General Legal Principles Research Articles

On the Content of the Principle of Balance Public – Private Interests

The article substantiates the interrelation of the non-positivistic legal system based on consideration of the inherent in the law aspiration to justice, with the necessity of highlighting the principle of balance of public and private interests. The results of the main comprehensive scientific research in the fi eld that are based on the consideration of public and private interests balance as a basic legal idea as well as the necessity of its implementation in constitutional and international justice are highlighted. The author concluded that there is constitutional and legal basis for distinguishing the balance of public and private interests as a general legal principle, as well as general approaches to its content in both legal theory and sectoral legal sciences. In order to eliminate the difference in terminology used (balance of interests, ratability, proportionality, balance of constitutional values), it is proposed to use the phrase «balance of public and private interests». In the author’s view, the use of such terminology underlines that the principle under consideration is primarily addressed to the legislator and allows to focus on the objectives for the achievement of which legal regulation is established in certain areas of public relations. Other terms are used mostly in relation to the implementation of this principle in constitutional justice. The dualistic principle to determine the content of the principle of balancing public and private interests is proposed. Firstly, the principle under consideration is about the duty of the legislator and the court to use the necessary and sufficient means to ensure a fair relationship between different interests in establishing legal regulation and resolving disputes. The second approach has instrumental significance and is related to the implementation of this principle within the framework of constitutional proceedings on the basis of proportionality and balance of constitutional values.

Fundamental principles of Roman law and their relation to legal argumentation

Modern philosophy of law defines the principles (foundations) of law as the initial conditions of law, the determinants of its content, on which law relies and which constitute its foundation. At the same time, most European countries use ancient Roman legal formulas in their modern legal systems, which evolved into maxims and became the basis of modern positive law in the form of principles. The establishment of general legal principles, concepts/ constructions is reflected in the legislation, doctrines and case law of most countries. In this article, we focused on the values and concepts formulated in the 1930s by the novelist and legal historian F. Schultz, including the principle of isolation/abstraction, the principle of simplicity and tradition, the principles of freedom and authority, the principle of humanity, the principle of loyalty/ good faith, the principle of security, and some others. These principles continue to be researched by Ukrainian and foreign scholars who supplement this list and study their impact on the legal systems of Ukraine and other countries.
 We emphasize that the principles were not formulated by Roman lawyers, for example, in the preamble to their own works or in a separate law or legal document. Roman law was casuistic, it mainly consisted of decisions made in individual cases. This is related to the peculiarities of legal argumentation in ancient Rome, which had a dual nature. On the one hand, they were determined by the rules of law, and on the other hand, they reflected a system of filling gaps in legal relations by applying the principles of law and the oratory techniques of lawyers of that time.
 Modern legal scholarship has tried to find and argue for the existence of general principles of Roman law development as a basis for making specific decisions, or because Roman lawyers sometimes used certain terms and concepts on which their decisions were based.

The Existence of Antipersonnel Land Mines in Aceh And Impact for Indonesia

Purpose: This study aims to revitalize the memory of many parties regarding the existence of anti-personnel landmines in Aceh which still leaves homework to be completed even though peace is already 19 years old. These deadly objects are still found and threaten people's lives to this day. Indonesia has ratified the 1997 International Antipersonnel Landmine Convention through Law Number 20 of 2006. In fact, Indonesia is bound to implement all the provisions of the convention. Theoretical framework: This study combines a number of general legal principles in international humanitarian law, with reference to the 1997 International Anti-personnel Landmine Convention. Methods: The study method is adopted by combining normative and empirical legal studies, where data collection is carried out in literature and the field, with emphasis on the application of norms in conventions and their implementation in the field as far as can be observed. Results and Conclusions: The results of the study show that the Government of the Republic of Indonesia does not appear to be doing its best to resolve the problems caused by the presence of anti-personnel landmines in Aceh. Research implications: This research is urgently needed as an alternative pattern for resolving the antipersonnel land mine problem that Aceh is experiencing as part of the Republic of Indonesia. Originality/value: The hope is that through this research, the experiences of a number of ASEAN countries will become best practices for the national antipersonnel landmine clearance campaign in Indonesia. ASEAN's involvement is intended to help sustain peace in Aceh in accordance with the Helsinki Memorandum of Understanding on August 15 2005 and Law of the Republic of Indonesia Number 11 of 2006 concerning the Government of Aceh.

PROVING ANTITRUST DAMAGES IN CIVIL PROCEEDINGS – The Compatibility of Serbian Law with Directive 2014/104 –

Private competition law enforcement has been a recent phenomenon in the European Union. In the past, the EU law and member states’ national laws lacked elements that contributed to the preponderance of private enforcement in the United States, such as treble and punitive damages, the procedural right of a damaged party to request discovery of evidence, collective actions, etc. The interest in private enforcement of competition law has gradually increased after Regulation 1/2003 authorised national courts to implement Articles 101 and 102 TFEU, the EU courts established private enforcement principles, and Directive 2014/104 (Antitrust Damages Directive - ADD) laid down rules to facilitate proving competition law violations and damage resulting from them. The US model evidently inspired the EU legislator. At the same time, ADD attempted to balance the private interests of injured parties and the public interest for effective public enforcement. Specific ADD provisions instigated a public debate concerning their reach and alleged confrontation with general legal principles. Even though member states have taken comprehensive measures to implement ADD, national courts need to search for an equilibrium between private and public interests. Therefore, the full effect of Directive 2014/104 is yet to be seen. Private enforcement of competition law in Serbia is still in its initiation phase. The Serbian Competition Protection Act 2009 proclaimed the right of damaged persons to bring actions for damages, even though this right has already existed under the general rules of civil law. The Competition Protection Act failed to stipulate material conditions and procedural rules that would facilitate private enforcement. The Serbian legislator has not yet taken steps to transpose ADD into national law. This paper first analyses the development and principal features of the US and EU private enforcement models. After that it focuses on the ADD provisions expediting evidence collection and damage assessment. The second part of the paper analyses Serbian tort and civil procedure rules relevant to bringing actions for antitrust damages and case law on antitrust damages. The author concludes with proposals for Serbian legislators to harmonise national law with ADD.

Additional Sanction as an Effort to Restore the Environment Due to Land Fires

Environmental damage in Indonesia has directly impacted human life, one of which is forest/land fires. Burning forests and land can be considered a form of crime because the action has an impact that can harm the interests of many people. Perpetrators of forest and land fire crimes can be subject to two types of sanctions, namely the main criminal sanctions and additional sanctions. This study aimed to discuss how to apply additional punishment in environmental crimes due to land fires. The study’s approach used to conduct this study is of normative law studies. This method focuses on analyzing positive and general legal principles. The application of additional criminal sanctions in Law Number 32 of 2009 is an additional penalty to cover the deficiencies of the principal criminal. Where the maximum fine sanction has a special maximum provision that is less than how much money lost or incurred because of additional criminal acts. The Act for Environmental Management and Protection verbally expressively accommodates the concept of a double-track system, namely the imposition of criminals and additional criminal sanctions simultaneously on perpetrators of environmental crimes. If additional criminal sanctions, in the form of recovery, cannot be carried out by corporations, then additional criminal sanctions that are equivalent and repressive in the form of confiscating assets or closing all or part of business activities can be used as suspension of sanctions.
 Keywords: additional penal, environment recovery, fire

Общеправовые принципы в современном российском праве: понятие и особенности

The article examines the main theoretical approaches of legal scholars related to the essence and understanding of general legal principles, and analyzes the distinctive aspects of general legal principles compared to others. The relevance of the article is due to its contentious nature regarding the content and essence of general legal principles among different authors. The novelty of the article lies in the analysis of contemporary general legal principles, and the identification of the relationship between legal principles and doctrinal principles. The aim is to define general legal principles, explore the place and role of general legal obligations in the system of legal principles, and determine their characteristics within the system of legal principles.

ФОРМИРОВАНИЕ УЧЕТНОЙ ПОЛИТИКИ ПРЕДПРИЯТИЯ

The article discusses the issues of forming an enterprise’s accounting policy, based on general legal and scientific-methodological principles, specified performance criteria and specific prerequisites for application. Current problems affecting accounting policies and regulation of access to information at domestic enterprises are presented. The established economic features of the enterprise’s accounting policy are identified for calculating trend analysis, development strategy, setting standards and examination and monitoring. An analysis was carried out and the feasibility and regularity of the enterprise’s accounting policy was investigated. The risks associated with the deterioration of the enterprise’s investment climate, competitiveness and sensitivity to global market trends have been identified. When determining accounting policies due to the impact of established accounting approaches on financial activity and material condition, it is advisable to take into account its aspects in all economic interactions, regardless of the form of business. Theoretical and practical approaches to the development of accounting policies for domestic enterprises are outlined.

Unjustified enrichment and restitution in social security legal relations

The article is devoted to the consideration of the grounds and prospects for the use of the mechanism of restitution in the law of social security. The authors argue that the industry has developed a need for a legal structure regulating cases of unjustified or excessive provision of social security to citizens. This thesis is illustrated by an analysis of current regulatory legal acts and emerging judicial practice. In resolving disputes of the category considered in the article, the courts took the path of borrowing a private law mechanism of restitution, which is generally supported by the authors. At the same time, the article focuses on the need to comply with the rules developed by science for borrowing private law structures by social security law, including ensuring the sectoral adaptation of the implemented legal instrument. In this regard, the authors draw attention to the position of the Constitutional Court of the Russian Federation, formulated in Resolution of 14.01.2016 no. 1-P. In the work, this position of the Constitutional Court of the Russian Federation is regarded as focusing on a specific industry adaptation of the borrowed legal structure of restitution for the purposes of social security law. The authors emphasize that when the parties to the social security legal relationship return to the state preceding the violation of the law, it is necessary to formalize the distribution of the burden of adverse consequences of the error of the authorized body on the basis of the general legal principle of justice, excluding a formal approach to resolving the legal situation. This involves taking into account the specifics of the life situation in which the citizen is, the duration of the period during which he received the social payment assigned by mistake, as well as other significant circumstances.

Principles of public service provision: system and content.

The principles on which the public sphere is based are of great importance in terms of the legitimacy and effectiveness of government. The article examines the principles underlying public activities in the provision of state and municipal services to citizens and organizations. The purpose of the study is to define a public service, characterize the principles established by law for the provision of public services and analyze their content. The principles of providing public services are an important independent part of government activity and are directly related to the observance of the rights of citizens in relations with the state. The implementation of the principles affects the quality of relations between the state and the individual and, ultimately, trust in government. When highlighting the general and special principles of the type of activity under consideration, the article presents their relationship, interdependence and influence. The article achieved the following results: the concept of public service was formulated; the difference between a public function and a public service is defined; the content of the principles for the provision of public services established by law analyzed; principles have been proposed that can be supplemented with legislation in order to improve the provision of public services; The interaction of the principles of providing public services with the general legal principles of public activity and with each other has been identified. The article establishes measures that promote the efficiency of the provision of public services and respect for the rights of citizens: standardization and regulation of services, the introduction of multifunctional centers operating on the “one-stop” principle, and the use of electronic forms of service provision.

Концепт справедливости в современной российской правовой системе

The idea of a continuous dialogue between the legislator and its addressees about ‘equity law’ with an emphasis on the moral & legal value of justice as substantive equality (equality in the proper) is suggested as the basis for the concept of justice in Russia today. The fundamental values of law, such as justice, freedom (equality in freedom), human dignity, as they are reflected in the principles of law, thereby acquire a regulatory practical focus, obliging both lawmakers and law enforcers to follow these principles. Justice itself can claim to be a general legal principle. In addition, the article describes the idea of legal justice as the obligation to follow the principles of law. According to this approach, all principles of law are derived from the principle of mutual recognition, including the principle of justice. The principle of mutual legal recognition is the basis for understanding the measure and limits of human responsibility and legal duties, reflecting the principle of solidarity. To assess the applied significance of theoretical studies of justice, the authors turned to the analysis of the acts of the Constitutional Court of the Russian Federation, which through its legal views partially compensates for the lack of a legal constitutional definition of justice. The apparent variability and ambiguity in the language used by the Constitutional Court should not conceal the unified legal nature of the principle of justice. The study of the concept of justice has proven to be particularly relevant in the field of sports: the sport regulators, explicitly or implicitly, are increasingly ignoring the fundamental principles of law. Appeals to justice in sports law illustrates its fragmentation, reduction to equality, and limitation to the purpose of providing procedural guarantees in dispute resolution. Analysis of the current situation in the field of sports suggests that justice should be considered in a comprehensive way: as a material and fundamental basis of normative and legal regulation and law enforcement.

Translation and certification of documents in due process, with particular reference to questioned and electronic documents

Aim: The study aims to provide guidance on how to avoid that forged evidence sneaks in Hungarian-language proceedings with foreign-language documents, even in the absence of relevant and detailed legislative provisions.Methodology: The fundamental problem is to consider which is serving better the certainty of judgment: translating a document of concern for the purpose of evidence in court, while indicating the fact that it is of concern, or refusing a request for a certified translation. The author has analysed the following sources: general principles and ethical guidelines for translators; rules of procedural law and legal literature on documentary evidence; case-law of the Curia of Hungary on the issue of certainty of judgment; instruments in force governing the activities of the Hungarian Office for Translation and Attestation Ltd. (OFFI or State Translation Agency) as well as previously repealed instruments on documents of concern; OFFI’s internal rules and regulations in force on handling documents of concern and translation certification.Findings: By virtue of the general legal principle of law, certified translations enjoy public confidence. As regards the certification of documents of concern, legislation on technical (aka specialised) translation and certified translation is incomplete. Only certified translations on paper or electronic documents with an unquestionable authenticity in the translation process, can be used for documentary evidence. Inappropriate use of terminology, ambiguous wording not specific to the source language, or translation of documents that are of concern for any other reason may lead to an unlawful or incorrect linguistic transmission of the content. As a language intermediary certification body, OFFI is responsible for the certification of document translations and its internal rules provide guidance on how to handle doubtful situations in a transparent manner.Value: Nowadays, social mobility goes hand in hand with an increase in the cross-border circulation of documents. At the same time, the increasing number of documents awaiting translation and appearing to be of concern may require to re-design the legislation applicable to those documents. In the appendix of the paper, the author departing from the OFFI’s existing system of concepts, provides a definition to a possible regulatory solution, while leaving it to the legislator to decide whether a document of concern should be translated, and then its certified translation should bear the translator’s remark on the concern about its content, or its certified translation should be refused anyway.

Принцип самостоятельной ответственности юридического лица при несостоятельности (банкротстве): общие правила и исключения

Introduction. The paper discusses the controversial issues of implementing the principle of independent civil liability for a legal entity, which contributes to maintaining the stability of civil turnover and protecting the rights of creditors in the bankruptcy case of a legal entity. The main positions of the researchers in the context of the problem under consideration, as well as the provisions of the key normative legal acts, are investigated. Special attention is paid to the problem of the absolutization of the principle of independent civil liability of a legal entity in a bankruptcy case. The concept of “piercing corporate veil” in the context of the principles of insolvency (bankruptcy) of legal entities in connection with the problems of holding entities is analyzed. Methods. The study used such general scientific methods of scientific cognition as analysis, synthesis, induction, deduction, etc., as well as specific scientific legal methods, namely, formal legal, the method of legal interpretation, etc. Results. Based on the analysis of the legislation, doctrinal sources, and law enforcement practice, the point of view on the refutable nature of the presumption of attribution of persons specified in the law to persons controlling the debtor is substantiated. The exceptions to the general rules applied in practice in the implementation of the principle of independent liability of a legal entity in insolvency (bankruptcy) are revealed. The specifics of the implementation of special principles in the bankruptcy case of a legal entity are substantiated. Conclusions. Based on the results of the study, the role of both general legal principles and special principles of insolvency (bankruptcy) is determined when law enforcement agencies identify the relationship between legal entities, including at the pre-bankruptcy stage and during the implementation of other bankruptcy procedures.

The rule of law in the UK: essence and approaches to determination

The research is focused on the essence of the rule of law as a constitutional and legal principle as the basis of the UK constitution and approaches to its determination. The rule of law, being a general legal principle, which has been developed in various legal concepts, including the British rule of law, the German rechtsstaat, the French etat de droit, at the present stage has become one of the fundamental constitutional and legal characteristics, both at the national and supranational level. National concepts of the rule of law, having certain differences and peculiarities, are essentially aimed at achieving similar goals. However, their substantive content is formed on the basis of existing features of specific national legal orders. One of the earliest and most developed in terms of constitutional and legal theory and practice is the UK approach to the rule of law. However, the question of its determining remains relevant at the present stage. The object is the concept of the rule of law developed in the UK, the subject is its specific features and manifestations, as well as approaches to its determination in British legal doctrine and practice. The purpose is to explore the issue of determination of the rule of law in the UK and to form a comprehensive approach to understanding its essence. The methodological basis of the research is constituted by 1) dialectical method, 2) general scientific methods including analysis, synthesis, comparison, analogy, deduction and induction, 3) special methods including logical, formal-legal, comparative-legal, and statistical methods. Based on the analysis the author makes an attempt to define the essence of the rule of law as an integral part of the UK constitution and its key features.

The presence of custom as a legal source from “country law” to modern civil law

Custom has been one of the most important formal sources of law in the legal history of many societies. It refers to the rules of conduct and practices that have been developed and followed by a community over time, without being codified in written laws. However, the importance of custom in legal systems has changed over time, and it no longer occupies the same central place in many jurisdictions today. The customs and traditions of a society play a significant role in determining the norms and rules that are adopted as part of positive law. The study of custom can help shape not only specific legal norms but also the general legal concepts and principles that guide a community. Each society has its own traditions and customs that influence the form and content of its positive law. The study of custom can therefore help to identify the distinctive features of a national or cultural legal system. Understanding and analysing a community's customs, customs and traditions are crucial to revealing the roots and values of its legal system, thus contributing to a better understanding of positive law and its national specificity.

대지사용권의 분유(分有)와 부당이득의 관계

According to the Supreme Court's unanimous decision on August 25, 2022(2017 DA 257067), the general legal principles regarding shared property in civil law cannot be directly applied to the “shared relationship” of collective building land. Therefore, co-owners of divided land, who hold a reasonable share corresponding to the ratio of exclusive parts in the collective building, have a legal authority to use and profit from the entire land according to its intended purpose. As a result, a land co-owner who is not a divided land owner cannot claim unjust enrichment against a divided land owner with a reasonable share based on the land co-owner's share rights. The conclusion of this unanimous decision by the Supreme Court emphasizes the obligation of unjust enrichment for divided landowners based on two factors: (1) the emphasis on the substantive use relationship of land use rights and (2) the economic viability of this conclusion. This perspective appears reasonable.
 The Supreme Court’s viewpoint, as presented in the unanimous decision, assumes the “shared relationship,” which is the typical ownership structure of land use rights in collective buildings. However, it is necessary to examine whether there is a change in legal relationships in cases where non-co-owners divide and separately (or jointly) own rights such as ownership of part of the land, apart from the shared relationship.
 The focus of this paper, the Supreme Court’s decision on November 28, 2019(2017 DA 294608), addresses issues related to unjust enrichment concerning land use rights when a single collective building is situated on multiple separate lots. While acknowledging the legal and economic validity of the unanimous decision, this paper critically analyzes the decision on the obligation of unjust enrichment. It suggests the need for legislative measures to clarify and advance future judgements or legal relationships regarding unjust enrichment in land-use relationships.

К вопросу о выделении принципа доверия в праве

The principles of law, as one of the fundamental legal categories, have been considered for many years by various legal scholars in a number of ways: new ones are identified, various classifications of principles are given, and existing ones are studied in more detail. The article considers the issue of attributing trust to a princi-ple of law, analyzes the classification of principles of law in general and the possibility of attributing trust to general legal, sectoral or intersectoral principles. When studying the question of the place of the principle of trust in the system of principles, the concepts of general legal, sectoral and intersectoral principles are given, and various branches of law are analyzed in terms of the presence of legal trust in them. The issue of depend-ence on the political regime in the state of the existence of the legal principle of trust is raised, a conclusion is drawn about the significance of the category under study as a principle of law for the state.

Foreign experience, and domestic practice of legal regulation of special principles of administrative procedure

The article is devoted to the analysis of special principles of administrative procedure. The author has studied the administrative procedure legislation of Germany, Kyrgyzstan, Azerbaijan, Croatia, Switzerland, Lithuania, and Austria. The authors compare the legislative provisions on special principles of administrative procedure of these countries with the legislation of Ukraine with the Law of Ukraine «On Administrative Procedure» which is coming into force.
 It is noted that administrative procedure is not homogeneous and standard, but rather has many features and variations depending on: (a) a specific area of public administration, (b) goals, objectives, and functions of executive authorities, and (c) national traditions and international standards. Therefore, it is necessary to conduct a comparative legal analysis of the special principles of administrative procedure that determine the specifics of their legal regulation in different national legal systems.
 The authors identify a system of four «layers» of principles applicable to administrative procedure. Among them, the author distinguishes the following: (1) general legal principles; (2) principles of administrative law; (3) principles of administrative process as a procedure for exercising power by public administration bodies in the appropriate procedural form based on the world and European principles of good governance and administration; (4) principles of administrative procedure.
 The main attention is paid to the special principles of administrative procedure which relate to the administrative procedure itself. Among them, it is proposed to distinguish two groups: (a) organisational and (b) functional axiological. The author substantiates that the organisational principles include the principle of economy, investigative principle, the principle of the State language, impartiality, publicity, and coordination. As functional axiological principles, the author identifies the following: the principle of prohibition of abuse of law and prohibition of over­formalism, the principle of uniform application of law, presumption of reliability, the principle of interpretation of law in favour of interested non-governmental persons, and the principle of meaningful absorption. Each of the principles is given a significance and its place in the legislation of Ukraine and other countries.
 The authors concludes that further syste­matisation and consolidation of these principles, in turn, is an additional argument in favour of the Law of Ukraine «On Administrative Procedure» which is currently coming into force and its possible further modifications.

The principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings

The article examines the theoretical and legal foundations of the principle of legal certainty as a requirement for the stability of legal relations in administrative proceedings. The relevance is because the studied principle reflects and concretizes one of the main and specific ideas of law, which distinguishes it from other social regulators, the idea of certainty. The subject of the study is the principle of legal certainty of law, its aspects, functions, and place in the system of principles of administrative proceedings in relation to the mechanism of legal regulation. The methodological basis made up of general scientific and special legal methods of cognition. With the help of a systemic approach, the system of general legal principles is considered and the place occupied by the principle of legal certainty is determined. It is noted that the principle of legal certainty expresses the basic idea and requirement of the certainty of legal regulation, which is achieved due to clarity, precision, unambiguity and non-contradiction of legal norms and individual-authority precepts, clarity of the order of operation of a normative-legal act, stability of legal relations, stability of legal relations, law. It indicated that legal certainty is the result of legal regulation, which characterized by compliance with the set of requirements of the principle. The adjective «legal» emphasizes the signs (quality, property) of certainty, highlighting the state of the legal sphere of society as a characteristic. In the field of action, the principle of legal certainty is generally legal. The general nature determined by the set of requirements relating to all branches of law, including administrative proceedings. The main requirement is the determination of the rule of law as an initial element of the mechanism of legal regulation, since its clear functioning in the future depends on its consistent content. Clarity presupposes an adequate perception of the meaning of the legal norm by the subjects of the law. Accuracy means compliance of the wording of the law with established legal concepts, terms, and constructions. Non-contradiction implies its consistency with the system of current legal regulation. Pedal perspectives of the study touch upon the issues of the influence of the principle on the effectiveness of legal regulation.

Principle of Choice of Customs Procedure in EU Customs Traffic

The research topic of the article focuses on the analysis of the principle of choosing a customs procedure in EU customs trade, which is of a normative nature. It is also the basic method of dealing with goods. In addition to the general legal principles constituting this principle, the article discusses the principle of freedom of trade in goods abroad; the principle of equal treatment of entities; the principle of equal treatment of goods; the principle of universality of customs duties and customs fees; the principle of universal access to information on customs law; the principle of non-revokability of the customs declaration. The conditions for export and import customs procedures were also discussed.

Investigating the targeted use of (dis)agreement in leave to appeal decisions of the HKSAR appellate courts: a corpus-assisted discourse analysis

Abstract This study explores the use of targeted (dis)agreement by judges in leave to appeal decisions of the HKSAR appellate courts. This is achieved by applying proclaim (i.e., pronounce, concur, and endorse) and disclaim (i.e., deny and counter) of Appraisal theory and a typology of discourse targets (i.e., General, Responsive, and Specific). The study identifies significant frequency differences in the use of targeted (dis)agreement between a corpus of grant and a corpus of dismissal decisions. Amongst other things, the findings show that, in grant decisions, judges used a greater amount of General proclaim (i.e., pronounce) to convey how applications satisfied the relevant legal requirements. Contrastively, in dismissal decisions, judges used a greater amount of General/Responsive proclaim (i.e., endorse and concur) to express agreement with the lower courts, case law, and general principles of law (which essentially functioned as rebuttals to the arguments submitted by applicants). General concur was also used to highlight general legal principles so as to classify current cases negatively. The present study also examines the impact of targeted (dis)agreement on outcomes (i.e., grant or dismiss). The findings demonstrate that General/Responsive proclaim and General/Responsive disclaim acted as independent predictors with either a positive or negative influence on the outcomes. The implications of these findings are discussed in the final section of the study.