Legal Experts Research Articles

Textual similarity for legal precedents discovery: Assessing the performance of machine learning techniques in an administrative court

The importance of legal precedents in ensuring consistent jurisprudence is undisputed. Particularly in jurisdictions following the Common law, but even in Civil law systems, uniformity in case law requires adherence to precedents. However, with the growing volume of cases, manual identification becomes a bottleneck, prompting the need for automation. Leveraging the capabilities of natural language processing (NLP) and machine learning (ML), our study delves into the potential of automation in identifying similar cases indicative of precedents. Drawing from a unique, substantial dataset of legal cases from an administrative court in Brazil, we extensively evaluated over one hundred combinations of document representations and text vectorizations. Contrary to earlier studies that relied on minimal validation samples, ours employed a statistically significant sample vetted by legal experts. Our findings reveal that models focusing on granular text representations perform optimally, especially when extracting concepts and relations. Notably, while intricate models may not always guarantee superior outcomes, the importance of refining textual features cannot be understated. These findings pave the way for creating efficient decision support systems in judicial contexts and set a direction for future research aiming to integrate technology in legal decision-making.

Modern Illegal Drug Business in Ukraine: Multidisciplinary Study of the System of Prevention and Countermeasures Against the Legalization of Income (Money Laundering) Obtained by Criminal Means

Established that the modern illegal drug trade is an integral part of transnational organized crime, involving the laundering of proceeds obtained through criminal activities. A comprehensive multidisciplinary study was conducted to evaluate the effectiveness of Ukraine's efforts to combat the contemporary drug trade and to analyze the international system for preventing and countering the legalization of illicit income (money laundering). This study confirmed the connection between transnational organized crime and the laundering of money derived from the illegal trafficking of banned psychoactive substances. The research emphasized the critical need to enhance the criminal and legal frameworks, improve medical and pharmaceutical support, and expand social and economic assistance. By examining the global experience in combating organized crime and drug-related offenses, the study provided valuable insights into effective strategies. Particular attention was given to forensic pharmaceutical practices related to the detection of prohibited psychoactive substances and the legalization of income from their illicit trade. To address these challenges, the study recommends increasing the criminal liability for members of organized drug trafficking gangs and suggests specific amendments to articles 115, 305, and 307 of the Ukrainian Criminal Code. Furthermore, a detailed analysis of the European Union’s roadmap and international cooperation efforts in combating the illegal circulation of prohibited psychoactive substances and the laundering of illegal profits was conducted. Normative initiatives aimed at amending Article 209 of the Ukrainian Criminal Code were developed and proposed. The study indicated the importance of implementing the EU Roadmap measures in Ukraine to foster cooperation among various private and public institutions. This collaborative approach aims to coordinate joint actions, conduct research, and organize conferences and training sessions based on the EMCDDA European prevention program and UN initiatives. The study underscores the relevance, timeliness, and practical significance of engaging the international community, including scientists, medical professionals, pharmacists, students, the public, legal experts, law enforcement, and government authorities. Through this multidisciplinary approach, the study seeks to promote a more effective and coordinated response to the challenges posed by the modern drug trade and its associated criminal activities.

Japanese tort-case dataset for rationale-supported legal judgment prediction

AbstractThis paper presents the first dataset for Japanese Legal Judgment Prediction (LJP), the Japanese Tort-case Dataset (JTD), which features two tasks: tort prediction and its rationale extraction. The rationale extraction task identifies the court’s accepting arguments from alleged arguments by plaintiffs and defendants, which is a novel task in the field. JTD is constructed based on annotated 3477 Japanese Civil Code judgments by 41 legal experts, resulting in 7978 instances with 59,697 of their alleged arguments from the involved parties. Our baseline experiments show the feasibility of the proposed two tasks, and our error analysis by legal experts identifies sources of errors and suggests future directions of the LJP research.

Diverging medical and legal perceptions of the need for legal guardianship in people with dementia: A qualitative study.

Dementia is assumed to alter mental capacity, which may necessitate legal guardianship. However, only limited research exists on how dementia affects mental capacity, and most studies have focused solely on a medical perspective and concentrate on memory functions. The aim of this qualitative study was to investigate physicians' and legal experts' perceptions on a broad range of cognitive and neuropsychiatric domains potentially affecting mental capacity and the need for guardianship in people with dementia. Physicians (N = 30) and legal experts (N = 20) participated in semi-structured individual interviews. The data were analyzed by using content analysis and further semi-quantified according to the cognitive and neuropsychiatric domains. Physicians considered neuropsychiatric symptoms and executive dysfunction to be the most important deficits in the legal context, while legal experts highlighted episodic memory impairment and dyscalculia. Perceptions regarding the importance of several cognitive and neuropsychiatric symptoms varied between and within the professional groups. Physicians and legal experts diverged in their perceptions of cognitive and neuropsychiatric domains affecting mental capacity and the need for guardianship. The evaluation and influence of medical evidence among legal experts heavily rely on subjective opinions. Given the substantial potential impact on patients' equal access to their rights, developing standardized guidelines is essential.

Juridical Consequences of Anticipatory Breach as a Form of Breach of a Contract

Default is a condition in which one of the parties does not carry out or fulfill obligations to the other party as specified in an agreement. In addition, there are several forms of default: not doing something at all, doing something but it is too late, doing something only partially, and doing something prohibited. The concept, the forms, and the consequences of default are often encountered in various literature and legal experts' opinions, unlike the concept of Anticipatory Breach, which is a form of breach of contract/default that exists universally in contract law. In Indonesia, no positive legal provisions accommodate the Anticipatory Breach concept in the form of default. Its nonexistence becomes interesting from the point of view of contract law, where sometimes the parties to the agreement directly or indirectly commit a form of anticipatory breach in implementing the agreement. So that this will raise a question how the impact of an anticipatory breach on the sustainability and implementation of the agreement that the parties have made.

Regulation and organization of the lawyer profession in Romania in accordance with the provisions of Law no. 51/1995

The legal system in Romania is based on the principle of the rule of law, which ensures equality before the law and the protection of individual rights. Within this system, the lawyer plays an essential role in providing legal services and guaranteeing a fair and just trial for all citizens, representing and defending the rights of his clients before the courts and in other legal proceedings. Through their legal expertise and commitment to justice, lawyers are fundamental pillars of the legal system and help maintain its balance and integrity.

Legal Protection in the Implementation of Personal Guarantees in Indonesia

The research aims to discuss the problem of how legal policies relate to the implementation of personal guarantees in providing bank credit in Indonesia? And what is the legal protection for customers and banks in cases of using personal guarantees in providing bank credit? The research method used is normative juridical. The research results concluded that Legal policies related to the implementation of personal guarantees in Indonesia are based on applicable laws and regulations as regulated in Article 1820, Article 1831 and 1837 of the Civil Code of the Civil Code, specifically based on the internal regulations of each bank, as recipients of personal guarantees. Legal protection in implementing personal guarantees in Indonesia is very important to prevent abuse and ensure justice for both parties. However, to ensure optimal protection, it is important for both parties to fully understand their rights and obligations and to consult with legal experts if necessary before entering into or signing a personal guarantee agreement.

Legal Frameworks for the Assessment of Agricultural Lands

This study examines the legal frameworks governing the assessment of agricultural lands, focusing on the challenges and implications of existing regulations and suggesting improvements for more effective land management. Assessing agricultural land is crucial for determining its value, taxation, and eligibility for government subsidies, which directly impacts agricultural productivity and sustainability.The research methodology involves a comparative analysis of legislation in different jurisdictions, highlighting best practices and identifying gaps in current legal frameworks. Through this analysis, the study addresses how legal provisions align with the practical needs of agricultural development and land conservation, as well as discussing the impact of these laws on farmers, landowners, and the broader economic landscape.Key findings reveal that many existing laws are outdated and do not adequately accommodate modern agricultural practices or the challenges posed by climate change. The study also identifies a lack of consistency in the application of these laws, leading to disparities in land assessment and management across regions.Recommendations include integrating advanced geographic information systems (GIS) for more precise land valuation, adopting environmentally sustainable practices in legal criteria, and enhancing legal clarity to reduce administrative burdens on landowners.This research is intended for policymakers, legal experts, and stakeholders in the agricultural sector. It provides a comprehensive overview of the legal issues surrounding agricultural land assessment and proposes actionable solutions to enhance the effectiveness of these legal frameworks. By reforming agricultural land assessment laws, countries can better support their agricultural sectors, promoting economic stability and sustainable development.

Ethical and Legal Support for Technological Development in the Healthcare System

The article analyses the experience of a number of foreign countries (France, South Korea, China, Germany and Italy) in terms of developing special legislation in the field of ethical examination and creating specialised bodies to exercise relevant powers. Based on the analysis, the necessity of creating a National Council on Bioethics under the President of the Russian Federation in Russia in order to conduct an independent ethical assessment of new technologies in the field of healthcare is advocated. The author identifies the goal of strengthening the legal personality of medical workers in terms of an initial assessment of technological solutions built into practice. The work highlights the need to develop a procedural basis for conducting technological assessment by the medical community based on clearly established principles of legal and ethical expertise. It is emphasised that all technological solutions presented within the framework of strategic development should be aimed at health-saving ends. At the same time, it is advisable to consolidate the normatively established concept of health-saving technologies in order to carry out an examination of the quality of the implemented technological solutions.

Особенности применения принципа добросовестности в российском гражданском праве

This article is devoted to the consideration of the meaning and role of the good faith principle in Russian civil law. The good faith principle is one of the well-known and widely used principles in civil law of Russia. In the text, the positions of scientists and law enforcement practice using the good faith principle are considered, the approaches developed by domestic and foreign legal doctrine in relation to it are analyzed, the legal essence of the good faith principle is examined, and a theoretical and practical analysis of this legal concept is carried out. A small comparative legal analysis on this issue is also carried out. The author's contribution to legal research on the good faith principle in law is the systematization of the theoretical positions of legal experts on this topic, and in the course of it, the positions of scientists from different countries are explored. This study uses such scientific methods as analysis and synthesis, formal legal and comparative legal method. Based on the results of the study, conclusions are drawn regarding the essence and purpose of good faith as a civil law principle, a legal concept and the corresponding evaluation category. Also, a number of recommendations for law enforcement are given.

La inteligencia artificial y la aplicabilidad en la administración de justicia: avances, desafíos y puntos de vista

The integration of AI in the legal field has generated an impact on the administration of justice, its influence on society and its potential to improve efficiency and access to justice. This study evaluates the feasibility and convenience of implementing AI systems in the administration of justice through a doctrinal and legal analysis, considering the potential of AI to optimize judicial processes and its implications in terms of legal certainty and procedural economy. The intersection of AI with law is examined, adopting notions of coding, algorithms and the adoption of Legal Expert Systems. The objective is to present an alternative to address saturation in the justice system, respecting the principles of legality and procedural economy. A qualitative bibliographic methodology is used to analyze the perspective of AI as a tool to reduce times and costs associated with judicial processes, concluding that its balanced and ethically responsible implementation could bring significant benefits, which requires a weighing of regulatory and ethical aspects to guarantee the respect for constitutional guarantees and avoid consequences, thus highlighting the growing relevance of AI in the legal field and its influence on the administration of justice.

Mind matters: navigating mental health in the workplace

PurposeWith mental health issues among the workforce becoming increasingly common, it is imperative that employers and their HR teams are alive to mental health issues and are well equipped to deal with them. This paper sets out to explain these points.Design/methodology/approachThis paper provides insight for employers into how to deal with mental health issues in the workplace by breaking the topic down into the following sections: mental health-related claims, reasonable adjustments and preventative measures.FindingsEmployees dealing with poor mental health are often less motivated and productive and in more serious cases are more inclined to take periods of long-term sick leave to recover. However, aside from the potentially costly long-term absences and decreased productivity, HR professionals should also take mental health issues seriously because to do otherwise puts the business at risk of discrimination claims from employees suffering with severe and long-term mental health issues. This is why it is important for businesses to treat the mental health of its staff with equal importance to their physical health.Originality/valueThis paper is valuable to HR professionals looking to understand better how they can support their staff in mental health-related issues. The article effectively cuts through the complex legislation to provide clear, practical advice from legal experts.

A comparative ethical analysis of the Egyptian clinical research law

BackgroundIn this study, we examined the ethical implications of Egypt’s new clinical trial law, employing the ethical framework proposed by Emanuel et al. and comparing it to various national and supranational laws. This analysis is crucial as Egypt, considered a high-growth pharmaceutical market, has become an attractive location for clinical trials, offering insights into the ethical implementation of bioethical regulations in a large population country with a robust healthcare infrastructure and predominantly treatment-naïve patients.MethodsWe conducted a comparative analysis of Egyptian law with regulations from Sweden and France, including the EU Clinical Trials Regulation, considering ethical human subject research criteria, and used a directed approach to qualitative content analysis to examine the laws and regulations. This study involved extensive peer scrutiny, frequent debriefing sessions, and collaboration with legal experts with relevant international legal expertise to ensure rigorous analysis and interpretation of the laws.ResultsOn the rating of the seven different principles (social and scientific values, scientific validity, fair selection of participants, risk-benefit ratio, independent review, informed consent and respect for participants) Egypt, France, and EU regulations had comparable scores. Specific principles (Social Value, Scientific Value, and Fair selection of participants) were challenging to directly identify due to certain regulations embodying 'implicit' principles more than explicitly stated ones.ConclusionThe analysis underscores Egypt's alignment with internationally recognized ethical principles, as outlined by Emanuel et al., through its comparison with French, Swedish, and EU regulations, emphasizing the critical need for Egypt to continuously refine its ethical regulations to safeguard participant protection and research integrity. Key issues identified include the necessity to clarify and standardize the concept of social value in research, alongside concerns regarding the expertise and impartiality of ethical review boards, pointing towards a broader agenda for enhancing research ethics in Egypt and beyond.

Comparative technical analysis of legal and ethical frameworks in AI-enhanced procurement processes

This study presents a Comparative Technical Analysis of Legal and Ethical Frameworks in AI-Enhanced Procurement Processes. The research aims to evaluate the existing legal and ethical frameworks governing the use of artificial intelligence (AI) in procurement and to identify best practices for ensuring transparency, accountability, and ethical decision-making in AI-driven procurement processes. The study adopts a mixed-methods approach, combining quantitative surveys and qualitative interviews with procurement professionals and legal experts. The research design allows for a comprehensive analysis of the legal and ethical challenges associated with AI deployment in procurement and provides insights into practical strategies for addressing these challenges. Findings from the study indicate a growing recognition of the need for clear guidelines and regulations to govern the use of AI in procurement. While respondents acknowledge the potential benefits of AI, such as improved efficiency and cost savings, they also express concerns about algorithmic bias, data privacy, and the lack of transparency in AI-driven decision-making processes. Based on these findings, the study recommends several strategies for enhancing the legal and ethical frameworks in AI-enhanced procurement processes. These include developing clear guidelines for AI deployment, providing training and support for procurement professionals, and establishing mechanisms for monitoring and evaluating AI systems. Overall, the study highlights the importance of integrating legal and ethical considerations into AI deployment in procurement to ensure transparency, accountability, and ethical decision-making. The findings contribute to the growing body of literature on AI governance and provide practical insights for policymakers, procurement professionals, and other stakeholders involved in AI-driven procurement processes.

Correction: Legal concepts and legal expertise

Correction: Legal concepts and legal expertise

Kontekstualisasi Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 Dalam Perspektif Islam

Constitutional amendments in Muslim-majority countries, including Indonesia, often face political challenges, constitutional conflicts, and harmonisation between sharia principles and democratic values and civil liberties. This process reflects the complex socio-political dynamics of achieving a balance between tradition and modernity. This research aims to understand these challenges from an Islamic perspective, identify factors that influenced the amendment process, and explore the integration of Islamic principles with democratic values within a reformist constitutional framework. Using a qualitative approach and analysing relevant documents and literature studies, as well as conducting interviews with legal, political and religious experts, this research highlights the political tensions and conflicts related to human rights, governance structures, minority rights and religion. Despite challenges, there are opportunities to mediate sharia principles with democracy through constructive dialogue and compromise. The research also offers strategies to support constitutional reforms that take into account public welfare and democratic principles. Keywords:Constitution, Contextualization, Islam.

Rungkad Hakekat Penuntutan dalam penjelasan Pasal 132 Undang-Undang nomor 1 tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (KUHP BARU) dan Kegalauan Penyidik/ Penyidik Pembantu Polri

This is different from the term Wetboek van Strafprocesrecht, which in Indonesian means "Criminal Procedure Code". According to legal expert from Hasanuddin University Makassar; Hamzah (1985:13) the Dutch Minister of Justice emphasized that the term "Strafvordering" covers all criminal prosecution procedures. Therefore, it can be concluded that the Criminal Procedure Code in Indonesia is not a descendant of Dutch blue blood/a colonial product, while also confirming that the current Criminal Procedure Code does not merely discuss prosecution procedures. The explanation of Article 132 of the Law of the Republic of Indonesia Number 1 of 2023 concerning the Criminal Code reads "in this provision what is meant by "prosecution" is the judicial process which begins with an investigation". The explanation of Article 132 of the new Criminal Code is a butterfly effect phenomenon if not receiving special attention will certainly damage the essence of prosecutorial authority which is neatly structured in the Indonesian criminal procedural justice system. The explanation of Article 132 of the new Criminal Code does not at all understand Stufenbau's legal theory where the expanded role of prosecutors is in direct contrast to Article 30 paragraph (4) of the Law. -The 1945 Constitution which is the ground norm or basic norm. Apart from that, the Explanation of Article 132 of the New Criminal Code is too vulgar to rebel against the principle of Functional Differentiation which is already compatible with the Indonesian criminal procedural justice system. It requires awareness of all Polri personnel through education about the latent dangers of the explanation of Article 132 of the New Criminal Code. This is in order to explain that this article slightly confuses the existence of investigators/assistant investigators of the National Police so that investigative authority should not be compromised.

KEWENANGAN MAHKAMAH KONSTITUSI TERHADAP PUTUSAN PERKARA NOMOR 90/PUU-XXI/2023

The decision of the Constitutional Court in case Number 90/PUU-XXI/2023 in the general election trial Number 7 of 2017, the opinions of legal experts and the public are contradictory. There are political parties who say the decision is right, and there are also those who say the Constitutional Court's decision is wrong. Furthermore, the problem formulated in this study is based on this background, namely the competence of the Constitutional Court and the legal consequences of its decisions. The research method is a normative and applicable legal approach. This research uses library research, namely. Qualitative studies are carried out by collecting library materials, reading and taking notes, and carrying out analysis on library materials that have been selected for use. Based on the results of this research, the Constitutional Court has the competence to make decisions on matters relating to the age limit for candidates for President and Vice President, where the court's decision is definite and binding.

Report on English-Chinese Translation Practice Based on Trados Computer Aided Translation: A Case Study of Procedure in Civil Cases in the U.S. Courts

This report focuses on the translation practice of parts of the text from "Procedure in Civil Cases in the U.S. Courts" using the Trados translation software. By comparing and analyzing the application of Trados in the translation process, this study aims to reveal the advantages and limitations of using computer aided translation (CAT) tools in legal text translation. The research finds that Trados significantly aids in the field of legal translation; however, its effectiveness is still limited by the translator's grasp of legal expertise. Therefore, this paper intends to offer practical suggestions and experience summaries for legal text translation and to discuss the pros and cons of CAT tools in specific fields. Through an in-depth analysis of Trados usage and a detailed examination of the translation practice results, this paper aims to provide feasible recommendations for improving the quality of legal text translation and to serve as a reference for the application of CAT tools in the legal field.

Analisis Pemahaman Kebijakan Hukum Terhadap Bullying dalam Pendidikan di Sekolah Menengah Pertama

This study aims to find out the understanding of legal policies on bullying in education in junior high schools. This research is an analysis of the study of policies that regulate bullying. The type of research used is qualitative descriptive based on research sources and the development of experts and legal experts. All data collected is data derived from the results of expert analysis that is developed and adapted to the current situation. The data analysis process used is qualitative data analysis with the stages of data reduction, data presentation, and conclusion drawing. The results of data analysis show that children's development without strong monitoring and assistance will result in children easily falling or being affected by self-motivation without any boundaries that they understand and fear. Children in the immature category without sufficient experience will be able to feel okay by committing bullying behavior. The lack of understanding of students and children towards the provisions and policies of the law that regulates bullying makes children or students feel uncontrolled in committing bullying or as a victim of bullying