scholarly journals Decisions of the Samogitian Court in the First Decade of the Seventeenth Century

Lituanistica ◽  
2021 ◽  
Vol 67 (1) ◽  
Author(s):  
Darius Vilimas
Keyword(s):  
Seventeenth Century ◽  
Court Decisions ◽  
Administration Of Justice

The article examines several types of legal dispute resolutions in Samogitian castle and land courts in the first decade of the seventeenth century. These are non-appear­ance decisions and reconciliations between litigants. Dozens of examples from castle and land courts are provided. The ways of arriving at the court decisions discussed were measures aimed at accelerating the administration of justice, which was not quick enough due to endless disputes, appeals, or postponement of cases in the courts of Samogitia. Reconciliation was often achieved on the eve of oaths in court. At the same time, efforts were made to reduce the enormous workload of the courts in the region.

Murder and Manslaughter in Malawi's Traditional Courts

1974 ◽  
Vol 18 (1) ◽  
pp. 37-56 ◽  
Author(s):  
Paul Brietzke
Keyword(s):  
Customary Law ◽  
Court Decisions ◽  
Criminal Jurisdiction ◽  
The People ◽  
Objective Evidence ◽  
Administration Of Justice ◽  
The Government

In 1969, Malawi accorded extensive criminal jurisdiction to its Local or Traditional Courts, in an attempt to make the administration of justice more palatable to the Government and the people. There has been a sufficient number of Traditional Court decisions to permit a tentative analysis of the results of this experiment. A deeper study awaits the passage of time. This article is an attempt to inject some objective evidence into the debate over the desirability of courts in which lay judges apply customary law.

scholarly journals Main Fundamentals of Economic Judiciary of Ukraine

2020 ◽  
Vol 9 (1) ◽  
pp. 34
Author(s):  
Vadym Koverznev
Keyword(s):  
Rule Of Law ◽  
Final Stage ◽  
Court Decisions ◽  
The Rule Of Law ◽  
Legal Principles ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Principle Of Justice ◽  
Judicial Proceedings ◽  
Judicial Protection

The article deals with the principles of judicial proceedings by economic courts of Ukraine and their legal nature is disclosed. The relation between the concepts of "jurisdiction" and "justice" is determined; the author formulates the principle of the rule of law and outlines its main elements; the legal nature of the principle of justice and its variants is disclosed; criteria for determining the reasonableness of the terms of the court's consideration of the case are proposed; it is substantiated that the enforcement of the judgment is the final stage of the administration of justice and one of the main criteria for determining the effectiveness of judicial protection of individual rights. The author has proved that the current economic procedural legislation of Ukraine is based on the international legal principles of activity of judicial bodies and ways of its improvement are suggested. Keywords: fundamentals of economic judiciary, jurisdiction, justice, the rule of law, ratability, binding nature of court decisions

scholarly journals "The Prevention of That Abominable Mixture and Spurious Issue": Continuity in the Prosecution of Miscegenation in Virginian Laws and Court Decisions, 1630-1691

1969 ◽  
Vol 5 ◽  
Author(s):  
Steven Lilley
Keyword(s):  
Seventeenth Century ◽  
Sexual Intercourse ◽  
Religious Tradition ◽  
Court Decisions ◽  
Sexual Relations ◽  
Church Courts ◽  
Blacks And Whites ◽  
Interracial Sex ◽  
The Church

In the historical debate over the legitimation of Virginian black slavery in the seventeenth century, some historians argue that the legal prosecution of interracial sexual relations was a calculated effort to institute slavery. Conversely, others assert that lawmakers and law enforcers did not actively discourage interracial sex until they enacted legislation that explicitly forbade miscegenation in the 1660s and again in the 1690s. However, an examination of Virginian laws and court decisions regarding fornication from 1630 to 1691 reveals a different story. Colonial authorities inherited a revulsion towards miscegenation from the English intellectual and religious tradition, and they used three different legal methods to prevent sex between blacks and whites. Before they introduced legislation that explicitly sought to punish whites for miscegenation in the 1660s and 1690s, the secular authorities of the 1630s and 1640s resorted to enforcing moral laws originally meant for the Church courts, and they then introduced general laws against fornication that were disproportionately applied to cases of pre-marital sexual intercourse involving blacks. While the methods of sexually segregating white and black colonists changed over the course of the seventeenth century, the desire to prevent miscegenation was always present in the minds of colonial officials in this era.

Administration of Justice in Seventeenth Century India (A Study of Salient Concepts of Mughal Justice)

1973 ◽  
Vol 78 (3) ◽  
pp. 721
Author(s):  
Fritz Lehmann ◽  
B. S. Jain ◽  
A. L. Srivastava ◽  
Noman Ahmad Siddiqi ◽  
J. S. Grewal ◽  
...  
Keyword(s):  
Seventeenth Century ◽  
Administration Of Justice

scholarly journals INTERNATIONAL STANDARDS FOR ENSURING THE RIGHT OF ACCESS TO COURT FOR PARTICIPANTS OF ECONOMIC RELATIONS

2020 ◽  
pp. 34-42
Author(s):  
V.O. Koverznev ◽  
◽  
◽  
Keyword(s):  
Rule Of Law ◽  
The State ◽  
Fundamental Rights ◽  
International Standards ◽  
Access To Justice ◽  
Court Decisions ◽  
The Rule Of Law ◽  
Economic Relations ◽  
Administration Of Justice ◽  
The Right

Transformation and sustainable development of modern countries is not possible without providing all participants in economic relations with equal access to justice, which should be based on respect for fundamental rights, the Rule of Law, transparent courts and the effective administration of justice, guaranteeing public access to information about activity of commercial courts. The term "access to court" is a complex legal category based on several basic criteria, the simultaneous provision of which guarantees the actual observance of a person's right to access to justice, in particular: 1) financial, which provides for the obligation of the state to establish such an algorithm for determining the amount of court costs, which takes into account the property of the party and does not create obstacles to the exercise of the right to go to court, while acting as a safeguard against abuse of the right to go to; 2) territorial, which provides that the system of courts of general jurisdiction should be built taking into account the territorial structure of the state, with local courts, which consider all cases as courts of first instance, should be territorially as close as possible to the person; 3) organizational — provides for the optimal organization of the judicial system, which should be simple and, at the same time, clear and effective, in the context of access to court and the procedure for protection of individual rights. In addition, both the system of general courts as a whole and each individual court of general jurisdiction must be established and carry out their procedural activities in strict accordance with national law; 4) informational, according to which each state must legislate to inform its citizens and business entities about the procedure for going to court, about the conditions of providing certain categories of socially vulnerable citizens engaged in business activities, professional legal assistance provided by lawyers at the expense of the state, as well as the cur rent procedural rules; 5) procedural, which guarantees the administration of justice on the basis of the Rule of Law, as well as impartiality and impartiality of the court and judges, reasonable timeliness of court proceedings, publicity of proceedings and promulgation of court decisions, proper motivation and justification of court decisions, ensuring effective execution of court decisions and respect for final court decision; 6) quality of legislation, which imposes on the state the obligation to adopt legislation that meets the requirements of accessibility and predictability, so that each person has the opportunity to obtain adequate information about the circumstances of the application of legal norms in a particular case.

scholarly journals THEORETICAL AND APPLIED ASPECT OF CONSIDERATION OF CRIMINAL CASES BY A JURY TRIAL

2020 ◽  
Author(s):  
B. Drychyk
Keyword(s):  
Statistical Analysis ◽  
Selection Procedure ◽  
Case Law ◽  
Jury Trial ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Applied Aspect ◽  
Administration Of Justice ◽  
Jury Trials

The article analyzes the procedural aspects of the administration of justice by a jury trial in criminal proceedings. Given the relatively low percentage of jury trials in the total number, it is necessary to regulate in detail the selection procedure, the rights, obligations and guarantees of jurors, their role in court decisions. The results of the work, in particular, contain conclusions on the possibility of participation of jurors in various categories of criminal cases, the establishment of additional guarantees, a detailed selection procedure, the understanding of the jury themselves their role in the process. In addition, the case law on this issue was analyzed and a statistical analysis of the jury trial was conducted.

scholarly journals The Oath as an Element of Juridical Culture in Early-Seventeenth-Century Courts of Samogitia

Lituanistica ◽  
2021 ◽  
Vol 67 (3) ◽  
Author(s):  
Darius Vilimas
Keyword(s):  
Seventeenth Century ◽  
Administration Of Justice ◽  
A Charge ◽  
The Postponement

The work is focused on the use of the oath in Samogitian land and castle court books at the beginning of seventeenth century. The oath was administered quite often and it was the fastest way to resolve one instance of litigation or another. According to the submitted examples of seventeenth-century court books, oaths were incriminating or exculpatory. Incriminating oaths (those of the plaintiff party) were more frequent. Administering an oath did not necessarily mean it would be fulfilled as they often ended in a reconciliation or postponement. Reconciliation under oath did not always mean that the defendant would be exempt from financial sanctions, which courts often imposed even after a formal conciliation. Partial oaths were also practiced: the oath would be divided into several segments and a person would swear to one segment of a charge and not to another. The postponement or withholding of oaths resulted not only from formal reasons but also from the desire not to err in hasty administration of justice.

The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues
Keyword(s):  
Pharmaceutical Companies ◽  
Court Decisions ◽  
Patent Holder ◽  
Trial Court ◽  
Court Of Appeals ◽  
The Us ◽  
Antitrust Laws ◽  
Per Se ◽  
Appeals Court ◽  
Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

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