scholarly journals The criminal liability of the medical team considering the recent orientation of the Italian Court of Cassation

2022 ◽  
Vol 25 ◽  
pp. 214-225
Author(s):  
Emanuela Furramani ◽  
Rrezart Bushati
Keyword(s):  
Medical Treatment ◽  
Supreme Court ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Case Law ◽  
Division Of Labour ◽  
Court Case ◽  
Medical Team ◽  
Supreme Court Case ◽  
Italian Constitution

This article aims to analyze the thematic of medical team liability considering the recent Italian Supreme Court case-law, highlighting the various problems linked to the identification of the responsibility of each member of the team. The participation of several subjects in the execution of medical treatment makes the question of criminal liability very complex, especially when it comes to inauspicious events, such as injuries or death, occurring during medical treatment. The question concerns the exact identification of the duty of care and vigilance of the medical team and whether this duty is in line with the principle of individual criminal responsibility guaranteed by Article 27 of the Italian Constitution. In this regard, the case-law has elaborated the so-called “principle of reasonable confidence”, according to which the division of labour that belongs to each member should involve a delimitation of his responsibility, limited only to what is within his competence, except in case of the person who organizes, directs, and controls the team. Precisely, based on this principle, the Italian Supreme Court in 2018 reasserted that in the medical team is necessary to identify the role played by each member, thus avoiding resorting to objective responsibility.

3. Certainty and formalities

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
The Other ◽  
Court Case ◽  
Flexible Systems ◽  
Electronic Transactions ◽  
Supreme Court Case ◽  
Electronic Contracting ◽  
The One ◽  
Binding Agreement

This chapter looks at the need for certainty and formalities in contracting. It explores case law which illustrates, on the one hand, that a willingness of the parties to make a contract does not necessarily amount to a legally binding agreement, whilst on the other hand, there is potential for the court to fill in any gaps to give effect to agreements. The issues surrounding an agreement which is expressed to be ‘subject to contract’ are explored in light of the recent Supreme Court case of RTS Flexible Systems Ltd. The reasons for when contract formalities may be required are also noted. There is also discussion of electronic contracting, in relation to the introduction of the Electronic Identification and Trust Services for Electronic Transactions Regulations (2016/696).

scholarly journals La filiación internacional a examen por el Tribunal Supremo. A propósito de las sentencias TS 223 y 224 de 17 de abril de 2018 = International declaration of parentage before the Supreme Court. Supreme Court case Law Nº 223 and 224, 17th April 2018

2019 ◽  
Vol 11 (2) ◽  
pp. 624
Author(s):  
Mónica Guzmán Zapater
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Case Law ◽  
Court Case ◽  
International Jurisdiction ◽  
Applicable Law ◽  
Time Element ◽  
The Supreme Court ◽  
Supreme Court Case ◽  
Conflict Of Law

Resumen: Dos Sentencias del TS de 2018 abordan el problema de la sucesión de normas de competencia judicial y norma de conflicto en procesos de filiación. En atención a los valores que presiden la materia se decantan soluciones ad hoc sin proclamarla aplicación retroactiva de las nuevas normas en la materia.Palabras clave: filiación, competencia judicial internacional, ley aplicable, elemento temporal de las normas de conflicto, valores y objetivos en presencia, otras cuestiones.Abstract: In two cases Spanish Supreme Court goes through the question of temporary application of new rules on jurisdiction and applicable law in ascertainment filiation actions. Taking into account interest and values on filiation actions finally establishes ad hoc solutions in each case avoiding a formal declaration on it´s retroactive consequences.Keywords: filiation, international jurisdiction, applicable law, time element in conflict of law rules, values and objectives, other questions.

The Relevance of Trauma and Secondary Trauma to Death Penalty Cases

2020 ◽  
pp. 213-228
Author(s):  
Robyn Painter
Keyword(s):  
Life History ◽  
Supreme Court ◽  
Death Penalty ◽  
Secondary Trauma ◽  
Case Law ◽  
Severe Trauma ◽  
Court Case ◽  
Prophylactic Measures ◽  
Supreme Court Case ◽  
Mitigating Factor

This chapter discusses the relevance of trauma and secondary trauma to death penalty investigations and investigators. U.S. Supreme Court case law recognizes severe trauma in a client’s life history as a powerful mitigating factor. However, uncovering and working effectively with someone else’s most traumatic moments is a delicate and difficult process in the best of circumstances. This chapter outlines recent case law in this area, practical considerations for capital defense teams, and best practices for establishing rapport and investigating your client’s past trauma. Prophylactic measures practitioners can take for preventing their own secondary trauma is also discussed.

Who Owns the Land? Litigants, Justices, Colonos, and Titleholders’ Struggle to Define the Origins of Private Property in Colombia

Global Jurist ◽  
2015 ◽  
Vol 15 (3) ◽  
Author(s):  
Lina M. Céspedes-Báez ◽  
Rocío del Pilar Peña-Huertas ◽  
Daniel Santiago Cabana González ◽  
Santiago Zuleta-Ríos
Keyword(s):  
Twentieth Century ◽  
Supreme Court ◽  
Legal System ◽  
Private Property ◽  
Case Law ◽  
Court Case ◽  
Supreme Court Case

AbstractThis article explores the origin of private property in the Colombian legal system. The authors use Supreme Court case law from the twentieth century to analyze in-depth how wastelands (

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