Adjective Law Research Articles

Sociological Behaviour and Excise Duty Compliance Nexus: Do Dispute Resolution Mechanisms Matter? Evidence From Alcoholic Beverage Manufacturers in Kenya

Purpose: Despite implementation of several initiatives to improve tax revenue collections, actual tax revenues have fallen short of projected targets. The purpose of the study was to determine the moderating role of dispute resolution mechanisms on the relationship between sociological behaviour and excise duty compliance among alcoholic beverage manufacturers in Nairobi County, Kenya. The study was guided by the theory of planned behaviour and judicial organization and adjective law theory. Methodology: The study employed explanatory research design. The target population of the study was 231 respondents. Primary data was collected through structured questionnaires. Out of 231 issued questionnaires, 185 filled and returned the questionnaires. Results: The study found that sociological behavior had a positive and significant effect on excise duty compliance, β=0.270 and p-value=0.000124<0.05. The study also found that dispute resolution mechanisms moderate and enhance the positive effect of sociological behaviour on excise duty compliance, β=0.113 and p-value of 0.000000<0.05. Conclusion: It is recommended that policymakers should consider and incorporate the theory of planned behaviour into tax compliance frameworks since understanding how sociological behaviour influences tax compliance can inform the development of targeted interventions and policies. It is also recommended that effective and affordable dispute resolution mechanisms should be put in place as they provide clarity and ultimately result in resolution of conflicts arising on account of excise duty thus promoting excise duty compliance. Future studies should be conducted on the effect of tax incentives on excise duty compliance.

Mainstreaming climate change in legal education

ABSTRACT Climate change is one of the most pressing issues facing society today. Emerging legal professionals need to be equipped with the knowledge and skills required to respond to the challenges posed by climate change. This foundational education needs to commence during law school and be seamlessly integrated into the curriculum of all relevant law courses. The traditional law curriculum aims to educate students in three key areas: substantive law, adjective law and the practice of law. Each of these areas can be reformed to mainstream climate change in legal education. For substantive and adjective law, the inclusion of climate change materials within course curricula raises students’ consciousness of the climate crisis. Climate change litigation has tested the boundaries of both substantive and adjective law, creating valuable educational case studies. For the practice of law, there is a need to teach the craft of lawyering, how to translate substantive and adjective legal knowledge into effective legal practice. I suggest the incorporation of six skills of legal thinking into law school curricula, alongside teaching of effective oral and written communication skills. These tools are essential for lawyers to navigate the legal landscape effectively in the face of the climate crisis.

SPS협정 제8조 및 부속서 C의 해석과 적용에 관한 연구

Purpose – This is a study of the adjective law of the SPS Agreement, which has recently attracted attention in the field of the WTO SPS Agreement, and the purpose of this study is the interpretation of Art. 8 and Annex C. Design/Methodology/Approach – Although there are many ways to interpret the SPS Agreement, this study analyzed the arguments of the parties and the interpretations of the panel and appellate body that appeared through WTO dispute cases related to this provision. Findings – The main issues in disputes related to Art. 8 and Annex C of the SPS Agreement were related to the interpretation of 'unreasonable delay' and 'like products'. ‘Unreasonable delay’ is interpreted as ‘unreasonable delay’ or ‘excessive delay’. The Judgment Criteria was not the duration of the delay, but whether the reasons for the delay were justified. Regarding the interpretation of ‘like products’, in the case of Korea - Radionuclides (DS495), for the first time among disputes related to the SPS Agreement, the interpretation of like products was an issue. The panel and the Appellate Body applied the same criteria to SPS Agreement and GATT 1994 Art. 3(4). Research Implications – Since the entry into force of the WTO Agreement, most disputes of the SPS Agreement have been related to substantive law, but recently, disputes related to adjective law have increased. Therefore, compliance with procedural law is required when adopting SPS measures.

Confessions And Law In India: A Legal Analysis

The evaluation of the laws pertaining to confession in India brings to the fore the fact that ‘confessions’ has not been defined in any law. This paper is an attempt to examine the embodiment of the provisions pertaining to ‘confession’ under various enactments. The critical discussion encompasses the substantive law as well as the adjective law. Keeping in mind the title of this paper, the provisions have been dealt with in chronological order. The first enactment, which contains provisions pertaining to the confession, is the Indian Penal Code, 1860.

La improcedencia del juicio constitucional derivada de la interpretación, a contrario sensu, de la fracción XXIII, del artículo 61, así como de la diversa V, del artículo 107, de la Ley de amparo: un análisis dinámico sobre la procedencia del juicio constitucional en contra de actos emitidos dentro de juicio que no resulten de imposible reparación.

En el presente trabajo se pretende realizar un análisis de la improcedencia del amparo cuando se promueve en contra de actos dictados dentro de un juicio y que no afectan materialmente derechos sustantivos, lo que con ello se pretende la explicación del término jurídico “imposible reparación”, término que aún se encuentra en un sentido amplio de interpretación, así como también se pretende en este artículo la distinción del derecho sustantivo del derecho adjetivo; con lo que se pretende se haga patente el nuevo paradigma jurídico del amparo mexicano, alejado de la imagen de la afectación en grado predominante establecida en la Ley de Amparo, Reglamentaria de los Artículos 103 y 107 de la Constitución Política de los Estados Unidos Mexicanos.

Estudio del marco jurídico que rige la solución alternativa de conflictos entre marcas y nombres de dominio .MX

The objective of this article is to analyze, describe and compare the legal framework for alterna-tive dispute resolution between trademarks and .MX domain names, which is subject to a series of international administrative rules, so that they are known, understood, and differentiate the existing legal norms, and at the same time promote the defense of trademark rights against abuse due to the registration and use of domain names in Mexico.The article has been divided in two parts: a substantive part and an adjective part. The first part, the substantive law, is based on the application of the Uniform Dispute Resolution Policy regar-ding domain names and its variant, the Dispute Resolution Policy regarding domain names for .MX, for conflict resolution by domain names in the alternative or extra jurisdictional adminis-trative route, through alternative methods of conflict resolution or controversies in intellectual property matters, which are applied by the conflict resolution the service providers that are accre-dited by the Internet Corporation to the Assigned Names and Numbers (ICANN). The second part, the adjective law, is made up of the procedural administrative rules, which are applied in the case of conflicts over .MX domains and trademarks, this is a series of regulations that establish the procedure that is based on the indicated policies, the regulation of the provider and the regu-lation of the alternative mechanism used in the solution to these conflicts, the Expert decision.The study of the legal norms, which are applied in the Mexican case by .MX domains, is relevant, to expand their knowledge, share their content and establish recommendations for the defense of trademark rights in the alternative route.

Zasady sądowego postępowania wykonawczego w sprawach rodzinnych i opiekuńczych w oddziaływaniu resocjalizacyjnym

In the Polish system of the adjective law lack of separate laws and regulations governing the executory proceedings in family and guardianship matters. Legislator being driven by an affection of legislative economics in the comprehensive way regulated only a process. Defining the executory proceedings in family and guardianship matters it is possible to state that it constitutes the stage of judicial proceedings about consequent character towards reconnaissance proceedings. The executory proceedings means all proceedings aiming at the execution of the decision. It is being led in matters from the scope of the parental responsibility, incapacitated persons and persons addicted to alcohol obliged to the surrender for detox treatment, whereas a help and a protection granted the participant in these proceedings are his object and for his family. This one help is bringing itself about for reconstituting, that is restoring the family member in functioning of socially accepted values, that is for his rehabilitation.

Legal Defense of Foreign Citizens and Non-Citizens’ Economic Rights and Interests from Criminal Offense and Other Incidents

The paper analyzes issues of defense of foreign citizens’ and apatrides’ economic rights and interests from criminal offense and wrongful acts within the Russian Federation. Due to situation of political strain, fueled by refugee crisis, obviously national legal system faces new challenges in maintaining human values within its borders.The key idea of the paper is a legal capacity to renege from providing the non-citizens of national equality, addressing the lex personalis i.e., the law of the alien’s home country for meaningful rights and interests’ defense.The certainty is based on the fact that the legislation of alien’s home country could not always correspond with the Russian one and it could not be read as a decline in alien’s legal status.Even a superficial view reveals lots of theoretical and enforcement issues ranging from providing equal defense from criminal or administrative offence to defense from maladministration. Despite the distinctions in national legal systems, common European trend is aimed at highest possible defense of non-citizens’ and apatrides’ economic interests.Thus, Russian legal system admits feasible aliens’ adjective law limitations as a retaliatory measure for Russian citizens’ rights limitation abroad. Authors push for balancing both personal and public interests when determining the legal defense of economic interests of non-citizens in accordance with European practice.

MOTIVOS DE IMPUGNACIÓN DEL ACTO ADMINISTRATIVO, UNA MIRADA DESDE EL ORDENAMIENTO JURÍDICO CUBANO

The principles of legality and justice are fundamental aspects of law science, thus they should prevail in each of its institutions; this is how the theory of the annulments in the Administrative Law that develops from the analysis and systematization of the jurisprudential labour of the French Council of State which has reached such a degree of development that its conceptual and methodological separation of the same subject in Private Law is undisputed. This research is framed whithin the substantation of the legal regime of administrative nullity procedures in Cuba, in pursuit of its constitution as a guarantee for citizen’s legal security. In Cuba there is no Code nor Law for General Administrative Procedures, resulting in flaws in the institution of the administrative act and its annulments regime, applying what is stipulated in the Cuban Civil Code about the inefficacy of the legal act because of the supplementarity of the norm, despite the differences in administrative matters. The Law on the Civil, Administrative, Labour and Economic Procedure is silent on procedural nullity thus the suppositions that limit the validity of the administrative acts are framed only by the adverse effects procedure. In Law 113 about the Cuban Tax System (Chapter XIII «On the annulment of the administrative acts that cannot be voided», articles 204 and 205) this figure is introduced, having to assert that this is a nonsystemic norm and refers to the procedure of the abovementioned Adjective Law.

Mode of Taking and Recording Evidence in Inquiries and Trials: Ch. XXV [Ss. 353 to 365] CrPC

The Code of Criminal Procedure, 1898 (Cr. P. C. 1898) is the general law of criminal procedure in Pakistan. The Procedure is an adjective law . The general substantive law of crime is contained in the Pakistan Penal Code, 1860. There are also special laws of both kinds and the rule is that where a general and special law is in conflict with each other the special law is to prevail. Where there is no provision in a special law concerning any matter the general law may be applied for the ends of justice. It brings consistency in the administration and application of law. Inquiries and trials are not one and the same thing. An inquiry is prior to trial while a trial is after an inquiry and it starts from the framing of the charge and ends at pronouncement of judgment. In this paper mode of taking and recording evidence in inquiries and trials is discussed, analyzed and commented upon in the light of the judicial precedents available on the subject. Chapter 25 is devoted by the Code for this subject. It contains twelve operative sections (ss. 353 to 361 and 363 to 365).

Joinder of Charges [Ss. 233-240 Cr. P. C. 1898

The soul of all justice is fair trial. Criminal justice is no exception to it. The law on the subject of charge is contained in chapter 19 of the Code of Criminal Procedure, 1968 which comprises twenty sections (namely, ss. 221 to 240). Out of them sections 221 to 232 deal with form of charges while sections 233 to 240 deal with joinder of charges. Here we shall analyse and discuss the following eight topics, namely:• Separate Charges for distinct offences. • Three offences of same kind within one year may be charged together. • Trial for more that one offence. • When it is doubtful what offence has been committed? • When a person is charged with one offence, he can be convicted of another. • When offence proved included in offence charged. • What persons may be charged jointly? • Withdrawal of remaining charges on conviction on one of several charges. In this analysis we shall try to understand and explain the rules on each subject given by the adjective law that is the Cr. P. C. 1898 and also the application of the same by the Courts in Pakistan. This study will thus reflect the theory and practice of near a dozen decades. This study will help understand the readers the role of the law, the bench and the bar in maintaining the rule of law on the criminal side and up keeping the very purpose of all justice which is termed as the fair trial.

Law of Criminal Charge [Chapter XIX Cr. P.C.

Trial begins from the framing of the charge in a criminal case and ends at the pronouncement of the judgment in acquittal or conviction. The law of trial is the province of the Criminal Procedure which is an adjective law and is the machinery for the implementation of the substantive law. In Pakistan the general substantive Criminal Penal law is contained in the Pakistan Penal Code, 18601 and the general procedural criminal law is contained in the Code of Criminal Procedure 18982. The special enactments are also there in respect of certain crimes and they provide specific procedure. Where it is so provided that special procedure is to apply in those cases and the general law of procedure is to yield before it.Where there is no special law, the general law of procedure is applied. In Pakistan the law of charge is provided in two sections. Firstly, the charge framed by a Magistrate is provided in section 242 Cr.P.C3. 1898 and secondly the charge framed by a Sessions Judge is provided in section 265-D Cr.P.C. 1898. As to what is a charge, its language, its form, its joinder with other charges and all matters related to charge are given in Chapter XIX vide section 221 to 240 of the Cr.P.C. 1898. This paper is an attempt to explain the Charge in all aspects in the light of the judicial precedents on the subject.

Adjective Law Undermining the Substantive Law (The Hague Convention on the Child Abduction)

The convention, namely, “Convention on the Civil Aspect of international Child Abduction” falls under the subject of private international law which deals with the disputes of individuals residing in the jurisdiction of various countries. The set purpose of the Convention is to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedure to ensure their prompt return to the state of their habitual residence as well as to secure protection of the right of access. The main thrust of this Convention is to provide procedure designed to bring about the prompt return of the cross-border removed or retained children to the countries of their habitual residence, i.e., the state/country in which the child was habitually residing immediately before his removal or retention. The court has been obligated to order the return of the child forthwith if the period of his wrongful removal or retention is less than one year. However, return may be refused if it is not permitted by the fundamental principles of the requested state relating to the protection of human rights and fundamental freedoms. The Convention requires that the return order is not the determination of custody of the child. It is simply an order to return the child and the court has further been restrained from determining the case on the merits of the custody issue. Thus, it deals with the adjective law only. The proceedings on the Convention concluded 25 October 1980 at Hague and the Convention entered into force between the signatory nations on 1 December 1983. So far 87 countries have ratified it, including only two Muslim countries, i.e., Turkey and Malaysia. Pakistan is also among those countries which have not yet ratified it, however, a rigorous campaign has been launched by some non-governmental organisations under the auspices of pro-convention countries. In Pakistani perspective, the prevailing norm is that of dualism which means any convention or treaty even ratified by the Executive cannot be enforced unless and until the same is enacted as a law by the legislature. This principle is based upon the constitutional command directing that it the parliament which shall have the exclusive powers to make laws and fortified by dictum of the constitutional courts of Pakistan in different cases. This practice is a legacy of the British tradition elaborated by Lord Atkin in a case stating therein that within the British Empire there is a well established rule that the making of a treaty is an executive act while the performance of the obligations, if it entails alteration of the existing domestic law requires legislative action. The stipulations of the treaty do not, by virtue of the treaty alone, have the force of law. (If) the government of the day decides to incur the obligation of a treaty which involves alteration of law they have to run the risk of obtaining the assent of parliament to the necessary statute or statutes.

Doctrine of Proprietary Estoppels

The body of law in a State consists of two parts, substantive and adjective law. The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law. The latter relates to the remedial agencies and procedure by which rights are maintained, their invasion redressed, and the methods by which such results are accomplished in judicial tribunals. An Estoppel is a rule of evidence.An estoppel is a bar that prevents one from asserting a claim or right that contradicts what one has said or done before or what has been legally established as true.It is a bar that prevents the re-litigation of issues.It is an affirmative defense alleging good-faith reliance on a misleading representation and an injury or detrimental change in position resulting from that reliance.“Estoppe” says Lord Coke, comes from the French word estoupe, from whence the English word Stopped; and it is called an estoppel or conclusion, because a man’s own act or acceptance stoppeth or closesth up his mouth to allege or plead the truth. Estoppel may also be defined to be a legal result of conclusion arising from an admission which has either been actually made, or which the law presumes to have been made, and which is binding on all persons whom it affects. In using the term estoppel, one is of course aware of its kaleidoscopic varieties. One reads of estoppel by conduct, by deed, by latches, by misrepresentation, by negligence, by silence and so on. There is also an estoppel by judgment and by verdict: there, however, obviously involve procedure. The first named varieties have certain aspects in common. But these aspects are not always interpreted by the same rules in all courts. The institution seems to be flexible. Kinds of EstoppelsEstoppels are many kinds, namely,• Administrative collateral estoppel.• Assignee estoppel.• Assignor estoppel.• Collateral estoppel.• Equitable estoppel.• Estoppel by conduct.• Estoppel by Contract.• Estoppel by deed.• Estoppel by election.• Estoppel by inaction• Estoppel by judgment.• Estoppel by latches.• Estoppel by misrepresentation.• Estoppel by negligence.• Estoppel by record.• Estoppel by representation.• Estoppel by silence.• Estoppel by standing by.• Estoppel by verdict.• Estoppel by warranty.• Estoppel in pais.• Estoppel on the record. • File wrapper estoppel.• Judicial estoppel.• Legal estoppel.• Marking estoppel.• Promissory estoppel.• Prosecution history estoppel.• Quasi estoppel.• Technical estoppel. There is also another kind of estoppel which is called the Proprietary Estoppel. In Re: Basham (dec’d) Mr. Edward Nugee (sitting as High Court judge) set out the principle of proprietary estoppel, in its broadest form, in the following terms:“Where one person, A, has acted to his detriment on the faith of a belief, which was known to and encouraged by another person. B, that either has or is going to be given a right in or over B property. B cannot insist on his strict legal rights if to do so would be in consistent with a belief.”

Social capital accumulation through public policy systems implementing paddy irrigation and rural development projects

In Japan, a developed country in Asia, the Land Improvement Act systems have worked as a measure of social capital accumulation as well as an adjective law in implementing irrigation projects since 1949. This paper illustrates the status and problems in applying the concept of social capital to agricultural and rural development policy systems in developing countries, EU and Japan. The results obtained are summarized as follows: (1) it is desirable that governments formulate public policies that are appropriate for correcting inefficiencies in resource distribution for accumulating social capital, so that the governments play a significant role in developing and supporting social capital; (2) the effect of policies in the areas, where government-supported land improvement projects have been implemented, has been improved, subsequent to which the efficient use of the national budget allocated for the projects has been improved, while the projects significantly contribute to the national land conservation and social stability by continuously promoting minimum social capital accumulation nationwide. In addition, Japan and countries in the Asian monsoon region, which hold the five elements in common that constitute the characteristics of rice field irrigation in humid climates, should take over the advantages of the land improvement project system while learning from the success achieved by the LEADER+ programme in Europe, where society precedes Asian countries concerning the problems of decline in the birth rate, and expansion of an aging society.

The constitutional problems of the law on assembly and demonstration and the plan of their improvement : Focused on the restriction of a substantial law and an adjective law on the freedom of assembly

The constitutional problems of the law on assembly and demonstration and the plan of their improvement : Focused on the restriction of a substantial law and an adjective law on the freedom of assembly

The Admissibility of Differential Diagnosis Testimony to Prove Causation in Toxic Tort Cases: The Interplay of Adjective and Substantive Law

JOSEPH SANDERS [*] JULIE MACHAL-FULKS [**] I INTRODUCTION In E.I. du Pont de Nemours & Co., Inc. v. Robinson, [1] the Texas Supreme Court adopted an interpretation of the rules concerning the admissibility of expert testimony nearly identical to that adopted two years earlier by the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc. [2] The court affirmed the trial judge's exclusion of Dr. Carl Whitcomb, the plaintiff's only causation expert, who was prepared to testify that the defendant's contaminated fungicide damaged the plaintiff's pecan orchard. In a vigorous dissent, Justice Cornyn noted that the expert's testimony was based in part on a series of first-hand observations of the orchard. [3] He noted that the excluded testimony roughly analogous to that which may be offered by a physician, who may testify based on nothing more than a personal examination, the patient's history, and correspondence with other [4] Physicians are frequently called upon to offer opinions identifying an injury's cause based both on a physic al examination of a patient and the exclusion of other causes of the patient's condition. When this type of testimony is presented by physicians, it frequently goes by the name of diagnosis, although some courts have more appropriately called it etiology. [5] Justice Cornyn may have believed that the expert's testimony in Robinson must be admissible because it was so similar to the typical testimony of many medical doctors. Such testimony had been employed in tort cases for many years without criticism from courts or commentators. [6] Perhaps, however, Justice Cornyn foresaw the opposite implication: If Dr. Whitcomb's testimony was inadmissible, it might call into question the differential diagnosis testimony of many physicians. Had Judge Cornyn investigated the law review literature more thoroughly, he would have discovered that such questioning had already begun in the late 1980s and early 1990s. [7] A number of factors seem to have played a role in this change, among them the increasing use of experts in court, the rise of toxic tort actions, and renewed interest in the criteria used to judge the admissibility of expert testimony. As the 1990s progressed, courts were presented with more admissibility challenges to differential diagnosis testimony. T here is now a considerable body of case law on point. [8] Most would agree that the result of these challenges is a body of evidence law that creates more barriers to the admissibility of this evidence. [9] However, there is no complete consensus on the requirements for admitting such testimony. On the contrary, the case law is unsettled in some regards. [10] This lack of agreement is not surprising, because differential diagnosis testimony attempts to address some very difficult causal questions, especially when offered in toxic tort cases. In this article, we use the differential diagnosis opinions to explore a pair of interrelationships. First, we are interested in the relationship between admissibility and causation. In this regard, it is important to understand that in many toxic tort cases the center of gravity on causal questions has shifted to an earlier point in the trial. No longer solely a question for the jury, causation is resolved in an in limine hearing before a jury is even empaneled. [11] The central point is that adjective law [12] and substantive law do not exist in isolation from each other. Our goal is to shed light on how admissibility decisions shape causal questions and, in turn, how causal principles affect admissibility decisions regarding differential diagnosis. Second, we are interested in the relationship between law and science. Specifically, we argue that the Daubert decision has caused courts to be more scientific in assessing the admissibility of such testimony. In Part II, we present the basic causal framework employed by most courts in toxic tort cases. …

Lessons from Abroad: Complexity and Convergence

Lessons from Abroad: Complexity and Convergence

Review of the Rôle of the International Court of Justice

The stagnation in the functioning of the International Court of Justice is only one of several indicators of the neglect by Members of the United Nations of the development and modernization of adjective law. There has been gratifying progress in the codification and progressive development of substantive law through the International Law Commission and other bodies, but substantive law without an adequate adjective law is bound to lack in effectiveness and uniform and predictable application.

Chinese Family Law in a Common Law Setting

The development of Chinese family law in Malaysia and Singapore provides an interesting case study of an attempt to fuse elements of two disparate legal systems in a foreign social climate. The present court system of Malaysia and Singapore and the adjective law are based in large part upon principles of English common law, while the substantive family law applied to the Chinese people is in part a reflection of “traditional” Chinese law. These diverse legal orders function in a social setting which, although substantially influenced by Chinese tradition, is nevertheless a distinct environment, and which, on the other hand, certainly bears little resemblance to the native habitat of the common law.