and displaying (reproducing) information, b) technologies of transferring information, c) technologies of processing information. A brief description is given to each of the groups. Presented classification could serve as a basis for a more systematic discussion of the impact of digital technologies on the essence of civil proceedings. Particularly, it is pointed out that issues of recording, storing, reproducing and transferring information are traditionally more «technological» for civil process, while issues of information processing are more conceptual.

Hemorrhoidal Laser procedure (HeLP) and Hemorrrrhoidal Laser procedure + mucopexy (HeLPexx) and other Emerging Technologies

2020 ◽  
Vol 15 ◽  
Author(s):  
Paolo Giamundo
Keyword(s):  
Laser Treatment ◽  
Dentate Line ◽  
Mucosal Prolapse ◽  
Daily Activities ◽  
Common Goal ◽  
Superior Rectal Artery ◽  
Doppler Probe ◽  
The Common ◽  
Probe Set

Background: Minimally-invasive treatments for hemorrhoids should be encouraged as they cause low morbidity, reasonable discomfort and quicker return to work. According to the “vascular theory” hemorrhoidal disease is mainly caused by blood overflow into hemorrhoidal plexus deriving from the superior hemorrhoidal arteries. Introduction: Many different procedures have been described in the literature with the common goal of reducing the blood flow into the hemorrhoidal piles. ‘HeLP’ (Hemorrhoids Laser Procedure) is a novel form of dearterialization to treat patients suffering from symptomatic hemorrhoids. Methods: The procedure consists of the closure of the terminal branches of the superior rectal artery approximately 2-3 cm above the dentate line by means of laser shots originated by a diode laser platform. The arteries, at that level, have variable location and distribution. Therefore, a doppler probe set at the frequency of 20MHz helps identifying the arteries that would be missed otherwise. The laser beam is well tolerated by patients. For this reason, anesthesia is not required in most cases and the procedure allows a quick return to daily activities. In case of concomitant severe mucosal prolapse, the laser treatment can be combined with suture mucopexy. Three to six running sutures allow a complete lifting of hemorrhoidal piles, securing long-term resolution of symptoms. Results and Conclusions: ‘HeLP’ is indicated in patients with symptomatic hemorrhoids where conservative treatment failed and when mucosal prolapse is scarce or not symptomatic. The addition of mucopexy to laser treatment (HeLPexx) contributes to overall resolution of symptoms when mucosal prolapse is an issue, Emborrhoid is another novel, ‘hi-tech’ form of selective dearterialization used in selected case of hemorrhoids where main symptom is bleeding. It is generally used in cases where surgery is contraindicated due to severe concomitant diseases.

Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

Busting Myths in Compound Handling Practices for Assay Developers

2021 ◽  
pp. 247263032110233
Author(s):  
Rosalia Gonzales ◽  
Travis Mathewson ◽  
Jefferson Chin ◽  
Holly McKeith ◽  
Lane Milde ◽  
...  
Keyword(s):  
The Other ◽  
Common Goal ◽  
Collaborative Relationship ◽  
Sample Handling ◽  
Root Cause ◽  
The Common ◽  
Recommended Practices ◽  
Handling Practices ◽  
The One

Since the advent of modern-day screening collections in the early 2000s, various aspects of our knowledge of good handling practices have continued to evolve. Some early practices, however, continue to prevail due to the absence of defining data that would bust the myths of tradition. The lack of defining data leads to a gap between plate-based screeners, on the one hand, and compound sample handling groups, on the other, with the latter being the default party to blame when an assay goes awry. In this paper, we highlight recommended practices that ensure sample integrity and present myth busting data that can help determine the root cause of an assay gone bad. We show how a strong and collaborative relationship between screening and sample handling groups is the better state that leads to the accomplishment of the common goal of finding breakthrough medicines.

THE ESSENCE AND CHARACTERISTICS OF THE DETERMINANTS OF SELF-COMMUNICATION DISCOURSE AS AN INTERNAL DIALOGUE

2021 ◽  
pp. 73-81
Author(s):  
I. A. Shapoval ◽  
Keyword(s):  
Differentiation Of Self ◽  
Mental Content ◽  
Self Concept ◽  
Self Organization ◽  
Common Goal ◽  
The Core ◽  
Self Confidence ◽  
Internal Dialogue ◽  
Study Results ◽  
The Common

The paper presents the interdisciplinary analysis of the determinants of the system of self-communication discourse and internal dialogue as the forms of objectivation of human mental content focused on some actions for meeting some objectives. The author describes discourse as integration of communication and language processes in self-understanding and personal identity. Contextually determined and dynamic self-communication discourse, as a way of acquirement of new senses and confirmation of old ones, verbalizes current personal values. The study results reveal the characteristics and relations of the internal dialogue discourse determinants within the human objectivity–subjectivity continuum. Discourse determinants prescribe its context and rules and include the prototype place and agents with their motives and objectives. Self-positions manifested in Self and Non-Self (Other Self) binary self-predications form the core pair of agents. The modality of a person’s attitude to own Self-positions makes their communications a dialogue or a monologue on the boundary of their sub-territories as a discourse prototype place. The degree of discourse agency, its closeness within the prototype place, or transgression openness depends on the complexity and differentiation of Self-concept and ego boundaries functionality. The frustration of meta-necessity to keep self-confidence and self-acceptance by reassessment and reformation of interrelations of Self-positions determines the motives and objectives of self-communication. The common goal of self-organization is implemented through the internal dialogue in the form of institutionalization, verification, and integration of their Self-predications. Status-role characteristics of agents and functionality of discourse prototype place determine the specificity of its motives and objectives according to the systemic effects of Self-organization.

THE DALAI LAMA AND ACADEMIC RESEARCH TO THE 85TH ANNIVERSARY OF THE 14TH DALAI LAMA

2020 ◽  
pp. 149-161
Author(s):  
Alla M. Shustova ◽  
Keyword(s):  
South India ◽  
Academic Research ◽  
Single Atom ◽  
Altered States ◽  
Common Goal ◽  
Dalai Lama ◽  
Buddhist Meditation ◽  
Fundamental Knowledge ◽  
The Common ◽  
The Universe

The article is dedicated for the 85th anniversary of His Holiness Dalai Lama the 14th Tenzin Gyatso and considers his contribution to establishing the dialogue between academic research and spirituality. It depicts main points of Dalai Lama’s way in science, the results of which he described in his book ‘The Universe in a Single Atom. How Science and Spirituality Can Serve Our World’. In this book His Holiness tried to explain the possibility of reaching a unified vision of the world, based not only on science but also on spirituality. Dalai Lama is sure of the necessity of the dialogue between science and Buddhism; he believes that there are certain points, where science and Buddhist philosophy come very close to each other, and may form a good base for such a dialogue. It is for example non-theistic character of both science and Buddhism, the similarity of their methods of cognition, along with the common goal of attaining the truth. Dalai Lama raises one important question: Should there be a place for ethics in science? Giving the positive answer, he then proves it expressly. For several decades Dalai Lama has been undertaking active efforts to facilitate the dialogue between science and spirituality. Recently Russian scholars have also joined this process. By Dalai Lama’s initiative two big conferences were held under the aegis of the program “Fundamental knowledge: dialogues of Russian and Buddhist scholars”. As a result of these meetings the joint Russian and Buddhist research center was organized in South India to study the altered states of conciseness, basing on various types of Buddhist meditation.

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