civil cases
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2022 ◽  
Author(s):  
Norbert Litia Rogers

This paper analyses the impact that victims of cyber extortion face in particularly with revenge pornography. It points out legislation available for remedial action in civil cases such as sextortion. The paper is written to help safeguard university students from online harassment and points out the channels available for reporting incidences of revenge porn.


2022 ◽  
Author(s):  
Raed Toghuj

the main aim of this paper is to provide insights into the vital role of FL in Evidentiary and Investigative Contexts. the paper contains many segments; Authorship analysis and attribution, Plagiarism Detection, Speaker identification, and voice comparison, Language as evidence in civil cases (Trademark, Brand name Law, Defamation).


2021 ◽  
Vol 11 (5) ◽  
pp. 191-221
Author(s):  
V.M. ZHUIKOV

The author analyzes the reform of the Russian legislation regulating the activity of courts for consideration of civil cases, the reform, which began in the 1990s and continues to this day. Highlights the main stages of the reform related to the adoption of the Constitution of the Russian Federation 1993, changes in the judicial system, with the adoption of the Commercial Procedure Code of the Russian Federation in 1992, 1995, 2002, with a major change of Civil Procedure Code of the RSFSR 1964 and the entry into force of the current Civil Procedure Code of the Russian Federation, 2002. In addition, the author calls the current trends in the development of procedural legislation, including reforms made by Federal Law of 28 November 2018 No. 451-FZ.


Author(s):  
O. I. Popov

The presented work highlights the possible ways of the advocate's influence on the implementation by the Supreme Court of the function of ensuring the unity of judicial practice in civil cases. Without denying the status of the Supreme Court as a central institution in the field of forming unified approaches to law enforcement, attention is focused on the fact that the dynamics of procedural legislation in terms of regulating procedures for access to cassation in civil cases allows us to rethink the mission and content of the representative function of a lawyer at the appropriate stage of the civil process. Based on the analysis of the current edition of the Civil Procedure Code of Ukraine, it is argued that the ability of the advocate to be an active subject of influence on the formation of a unified law enforcement practice is most noticeably manifested when overcoming existing filters of access to cassation, in particular, when applying to the Supreme Court with a cassation appeal, which today demands from the advocate extended argumentation when proving the existence of grounds for cassation revision, with a thorough analysis of the established practice of the cassation court and, at times, giving reasons for the need to deviate from such practice and form new law enforcement approaches.          Along with the above, among the individual methods of influence of the advocate on ensuring the unity of judicial practice, the filing of a petition for the suspension of proceedings on the basis of a review of a court decision in similar legal relations (in another case) by way of appeal by the chambers of the Supreme Court, as well as a petition to transfer the case for consideration The Grand Chamber of the Supreme Court in connection with the need to resolve an exceptional legal problem.


2021 ◽  
Vol 5 (S4) ◽  
pp. 832-844
Author(s):  
Oksana O. Hrabovska ◽  
Olena S. Zakharova ◽  
Nataliia O. Priazhenkova

The relevance of the problem stated in this paper is conditioned by the fact that under any circumstances the parties are carriers of certain evidentiary information about facts and their explanations are evidence. The explanations of the parties provide the court with important material for proving and making a decision on the case. This is ensured by the oral nature of civil proceedings since civil cases are usually considered orally in courts. The purpose of the paper is to establish the degree of application of the oral factor in adversarial civil proceedings. An analytical method was used as one of the main ones, which made it possible to assess the oral factor in civil proceedings from the ancient times of its initial introduction to the present.


2021 ◽  
Vol 16 (12) ◽  
pp. 53-68
Author(s):  
S. M. Mikhailov ◽  
M. D. Olegov

The paper analyzes certain provisions of civil procedural legislation in terms of their effectiveness as a means of establishing actual circumstances of civil cases by the court from the standpoint of doctrine and judicial practice. The authors examine the relationship between the presentation and disclosure of evidence, draw a conclusion about their close relationship, and their identification, sometimes admitted by judicial practice, is critically assessed. The question of the period for disclosure of evidence was investigated, in respect of which it was concluded that provisions of the Code of Civil Procedure of the Russian Federation, although not quite specific, but sometimes quite definitely allow this period to be established. Taking into account the stance of the Supreme Court of the Russian Federation, then authors propose a solution to the problem of the consequences of non-disclosure of evidence in a civil case. The paper analyzes individual norms and institutions that allow the court to establish the circumstances of civil cases without evidence or on the basis of explanations of the other party. It is concluded that the norm of the second sentence of Part 1 of Art. 68 of the Code of Civil Procedure of the Russian Federation is neither a legal fiction nor an evidentiary presumption. This is one of the manifestations of the action of the general rule for the distribution of the duty of proof. The authors support and justify the position that the norm of Part 31 of Art. 70 of the Arbitration Procedure Code of the Russian Federation is an evidentiary presumption, and the presumption not of fact, but of evidence. In relation to Part 3 of Art. 79 of the Code of Civil Procedure of the Russian Federation, it is concluded that establishment of the facts by the court by applying this norm does not mean obtaining true knowledge about them. Therefore, this provision of the civil procedure law is applied in judicial practice with extreme care.


2021 ◽  
Vol 1 (2) ◽  
pp. 42-48
Author(s):  
Adenan Sitepu

The socialization activity for the duties of the state attorney general in the Takengon area. It is base on observations and interviews conducted with the public and government institutions, which show a common understanding of the prosecutor's duties in representing the state regarding the settlement of cases outside the court in the civil sector. Considering the large number of civil cases currently going to court and requiring a long time to wait for a decision, the non-litigation method of resolving cases is a very efficient and effective alternative when viewed from the benefits obtained. The purpose of restoring state finances can realize. The solution offered by the Datun team in overcoming these problems is to carry out socialization activities on the duties and functions of state attorneys in the non-litigation settlement mechanism to the public and government institutions.


2021 ◽  
pp. 83-90
Author(s):  
Anna Smajdor ◽  
Jonathan Herring ◽  
Robert Wheeler

This chapter explains the procedure followed in criminal cases and civil cases. It explores the role of the Crown Prosecution Service in criminal prosecutions. It also considers the important role that expert witnesses can play in civil proceedings and what the expectations are of those who put themselves forward for that role.


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