Court Case of Cow v. Plant

The following is a script from a court proceeding. The case is about whether plant-based milks or cow’s milk is better. There are two speakers; one who will be representing cow’s milk and one who will be representing plant-based milks. The representatives will be making their arguments based on the milk’s nutrition, environmental impact as well as digestibility for those with dairy intolerances. At the end, the jury consider each representative’s argument to determine which milk is better. The judge will take home the better milk to share with her lactose intolerance husband.

Two puzzles of judicial wagers

This paper is about an Old Indian judicial institution called paṇa (“wager”). Within a court proceeding, a judicial wager is a certain sum of money that a conflicting party offers to pay if he ends up losing his case. This paper explains the rationale of judicial wagers by showing that they may signal truthfulness.

Three Cases of Emergency Department Medical Malpractice Involving “Consultations”: How Is Liability Legally Determined?

This article presents three successfully litigated medical malpractice cases involving emergency physicians and consultants. We discuss the respective case medical diagnoses, as well as established legal principles that determine in a court proceeding which provider will be liable. Specifically, we explain the legal principles of “patient physician relationship” and “affirmative act.”

Institutional problems in the indian judicial system relating to admissibility of scientific evidence: Causes and remedies

Problems with Justice are many although the object of every criminal Law is Justice, because Administration of Law always seeks to fair conclusion of Criminal Litigation. However, there are many stakeholders like Police, Court and State and also Prosecution and Accused in this process, who according to their interest make all out attempt to drag the course of Court proceeding towards the ends favourable to them. This article analyzes these sorts of institutional problems in the field of Admissibility of forensic evidence.

Judicial control of the effectiveness of activities related to public administration

Legal procedures in Europe must comply with the principles of procedural fairness. These rules include a set of conditions ensuring real, fast and effective consideration of the case in accordance with guarantees stipulated under Article 6 and Article 13 of the Convention for the Protection of Human Rights, taken by jurisprudence of the European Court of Human Rights. The article presents the characteristics of Polish court proceeding in the scope of enforcing the effectiveness of public administration activities in the light of these requirements. Legal remedies to prevent tardiness of administration actions as well as discipline efficiency and speed of national administrative proceedings within this system were also discussed.

Analysis of the Causes of Conflicts at Universities and Alternative Methods of Resolving Them. Part II: Academic Ombudsman and Adjudicative Methods

<p>This study is the second part of the article entitled: <em>Analysis of the Causes of Conflicts at Universities and Alternative Methods of Resolving Them. Part I: Mediation in Academic Disputes</em>. The first part analyzes the causes of conflicts at universities and the basic alternative method of solving them – mediation. The second part focuses on the issue of academic disputes in the context of the court proceeding, and discusses the institutions of the academic ombudsman, arbitration in academic disputes and mixed methods, in particular the Office of Independent Adjudicator. Due to the changing expectations of students towards universities, contractual nature of these relations, increased number of court proceedings brought against universities or anticipation of such an increase, as well as the development of ADR methods in various fields, universities around the world started to look for new ways of solving academic disputes that would protect the independence of universities and at the same time fulfill an educational function. ADR methods such as mediation, ombudsman or arbitration may effectively replace or supplement insufficient internal procedures, as well as court proceedings characterized by high costs, lengthy procedures and formalism. These methods are better adapted to the nature of the academic community, take into account the voice of the participants, give them the opportunity to influence the proceeding and outcome of the dispute, ensure the equality of the parties. They also fulfill educational purposes, especially in disputes involving students, as they give the possibility of ending the dispute through dialogue and taking into account the point of view of the other party.</p>

Hungarian Civil Procedure Provisions during the state of danger

In March 2020, the Hungarian civil procedure faced an extraordinary challenge by the unpredictable but widely threatening Covid-19 epidemic, which necessitated the introduction of provisions as effective as possible to protect public health. The task was challenging because the public does not only expect the courts to settle the legal disputes righteously, but, based on a century-long development in the history of law, the requirement of verbal and direct hearings has become of accentuated importance. The traditional model of civil cases centres around the public institution of hearings with the simultaneous presence of the judge, the parties, and their representatives, as well as other actors in the case. Simultaneously, the legislator accentuated the importance of concentrated and rapid case management, especially in the past few years. The extraordinary situation caused by the epidemic might have raised the complete close-down of courts. But, as there is no court proceeding without hearings, this solution could not have been acceptable by either the parties seeking to assert their rights or by court employees for reasons of human resources management, as the judgements of legal disputes would have been postponed for an undefined period. The interests of both the citizens seeking justice and the court employees could be fulfilled by a solution that created the conditions of uninterrupted jurisdiction and the avoidance of personal contacts to protect their health. After a necessary period of preparation resulting from the unexpected situation, this extremely difficult issue was solved by the Government Decree 74/2020 (from 31 of March), officially abbreviated as Veir., which did not abrogatethe generally effectual procedure rules, but merely adjusted them to the specificities of the crisis situation. The same happened to the civil procedure too. During the period of the state of danger, in contentious (and noncontentious) cases, depending on the date of bringing of the action, the regulations of either Act III of 1952 (the 1952 Civil Procedure Code, henceforth 1952 Pp.), in force until the 31 of December 2017, or Act CXXX of 2016 (the current Civil Procedure Code, hereafter Pp.), in power from the 1 of January 2018, were applicable, with the amendments included in the government decrees. This different regulation formed the special state of danger procedure law to mitigate the consequences of the epidemic.

MEDIATION: PRACTICE IN THE CORPORATE WORLD

The relationship between parties in corporate world is essential in order to addressing business disagreements. Where it is focusing on the language of business contract per se. Despite various dispute solutions and legal provisions on corporate, company and shareholder rights, all the parties concern are still facing some challenges. Mediation method is one of the alternative dispute resolutions for those who seeks justice without undergo the court proceeding. It is a swift and inexpensive form of dispute resolution. Mediator’s role is to facilitate the disputing parties, and utilizes both joint and private sessions to assist them to achieve consensus. In view of the economic interest, and with a vision to maintain their business relation, a private settlement is preferred between them. This study is using the doctrinal and comparative research methods. In which, this study is comparing the pertinent literature on jurisdiction of the court and Mediation Bodies in terms of Corporate / Company / Shareholders. The discoveries of this study are vital in describing the pros and cons of mediation practices and how it reflects justice to the Malaysian society.

Hybrid Warfare or Hybrid Threat – The Weaponization of Migration as an Example of the Use of Lawfare – Case Study of Poland

This article aims to address the issue of alleged hybrid warfare attacks on Lithuania, Latvia, and Poland. The scope of the article covers the Belarus operations conducted in 2021. Firstly, the author addresses the issue of pushing migrants from a descriptive perspective. Secondly, he debates whether Belarus operation was conducted within the scope of hybrid warfare, hybrid threat, and lawfare? The author concludes that the Republic of Belarus has operated lawfare falling within the hybrid threat spectrum. It means that the situation is not to be classified under the law of armed conflict from the perspective of international and non-international armed conflicts and ius ad bellum violation. Thirdly, the author claims that Belarus has violated international law, so certain legal redress is appropriate and justified. Belarus's actions may result in a court proceeding before the International Court of Justice and before other international institutions.

Lawyers request a procedural document in a court proceeding

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.