Context Of Court Research Articles

Perluasan dari Alat Bukti Tertulis dalam Perspektif Hukum Acara Perdata

The rapid development of information technology, such as emails, instant messaging, and digital documents in electronic transactions, is transforming traditional methods of evidence presentation in civil court contexts. Therefore, it is necessary to conduct a study on the legality and relevance of electronic evidence within the framework of existing legislation, as well as how courts assess and accept such evidence. The research findings indicate that although electronic evidence in the form of electronic information and/or documents is recognized as valid legal evidence, challenges remain in its application, including issues of authenticity and the integrity of the submitted electronic data. Guidelines are needed to demonstrate the evidential strength of electronic evidence so that it can be accepted by the parties involved and provide clarity to judges in admitting electronic evidence as part of the evidentiary process. Furthermore, regulatory reforms are necessary to optimize the use of electronic evidence and ensure fairness in legal proceedings. These papers are expected to contribute to developing civil procedural law in the digital era.

Collegiality and Dissent in Polish Administrative Courts

This article addresses a gap in existing research by focusing on the often-neglected realm of judicial interactions and internal dynamics within specific courts concerning the phenomenon of votum separatum. We examine the forms and practices of collegiality within Polish administrative courts and their influence on judges' decisions to file dissenting opinions. Additionally, we investigate the reactions of fellow judges when a dissent is announced. Our qualitative research methodology relies on in-depth interviews to prevent the imposition of predefined categories. Participants were encouraged to recount their experiences related to composing or participating in decisions involving dissenting opinions. This approach led to the emergence of categories related to collegiality, its functions, and inherent tensions. Our findings reveal that collegiality manifests in various forms beyond panel deliberations. Notably, our research uncovers the existence of departmental meetings in provincial administrative courts where issues addressed in dissenting opinions are discussed. Furthermore, judges' perspectives indicate that the most common scenario leading to dissenting opinions arises when judges from different panels reach opposing decisions. This dilemma prompts judges to choose between adhering to the initial panel's decision or voting for a divergent position proposed by the second panel. Finally, our observations within courtrooms highlight that the ideal of the dispassionate judge does not exclude subtle expressions of surprise or disappointment. These findings enrich our understanding of judicial interactions, shedding light on the complexities of collegiality and dissent within the context of Polish administrative courts.

A Critical Discourse Analysis of the Civil Judgment of “The Besieged City” Copyright Infringement Case

Based on Fairclough’s three-dimensional model, this paper sets out to give a critical discourse analysis of the civil Chinese judgment of“The Besieged City”Copyright Infringement Case by adopting a descriptive and explanatory approach. This study analyzes the main linguistic manifestations of power asymmetries in the language of a civil judgment and investigates how the power relations among different participants are shown in the social court context. It is found that address forms, formal words, nominalization, modality, imperatives and ellipsis are the main linguistic manifestations of power asymmetries among court participants. The interpretation and explanation of the situational court context manifests to a certain extent the encoding power relations, and such social structure of power relations help shape the discourse of judgment, and the discourse itself reinforces the enactment of the power relations. It is hoped that the findings of the present research may provide legal professions with new insights into drafting and reading judgments and provide reference for legal laypersons to have a critical understanding of civil judgments whenever they become a reader of this kind of judicial genre.

Does Racial Bias Explain the Black-White Sentencing Gap across U.S. Courts?

Abstract It is widely speculated that prejudicial attitudes and implicit biases are fundamental to understanding racial disparities in criminal punishment. Yet surprisingly little research links measures of racial bias to data on criminal court decision-making. This article fills this gap by combining multiple aggregate measures of implicit and explicit racial bias with data from U.S. federal courts to examine whether racial disparities in sentencing are associated with prejudicial attitudes within the surrounding court context. We find no evidence that racial biases, whether implicit or explicit, significantly influence racial sentencing disparities across U.S. district courts. Nor do we find evidence that racial biases yield greater sentencing disparities in supplementary analyses using county-level court data. We do, however, find suggestive evidence that the prosecutorial application of mandatory minimums is sensitive to the level of racial bias within a court’s jurisdiction. Specifically, we find that Black defendants are disproportionately charged in districts with greater explicit racial animus.

STANDAR OPERASIONAL PROSEDUR PELAYANAN MEDIASI DI KANTOR MAHKAMAH SYAR’IYAH SUKA MAKMUE NAGAN RAYA

This Field Experience Practice discusses the implementation of the “Standard Operating Procedure for Mediation Services” at the Islamic Court of Suka Makmue, Nagan Raya. The primary focus of this practice is to introduce and familiarize students with standardized SOPs to guide the implementation of mediation in the Islamic judiciary environment. Through observation and active participation, students comprehend the stages of the mediation process, the role of the mediator, and how the SOP serves as the operational foundation ensuring consistency and effectiveness in dispute resolution. This practice successfully achieves its goal of applying theoretical knowledge in the practical context of the Islamic Court. Students deepen their understanding of the intricacies of mediation and enrich their knowledge about mediation services at the Islamic Court of Suka Makmue. By detailing the steps in the SOP, this practice provides a clear overview of how mediation is integrated as the primary approach in dispute resolution. The results indicate that the Islamic Court of Suka Makmue consistently adheres to legal foundations, such as Supreme Court Regulation Number 1 of 2016, mandating mediation before a trial. This Field Experience Practice makes a positive contribution to students' understanding of operational procedures and the principles of good governance embedded in mediation services at the Islamic Court.

Estrés psicológico de los intérpretes simultáneos de árabe

This research elucidates the psychological stress encountered by interpreters proficient in the Arabic <> English language pair. Utilizing a five-Likert-point survey, the study seeks to ascertain the perceptions of these simultaneous interpreters regarding the most pronounced stress-inducing elements they encounter during their professional engagements. The findings highlight that primary stress precipitators encompass subpar remuneration, an intensified sense of accountability for the interpreted content, and the lack of cooperation from private clientele. Concurrently, approximately two-thirds of the identified stressors engender moderate stress levels; these include specialized terminologies, inadequate speaker visibility, and the necessity for frequent travel, among numerous other factors. Furthermore, the medical manifestations of this stress are prominently throat irritation, characterized by dryness and headaches, followed by compromised concentration, somnolence, back pain, fatigue, eye irritation, and minimal rates of insomnia. The implications of this research could contribute significantly to the existing body of knowledge on stress dynamics within the realms of translation and interpretation, as well as addressing human-centered concerns within the context of court interpreting.

Quo Vadis Specialised Courts in Indonesia within Constitutional Court Decisions Confines

In Indonesia, special courts represent a phenomenon of judicial deference which is associated with an independent judicial system and supports the efficient and effective administration of justice. However, the practice in Indonesia shows that there is a need for further discursive research and thinking in the organization of the special justice system in Indonesia, based on internal and external issues in the realization of a special justice order that promotes substantive justice and is based on effectiveness, efficiency, and justice that is based on the needs of legal specificity under the specialized court context. This article utilizes dogmatic legal research based on a statutory approach, a case law approach, and a conceptual approach on a micro-legal research basis to examine the revamping of special courts in Indonesia, including the elaboration of Constitutional Court Decisions relevant to the strengthening of constitutional consolidation in post-reform Indonesia. Furthermore, the findings of this study show that the dynamics of special justice in Indonesia seem to be based on specific needs, international intervention in several cases, and ideas when the 1945 Constitution was amended by strengthening in accordance with conditions and times to achieve substantive justice. Similarly, the failure to build several special courts has become a discourse in recent decades, as various Constitutional Court decisions have directed topics that may be seen in the formation of special courts in the future. These include the existence of electoral and medical courts, which have also emerged as ideas for revamping specialized courts in Indonesia.

Remarks on Tikanga and the District Court

This article explores tikanga in the District Court context. It explains that the incorporation of Te Reo Māori (Māori language) and tikanga Māori is relatively new in the District Court. It discusses the introduction of Te Ao Mārama and solution-focused judging approaches since 2020 and goes on to describe how tikanga might operate in a Te Ao Mārama context.
 Keywords: Te Ao Mārama; tikanga; education; rangatahi; Te Reo Māori.

Remote Interpreting in Criminal Proceedings

Court interpreting is a form of community interpreting looking back at a long history. Indeed, the age of modern conference interpeting dates from the launch of simultaneous interpreting at the Nuremberg Trials following World War II. – Interpreting in court proceedings, in particular, in criminal law cases is indispensable for observing the right to a fair trial, enabling the defendant or applicants to understand the proceedings and make claims. Remote interpreting in court proceedings was employed predominantly in combination with remote hearings in the framework of legal aid procedures, however, with the outbreak of the coronavirus pandemic, courts scrambled to continue operations in the uncertain times of lockdown. – This paper examines the fundamental rights backdrop (Article 6 ECHR and Article 47 Charter of Fundamental Rights) and legal basis of court interpreting in Europe (Directive 2010/64/EU) as the legal context of remote court interpreting. Is also examines the European (EU and CoE) policy papers and actions supporting remote hearing and remote interpreting in judicial procedures. It then continues with the case study on remote interpreting at the Hungarian criminal judicial system in the era of the Pandemic. Finally, in light of these findings, the following question is tackled: Does the accused have the same opportunity in the proceedings? In essence: does remote hearing and interpreting guarantee a fair trial?

The constitutional context of exceptional courts and state repression

The constitutional context of exceptional courts and state repression

The Uses of the Outputs of the International Law Commission in International Adjudication: Subsidiary Means or Artefacts of Rules?

This paper examines the methods which international courts and tribunals (ICTs) employ when using ILC outputs for the purpose of determining rules of international law and their content. Specifically, it identifies common patterns in the ways in which ICTs, first, justify their reliance on ILC outputs and, second, deal with their ambiguities. The paper argues in favour of a consistent methodology for the treatment of ILC outputs in international adjudication. Such a framework is based on the distinction between the identification of the status of a normative proposition contained in these texts and the determination of its content or its interpretation. The identification of the status of a normative proposition requires a critical assessment and reconstruction of the evidence leading up to its development taking also into account that these instruments are not a monolith from the perspective of sources. However, the interpretation of a proposition whose status is uncontested follows a line of inquiry akin to treaty interpretation. This observation has broader implications for the process of interpretation in international law. Specifically, apart from the context of treaty interpretation, international courts or tribunals interpret the normative propositions contained in ILC outputs as a methodological shortcut for the interpretation of rules of customary international law or general principles of law. Conversely, the employment of methods akin to treaty interpretation in this context can constitute evidence of the emergence of common rules, principles, or good practices of interpretation that are also applicable to unwritten international law.

E-Justice Platforms: Challenges for Judicial Governance

This article discusses e-justice platform development and its implications for judicial governance. Procedural decisions and court work processes can now be encoded into the digital court work environment. This may affect fundamental values such as fair procedure and judicial impartiality and independence. The article compares three e-justice platforms (EJP): e-Curia (Court of Justice of the European Union), Civil Trial on Line (TOL) in Italy, and <em>Kwaliteit en Innovatie Rechtspraak</em> (KEI) in the Netherlands. In an innovative approach, it considers EJP’s as enterprise information systems. It combines functional and managerial perspectives with those of procedural law and technology. The paper studies the impact of merging procedural law and technology for developing EJP’s and for reconciling the requirements of both law and technology in the highly regulated context of courts and judiciaries. The paper finds that, in EJP development and implementation, law and technology’s combined effect may affect fair procedure. The article concludes with a discussion of the kind of governance needed to safeguard fair procedure and proper functioning of IT in courts. This need becomes even more pressing with the advent of artificial intelligence (AI). The article finds that resolving these issues is part of the judiciary’s responsibility for fair procedures and cannot be left to IT experts. It offers some standards and principles for judicial governance to fulfill judicial responsibility for fair procedures as laid down in the human rights conventions.

Speaking Wit to Power

Archimedes’ Sand-Reckoner presents a system for naming extraordinarily large numbers, larger than the number of grains of sand that would fill the cosmos. Curiously, Archimedes addresses the treatise not to another specialist but to King Gelon II of Syracuse. While the treatise has thus been seen as evidence for the dynamics of patronage, difficulties in both Archimedes’ treatment of Gelon and his discussion of astronomical models make it fit incongruously within contemporary court and scientific contexts. This article offers a new reading of the Sand-Reckoner based on a reconsideration of the relationship between author and addressee: deferring assumptions about the historicity of that relationship, it analyzes Gelon’s role in the treatise with respect to both the stylistic features of Archimedes’ prose and a broader tradition of narratives about a variety of cultural actors who engage with kings, speaking not so much truth as wit to power. Such a reading resolves the social and scientific difficulties of the treatise, and develops the literary-experimental qualities of Hellenistic science. In turn, the article proposes a revised approach, sensitive to broader patterns of authorship, to understanding ancient scientific authors’ relationship to royal authority. It concludes, finally, that the royal patronage seemingly exemplified by the Sand-Reckoner had greater significance as a cultural trope than as a social institution.

Sensemaking in the Legal System: A Comparative Case Study of Changes to Monetary Sanction Laws

Legal scholars have long studied why laws are implemented differently across local court contexts. Key to understanding this localized variation is understanding how new laws are communicated, interpreted, and negotiated within the legal field. Few studies, however, have directly examined the process by which court actors interpret and negotiate new laws within the court. We explore these sensemaking processes through interviews and observations of court actors in Washington and Missouri after changes to monetary sanction laws. We identify three primary forms of sensemaking and analyze contextual factors that shape these processes. We find key differences in sensemaking based on differing levels of regulatory oversight but also that normative and cultural factors were still important in determining legal interpretation and implementation within each state. These findings have important implications for our theoretical understanding of courtroom communities and for policymakers seeking to enact reform.

Fine-grained legal entity annotation: A case study on the Brazilian Supreme Court

The exploration of legal documents in the Brazilian Judiciary context lacks reliable annotated corpus to support the development of new Natural Language Process (NLP) applications. Therefore, this paper presents a step toward exploring legal decisions with Named Entity Recognition (NER) in the Brazilian Supreme Court (STF) context. We aim to present a case study on the fine-grained annotation task of legal decisions, performed by law students as annotators where two levels of nested legal entities were annotated. Nested entities mapped in a preliminary study composed of four coarser legal named entities and twenty-four nested ones (fine-grained). The final result is a corpus of 594 decisions published by the STF annotated by the 76 law students, those with the highest average inter-annotator agreement score. We also present two baselines for NER based on Conditional Random Fields (CRFs) and Bidirectional Long-Short Term Memory Networks (BiLSTMs). This corpus is the first of its kind, the most extensive corpus known in Portuguese dedicated for legal named entity recognition, open and available to better support further research studies in a similar context.

“I haven't come a long way, and I'm not a baby”: Task assignment and diversity of the Supreme Court bar

AbstractObjectiveGender disparities in litigation task assignment are not limited to the trial court context; they are present in even the highest of courts in the United States. We explore and seek to explain the gendered patterns of participation by lawyers arguing before the U.S. Supreme Court.MethodsAfter quantitatively describing participation by female attorneys in Supreme Court litigation, we use logistic regression and fractional logit, respectively, to identify factors that influence the degree to which women deliver oral arguments and participate in writing litigant briefs.ResultsDescriptively, we find that male attorneys present more oral arguments than female attorneys, and most litigant briefs are written by male‐dominated teams. In fact, more than a third of the briefs are only signed by men. In multivariate analyses of Supreme Court oral arguments and briefs, we find that women are more likely to argue and sign briefs on issues in which they are stereotypically perceived as more competent (women's issues) and less likely to participate in issue areas where they are perceived to be less competent, like economic issues. Similarly, women are less likely to orally argue in complex cases.ConclusionWhile occupational segregation and other factors may play a role, the participation of female attorneys in this forum is likely driven, in part, by stereotyped assessments of their competency.

«Infamie e splendori: questo è il tempo in cui abbiamo avuto la ventura di vivere». Il Rinascimento di Florestano Vancini in E ridendo l’uccise (2005)

The main inspiration that led Florestano Vancini’s film career was Italian history. Although his attention was mostly drawn to major events from the 20th century – as in the highly praised La lunga notte del ’43 (1960) –, the Ferrarese director showed a considerable interest for the Renaissance era. The aim of this essay is to investigate the relationship that Vancini had with the “Umanesimo” in Ferrara. The first part of the present contribution analyses a short film from 1949, Amanti senza fortuna , staging the tragic events that involved Parisina Malatesta and her step-son Ugo d’Este. After that, other Vancini’s works are taken into consideration, such as the now lost La citta di Messer Ludovico (1951), focusing on the great Renaissance poet Ludovico Ariosto; Ferrara (1995), a short TV movie showing the beautiful architecture of the town; and Lucrezia Borgia. Una intervista impossibile di Maria Bellonci (2002), a medium-length film dedicated to the tormented wife of Alfonso I d’Este. The final part of the essay analyses E ridendo l’uccise (2005), the last feature film directed by Vancini. Set at the time of the feud among the four Este brothers, the movie sheds light on a bloody page of the history of Ferrara viewed from the perspective of a jester, a character with a complex role in the social context of the Estense court.

Equality in the Youth Court: Meaning, Perceptions and Implications of the Principle of Equality in Youth Justice

Equality is a fundamental principle, also in youth justice. Nevertheless, children from ethnic minorities, children with disabilities and children from low socioeconomic backgrounds are vastly overrepresented in youth detention populations across the globe. This article combines interdisciplinary theoretical perspectives and empirical findings from interviews with practitioners from two English youth courts to explore the meaning, perceptions and implications of the principle of equality in the specific context of the youth court. Ultimately, this article presents the first contours of a conceptual model of equality in the youth court, which aims to inform policy, practice and future research.

In Praise of This Prosperous and Harmonious Empire: Sanqu, Ming Anthologies, and the Imperial Court

Abstract This article explores the textual world and functionalities of sanqu songs in relation to the court milieu. The imperial court is not usually considered a natural habitat for the sanqu genre, best known for its portrayal of “disengagement” and “retirement” from official life, yet one cannot ignore the presence of a substantial number of sanqu songs that addressed and engaged with various court contexts and imperial occasions. I call this type of songs “courtly sanqu songs,” written in a style suitable for presentation to the imperial court or for courtly occasions. By identifying a number of Ming dynasty qu anthologies that prominently feature courtly sanqu songs, this article examines how these anthologies, through their organizational structure, draw the reader's attention to courtly sanqu songs. Ming anthologies also act as the major source for tracing the textual lineage of courtly sanqu and the spectrum of songs contained within this textual world. Using one song suite (“Nation Blessed”) as a case study, the article traces its variations and different “positions” over time, across anthologies, and across different editions of the same anthology, thereby uncovering the status and place of such songs in the court milieu and beyond.

“Habit and creativity in judges’ definition and framing of legal questions”

The dominant social scientific approach to studying judicial behavior treats judges as strategic actors pursuing their political preferences under institutional constraint. The intellectual roots of this rational choice approach are in American law’s long but sporadic engagement with pragmatist ideas. This article challenges that approach: a fully pragmatist account of judicial action provides a better description of the intellectual and social work of judging, and better explains how judges reach a decision in difficult cases that most affect the development of law and its relationship to society. The article argues that the foundational intellectual problem for appellate judges is how to define the legal questions presented in a case. Definitions of legal questions arise from the interplay of habitual and creative action in the local social context of an appeals court. Professional and local interpretive habits and legal forms ordinarily do a great deal to define the key questions, which are not strictly determined when a case comes before a court. Unscripted small group interactions at oral arguments also figure in question definition; oral arguments are most important in the rare but legally important cases where habitual practices alone are insufficient to delimit the legal question judges must answer. Supported by extensive interviews with federal appeals judges and clerks, the article illustrates judges’ creative, interactional efforts to define an answerable question in a major asylum case decided in the Seventh Circuit Court of Appeals. Building from this case, the article describes the factors that shape judicial question definition, and describes the conditions when creative judicial action is likely to be most prominent.