Court Of Law Research Articles

Legal Aspects of Membership in a Trade Union: A Case Study of Lithuania

The aim of this article is to address the questions of how the principle of freedom of association and the prohibition of discrimination on the basis of trade union membership are understood and to identify legal obstacles for an effective implementation of the right to join trade unions. International, EU regional and Lithuanian national legislation, as well as the case law of the European Court of Human Rights, the Court of Justice of the European Union and Lithuanian courts have been explored to carry out the current study. The results confirm that membership can be interpreted broadly; therefore, members of a trade union may be required to possess certain working and legal capacities, as well as meet other requirements related to the trade union’s objectives, which are sometimes unreasonable. Due to possible exceptions, various members may be subject to different collective rights, for example, certain officers may not be permitted to strike, and some may not even be allowed to join associations.

Profile of Medico-legal Age Estimation Cases in a Tertiary Hospital in Kathmandu

Introduction: Medico-legal age estimation is the estimation of chronological age of an individual which is based upon analysis of physical development of the body, development of secondary sexual traits, tooth eruption, appearance of ossification centers of bones, and the degree of epiphyseal union. Chronological age of the subject whether a minor (less than 18 years) or an adult determines the fate of the case in the court of law. Objective: The present study revealed varied profiles of the perpetrator and the victim who came for medico-legal age estimation. Methods: This is a retrospective, descriptive cross-sectional study conducted in the Department of Forensic Medicine, Maharajgunj Medical Campus, Institute of Medicine (IoM). The data of medico-legal age estimation of 5 years period was analyzed using the statistical software SPSS 20. Results: Total of 313 individuals were studied. Majority of the individuals were within the age group of 16-17 years. Males (70.3 %) outnumbered females (29.7 %). Theft (31.9 %) was common among subjects, followed by sexual assault (18.2 %) and majority of subjects (59.7%) came from Province 3. Sixty percent of the subject’s alleged age, matched the estimated ages. Conclusion: This study shows the status of children in crime which demands attention of concerned authority. Males were significantly involved in theft and females were victims of sexual assault. Forty percent of the alleged age given by the subject differed from the estimated age, to change the fate of the case. These results could greatly benefit the judiciary system of Nepal.

SPECIAL MEASURES FOR SEX OFFENDERS AND POTENTIAL HUMAN RIGHTS VIOLATIONS

Child sexual abuse has attracted enormous attention and occupied significant media space in recent decades. This increased attention has resulted in the creation of strategies aimed at responding to sexual abuse in general, and has been motivated by both the need to prevent reoffending and the desire to adequately respond to the expectations of the wider public. Measures aimed at responding to sexual offenses have become fertile ground for the introduction of various innovations. This may result in the violation of sex offenders’ human rights, and any state based on the rule of law should not allow this. This paper is devoted predominantly to the analysis of the Croatian and Serbian current legal frameworks related to the application of specific measures aimed at sex offenders to establish whether these frameworks are aligned with the relevant human rights protection standards. It has been established that the level of compliance of the two national legislations with the international legal framework is high although there is room for additional corrections. The objective of the paper is to give recommendations for harmonizing the above area with the modern legal acquis, and primarily with the standards established through the case law of the European Court of Human Rights.

The role of administrative courts in ensuring legal security for marriage and family: comments in the context of article 18 of the Constitution of the Republic of Poland

The article is devoted to the role of administrative courts in ensuring the legal security of an individual in the area of family law. The aim of the analysis is to demonstrate the guarantee of the preservation by the Polish constitutional legislator of the traditional form of marriage as a union of a woman and a man and the family created on this basis (Article 18 of the Constitution of the Republic of Poland). The article discusses the essence of legal security and the role of administrative courts in ensuring it, as well as the guarantee nature of the regulations of Article 18 of the Constitution of the Republic of Poland. Against this outlined background, the thesis on the inadmissibility of institutionalization of same-sex unions is argued. Problems resulting from the judicial practice of administrative courts related to the transcription of a child's birth certificate are also discussed. The scientific research was conducted by using traditional methods of jurisprudence, primarily the formal-dogmatic method. The linguistic, systemic and teleological interpretation of Article 18 of the Constitution of the Republic of Poland was applied. The directions of operational interpretation resulting from the case law of administrative courts were discussed. The views found in the literature on the subject (doctrinal interpretation) were taken into account, too. According to the author, the perspective of legal security strengthens the arguments stemming from the linguistic and historical interpretation of Article 18 of the Constitution and allows for a better justification of the inadmissibility of institutionalizing same-sex unions by means of a statute. Such a procedure seems particularly useful in the face of the growing tendencies in the law of other countries to eliminate the traditional form of marriage as a union of a woman and a man.

The Case(s) of Thomasine Ostler: Gender, Fiction, and Theatre History in Common Law Court Records

Abstract This article asks what theatre historians can (and can’t) learn from the records of Thomasine Ostler in the court of King’s Bench between 1615 and 1619, during which period Ostler filed suit not only against her father, the actor John Heminges, but also the son of Walter Raleigh. Ostler’s name is not unfamiliar to scholars, but neither she nor the enrolments of her suits have been examined in detail, and both have been misunderstood or simply overlooked. The article hinges on a new way of working with the plea rolls of England’s common law courts, whose Latin entries have long been seen as limited repositories of ‘essential facts’ to be extracted from ‘smokescreens of formalism and legal fiction’. This article argues instead that plea rolls should be understood as sites of fiction-making, and uses Ostler’s suits to show why their constitution of character and plot should matter to theatre historians. The article thereby casts light on not just the ownership of playhouse shares contested by Ostler and Heminges, but the actions, motivations, and interpersonal relationships of all three parties in Ostler’s suits. It also challenges scholars to re-think the value of plea rolls as sources for women’s lives and stories.

Analysing the Legal Development of the Case Management System in the High Court of Tanzania

Abstract This article traces the legal development of case management as applied in the High Court of Tanzania for the timely justice dispensation. To make it easier for the readers, the authors of this article employed a doctrinal approach by carrying out a systematic documentary review, including the constitution, legislation, reports, and case laws. This review aimed to provide a thorough historical perspective of the development of the case management system in the High Court of Tanzania. The findings reveal that Tanzania introduced a case management system to address the inefficiency of justice in the court system. Furthermore, timely dispensation of justice is the constitutional essence of the existence of the Judiciary of Tanzania. However, even with the introduction of the case management system, the need for the timely justice dispensation in the court of law has not been satisfactorily achieved.

Pattern Of Medicolegal Cases Reported At Sri Madhusudan Sai Institute Of Medical Sciences And Research

Introduction: A medico-legal case is a case of injury or illness where the attending doctor, after eliciting history and examining the patient, thinks that some investigation by law enforcement agencies is essential to establish and fix responsibility for the case in accordance with the law of the land. Medico-legal cases are an integral part of medical practice that is frequently encountered by medical officers working in emergency department. Aims and Objectives: To analyze the pattern of medico-legal cases presented to the casualty at Sri Madhusudan Sai Institute of Medical Sciences and Research. Materials and Methods: This is a retrospective study of medico-legal cases registered in a casualty of Sri Madhusudan Sai Institute of Medical Sciences and Research, Muddenahalli, chikkaballapura, Karnataka for a period of one year from1st Janaury2023 to 31st December 2023. Results: Of the 218 cases, 171 were men and 47 were women with RTA constituting 66.05% (144 cases) of the cases and poisoning with 08.71% (19 cases) of the cases forming most of the case profile. Conclusion: The Casualty of Sri Madhusudan Sai Institute of Medical Sciences and Research deals with a reasonable number of MLCs due to the large semi urban to rural population and easy accessibility from nearby areas. The clinical forensic medicine branch should be developed well to deal with MLC documentation for the administration of proper justice in the court of law at a later stage.

Juridical Analysis of State-Owned Enterprises (BUMN) with Bankruptcy Status

Bankrupt BUMN is not as simple as bankruptcy of a person or other legal entity, because this BUMN has state assets whose management must involve state intervention. Government intervention is proven by the presence of the Minister of Finance as CFO and majority owner of BUMN and the Minister of BUMN as director and supervisor of BUMN activities, apart from that there are supporting regulations, namely the KN Law, PN Law and Constitutional Court Decision No. 62/PUU-XI/2013 which notes that wealth separated from BUMN remains state wealth. If a state company is bankrupted by its own debtor, the finance minister has the largest say in the state-owned bankruptcy application than the GMS, in Peru the finance minister has the highest power and is the only party. who can file bankruptcy. The legal consequence of BUMN bankruptcy is that a public confiscation is carried out, but first the BUMN must go through a process of paying state assets in accordance with Minister of Finance Regulation No. 50/PMK.06/2014 because BUMN goods are still considered state-owned goods.

Rights Quest: A Game for Child Rights Awareness

The interactive video game "A Way Home!" is a serious game for promoting pro-social change by raising awareness of children's rights, as outlined in the United Nations Convention on the Rights of the Child treaty. All countries except the United States have ratified this treaty. Through a collaborative effort, faculty and students developed this game using an open-source platform to create an immersive first-person video game experience to disseminate crucial knowledge about children's rights and the need for ratification. Game design guides players through real-world comparative scenarios depicting environments that support or do not support those fundamental rights. Through engaging gameplay and storytelling, iterative development processes facilitated the game's effectiveness in conveying complex concepts, such as the distinction between rights and responsibilities. The significance of children's fundamental rights, such as access to food, a safe, clean home, the right to speech, and freedom of expression, as enshrined in the CRC, are emphasized by juxtaposing different environments and depicting the consequences of choices. Grounded upon the Diffusion of Innovations theory (Rogers 2010), the first step to adopting cultural change is education. Using gameplay elements, including rewards for positive choices and learner guidance instructions, "A Way Home!" rights quest motivates players to explore and understand the principles of children's rights. The player wins the game when they achieve the goal of being heard in a court of law. By combining education with entertainment, the game aims to inspire empathy and foster understanding, with the ultimate goal of teaching about the need for ratification of the CRC Treaty in the U.S. and empowering players to take action and advocate for children's rights. This paper depicts the methodology involving participants (n=17) from one southeastern university in the States to capture qualitative and quantitative feedback through a perception survey to evaluate the first demo model. Results support advancing data collection for the next version developed using virtual reality (V.R.) headsets to further immerse the learners in the experience.

When Biological Causality Is Determined in a Court of Law

This Viewpoint describes the problems with litigation related to infant formula and necrotizing enterocolitis, such as the inadequacy of the evidence and the patient safety issues raised by the court’s rulings.

The Love Jones Cohort and singlehood are family law issues

AbstractThis article reviews the changing Black family and households. The core theme is to understand the uniqueness of those single and living alone in the Black middle class—the “Love Jones Cohort”—and how their intersecting identities of race, class, gender, and singleness inform their lifestyle, shape how they manage life decisions, and their relationship to policy as well as family law and family court. This essay moves beyond the popularized and omnipresent inquiry: “Why are Black women not getting married?” or “Why are there so many single professional Black women?” This line of questioning throws the spotlight squarely on Black women's individual dating practices, while often ignoring structural factors that undergird those decision‐making processes. It implies that because of the individual actions of the Love Jones Cohort, specifically Black women, they are somehow at a deficiency if they are not married and child‐free, rendering them invisible as a family. This article discusses the legal implications of the presence of the Love Jones Cohort.

‘The voice of the child? The child has no voice’: an Irish study exploring the voice of young children in decisions regarding contact

Since January 2016, Irish family law courts have been obliged to take into consideration the voices of children in proceedings where decisions regarding contact with parents are being made. This article examines the findings of an Irish study that shed light on how young children’s voices are heard in decisions regarding contact with parents who do not, or no longer, live together. The views of key stakeholders who have some involvement with contact arrangements for young children in the 0–6 years age category are highlighted. A thematic analysis of the data was conducted in order to understand various perspectives on how and under what circumstances young children are heard in contact cases. The findings demonstrate that the voices of young children are virtually absent in family law decisions regarding contact. Determining factors relate to the infrastructure of the courts, a significant lack of resources to support the Irish family law system and significant variation in practice approaches between social and legal professionals. As a result of these findings, suggestions are proposed for informing practice and improving service delivery in family law in a way that best meets the needs and rights of young children.

The Pragmatic Impact of Grammatical Structures in Courtroom Interpretation and Translation

Courtroom interpretation and translation require a nuanced understanding of not only vocabulary but also the pragmatic impact of grammatical structures. This paper examines the pragmatic impact of grammatical structures on interpretations in the Kisii Law Courts. Using data collected from actual proceedings, the paper analyzes how seemingly minor grammatical differences can have significant consequences for the accuracy and fairness of the legal process. By applying Mey's (2001) Pragmatic Act Theory (PAT), we analyze how modal verbs, passive voice and nominalisation function within the context of the courtroom, influencing the interpretation of witness testimonies, judge's instructions, and lawyer's arguments. Specifically, we explore the use of passive voice within the context of PAT, analyzing how these choices interact with the social context and speaker intention. We will also examine the pragmatic effects of passivisation on agency, responsibility, and the focus of witness testimony, examining how they shape the understanding of events and culpability. It is crucial for court interpreters and translators to accurately convey the intended meaning and effects of pragmatic acts in court proceedings. Keywords: Pragmatic Act Theory, court interpretation and translation, passive voice, nominalisation, modal verbs

The Enka v. Chubb/Anupam Mittal v. Westbridge Controversies: Why Not the Hong Kong (Partial) Solution?

This paper explores the critical theme of determining the governing law of arbitration agreements amidst the intricate landscape of international arbitration. Focusing on divergent approaches from key jurisdictions, including England and Wales, Singapore, and Hong Kong, it elucidates the challenges posed by varying legal frameworks. Recent developments, such as potential statutory adjustments in England and Wales influenced by recommendations from the English Law Commission, underscore the need for clarity in governing law determinations. The controversial ‘composite test’ approach in Anupam Mittal v. Westbridge and the traditional English approach in Enka v. Chubb exemplifies the global concerns surrounding these divergent approaches, highlighting the complexities faced by common law courts worldwide. Drawing on these cases, the paper emphasizes the importance of parties expressly choosing the governing law of arbitration agreements to mitigate uncertainties. It underscores the potential positive contributions of model clauses and jurisdiction-specific approaches, such as the Hong Kong International Arbitration Centre (HKIAC) model clause and Hong Kong’s guidance for HKIAC arbitrations. The paper also addresses enforcement challenges, particularly in light of Article V(2)(b) of the New York Convention. It discusses the discretionary invocation of the public policy exception and its impact on enforcement efficacy, emphasizing the need for a holistic approach transcending contractual formalism.

Ochrona danych genetycznych – od koncepcji indywidualnej do grupowej

The article presents a gradual shift from the individual concept of data protection to the application of the group concept in the case of genetic data, which by its nature applies to more than one person. The application of the group concept is based on the norms of EU law, the case law of the European Court of Human Rights, the Court of Justice of the European Union, the Supreme Court of Iceland, as well as soft law documents. The jurisprudence presented in the paper argues that genetic information is relevant both to the donor of genetic material and to his relatives. Thus, the genetic data of person A created from a biological sample taken from him, may also constitute the genetic data of person B. Thus, the status of the data subject established under EU law should be extended to a larger number of persons than suggested by EU data protection legislation. The argumentation presented confirms the formation of indicating the group nature of genetic data. The continuous increase in the amount of genetic information in social and economic circulation will only reinforce this trend, which is aimed at the full realization of the right to personal data protection.

The Ban of Political Parties – An Analysis of the Criteria Developed by the German Federal Constitutional Court and the European Court of Human Rights and their Interconnection

It is possible to ban political parties in many modern democracies. However ideologically extreme they may be, their ban constitutes a violent interference in the political sphere and should therefore only be applied in particularly justified cases. The article analyses the relevant case law of the German Federal Constitutional Court and the European Court of Human Rights. It comes to the conclusion that the jurisprudence of the two courts is closely linked and builds on each other. Moreover, by today’s standards, it is not possible to ban a political party that has an unconstitutional programme, even if it tries to implement it aggressively and violently, as long as it is not in a position to actually implement it, i.e. it does not have the necessary political power.

THE PROCESS OF CONSTITUTIONALIZATION OF INTERNATIONAL HUMAN RIGHTS LAW AT THE REGIONAL LEVEL: THE CHALLENGES OF THE EUROPEAN COURT AND THE INTER-AMERICAN COURT OF HUMAN RIGHTS

This article discusses the process of constitutionalization of international law, based on an examination of the case law of the European Court of Human Rights (ECHR) and the Inter-American Court of Human Rights (IACHR). Through a bibliographical review, the objectives were to present the idea of ​​constitutionalization at the international level, based on an examination of the precedents of regional protection systems; then, the aim was to analyze the consolidation of the use of the constitutional perspective by the ECHR and the IACHR in their judgments. As a hypothesis, it is believed that regional protection systems develop the constitutional approach to international law through their judgments on human rights. Filling gaps in conventional international law, resorting to custom to prove its existence and the possibility of exercising “conventionality control” in cases related to human rights violations are some of the ways in which certain situations are subject to law and its jurisdiction. As a result, it was found that the hypothesis was partially confirmed. By examining the cases, it is clear that each regional system for the protection of human rights has a specific characteristic, within which it must act for the constitutional development of international law. In this regard, it can be inferred from the examination of the cases of the ECtHR and the Inter-American Court of Human Rights that the constitutionalization of international law can be constructed from both bottom-up and top-down perspectives, using the sources of international law – customs, the case law of the regional courts themselves and the general principles of law – to fill the gaps in the international legal system.

Systematic and Contractual Protection of the Commercial Establishment in the Saudi Legal System

Although the Saudi Commercial Court Law does not specifically regulate commercial assets, the Saudi legislator has addressed the protection of such assets through the Competition Protection Law issued by Royal Decree No. 75 of the year 1440 AH. This law aims to protect merchants from any unfair competition that may affect their capital, or in other words, their commercial assets. In commercial jurisprudence, these assets are referred to as the "commercial establishment" or "store," which comprises both tangible and intangible movable assets owned by the merchant as a single unit. Moreover, there exists an alternative method of protecting the commercial establishment beyond the statutory framework, namely, the protection provided through contractual agreements. Merchants may include clauses in their contracts that prohibit competition that harms them, commonly referred to as "prohibited competition." Thus, there are two types of protection for the commercial establishment: the first is protection from unfair competition, regulated by law, and the second is protection from prohibited competition, regulated by contractual clauses.

An Analysis of Representative Speech Acts in Selected Subordinate Courts of Law in Kenya

An Analysis of Representative Speech Acts in Selected Subordinate Courts of Law in Kenya

Shylock in Fuquieo: Shakespeare’s The Merchant of Venice and the Trial of a Portuguese Stranger by China’s Courts in Richard Hakluyt’s Principal Navigations

In 1548, the Portuguese merchant Galeotto Perera was captured along with his shipmates in the waters off China’s southeastern coast. In his account of his time as a prisoner in Fuquieo (in contemporary Fujian province), Perera details his trial before the city’s magistrates in a Chinese court of law, writing of his amazement when he and his fellow Portuguese merchants were acquitted of the charges brought against them by two of the city’s most prominent men. Perera’s prison account reached an Elizabethan readership via Richard Hakluyt’s Principal Navigations (1589), a sprawling compendium of European travel writing translated into English. In this essay, I maintain that the outcome of Shylock’s trial in Shakespeare’s comedy entails a reversal of Perera’s legal fortunes in China. In light of Perera’s assertion that the Chinese legal process “cannot be falsified, as it happeneth sometimes with vs,” I argue that The Merchant of Venice asks why these European failures of justice, mercy, and truth sometimes happen in Europe’s courts and in negotiations with non-Christian peoples. I aim to demonstrate that the comedy’s treatment of economic and religious exchange with strangers is inflected by Perera’s account of his encounters with the Chinese during his time in Fuquieo—as well as by other travel writings collected by Hakluyt that describe legal, financial, and inheritance quandaries that European traders faced during their travels to places like China, Java, and modern-day Myanmar.