The Application of Artificial Intelligence Technology in the US Civil Court System

Introduction: in the era of the active introduction of digital technologies, more and more processes are being automated and smart machines are taking over the work of people. Even at the end of the 20th century, automatic spell-checking and search engines were perceived by many as “highly intelligent” information technologies. Currently, such processes have become completely trivial for most people and have given way to more advanced technologies. The intelligent face recognition systems installed in public places and airports allow you to verify a person’s identity, as well as assist in the capture of criminals. The smart assistants in mobile devices, for example, Google Maps, provide additional information about the destination (working hours, the name of the organization). However, there is more and more debate about the introduction of artificial intelligence technologies in the judicial process. Many experts in the field of information and communication technologies, as well as practicing lawyers, argue that thanks to the accumulated experience and judicial practice, it is possible to predict and make court decisions based on certain algorithms for certain categories of cases. This practice already exists in the system of alternative settlement of civil disputes. The first such decision was made by a robot mediator back in 2019 in the High Court of England and Wales. To resolve the dispute, the Smartsettle ONE system developed by the Canadian company iCan Systems was used. The use of artificial intelligence technology allowed resolving the dispute between the parties and coming to an agreement in less than an hour. The legislator approaches the issues of the introduction of artificial intelligence technology in the system of state courts more carefully. However, court cases do not always require a comprehensive individual approach to decision-making and many cases can be processed automatically, at least, partially. In this regard, it seems appropriate to explore in the paper the main opportunities and risks of using artificial intelligence through the example of the civil justice system of the United States of America. The purpose of the study is achieved by answering several questions: how can artificial intelligence be useful for courts? What mechanisms of the justice system need to be improved for the effective operation of artificial intelligence systems? What forms of artificial intelligence exist in the US civil court system? How can courts and judges work with artificial intelligence under the standards of a fair procedure for considering civil disputes? The methodology is based on a theoretical approach to the study of the most commonly used artificial intelligence technologies in the US civil justice system, as well as a number of national laws and other regulations. Based on the analysis of the theoretical data obtained, in the paper, the author analyzes the current trends and mechanisms for resolving civil disputes using artificial intelligence systems and also highlights some related problems. The results of the research can be used in determining the key goals and objectives of a procedural nature, improving the functioning of judicial and non-judicial organizations, law enforcement, research activities, as well as in teaching activities, in particular, during lectures and seminars on courses of private international law and civil procedure. Conclusions: increasing the level of awareness of participants in civil law disputes about current trends and tools for the administration of justice contributes to the development of the institution of civil proceedings, as well as contributes to increasing transparency and increasing the degree of trust of citizens in the judicial system as a whole.

Consequences of the Final Civil Decision in the Criminal Trial Pursuant to the Albanian Legislation

Judicial jurisdictions are separated; the criminal court has the jurisdiction to adjudicate charges brought by the prosecution, whereas other jurisdictions are exercised by the civil court and the administrative court. Thus, civil cases or in other words disputes between private entities, such as contractual obligations or inheritance issues, etc., are settled by the civil court, while disputes between individuals and public administration fall within the scope of administrative jurisdiction. Therefore, depending on the type of case, in Albania there are courts with separate judicial jurisdictions. However, in quite a few cases we might face cases where the different judicial jurisdictions are interwoven between them, in other words the consequences of a civil trial can affect the criminal trial. This paper will analyze the legal provisions in Albania, how to act in cases of resolving a case with a final civil decision in relation to facts, which are also being adjudicated in the criminal process. This paper will also analyze the role of the final civil decision in the criminal trial. Domestic court practice will be considered in terms of the impact that a civilly resolved case by a final court decision has on a criminal case. Received: 31 May 2021 / Accepted: 31 September 2021 / Published: 5 November 2021

NATIVE COURT IN KUDAT AND MATUNGGONG, SABAH: CHALLENGES TO ITS GOVERNANCE AND STRUCTURAL ECOSYSTEM

The Sabah Native Court is a legal institution created specifically to address the application of customary law among the ethnics or indigenous peoples of Sabah. Sabah Native Court is a legal institution established by a special act known as the Native Courts Enactment 1992 amendment 1995. The purpose of this study was to identify the challenges to the governance and structural ecosystem of native courts in selected districts, specifically Kudat District and Matunggong Sub-district. This study uses qualitative methods through in-depth interviews with district heads in these two native court. Among the study's interesting findings is the hierarchy of the organisational structure of the native court institution found in both study locations, which has differences in the number of staff appointments either at the decision-making level for district head or among native court implementers such as native chiefs and deputy native chiefs. Furthermore, the two study locations have different day-to-day governance and assignment for every entity within the native court. Questions about the benefits and drawbacks of challenges to both governance and the structural ecosystem of the native courts in both study locations were also addressed in the discussion section. Due to its importance in monitoring these challenges, this study will examine how well the native courts can resolve the concerns of each ethnic in the state compared to other judicial institutions such as the Syariah Court and Civil Court.

Lawyers’ ethics before a civil court

Principles of legal ethics, whether written or unwritten, not only regulate the conduct of legal practice but also reflect the basic assumptions, premises, and methods of the legal system within which the lawyer operates. They also reflect the profession’s conception of its own role in the administration of justice. The objective of this paper is to analyse the ethical rules, to define the relationship of a lawyer to the court and his duties in proceedings, competent representation, confidentiality, and personality of the lawyer, and further deal with the legislation contained in the Czech Act on Advocacy and the Code of Conduct.

著作権侵害損害賠償請求権たる譲受債権の民事裁判手続における請求原因の表現の一案

A Proposal for the Expressions of the Causes of Claim in Civil Court Proceedings for Transferred Claims on Copyright Infringement Damages

Perlindungan Hukum Bagi Pelaku Usaha Terhadap Pencabutan Izin Reklamasi oleh Pemerintah Daerah

Availability lands in Indonesia doesn’t get along with growth citizen in Indonesia. The government is giving a solution to the building of the reclamation, but under the construction of the reclamation always inflict variety of problems. Permission cancellation for reclamation is action legal by government in order to annulment permission for its reclamation, government should pay attention in aspect of: authority, procedure and substantion. Besides, annulment permission reclamation by government based on legislation and principle general a good government. A legal form of legal protection by receiving authorization of reclamation In this case, the businessman or developers do administrative efforts and filing suit to civil court of justice. If there are parties that are affected with the verdict, can file an appeal to civil court of justice, it can be even comitted cassation law to supreme court of Indonesia.Keywords: Reclamation; Permission; Cancellation.AbstrakKetersediaan lahan di Indonesia tidak sejalan dengan pertumbuhan penduduk yang semakin meningkat. Pemerintah memberikan solusi dengan pembangunan pulau reklamasi, akan tetapi dalam pembangunan pulau reklamasi tersebut kerap kali menimbulkan berbagai macam permasalahan. Pencabutan izin pulau reklamasi merupakan salah bentuk tindakan hukum yang dapat dilakukan oleh pemerintah. Dalam pencabutan izin reklamasi tersebut, pemerintah hendaknya memperhatikan keabsahan pemerintah dalam aspek wewenang, aspek prosedur dan aspek substansi. Selain itu, pencabutan izin reklamasi oleh pemerintah wajib berdasarkan peraturan perundang-undangan dan Asas Umum Pemerintahan yang Baik. Bentuk perlindungan hukum yang dapat dilakukan oleh penerima izin reklamasi dalam hal ini pelaku usaha ataupun pengembang dengan melakukan upaya administratif dan mengajukan gugatan ke Pengadilan Tata Usaha Negara. Apabila ada pihak yang merasa dirugikan dengan putusan tersebut, dapat mengajukan banding ke Pengadilan Tinggi Tata Usaha Negara, bahkan dapat dilakukan upaya hukum kasasi kepada Mahkamah Agung. Kata Kunci: Reklamasi; Izin; Pencabutan.

Costs

This chapter addresses the subject of litigation costs, looking at Part XII of the European Rules of Civil Procedure. The seven rules under Part XII are set at general level, due to the impact of national law and the structure of the legal profession in European jurisdictions upon this area of civil procedure in a technical sense. While some jurisdictions have created a system where the court fees almost fully cover the state's expenses for the civil court system, other jurisdictions have opted for a system that is basically free of charge for the parties. A further important difference across European jurisdictions that has a significant impact on litigation costs is the different approaches to fees payable in respect of legal representation in proceedings. Finally, the rules on court organisation are also relevant to litigation costs.

State Immunity in Relation to Damage Caused by Legislation

Whenever we mention damage caused by legislation, the question arises if it is possible to talk about the liability of what defines the rules of liability. Is the civil court competent in deciding in these cases at all? It is doubtless that the concept of damage caused by legislation is on the threshold between public and private law, and immunity decides whether it is one or the other. More and more articles are written on the topic of damage caused by legislation, and their approaches to the root of the problem are all different. In this study, by analysing the issues of immunity with regard to damage caused by legislation, I try to reveal the past and present of regulations, and in this way the damage caused by legislation can be separated from the state’s functional immunity.

Particularitățile procedurii de contestare a actelor executorului judecătoresc în legislația din Republica Moldova

Enforcement is a fundamental institution of civil procedural law and an essential component of justice in a state governed by the rule of law. Enforcement in the light of the European Convention on Human Rights is an integral part of the „right to a fair trial”. The mere recognition of the right or the obligation of the debtor to restore the violated or contested right is often not enough. The legislator of the Republic of Moldova modernized the enforcement system by reforming it to the private system of enforcement of civil court documents. The object of this study is the particularities of the procedure for contesting the acts of the bailiff according to the legislation of the Republic of Moldova.