Court Cases Research Articles

Sądowe zniesienie wspólności autorskich praw majątkowych jako postępowanie wyłączone spod kognicji sądów własności intelektualnej. Studium przypadku

The article is of a scientific and research nature and presents the problem of a possible cancellation of joint ownership of the copyright in non-litigious proceedings during litigation between the same parties concerning the infringement of copyright to an audiovisual work. In connection with the doctrinal dispute regarding the cancellation of commonality of copyright, the authors present arguments in favour for such a possibility in light of the provisions of both copyright law and civil law, and they discuss the procedural provisions related to such cancellation. An important aspect of the problem addressed in this paper is also the impact of the proceedings for the cancellation of commonality of copyright on the ongoing litigation proceedings between the same parties concerning the infringement of the author’s economic rights. As a result of the analysis of the current legal status, taking into account the events of a past court case, the authors present conclusions of the law as it stands with regard to the need for changes in civil procedure – the proceedings in intellectual property cases. It should be emphasized that the addressed research problem concerning the mutual relation between the substantive law provisions and the civil procedure in the scope of cancellation of commonality of the author’s economic rights has not hitherto been described by legal scholars and commentators.

Учет мнения детей при разрешении споров об их воспитании: практика в Советской России и эволюция нормативного закрепления

Introduction. The Soviet law postulated the priority of the interests of children as the main principle of resolving family disputes. The Modern Russian legislator has adopted this approach. Currently, cases of mandatory consent of children to perform a legally significant action have been established and the procedure for ascertaining the opinion of minors has been regulated. Did a child have the right to vote in Soviet courts? The answer to this question will help to understand the historical background of the formation of the juvenile justice in Russia. Methods. The study was based on dialectics, which acts as a general methodology of scientific knowledge. General scientific, special and specific scientific methods were used. A generalization of the judicial practice of the Soviet period was carried out using analysis, synthesis, induction and deduction. The results obtained were processed using the interpretive method. A comparison of legal regulation in different historical periods is carried out (comparative research method). The principle of historicism made it possible to assess the dynamics of the development of the child’s right to express his opinion when resolving a dispute and to identify cause-and-effect relationships between the Soviet and modern approaches to this issue. Results. It was revealed that in the Soviet Russia the question of taking into account the opinions of children when resolving disputes about their upbringing was raised by judicial practice: first in individual cases, then in uniform explanations. The court was required to take into account the views of children. The forms of ascertaining the child’s wishes were different; priority was given to out-of-court interviews. The older the children were, the more likely it was that a decision would be made in accordance with their wishes. At the same time, the practice of courts, which limited themselves only to the child’s opinion, received a negative assessment. It was necessary to evaluate how well the children’s wishes corresponded to their real interests, the reasons for the lack of contact with persons applying for education, and the living conditions that were created for the children. The continuity of the Soviet experience in modern legal regulation of taking into account the child’s opinion in family disputes is revealed. The requirements developed by Soviet lawyers are applicable to modern court cases.

Оn the question of protection of property rights and determination of subjects of property use: analysis of judicial practice

The article highlights the method of protecting the right of ownership and determining the subjects of use on the example of the analysis of judicial practice. The interrelationship of the right of ownership and the right of use, the order of following the main thing and the accessory thing are determined. Examples of a court case in terms of the court’s determination of the right of ownership and subjects of the right of use are given. The issue of property rights is analyzed in the context of a key aspect of social relations between subjects of civil law. The provision that the state’s attitude to the issue of property rights determines the features of the ruling regime in the country and testifies to the development of civil society has been updated. The inviolability of the right to property and the level of its protection is a kind of litmus test that determines the level of democratic society and the state’s attitude to basic human and citizen rights. Thus, Part 1 of Article 4 of the Civil Code of Ukraine stipulates that every person has the right, in accordance with the procedure established by this Code, to apply to the court for the protection of his violated, unrecognized or disputed rights, freedoms or legitimate interests. According to Part 1 of Article 16 of the Civil Code of Ukraine, every person has the right to apply to the court for the protection of his personal non-property or property right and interest. According to Article 41 of the Constitution of Ukraine, everyone has the right, in particular, to own, use and dispose of their property; the right to private property is acquired in accordance with the procedure established by law; no one can be unlawfully deprived of the right to property, the right to private property is inviolable (parts one, two, four). Analysis of court practice shows that consideration and resolution of civil cases in the field of violation of property rights is complicated by the imperfection of the legal system, the need to improve and change the existing legislation in this field. It was determined that mostly people go to court due to violations related to the lack of registration of ownership rights to real estate, loss of title documents, receipt of title documents by improper entities, presence of self-acting objects in real estate.

Prospects for the use of artificial intelligence in civil justice

The article discusses the general prospects for the use of artificial intelligence technology in civil proceedings as a main and auxiliary tool at the current stage of the development of this technology. The main approaches to defining the concept of artificial intelligence were studied and its classification into weak, strong and superintelligence was characterized. It is emphasized that justice is usually administered by professional judges, as high demands are placed on their legal knowledge and life experience. It is argued that equal replacement of a judge in civil proceedings with artificial intelligence technology is currently impossible. The reasons for the impossibility of such a replacement are analyzed, namely the complexity and multifacetedness of controversial private-law relations, the impossibility of taking into account moral and ethical aspects, the need for flexibility in decision-making, the problem of the nature of the initial algorithms of artificial intelligence, the transparency (motivation) of decisions, the problem of determining the guilty party in court cases errors, data protection issue. It is noted that these reasons have a technological and legal basis. A critical assessment of the state’s conceptual approaches to the development of artificial intelligence in the field of justice is provided. The directions of the auxiliary application of artificial intelligence technologies in civil proceedings, which are reduced to the automation of routine tasks, processing and analysis of large volumes of data and evidence, and increasing the accessibility of justice, are considered. It has been proven that the use of artificial intelligence technology provides better opportunities for the participants in the judicial process to realize their rights and obligations, including the processing of large amounts of information. The importance of ensuring a high level of information protection when using artificial intelligence during the administration of justice in civil cases is emphasized. The need for regulatory regulation of the use of artificial intelligence technology in civil proceedings in combination with other spheres of public administration and branches of law is substantiated. It is indicated that the wider application of artificial intelligence in civil proceedings will require new technological solutions and revision of the legal foundations of the judicial branch of government.

The FDA in the Crosshairs—Science, Politics, and Abortion

In this Viewpoint, the Supreme Court case FDA v AHM is used to illustrate the tension the FDA faces between science and politics, and state authority over abortion vs federal authority over which drugs may be marketed nationwide.

Understanding the Impacts of the Supreme Court Case FDA v Alliance for Hippocratic Medicine

This Viewpoint outlines the potential effects of the Supreme Court case regarding mifepristone restrictions: a decision for the FDA would allow current dispensing, while ruling against the FDA would severely curtail access to reproductive health options.

Поняття й соціально-правове значення примирення сторін в адміністративному судочинстві України

The article is aimed at research of the concept and socio-legal significance of the reconciliation of the parties in the administrative proceedings of Ukraine. On the basis of legal methods of scientific knowledge, such as: dialectical, logical-formal, comparative-legal, etc., modern approaches to understanding the legal nature and essence of the concept of “reconciliation” are considered. It is proposed to consider the reconciliation of the parties in administrative proceedings as based on the principles of law and the norms of the current legislation, a voluntary and quick way of amicable (peaceful) agreement by the parties of a public-law dispute on mutually beneficial terms of reconciliation in a judicial procedure (without prejudice to the idea of people-centeredness and legality), which are approved by an administrative court. The socio-legal significance of reconciliation is highlighted, which is manifested in the fact that: 1) reconciliation of parties in administrative proceedings allows to properly use the positive potential of the dispute and to settle the public-law dispute in an amicable (peaceful) manner; 2) conciliation of the parties in administrative proceedings allows saving the time and money resources of the parties to the dispute and the court; 3) the reconciliation of the parties in administrative proceedings contributes to the pluralistic increase in the degree of democratization of administrative-legal dispute resolution and the transformation of the role of the judge. It is noted that the sooner the parties reach a consensus, the less time the court will spend on considering the case, which contributes to: a) actual savings in the amount of state expenses for resolving cases in court; b) increasing the amount of “free” time resource. It is indicated that there is a need to update the scientific opinion regarding the concept and socio-legal significance of the reconciliation of the parties in administrative proceedings in the conditions of the European integration of Ukraine. It was concluded that the introduction and spread of conciliation of the parties in administrative proceedings is a certain civilizational transformation of the understanding of justice, as well as the role of the judge in the resolution of public legal disputes, which is a reflection of the pluralistic tendency to expand the methods of resolving public legal disputes, which is observed today in the states – EU members.

A review of the effects of legal access to same‐sex marriage

AbstractOn June 26, 2015, the United States Supreme Court extended nationwide legal access to same‐sex marriage in Obergefell v. Hodges, following a series of court cases and legislative activities at the state and district levels. Similar policies have diffused throughout other countries, especially in western Europe and the Americas. Researchers have used the staggered rollout of legal same‐sex marriage and related policies in the U.S. and elsewhere, along with improved data on lesbian, gay, and bisexual people, to study the effects of marriage equality. In this paper, we review this evidence, focusing on outcomes such as societal attitudes, marriage take‐up, family formation, employment, time use, health insurance coverage, and health. We discuss conceptual frameworks for understanding the likely effects of same‐sex marriage; methodological considerations for studying treatment effects; the policy context surrounding legal same‐sex marriage, including the 2023 Respect for Marriage Act; and important areas for future research.

Perbandingan Penerapan Yurisprudensi Pada Sistem Hukum Civil Law Dan Cammon Law Antara Indonesia Dan Australia

Every country must have a legal system that is used either civil law or common law. Both systems make jurisprudence a source of law in resolving cases in court. The purpose of this study is to examine and analyze the comparison of the application of jurisprudence in the State of Indonesia which adheres to a civil law legal system and Australia which adheres to a common law legal system. this research includes juridical-normative research using a comparative approach, which is an approach taken to compare the laws of one country with the laws of another country and a conceptual approach. the main legal source in civil law law is statutory provisions, but jurisprudence also plays an important role in the application of law in the civil law legal system. While the Common Law legal system whose main source of law is (judge made by law / binding force of precedent), where legal issues are resolved in court cases and the results are reflected in the judge's decision (jurisprudence).

Recognition of Arbitral Awards as Prejudicial Decisions

The paper deals with the problem of such a characteristic of arbitral awards as prejudice in relation to the consideration of cases by courts of general jurisdiction and arbitrazh courts. Despite the fact that more and more researchers and practitioners are inclined to recognize the decisions of arbitrazh courts as prejudicial, the work substantiates that such decisions cannot have a prejudicial significance for the consideration of cases in state courts. This takes place due to the fact that arbitrazh courts do not belong to the agencies for the administration of justice, and therefore arbitral awards represent the result of a private-law method of dispute resolution and, accordingly, do not have a public-law character. However, the prejudice of the circumstances established by the arbitral awards is not excluded if the State courts comply with a certain procedure. The paper attempts to describe the procedure for recognizing the circumstances contained in the arbitral award as prejudicial.

Speech competence of judges' professional decisions during martial law

The article defines the importance of speaking competence of judges to ensure compliance with the requirements of current laws and regulations. Special attention is paid to the use of the Ukrainian language in practical judicial activity under the new circumstances of the administration of justice under martial law. The purpose of the article is to confirm modern approaches to deepening the speech competence of specialists in the field of law during martial law. Studying research in the field of speech competence of lawyers has shown that scientists consider various aspects of language expertise of law enforcement officers. The relevance of this research topic is due to the importance of analysis from the point of view of the level of speech competence of court decisions, especially during martial law. To conduct a speech assessment, the texts of four decisions of courts of different jurisdictions during the martial law of 2023, which are freely available, and which were randomly selected, were analyzed. The texts of the resolutions are written in business language with the necessary lexical legal content, clear and balanced. Summarized information on selected court cases according to developed criteria for speech assessment: the city of the court and its level, the date of the decision, statistical characteristics of the content by the number of words, signs and lines, grammatical, spelling, punctuation, stylistic, lexical and speech errors determined by the text of a technical nature. Identified errors are summarized and recommendations are given for the use of correct language forms according to Ukrainian spelling. Increasing the level of speech competence of specialists in the field of law in business writing is one of the important tasks of higher education, which requires the constant attention of scientific and pedagogical workers in the organizational, tactical provision of law enforcement activities during martial law.

Kepastian Hukum Pendaftaran Peralihan Hak Atas Tanah Saat Menjadi Objek Sengketa di Pengadilan (Studi Kasus Pelaksanaan Eksekusi terhadap Objek Perkara Perdata No. 18/Pdt.G/2018/PN Kbr)

This research aims to examine and analyze the legal certainty of registering the transfer of land rights when it is the object of a dispute in court and to determine the legal consequences for land rights that have been transferred in the implementation of the Koto Baru District Court Decision No. 18/Pdt.G/2018/PN Kbr. This research uses empirical juridical methods, namely research carried out directly in the field to find out the actual problems that occur, then it will be connected to applicable laws and regulations and existing legal theories. The data collected is in the form of primary data and secondary data. Based on the research results, in the event that Land Rights are the object of a dispute in court, the case registration is automatically deleted within 30 (thirty) days from the date of recording and if there is a status quo order it is also automatically deleted within 30 (thirty) days. day. After the period for recording the object of the court case and/or the record of the object of determining the status quo as intended is deleted and the object of the case is not followed by a determination of collateral confiscation, the registration of the transfer or encumbrance of rights can be carried out. The Court's decision which has permanent legal force (In kracht van gewijsde) is considered correct and in this decision it is punitive (Condemnatoir) control/ownership of the land the object of execution is binding on the third party because obtaining rights to the land from the losing party (Defendant) occurred after If there is a case/case decision then the object of the case can be executed.

Sex and Gender in International Human Rights Law through the Prism of the ‘Women’ Category in Recent Case Law

Abstract This article problematises the current understanding of sex and gender in international human rights law, especially as it manifests itself in its treatment of the ‘women’ category. The problematic nature of the current state of international human rights law in this regard came recently to light in two cases: the majority judgment in the Y v France case of the European Court for Human Rights and the dissenting opinions in the Vicky Hernández case of the Inter-American Court of Human Rights. Arguments and statements emerging from these two authoritative recent sources coming from two arguably progressive jurisdictions exemplify continuing inadequacies of the dominant approach. Through a critical engagement with these arguments, supplemented by the discussion of the broader framework of international human rights law, the article not only points out the precise nature of the existing shortcomings but also formulates strategies for overcoming them.

Safety alert on scaffolding practices in Hong Kong

There are many incidents involving scaffolding which might lead to serious occupational safety consequences. A poor scaffold erected along public access in Hong Kong is taken as an example to alert the hidden hazards. This indicates inadequacy in safety management with possible violation of the Occupational Safety and Health Ordinance and possible violation of at least three local fire codes of practice, including Means of Escape, Means of Access and Fire Service Installations Codes. Blocking public access for fire exits would lead to hazardous consequences. Occupants might not be able to escape safely and efficiently, and firemen might not be able to access the fire spot quickly. These would lead to unnecessary injury and property damage, court case, insurance claim, and so on. It is obvious that fire safety management should be implemented properly to ensure proper monitoring of the scaffold. However, current control appears to be too loose. Safety culture should be promoted by stakeholders with tighter government control, inspection and penalty. The new penalty scheme of the Occupational Safety and Health Ordinance is a good starting point.

The Forensic Mental Health Implications of Social Media Challenges.

Children and adults are increasingly spending time on social networking sites where they may be exposed to social media challenges. These challenges, which are essentially dares or competitions, often involve participants recording themselves performing various activities to create a short video which they then share online. Many social media challenges may be considered relatively benign, but others may involve behaviors or tasks that lead to adverse outcomes, including injury and death. In this article, the authors describe different types of social media challenges, susceptibility to risk-taking among social media users, and the potential criminal and civil legal aspects of these challenges. This article focuses on the forensic mental health implications of social media challenges, including considerations for forensic psychiatrists and other mental health professionals who may become involved in court cases related to these challenges.

A Comprehensive Analysis of Litigation in Organ Transplantation for Allegations of Insufficient Policy Coverage, Discrimination and Malpractice.

Introduction: Transplantation is a field with unique medical and administrative challenges that involve an equally diverse array of stakeholders. Expectantly, the litigation stemming from this field should be similarly nuanced. There is a paucity of comprehensive reviews characterizing this medicolegal landscape. Design: The Caselaw Access Project Database was used to collect official court briefs of 2053 lawsuits related to kidney, liver, heart, lung, and pancreas transplantation. A thematic analysis was undertaken to characterize grounds for litigation, defendant type, and outcomes. Cases were grouped into policy, discrimination, poor or unsuccessful outcome, or other categories. Results: One hundred sixty-four court cases were included for analysis. Cases involving disputes over policy coverage were the most common across all organ types (N = 55, 33.5%). This was followed by poor outcomes (N = 51, 31.1%), allegations of discrimination against prison systems and employers (N = 37, 22.6%) and other (N = 21, 12.8%). Defendants involved in discrimination trials won with the greatest frequency (N = 29, 90.62%). Defendants implicated in policy suits won 65.3% (N = 32), poor outcomes 62.2% (N = 28), and other 70% (N = 14). Of the 51 cases involving poor outcomes, plaintiffs indicated lack of informed consent in 23 (45.1%). Conclusion: Reconsidering the informed consent process may be a viable means of mitigating future legal action. Most discrimination suits favoring defendants suggested previous concerns of structural injustices in transplantation may not be founded. The prevalence of policy-related cases could be an indication of financial burden on patients. Future work and advocacy will need to substantiate these concerns and address change where legal recourse falls short.

IMPLEMENTATION OF PERMA NUMBER 1 OF 2016 CONCERNING MEDIATION IN SETTLEMENT OF INHERITANCE CASES IN SURABAYA RELIGIOUS COURT

In this study, the authors used an empirical juridical method, namely research that aims to find out and analyze the implementation of Supreme Court Regulation Number 1 of 2016 concerning Mediation in the settlement of inheritance cases at the Surabaya Religious Court (Case Study: Application for Inheritance at the Surabaya Religious Court), and data sources were obtained from interviews with various parties related to the implementation of mediation at the Surabaya Religious Court, data obtained from the Surabaya Religious Court, legislation, and various literature.
 The results of this study can be concluded that many inheritance cases in the Surabaya Religious Court have not succeeded in obtaining a peace certificate in the mediation process. Mediation has not been carried out optimally because there are still obstacles both from the Surabaya Religious Court and from external parties. These obstacles include mediators, parties, and attorneys. Based on the results of research conducted by the authors of the various inhibiting factors that arise in the mediation implementation process, there are still efforts that can be made. Efforts made include the parties and attorneys must have good faith in carrying out the mediation.

Legal Protection for Consumers who Experience Motorcycles in Secure Parking by PT. Securindo Packtama Indonesia (Study of Supreme Court Decision Number 2078/K/PDT/2009)

This research aims to find out the legal protection for consumers due to the loss of motorcycles in secure parking and to find out the legal considerations of judges in deciding Supreme Court Case Number 2078/K/Pdt/2009. The research method used by the author is normative juridical research conducted using a statutory approach and a conceptual approach. The results showed that consumer legal protection is provided through Article 18 of Law Number 8 of 1999 concerning Consumer Protection which provides a prohibition on making standard clauses for business actors. Regarding the legal considerations of the judges in deciding Supreme Court Case No. 2078/K/Pdt/2009, it is an appropriate decision because the concept of parking is included in the agreement of entrusting goods and in accordance with Article 1469 of the Civil Code, business actors are obliged to provide compensation to consumers. There are two legal protections for consumers, namely internal and external legal protection. In addition, the existence of DKI Jakarta Regional Regulation Number 5 of 2012 concerning Parking has brought significant changes to the parking system in the DKI Jakarta area.

A Neural Network model for Indian Supreme Court legal judgment prediction

Industry experts are motivated to collect, collate, and analyse historical data in the legal sector in attempt to predict court case outcomes as the amount of historical data available in this field has increased over time. But using judicial data to predict and defend court judgements is no simple undertaking. Using Machine Learning (ML) models and traditional approaches for categorical feature encoding, previous research on predicting court outcomes using limited experimental datasets produced a number of unexpected predictions. The paper proposes an ensemble model combining Convolutional Neural Network (CNN), attention mechanism and eXtreme Gradient Boosting (XGB) algorithm. This model is primarily based on a self-attention network, which could simultaneously capture linguistic relationships over lengthy sequences like RNN (Recurrent Neural Network) and is nevertheless speedy to train like CNN. C-XGB can obtain accuracy that surpasses the state-of-art model on numerous classification/prediction tasks simultaneously as being twice as speedy to train. The proposed C-XGB model is designed to process the documents hierarchically and calculates the attention weights. Two convolutional layers are used to calculate the attention weights, one at the word level and another at the sentence level. And finally, at the last layer, the XGB algorithm predicts the input case file’s outcome. The experimental results shows that the proposed model outperforms the existing model with 4.67% improvement in accuracy value.

Penyelamatan dan Penyelesaian Kredit yang Bermasalah dalam Perjanjian Simpan Pinjam pada Koperasi (Berdasarkan Studi Putusan Nomor 15/Pdt.G/2023/Pn/Mgg)

The case of a simple claim for breach of contract in the Magelang court decision number 15/Pdt.G/2023/PN Mgg was caused by the claim that the peace deed he made was legally flawed and did not have binding legal force. In the process of granting credit, it is in accordance with the 5C credit granting procedure, especially regarding collateral or guarantees, but there is a legal defect in the collateral for mortgage rights whose ownership status is owned by deceased heirs. This research uses normative juridical research with descriptive analysis research methods. Analysis of the Magelang court decision Number 15/Pdt.G/2023/PN Mgg. The results of the research concluded that rescue and settlement of problematic credit was provided after it arose and was resolved in relation to the simple lawsuit decision in the Magelang Court case by filing a simple lawsuit because a simple lawsuit was filed in a case with a material claim value of a maximum of IDR 500 million, namely: breach of contract (default); and/or unlawful acts. In this case, the cooperative filed a lawsuit with the Magelang District Court to obtain a fair decision. Once it is declared rejected in its entirety, the debtor does not compensate for the loss of the lawsuit.