Traffic Radar

Author(s):  
Donald C. Thorn

Let us begin by making it clear that we are very strong advocates of the use of radar by police in speed limit enforcement. Without this particularly useful tool, it would be much more difficult to enforce some very important limits such as those associated with school zones. At the request of a local police force we have testified at a legislative hearing in opposition to a proposed law that would have limited the use of radar by police. However, we have also been involved in court situations in which we were prepared to state a professional opinion that the radar unit had been misused and that the speed reported on the citation was quite possibly inaccurate. In the bulk of this practice we see actual or possible litigation to resolve questions of responsibility for injury and/or property damage - that is, civil law. When we become involved in traffic radar questions we must remind ourselves that we are looking at criminal law and the rule is now one of reasonable doubt. Thus,

Author(s):  
Detlef Liebs

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.


Author(s):  
Umberto Laffi

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.


1987 ◽  
Vol 14 (4) ◽  
pp. 238-239 ◽  
Author(s):  
Edith Greene ◽  
Edith Greene

This article describes a course that bridged the disciplines of clinical and experimental psychology and the law. The course included discussion of issues in criminal law, such as the psychology of policing, the reliability of confessions, victimization, plea bargaining, jury decision making, and alternative dispute resolution, and in civil law, such as civil commitment, predicting dangerousness, and child custody. Course objectives, requirements, and teaching aids are outlined, and some thoughts on integrating these diverse topics are included.


SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 267
Author(s):  
Hajairin Hajairin ◽  
Gufran Sanusi ◽  
Aman Ma’arij

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.


Author(s):  
Владимир Шерстнев ◽  
Vladimir Sherstnev

One of the directions for improving the enforcement mechanism (criminal law norms) is the creation of a simplified pre-trial procedure for resolving simple criminal- legal disputes. The author makes several suggestions for creating such a procedure. This implies increased competition in the legal organization of pre-trial proceedings and the emergence of the possibility of replacing the criminal law measure of liability with administrative law or civil law.


2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 


Law and World ◽  
2021 ◽  
Vol 7 (5) ◽  
pp. 124-144

The protection of personal human rights is especially important after the death of the victim. First of all, it is necessary to determine what is meant by the personal rights of a person, what personal rights can be protected after the death of the victim, in order to determine what is meant by the protection of the personal rights of the deceased. Then it is necessary to find out what the characteristics of a person are, by whom, how and in what form these rights are protected, and what harm can be caused by the violation of personal rights. It is true that the violation of personal rights is not allowed by law, but, nevertheless, there are many facts around us when the personal rights of the deceased and the living are violated. It is also desirable to protect personal rights acquired at birth from being violated by others both during the life and after the death of the victim. It is true that a person with personal rights protects his life and can claim compensation for property and / or non-property damage, but after the death of the victim, the law prohibits relatives or friends of the deceased from claiming compensation. for moral damage in violation of these rights. However, if a person was rehabilitated after his / her death, but the unlawful condemnation of the victim or other illegal legal actions damaged both the name and reputation of the heir, it is recommended to give the victim’s heir the right to claim compensation for the damage directly caused to him.


Sign in / Sign up

Export Citation Format

Share Document