Court Clerks Research Articles

Design of an Intelligent Agent for the reproduction of official documents using an Intelligent Artificial Clerk (G.A.I)

In this article we will propose the "Intelligent Artificial Clerk" which is an Intelligent Agent designed to assist users, editors, facilitators of interactive meetings and rapporteurs in general, and in particular the clerks of the High Court of Kananga in order to save them from heavy tasks related to the reproduction of official documents, in particular minutes during hearings and public hearings. Apart from this task, this intelligent agent will also allow the court to be seized remotely and will transmit interviews and trials in audio format via Mp3 files.

Looking at the other side: working conditions in Portuguese courts

Abstract QUALIS is a research project that studies ‘the other side of courts’ by looking at the working conditions of judicial professions in Portugal and their impacts on the profession, health, family and personal life. The objective of this article is to provide an overview of the results obtained, based mainly on the interviews and the online questionnaire administered to the Portuguese judicial professions (judges, public prosecutors and court clerks). The questionnaire was sent to all professionals (more than 10,000) working in the courts and had a good response rate; the interviews were conducted among the three judicial professions. The article focuses on three main dimensions of working conditions, namely physical environment, working time and work intensity, and work/social environment of professionals working at first instance courts. It will make then a further analysis of their impacts in the health and well-being and in the work-family conflict of the judicial professionals.

Appeal of notarial deeds or refusal to perform them in court in Ukraine: historical and legal aspect of study (middle of the 14th - middle of the 17th century)

The article is devoted to judicial control over notarial activity during the Polish-Lithuanian rule on Ukrainian lands (mid-XIV - mid-XVII centuries).
 The importance of conducting historical and legal studies of the institution of challenging notarial acts or refusal to perform them before the court is noted. The prerequisites for the formation of the notary institution in the specified time period are studied. In particular, it is indicated that the intensification of commodity-money relations led to the growth and development of various contractual forms of economic transactions. The practice of concluding contracts and other transactions in writing is gradually spreading, especially when the state begins to demand it. But private acts in Poland during the 14th and 15th centuries, and in Lithuania until the middle XVI century were treated as secondary evidence in contrast to witness statements. However, the situation is gradually changing with the emergence of the so- called "right of eternity”, which was expressed in the fact that a certain private document entered in the court record book received not just legal force, but became indisputable evidence in the event of a dispute in the future. It was not required to confirm or deny it with the testimony of witnesses.
 The legal status of officials who, along with their main powers, were called to exercise powers of a notarial nature are being investigated. It is concluded that in this case it is not possible to talk about the introduction of the notary as an independent institution, since the official was primarily entrusted with the duties of performing the powers that were determined by his position (the voivode managed the voivodship, the headman managed the county, judges judged, the court clerk recorded procedural actions, etc.). The specified officials were at different levels of management and had different legal status. The resulting situation determined the peculiarity of judicial control over the activities of officials who recorded private acts in court books or made extracts from them. In particular, criminal or civil liability was assumed for improper maintenance of court books. On the basis of this, it is concluded that within the framework of criminal and civil legal means it was possible to control the behavior of officials who entered private acts in court books or made an extract from them. But this does not confirm the presence in the legislation of an independently developed procedure, not related to the imposition of criminal or property liability, the purpose of which would be exclusively to check the legality of the notarial action taken or its refusal.

Technological Strategies and Performance of the Judicial Sector in Kenya: A Case of Nairobi City County

Purpose: Innovations and rapid diffusion of information and communication technologies in institutions are currently experiencing revolutionizing organizational processes. Globalization equally fuels the adoption of the ICT as the basis for digital operations are changing the way organizations operate. Studies on various countries’ courts show that the judicial efficiency affects a country ‘s entrepreneurial activities; this reduces as the level of inefficiency increases. Thus, the study sought to analyze the influence technological strategies on performance of judicial sector in Kenya. Specifically, the study proposed to determine the influence of technological sourcing; technology posture; technological culture change; technological capacity on the performance of the judicial sector in Kenya.
 Methodology: By adopting descriptive research design, the study targeted all the five magistrate courts in Nairobi City County and purposively targeted nine offices per station, comprising (magistrate, court clerk, court accountant, court secretaries, court Archivist, HR and Administration officer, ICT officer, Procurement officer, and Library assistant, yielding a total of 45 sample size respondents for the study. Primary data was collected through structured questionnaires, which was piloted to ascertain its reliability and validity. Data was analyzed both descriptively as well as inferentially with the help of SPSS program (v.25.0) and MS Excel 10 softwares; and results presented using tables and charts for interpretation.
 Findings: From the study results, all the technological strategies variable had a positive and significant relationship with performance of the judicial sector in Nairobi City County in Kenya.
 Unique Contribution to Theory, Practice and Policy: The study was formed by the following theories: Transactional Cost, knowledge based; Stakeholders; Culture theory as well as the Task-technology fit theory. The study recommended that magistrate courts in Nairobi City County in Kenya should enhance their technological strategies since the strategies have been shown to bear a positive and significant effect on performance. The magistrate courts can achieve this through adopting advance technological orientations, especially where sourcing and culture of operations are concerned.

Implementation of Supreme Court Regulation No. 1 of 2016 on Mediation Procedure in Divorce Cases During the Covid-19 Pandemic at Religious Courts in Medan City

This study undertakes an analysis of the implementation of Supreme Court Regulation (Perma) No. 1 of 2016 concerning Mediation Procedure I in the settlement of divorce cases during the COVID-19 pandemic at Religious Courts in Medan City, while also identifying inhibiting factors. A descriptive qualitative research method is employed due to the nuanced nature of the issues at hand. Key informants (Vice Chairman of the Religious Courts in Medan City), main informants (mediators), and additional informants (court clerks) constitute the research subjects. Data collection methods encompass observation, interviews, and documentation. Data analysis includes data reduction, presentation, conclusion drawing, and verification, with data validity confirmed through triangulation. The implementation of Perma No. 1 of 2016 is evaluated through the lens of Edward III's theory, encompassing communication, disposition, resources, and bureaucratic structure. However, the appointment of mediator judges remains suboptimal. Mediation of divorce cases at the Religious Courts in Medan City is perceived as less effective, supported by the limited number of successfully mediated cases. Inhibiting factors include the scarcity of mediator judges, inadequate accessibility to mediation rooms for many individuals, and a lack of public awareness regarding the significance of mediation in case settlements.

Contribution of Agama Arbitration Council as an Alternative Mode for Conflict Resolution Adopted By Shari’ah Courts in South Central Mindanao

Issuing the Code of Muslim Personal Laws of the Philippines was a constitutional justification for the free exercise of Religion and cultural communities. This study aimed to ascertain the relationship between the contribution of the Agama Arbitration Council as an alternative mode for conflict resolution adopted by the Shari'ah Courts in South Central Mindanao. The study utilized a descriptive correlation to the 100 respondents composed of judges, clerks of courts, counselors, staff, and asatidz in the cities of Cotabato and Kidapawan, including provinces of Maguindanao, Sultan Kudarat, and North Cotabato. The researcher-made survey questionnaire was used and validated by experts, and its reliability was tested on alpha Cronbach. The Pearson r was used to analyze the data. The results found a high positive correlation between the Agama Arbitration Council as an Alternative Mode for Conflict Resolution adopted by the Shari'ah Courts in terms of divorce (talaq), subsequent marriage, and offense against customary law and its attainment of objectives on the proper conduct of arbitration procedure and the speedy disposition of cases. Hence, the Agama Arbitration Council served as a viable process instead of litigation in the regular courts. It is recommended to incorporate them as essential in the legal system of Muslims in the Philippines.

Professionalization of the land courts (iudex terrestris) in the Grand Duchy of Lithuania (1565–1764)

ABSTRACT Lithuanian land courts in the years 1565–1763 consisted of three-person teams of judge, podsędek (deputy judge), and court clerk. These offices were held for life. At election sejmiks, nobles nominated candidates for each office, and the king appointed one of them. From 1566, the Grand Duchy of Lithuania contrasted with the lands of the Crown of the Kingdom of Poland, because an exception allowed the nobility to independently promote a previous podsędek or clerk to a judge. This phenomenon resulted in the professionalization of the land courts’ staff, whereby junior members of the team learned the procedure and provisions of the law from the more experienced judge. In addition, the political culture of the nobility improved, since they took unanimous decisions in the name of the local community’s good.

Digitalization of Evidence in the Constitutional Court: Opportunities and Requisite

Digitization has spread to people's live, it is also necessary to reform the judiciary for the efficiency and effectiveness of evidence in procedural law. Legalization rather than the use of digitalized evidence is also needed for legal certainty in proceedings. The research method used in this study is a normative legal method with a historical approach and statutory approach. The historical approach is used to analyze the background of constitutional cases in the past and is connected to current conditions related to evidence. A statutory approach is needed to analyze the legality of using digital evidence when taking proceedings at the Constitutional Court. The results of this study are found that the history of constitutional cases that have relevance to the existence of the Constitutional Court is the background for the occurrence of evidence in the institution that guards the constitution. The use of digital evidence has proven necessary to realize the principle of fast, easy and cheap process. In addition, its practical use is only limited to the administrative affairs of the court clerks, not to the evidentiary process in the Procedural Law of the Constitutional Court. So that it is necessary to adapt the court to digitalization to get to the proof stage by carrying out legal formulations in the form of changes to the procedural law of the Constitutional Court which will provide space for evidence in digital form in proceedings at the Constitutional Court.

Legal practices and tribal exceptionalism in Western India

The Bhil and Girassia tribal regions of Udaipur district in the state of Rajasthan in Western India have been historically associated with ideas of wildness and primitivity that have relegated them to zones of exception. This article examines how everyday legal practices reflect and reproduce tribal exceptionalism. In particular, the article examines cases that are registered under sections 323 and 341 of the Indian Penal Code. The combination of 323 and 341 is locally known as petty violence. The manner in which high caste legal practitioners, including police officers, government doctors, lawyers, magistrates, and court clerks, inscribe documents in a legal file pertaining to crimes of 323 and 341, such as the First Information Report, injury report, map of crime, and list of witnesses, is mediated by a complex infrastructure of caste ideology that assumes that Bhils are wild, lack mental skills, and are only capable of petty violence. Legal practitioners believe that tribal life is incommensurable with the specific forms of selfhood, modes of interaction, and publicity that comprise legal personhood and that tribals are more effectively governed by their own customary laws. The article reveals how through these everyday police and court practices, legal practitioners legitimize and establish the state by creating spheres of tribal exceptionalism.

An account of the negotiations inside the Parlement de Paris: Claude Guillaume Lambert’s diary

Abstract The Parlement de Paris is well known to historians. However, if its role as a recorder of edicts and royal declarations is clear, less is known of the debates that informed its judgments and remonstrances. The official records compiled by court clerks have tended to be the only source used by historians. Yet some magistrates created a more personal memory of the discussions that took place within the secret council. The diary kept by Claude Guillaume II Lambert, a young councillor at the Chambre des Enquêtes, is a good example of this. It uncovers the parlementaires’ connections, power plays and strategic postures from May 1749 to June 1751, brings to life the negotiations that took place within the assembly and abounds in anecdotes. After having been a privileged source of information for the pamphleteering journalists of the eighteenth century, Lambert’s diary offers the historian a window into the very soul of the parlement.

Dr Milutin Lj. Perišić (1873-1915), prilozi za biografiju jednog znamenitog Kragujevčanina

r. Milutin Lj. Perisic, a specialist in venereal and skin diseases and a deputy medical major, was born in Kragujevac into a civilian family with a long history of contributing high-ranking officials and officers to Serbia. As the child of an officer, he frequently changed his place of residence and education, attending primary school and gymnasium in Kragujevac, Nis, and Belgrade. He then pursued his education at the Law Faculty of the Velika Skola in Belgrade, but realizing that law was not his calling, he left his position as a court clerk and embarked on medical studies in Nancy, where he studied for six years at his own expense. After obtaining a medical degree and defending his thesis on "Syphilis in Serbia," he returned to Serbia in 1901. Shortly thereafter, he was appointed as a physician for the Kosmaj district. He spent time in Paris specializing in venereal and skin diseases, and from 1905 to 1914, he served as a municipal physician in Belgrade while also running a private practice. He was the first in Serbia and this part of Europe to apply "Ehrlich's treatment" for syphilis to his patients. During the Balkan Wars of 1912/13, he served as a physician for the Danube Artillery Regiment, and at the beginning of World War I, he assumed the position of the director of the Military Hospital in Skopje. Just a few months after the death of his wife Zorka, he contracted typhus and passed away as a result of the illness. He was buried at the Serbian military cemetery in Skopje. On the occasion of the 150th anniversary of Dr. Milutin Lj. Perisic's birth, it is an opportunity to remember this distinguished yet forgotten individual from Kragujevac.

Legal Practitioners' Views on the Effectiveness of Virtual Courts

This study aimed to explore legal practitioners' perspectives on the effectiveness of virtual courts, focusing on identifying the main themes related to technological adoption, procedural changes, the impact on justice access, and future directions of virtual courtroom proceedings. Employing a qualitative research design, the study conducted semi-structured interviews with 30 legal practitioners, including lawyers, judges, paralegals, and court clerks. Participants were selected through purposive sampling to ensure a diverse range of experiences and viewpoints. Data were analyzed using thematic analysis to identify patterns, themes, and sub-themes related to the effectiveness of virtual courts. The analysis revealed four main themes: Technological Adoption, Procedural Changes, Impact on Justice Access, and Future Directions. Within these themes, categories such as Ease of Use, Accessibility, Security Measures, Judicial Efficiency, and Public Perception and Acceptance emerged, along with various sub-themes and concepts highlighting the complex dynamics of virtual court proceedings. Key findings include the importance of user-friendly technology, the potential of virtual courts to improve access to justice, and the need for continuous adaptation and training to address technological and procedural challenges. Virtual courts possess the potential to transform judicial processes, offering opportunities for increased efficiency and accessibility. However, the effectiveness of such systems is contingent upon addressing technological, procedural, and accessibility challenges. Future developments in virtual courts should focus on enhancing user satisfaction, ensuring equitable access to justice, and adapting to evolving technological landscapes.

DESIGUALDADES DE GÊNERO EM OCUPAÇÕES JURÍDICAS

Abstract The present article seeks to analyze empirically how the educational effect of women in higher education Law courses affects their insertion into the formal labor market. To achieve this goal, we used data from the Relação Anual de Informações Sociais [Annual Social Information Report] (RAIS) to analyze all occupational fields that require legal training. The data show that women were already the majority as court clerks and the like, and became the majority in private law from 2010 onwards. As for the income received, controlled by other variables, women tend to earn less than men in the same occupations, with higher incomes only among public prosecutors and lawyers.

The Skills Wastage of Contract Court Clerks in China: Assessment and Countermeasures.

Skills wastage among contract court clerks in China is becoming a concern for the court system, as it raises the turnover of essential personnel. This article explores how and why highly educated recruits ('talents') are attracted to, and often leave, this job through interviews with 79 newly recruited clerks of two courts of a provincial capital. The interviews reveal that underemployment-a common cause of dissatisfaction-reflects rigid recruitment policies, an inefficient talent allocation mechanism, and fundamental institutional changes to career progression in this specific occupation. To alleviate the problem, the data collected suggest encouraging employers to adjust their recruitment policies and provide more employment and career guidance. As many of the new recruits leave provincial towns to seek fortune in the capital, and this raises the incidence of under-employment among newly appointed court clerks through fiercer job competition, skills wastage among court clerks could also be reduced by narrowing the gap among cities to make talents evenly distributed across space.

Legal Problems and the Ideal Concept of Civil Executions in Indonesia

This study aims to analyze the execution or implementation of judge decisions in civil cases carried out against judges' decisions with permanent legal force. Execution can be carried out voluntarily or by force. The implementation of the judge's decision is voluntarily carried out directly by the losing party without court intervention. In practice, the losing party is not willing to carry out the judge's decision voluntarily, so it is carried out by force through the District Court, which decides the case. Barriers to execution include unclear execution objects, having moved into the hands of other parties, issuance of new certificates and losing parties fighting back. Meanwhile, the juridical obstacle is a judicial review by the losing party. The third party filed a resistance because there was a third party's right that was taken; the judge's decision was not punishing but decratoir and constitutive. To prevent obstacles in the execution of executions and winning without winning only on paper, the losing party must have good intentions to carry out the judge's decision voluntarily, the court clerk or bailiff must be careful and thorough in confiscation, the losing party does not transfer the object of the dispute to another party. For the smooth implementation of the execution, the court may request assistance from the security forces (police and military) to provide security during the execution. The party who hinders or threatens the executing officer during the execution can be subject to criminal sanctions.

Juvenile Justice and Women's Clubs: Ogden as a Case Study

Juvenile Justice and Women's Clubs: Ogden as a Case Study

“Greasy Thumb”—The Man Who Made the Chicago Mob

“Greasy Thumb”—The Man Who Made the Chicago Mob

Licytacja lokalu mieszkalnego lub nieruchomości gruntowej zabudowanej budynkiem mieszkalnym służących zaspokojeniu potrzeb mieszkaniowych dłużnika z uwzględnieniem stanu epidemii wirusa SARS-CoV-2

The article submits to a scientific discussion on the issue of the auction of a dwelling or a plot of land developed with a residential building, serving to satisfy the debtor’s housing needs during the SARS-CoV-2 virus epidemic. The key importance should be attached to the new Article 952 1 § 5 of the Civil Procedure Code, which states that an auction of a dwelling or a plot of land developed with a residential building, which is to meet the housing needs of the debtor, is not carried out during the state of epidemic threat or epidemic state and 90 days after its end. The new legal solution highlights the general problems with the organization of the work of the courts (related to judicial enforcement proceedings) during the SARS-CoV-2 virus epidemic and the division of duties between the district court and the court bailiff. The presented considerations postulate the introduction of innovative solutions applicable not only in the state of epidemics. Firstly, an introduction, through legislative intervention, of an electronic auction in the course of enforcement of real estate, following the example of an electronic auction of movable property. Secondly, breaking the rule according to which the auction of real estate requires direct supervision by a judge (court clerk). The article takes into account the legal status as of 1 January 2021.

Doctrinal and Legislative Approaches to the Definition of Subjects and Participants in the Administrative Process

The paper examines the existing contradictions between scientific terminology and terminology of legislation on the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational literature shows that even today there is no clear justification for the relationship between the concepts of"subject of administrative process" and "participant in the administrative process". The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural law and the laws of development of the science of administrative procedural law. It is concluded that it is long overdue to offer the scientific community and legal practitioners a concept of the relationship between the concepts of "subject of administrative proceedings" and "participant in administrative proceedings", which would reconcile the contradictions of otological and epistemological terminology used in CAP of Ukraine. The necessity to use in science of administrative law and process the concept according to which administrative process should be considered as law enforcement activity of administrative courts connected with consideration and the decision of public law disputes is proved. In this case, the subject of the administrative process will always be the administrative court, while the parties, third parties, representatives, assistant judge, court clerk, court administrator, witness, expert, legal expert, translator, specialist are only participants in the administrative process , ie persons who take part in the law enforcement activities of the administrative court.

Jadwiga Janina Cywińska, z domu Malkiewicz. Jedna z Wileńskiej Szóstki

The first published biography of one of the members of the first community of the Order of Mercy, founded by Fr. Michał Sopoćko according to the revelations received through the intercession of Sister Faustyna Kowalska; court clerk in Vilnius and Toruń.