Academic literature on the topic 'Courts of the first instance'

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Journal articles on the topic "Courts of the first instance"

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Ilkov, Vasyl. "Procedural features of consideration of social cases in the administrative court of first instance." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 49–59. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-4.

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The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.
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Bykadorova, E. V., N. V. Manilkin, and N. V. Boldyrev. "ANALYSIS OF TYPICAL ERRONEOUS DECISIONS OF THE COURT WHEN THE SENTENCE." Law Нerald of Dagestan State University 37, no. 1 (2021): 117–22. http://dx.doi.org/10.21779/2224-0241-2021-37-1-117-122.

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The article analyzes the judicial practice, statistics and typical errors that arise when passing a sentence by a court of first instance, which led to the acquittal of a person who committed a crime; statistics of consideration of criminal cases by the courts of first instance; criteria for sentencing by the courts of first instance; analyzes the stages of the trial; examines the main points of correction of pre-trial proceedings in a criminal case; considers the list of grounds for ruling an acquittal; the structure and content of the sentence, the moment of absence of defense arguments in the sentence – by the appeal and cassation courts; the stages of cassation; the grounds for a guilty verdict; the procedural function of the court and the function of resolving a criminal case; the analysis in the final part of the article.
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Sikorskaya, N. I. "FEATURES OF THE APPOINTMENT OF JUDICIAL EXPERTISE IN THE COURT OF APPEAL." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 6 (72), no. 2 (2020): 170–80. http://dx.doi.org/10.37279/2413-1733-2020-6-2-170-180.

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The article describes the features of the appointment of judicial expertise in the court of appeal. The author conducts a theoretical and legal analysis of the regulation of the institution of appointment of expertise in modern Russian conditions. The author analyzes the current judicial practice in the field under study and notes that in practice, the appellate courts evaluate the applicants ‘ arguments about the appointment of expertise as additional evidence at this stage of the arbitration process in different ways. The author has separately considered the position of the higher courts (the economic Board of the Supreme court of the Russian Federation, the constitutional court of the Russian Federation) on the appointment of judicial expertise. The author concludes that in order to ensure the stability of judicial acts of the courts of first instance and minimize the exercise by the appellate instance of its powers to accept additional evidence, in order to comply with its own competence by commercial courts of different instances, as well as to prevent abuse of procedural rights by persons involved in the case, it is advisable for the courts to pay attention to the need for timely and correct appointment of expertise to clarify issues, requiring special knowledge and uniform application of legal norms by arbitration courts.
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Blanke, Gordon. "Ruling of Dubai Court of First Instance Calls into Question uae Courts’ Recent Acquis on International Enforcement of Foreign Arbitral Awards." Arab Law Quarterly 29, no. 1 (March 5, 2015): 56–75. http://dx.doi.org/10.1163/15730255-12341293.

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A recent ruling of the Dubai Court of First Instance questions de novo the uae courts’ compliance with their obligations under international enforcement instruments in the enforcement of foreign arbitral awards. Following the recent trend of consolidation of the uae courts’ practice to abide by the terms of international enforcement instruments—foremost amongst them the New York Convention, this ruling marks a sudden and unwelcome setback in what commentators had believed had become a turning-point in the uae enforcement practice of foreign arbitral awards. This case comment discusses the place of the Court of First Instance’s ruling in the enforcement history of the uae to date.
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Al-Kasassbeh, Dr Fahad Yousef. "Subject-matter Jurisdiction of Courts of First Instance in the Jordanian Judicial System." Psychology and Education Journal 58, no. 1 (January 29, 2021): 820–32. http://dx.doi.org/10.17762/pae.v58i1.834.

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It is established that the jurisdictional rules are binding legal rules. The parties to whom provisions of these rules apply are required to comply with them, since the binding nature of rules of subject-matter jurisdiction oblige the parties to the proceedings, whether plaintiff or defendant, to adhere to them. Further, the public prosecutor’s office and courts are required to comply with these rules. If a court finds that it does not have jurisdiction over a case or a complaint filed before it, then it should declare lack of jurisdiction. It is established that rules of subject-matter jurisdiction are part of the public order. This is since the legislator determines such jurisdiction for a public interest, i.e. the justice. Hence, violating the rules of subject-matter jurisdiction results in absolute invalidity. This study aims to identify the subject-matter jurisdiction of the court of first instance without dealing with the territorial jurisdiction. This is in view of the problems that the subject-matter jurisdiction raises, especially with the large number of amendments made to the legislations that define this jurisdiction without the knowledge of the relevant parties, which raises a kind of confusion and ambiguity. The nature of subject-matter jurisdiction is defined in the introductory topic of this study. The subject-matter jurisdiction of the court of first instance over civil matters and criminal matters is defined in three topics. The study ends with the most important findings and recommendations, including, but not limited to, the special courts are cancelled and their jurisdiction is transferred to the courts of first instance.
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Maghsoudpour, Rasoul, and Malihe Yavari Tamam. "An Introduction to the System of Appeals in Iran, Egypt and France." International Law Research 9, no. 1 (July 3, 2020): 72. http://dx.doi.org/10.5539/ilr.v9n1p72.

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The present study aims at exploring the system of appeals in Iran, Egypt and France in order to gain a better understanding of those systems. Firstly, the French legal system is explored. The organization of the French courts consists of the Court of First Instance, the Court of Appeal, and The Cour de Cassation. Under the French legal system, there are a few specific rules concerning appeal from judgment and appeal from other factors. Secondly, the Egyptian legal system as a codified law system was considered. It consists of three courts of First, Instance and Cassation. In fact, the Egyptian court of Appeal reconsiders felony cases. In general, the Egyptian Courts of appeal include eight courts and each court is independent and hears specific kinds of Claims such as economical and criminal matters. Thirdly, Iranian appeal system such as its deadline, effects and types is examined.
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Balanovskii, Valentin Valentinovich. "The role of judges' assessment of legally significant circumstances in civil and administrative proceedings: on the example of Kaliningrad Oblast." Юридические исследования, no. 11 (November 2020): 1–17. http://dx.doi.org/10.25136/2409-7136.2020.11.34600.

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The main purpose of the article is to demonstrate on the matter of empirical material the importance of judges’ assessment of legally significant circumstances of the case for Russian civil and administrative proceedings. The subject of the research is the norms of the current procedural Russian legislation, the texts of the appellate rulings on cancellation of the decisions of the courts of first instance in civil and administrative cases of the Kaliningrad region, which entered into force in the period from 01.01.2017 to 31.12.2020, and the data of judicial statistics of the Judicial Department at the Supreme Court of the Russian Federation for 2017-2019. The author uses sociological and mathematical methods, as well as methods of content analysis of the texts of appeal rulings on the cancellation of decisions of the courts of first instance in civil and administrative cases. The novelty of the study is due to the fact that nobody has previously collected and analyzed statistical data on specific grounds for the complete cancellation of decisions of the courts of first instance in appeal order in civil and administrative cases in the Kaliningrad region. As a result of the analysis of specific empirical material, the author establishes that the judges' assessment of legally significant circumstances plays a key role for contemporary Russian legal proceedings. This is especially true for civil proceedings. This conclusion follows from the fact that every 25th decision of the court of first instance in civil proceedings is subject to complete cancellation. In 80% of such cases, the court's incorrect assessment of the legally significant circumstances of the case is the only or one of several grounds for cancellation.
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Koryakovtsev, V. "Review of court decisions based on the jury’s decision in the supervisory instance." Law Enforcement Review 2, no. 4 (December 28, 2018): 106–24. http://dx.doi.org/10.24147/2542-1514.2018.2(4).106-124.

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The subject. The article discusses the procedural peculiarities and grounds for the supervisory (cassation) review of court decisions based on the jury’s decision.The purpose of the article is to assess the effectiveness of the rules on the grounds for review of courts’ decisions based on jury’s verdict.The description of methodology. The author uses formal-legal and comparative-legal methods as well as legal interpretation of the text of Russian Criminal Procedure Code and Russian Supreme Court’s decisions. The decisions of Russian Constitutional Court and court statistics are also analyzed.The main results and scope of their application. In the introduction the author substantiates the relevance of the proposed research by creating a separate cassation and appeal courts of General jurisdiction, a significant extension of jurisdiction of the Russian court with participation of jurors in the district courts as of 1 June 2018., that will result in a manifold increase in the cases before the courts with participation of jurors in the first instance, and a manifold increase in appeals and representations on the decision of the jury. In the second section of the work the characteristic of legal institution of possible turn to the worst for the condemned situation in cassation and Supervisory instances is given, the analysis is widely known of the resolution of the constitutional court of the Russian Federation of May 11, 2005. The third section of the work considers the grounds for possible review of the decision of the courts with the participation of jurors in the order of Art. 401.6 of the Code of Criminal Procedure and grounds proposed by the Plenum of the RF Supreme Court in the Decree of January 28, 2014. The fourth section of the work is devoted to the characteristics of the rules and procedure of Supervisory proceedings, specifies the types of appealed decisions, powers and limits of the rights of the Presidium of the Russian armed forces, provides examples of review of judicial decisions with the participation of juries that have en-tered into force.Conclusions. The author suggests to replace the grounds for cancellation or amendment of acquittal decisions of courts based on the jury’s decision with the grounds of cassation review of jury trials that are included in art. 664 and 665 of the Code of Criminal Procedure of the Republic of Kazakhstan due to their clearer legal definition and lack of evaluative concepts.
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Shcherbyna, V. S., and V. V. Bodnar. "SOME ASPECTS OF THE APPEAL IN ECONOMIC JUDICIAL PROCEEDINGS." Economics and Law, no. 1 (April 15, 2021): 3–9. http://dx.doi.org/10.15407/econlaw.2021.01.003.

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The issues of organizational changes that the courts of appellate instance have undergone, as well as the content of the norms of economic procedural legislation, which enshrine the features of appellate proceedings. The peculiarities of appellate proceedings as an independent stage of economic litigation are considered, which include the following: a) an appeal is filed against a decision of a court of first instance that has not entered into force; b) review of court decisions on appeal is carried out by the courts of appeal; c) the right to appeal has the participants, as well as persons who did not participate in the case, if the court has decided on their rights, interests and (or) responsibilities; d) the appeal is filed directly with the court of appeal; e) the subject of review of the case by the court of appellate instance is the verification of the legality and validity of the decision of the court of first instance; f) the limits of review of the case in the court of appeal, as a rule, are limited by the arguments and requirements of the appeal; g) in the court of appellate instance cases are reviewed according to the rules of consideration of cases in the order of simplified claim proceedings, taking into account the features provided by the Code. It is proposed in order to avoid (reduce) cases of unfounded filing of appeals to supplement Art. 254 Code of Economic Procedure of Ukraine norm on the grounds of appeal of court decisions such as defined in Part 2 of Art. 287 of the Code of Economic Procedure of Ukraine on the grounds of cassation appeal. It is noted that the current version of the Code of Economic Procedure of Ukraine does not contain rules that would determine what procedural actions and within what period the appellate court should take to recover the case from the court of first instance, and during what period the court of first instance should consider the case her appellate court. Arguments are made against the use by courts of the so-called "procedural analogy" in cases. Other proposals are being made to improve the current procedural legislation.
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Avdasheva, Svetlana B., and Svetlana V. Golovanova. "Concerted practice enforcement in Russia: How judicial review shapes the standards of evidence and number of enforcement targets." Russian Journal of Economics 6, no. 3 (September 25, 2020): 239–57. http://dx.doi.org/10.32609/j.ruje.63.51277.

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A judicial review of the infringement decisions of the competition authority substantially affects the standard of evidence in competition enforcement as well as the structure of cases that the competition authority takes. Enforcement against concerted practice in Russia represents a case-study of interaction between commercial courts of first instance, the Highest Court, the competition authority as enforcer, market participants and the legislator to influence the standards of liability under investigation of concerted practice. We examine the judicial review of infringement decisions on concerted practice and track the evolution of legal definition and sufficiency of evidence in such cases. We show, first, that in Russian enforcement, the ability of the Highest Court to influence the criteria of first instance courts is limited (in contrast to the ability of the first instance court to influence the strategy of enforcement by the competition authority). Second, the increase in the burden of proof motivates the competition authority to refrain from an investigation of concerted practice, in accordance with the prediction of the model of the selection of enforcement target by reputation-maximizing authority.
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Dissertations / Theses on the topic "Courts of the first instance"

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Egelstig, Sandra. "EG-domstolen:roll och funktion i en utvidgad europeisk union." Thesis, Linköping University, Department of Management and Economics, 2000. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-715.

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The European Court of Justice, the ECJ, has the governing function in the Union as a guardian of law and justice. Even today, with a Union of 15 memberstates, statistics show that the ECJ and the Court of First Instance have increasing difficulties in fulfilling their tasks. This situation is chiefly a cause of an increasing number of cases raised. Due to this, profound changes have to be made in order to preserve common lawagreements in a future expansion of the Union. The purpose of this paper is to exam which changes the Courts have to make in order to meet an increased amount of cases that an enlarged Union would mean.

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Askew-Renaut, Estelle. "Access to justice for individuals before the European Court of Justice and the Court of First Instance of the European Communities : in line with international human rights law and practice?" Thesis, University of Essex, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.437665.

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VanGeem, Stephen Guy. "An Evaluation of the Utah First District Mental Health Court: Gauging the Efficacy of Diverting Offenders Suffering With Serious Mental Illness." Scholar Commons, 2015. https://scholarcommons.usf.edu/etd/5593.

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The decision to establish a mental health court in Utah's First District was largely a political one prompted by the growing popularity of problem-solving courts throughout the country. Because this motivation was policy-driven and not needs-driven, the court was established without an ongoing data collection schedule. As a result, barring anecdotal evidence from program participants, the current impact of the court on two key goals-- reducing recidivism and increasing community-based treatment contact--is entirely unknown. The current study aims to provide a summative program evaluation of the first sixty-eight months of specialty court operation by (1) estimating basic demographic and clinical information about program referrals, participants, and graduates; and (2) measuring program effectiveness by examining between-group differences in key outcome measures (e.g., new charges, use of therapeutic services, time to rearrest, etc.) for those referrals who are accepted into the program as participants versus those referrals who are rejected from the program and sentenced to treatment-as-usual. Ideally, the current study will not only provide an evidence-based assessment of local practices at the current study site but will also empirically inform the greater community of mental health practitioners, researchers, and policymakers who are operating in smaller, more rural districts.
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Long, Amanda H. "Family dependency treatment courts case studies from Mecklenburg County's families in recovery Staying Together (First) Program /." View electronic thesis (PDF), 2009. http://dl.uncw.edu/etd/2009-2/longa/amandalong.pdf.

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Reilly, Mary Grace. "Evaluation of the impact created by unification of the Pennsylvania judicial system in the administration of the Thirty First Judicial District, Court of Common Pleas." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1991. http://www.kutztown.edu/library/services/remote_access.asp.

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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1991.
Source: Masters Abstracts International, Volume: 45-06, page: 2958. Abstract precedes thesis as [1] preliminary leaf. Typescript. Includes bibliographical references (leaf 44).
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Crocker, Theresa Blom. "“A REMARKABLE INSTANCE”: THE CHRISTMAS TRUCE AND ITS ROLE IN THE CONTEMPORANEOUS NARRATIVE OF THE FIRST WORLD WAR." UKnowledge, 2012. http://uknowledge.uky.edu/history_etds/2.

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The orthodox narrative of the First World War, which maintains that the conflict was futile, unnecessary and wasteful, continues to dominate historical representations of the war. Attempts by revisionist historians to dispute this interpretation have made little impact on Britain’s collective memory of the conflict. The Christmas truce has come to represent the frustration and anger that soldiers felt towards the meaningless war they had been trapped into fighting. However, the Christmas truce, which at the time it occurred was seen as an event of minimal importance, was not an act of defiance, but one which arose from the unprecedented conditions of static trench warfare and the adaptation of the soldiers to that environment. An examination of contemporaneous accounts of the truce demonstrates that it was viewed by the soldiers involved as merely a brief holiday, and that British army commanders generally ignored or tolerated the truce, eventually releasing orders preventing its continuation or reoccurrence but taking no steps to punish any of the men who took part in it. A review of the letters and diaries of truce participants sheds light on the event itself, while simultaneously challenging the orthodox narrative of the First World War.
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Ross, Ashleigh. "Examining the violentisation process and the likelihood of first time offenders becoming dangerous violent perpetrators, amongst offenders diverted from various courts in the Western Cape." Master's thesis, Faculty of Humanities, 2019. http://hdl.handle.net/11427/31193.

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The purpose of this quantitative cross-sectional study was to test the Violentization process with a group of first time adult male offenders charged with Assault Common or Assault GBH diverted from various courts in the Western Cape. The results of the study were compared to that of a similar study conducted by Holtzhausen (2015) which was done on a group of male youths from two townships in the Western Cape. With regards to this study individual interviews were conducted with 50 adult male participants between the ages of 18 and 65 respectively who were charged with one of the above offences and who were found suitable for diversion. The findings revealed that there were slight differences which could be due to the fact that the results of the study done by Holtzhausen (2015) were done with individuals who had been in conflict with the law on more than one occasions and some participants had also been incarcerated, compared to the participants of this study who were first time offenders. Furthermore, the results indicated that the majority of participants showed medium exposure and thus shows that they have in fact completed at least one or more but not all of the stages of Athens (1989) theory of Violentization. Based on the findings of this study, it is recommended that this research and its research process and data collection tool be relooked in terms of its applicability to the South African context and further be used as an assessment tool and measurement instrument in intervention services provided to persons by social workers and probation officers in various settings, such as correctional centres, courts and NGO’s.
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Weber, Katharine Sprague. "The practise of defending the bond in first instance matrimonial trials in the year 2002 based on a survey of metropolitan tribunals in the United States of America /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.

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Moran, Katherine E. Ms. "Comparing and Contrasting the Constitutional Approaches of Justice Scalia and Justice Breyer Through the Pending Supreme Court Case Schwarzenegger V Entertainment Merchants Association." Scholarship @ Claremont, 2011. http://scholarship.claremont.edu/cmc_theses/174.

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The aim of this thesis is to explore the differences and similarities between Justice Antonin Scalia’s textualist approach to interpreting the Constitution and Justice Stephen Breyer’s Living Constitution approach (also called the evolutionist approach) by applying these disparate legal theories to Schwarzenegger v Entertainment Merchants Association, a case currently pending before the Supreme Court whose resolution centers on the interpretation of the First Amendment. The textualist approach relies primarily on interpreting the original meaning of the text of the Constitution, and attempting to decide cases in a way that is faithful to an amendment’s words as written (Rossum et al. 4). The Living Constitution, or evolutionist approach to constitutional interpretation, contends that the meaning of the Constitution evolves with the standards of society, and the purpose or intent behind the Constitution or an amendment is as important, if not more so, than the literal language when interpreting a Constitutional amendment as it applies to actual cases as they arise (8). These two approaches are fundamentally oppositional, and Justices Scalia and Breyer are the very embodiment of these approaches on the Supreme Court today; each man avidly defends his respective approach in his opinions and other written works, and each exhibits the logic of these approaches in his decisions. The purpose of choosing a case that is undecided (at the time of this writing) is to explore and flesh out the actual decision-making process of both Justices and their constitutional theories, rather than merely critiquing their decisions and holdings in a case that has already been adjudicated. This exploration is particularly useful because it allows one to decipher how these approaches are similar and different in interpreting the Constitution.
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Ramey, R. Chace. "The school official's ability to limit student first amendment freedom exploring the boundaries of student speech and expression in school as defined by the United States federal courts /." Diss., University of Iowa, 2009. http://ir.uiowa.edu/etd/262/.

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Books on the topic "Courts of the first instance"

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Court, Botswana High. Rules of the Magistrates' Courts, 2011. Gaborone: Government Printer, 2011.

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Uganda. The Magistrates Courts' Act, 1970: (as at 30th September 1989). [Kampala?: Republic of Uganda, 1989.

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Group, Sheriff Court Users. Small claims guidance. Glasgow: Sheriff Court Users Group, 2004.

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Judiciary, California Legislature Senate Committee on. Joint hearing on trial court unification under SCA 3. Sacramento, CA (1020 N St., Rm B-53, Sacramento 95814): Additional copies, Senate Publications, 1993.

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Malhadas, Júlio Assumpção. Justiça do trabalho: Sua história, sua composição, seu funcionamento. São Paulo: Editora LTr, 1997.

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Jung, Hans. Das Gericht erster Instanz. Baden-Baden: Nomos, 1991.

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A, Klijn. De civiele procedure bij de kantonrechter: Evaluatie van een vernieuwing. Arnhem: Gouda Quint, 1994.

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Auditor-General, Zimbabwe Office of the Comptroller and. Report of the Comptroller and Auditor-General on service delivery by the civil Section of the magistrates' courts under the Ministry of Justice, Legal and Parliamentary Affairs: Presented to Parliament of Zimbabwe. [Harare]: Comptroller and Auditor-General, 2006.

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Góra-Błaszczykowska, Agnieszka. Postanowienia sądu pierwszej instancji w procesie cywilnym. Warszawa: C.H.Beck, 2002.

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ha-Taḥtonim: Siyur mudrakh ba-ʻarkaʼot ha-taḥtonot. Yerushalayim: Karmel, 2009.

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Book chapters on the topic "Courts of the first instance"

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Zhu, Suli. "Courts of First Instance and Appellate Court." In China Academic Library, 99–118. Singapore: Springer Singapore, 2016. http://dx.doi.org/10.1007/978-981-10-1142-9_4.

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McLeod, Ian. "Precedent in the European Court of Justice and the Court of First Instance." In Legal Method, 211–20. London: Macmillan Education UK, 1996. http://dx.doi.org/10.1007/978-1-349-14289-7_16.

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Pappas, Spyros A., and David Demortain. "A New Era of Competition Under the Guidance of the Court of First Instance." In Competition Policy in Europe, 233–45. Berlin, Heidelberg: Springer Berlin Heidelberg, 2004. http://dx.doi.org/10.1007/978-3-540-24712-8_8.

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Raitio, Juha. "The Principle of Legal Certainty Based on the Case Law of the European Court of Justice and the Court of First Instance." In The Principle of Legal Certainty in EC Law, 187–263. Dordrecht: Springer Netherlands, 2003. http://dx.doi.org/10.1007/978-94-017-0353-6_6.

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"Court of First Instance (CFI)." In Competition Law and Policy in the EU and UK, 84–85. Routledge-Cavendish, 2004. http://dx.doi.org/10.4324/9781843146711-15.

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Büttner, Tilmann. "The Court of First Instance." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0045.

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Pursuant to Art 6 UPCA, the Court is construed as a unitary entity and comprises at first instance three types of divisions: the central division, the regional divisions, and the local divisions. These divisions may differ in the details of their staff and their competences, however they are on an equal footing in terms of the competence of their panels.
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Chambers, Sir Robert. "9 Of Courts of Justice, and First of General Courts of Common Law and Equity." In A Course of Lectures on the English Law: Delivered at the University of Oxford 1767-1773, Vol. 1, edited by Thomas M. Curley, 217–26. Oxford University Press and The University of Wisconsin Press, 1986. http://dx.doi.org/10.1093/oseo/instance.00044470.

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Voronin, Yа G. "PROCEEDINGS IN THE COURT OF FIRST INSTANCE." In JURIDICAL SCHOLARLY DISCUSSIONS AS A FACTOR FOR THE SUSTAINABLE DEVELOPMENT OF LEGAL DOCTRINE AND LEGISLATION, 280–303. Liha-Pres, 2019. http://dx.doi.org/10.36059/978-966-397-181-0/280-303.

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Tochtermann, Peter. "President of the Court of First Instance." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0158.

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As with the President of the Court of Appeal, the President of the Court of First Instance is elected by all judges of the Court of First Instance for a term of three years. Only full-time judges can be elected (arg ex Art 14(1) UPC Statute). The President may be re-elected twice, thus the maximum term of office is nine years. If the office of the President of the Court of First Instance falls vacant before the expiry of his term, a successor will be elected for the remainder of the term (para 4, Art 13(4) UPC Statute).
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Chakraborty, Martin, and Verena Dormann. "Decision by default (Court of First Instance)." In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0518.

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Rule 355 allows the UPC to issue decisions by default. This provides a means for the UPC to enforce the parties’ duty to promote the proceedings as it prevents parties from blocking the proceedings by not participating. The possibility to block proceedings contradicts the principle of expediting proceedings as provided in the UPCA. According to this principle, the UPC should ensure expeditious and high-quality decisions taking into account the need for proportionality and flexibility. Proceedings before the UPC are determined by the parties and reliant on their actions. The Court is bound to the request submitted by the parties (Art 76(1) UPCA). An efficiency means of urging the parties, in their own interests, to participate in the proceedings is to hold out the prospect of a disadvantageous enforceable decision.
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Conference papers on the topic "Courts of the first instance"

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Kulyushin, Evgeny N. "The Powers of the Court of First Instance for the Reconciliation of the Parties in the Administrative Procedure of the Russian Federation." In XIV European-Asian Congress "The value of law" (EAC-LAW 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201205.030.

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Topaloğlu, Mustafa. "Effects of Public Policy on Arbitration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00805.

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Public policy is a ambiguous concept. Public policy can be defined as a set of rules which protecting the essential structure of society and its interests. Under New York Convention dated 1958, an arbitration verdict which breaching of public policy in the executing country can’t be executed. Same provision valid under Turkish Act Related International Private Law and Procedure Law. An arbitration verdict can’t be subject to appeal directly. But, it can be sued for annulment before court of first instance. The public policy is stipulated as a ground of annulment in the Turkish International Arbitration Act. New Turkish Civil Procedure Act accepted same solution about domestic arbitration. In this paper was tried to define the public policy concept and examined point of view of legal rules questioned above.
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Miliszewska, Iwona, Anne Venables, and Grace Tan. "How Generic is I(nformation) T(echnology)?" In InSITE 2009: Informing Science + IT Education Conference. Informing Science Institute, 2009. http://dx.doi.org/10.28945/3309.

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Victoria University will introduce a generic Science Degree in 2009. Students in the degree will share a common first year and then choose a specialization, for instance biotechnology, chemistry, computing, food science, or environmental science. This paper reflects on the need for the development of enabling information technology (IT) skills among first-year students in the Degree. Many students already use IT to communicate, collaborate, work, and learn. However, they need to learn how to use technology intelligently, creatively, and ethically to accomplish intellectual pursuits; in addition, they should develop these skills at the beginning of their course, so as to optimize their learning throughout their studies and maximize educational outcomes. How could these skills be developed in students of a generic science degree? Are IT skills generic, too? The paper discusses the growing need for the development of advanced IT skills in science students; it shows the disparity between current university practice and the expectations of the world at large; it examines the generic nature and transferability of advanced IT skills; and, it proposes explicit incorporation of these skills into the curriculum of a generic science degree, including suggestions for effective implementation.
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Wang, Dan, and Xu Chen. "Closed-Loop Simulation Integrating Finite Element Modeling With Feedback Controls in Powder Bed Fusion Additive Manufacturing." In 2020 International Symposium on Flexible Automation. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/isfa2020-9611.

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Abstract Powder bed fusion (PBF) additive manufacturing has enabled unmatched agile manufacturing of a wide range of products from engine components to medical implants. While high-fidelity finite element modeling and feedback control have been identified key for predicting and engineering part qualities in PBF, existing results in each realm are developed in opposite computational architectures wildly different in time scale. Integrating both realms, this paper builds a first-instance closed-loop simulation framework by utilizing the output signals retrieved from the finite element model (FEM) to directly update the control signals sent to the model. The proposed closed-loop simulation enables testing the limits of advanced controls in PBF and surveying the parameter space fully to generate more predictable part qualities. Along the course of formulating the framework, we verify the FEM by comparing its results with experimental and analytical solutions and then use the FEM to understand the melt-pool evolution induced by the in-layer thermomechanical interactions. From there, we build a repetitive control algorithm to greatly attenuate variations of the melt pool width.
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Jamaludin, Ahmad. "The Problems With the Cancellation of the Pledge of Talaq in Religious Courts." In First International Conference on Technology and Educational Science. EAI, 2019. http://dx.doi.org/10.4108/eai.21-11-2018.2282272.

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Sovianti, Rina. "Framing Analysis: Release of Siti Aisyah by Malaysian courts in online media." In Proceedings of the First International Conference on Administration Science (ICAS 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icas-19.2019.15.

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Mata Diaz, Amilcar, and Ramon Pino Perez. "Impossibility in Belief Merging (Extended Abstract)." In Twenty-Seventh International Joint Conference on Artificial Intelligence {IJCAI-18}. California: International Joint Conferences on Artificial Intelligence Organization, 2018. http://dx.doi.org/10.24963/ijcai.2018/799.

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With the aim of studying social properties of belief merging and having a better understanding of impossibility, we extend in three ways the framework of logic-based merging introduced by Konieczny and Pino Perez. First, at the level of representation of the information, we pass from belief bases to complex epistemic states. Second, the profiles are represented as functions of finite societies to the set of epistemic states (a sort of vectors) and not as multisets of epistemic states. Third, we extend the set of rational postulates in order to consider the epistemic versions of the classical postulates of social choice theory: standard domain, Pareto property, independence of irrelevant alternatives and absence of dictator. These epistemic versions of social postulates are given, essentially, in terms of the finite propositional logic. We state some representation theorems for these operators. These extensions and representation theorems allow us to establish an epistemic and very general version of Arrow's impossibility theorem. One of the interesting features of our result, is that it holds for different representations of epistemic states; for instance conditionals, ordinal conditional functions and, of course, total preorders.
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Tao, Qingping, Stephen Scott, N. V. Vinodchandran, and Thomas Takeo Osugi. "SVM-based generalized multiple-instance learning via approximate box counting." In Twenty-first international conference. New York, New York, USA: ACM Press, 2004. http://dx.doi.org/10.1145/1015330.1015405.

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Zhou, Xuefeng, Jianhua Ruan, and Weixiong Zhang. "Promoter prediction based on a multiple instance learning scheme." In the First ACM International Conference. New York, New York, USA: ACM Press, 2010. http://dx.doi.org/10.1145/1854776.1854817.

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Guru, D. S., K. B. Nagasundara, and S. Manjunath. "Feature level fusion of multi-instance finger knuckle print for person identification." In the First International Conference. New York, New York, USA: ACM Press, 2010. http://dx.doi.org/10.1145/1963564.1963595.

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Reports on the topic "Courts of the first instance"

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Torres-Mancera, Rocio, Carlos de las Heras-Pedrosa, Carmen Jambrino-Maldonado, and Patricia P. Iglesias-Sanchez. Public Relations and the Fundraising professional in the Cultural Heritage Industry: a study of Spain and Mexico / Las relaciones públicas y el profesional de la captación de fondos en la industria del patrimonio cultural: un estudio de España y México. Revista Internacional de Relaciones Públicas, June 2021. http://dx.doi.org/10.5783/rirp-21-2021-03-27-48.

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The present research aims to understand the current situation of strategic communication and public relations applied in the professional field of fundraising in the cultural heritage environment. It observes the current patterns used in the sector to obtain and generate long-term sustainable funding, through the stimulation of investors and International Cooperation projects from the European Union in line with UNESCO. Two international case studies are compared: Spain and Mexico, through the selection of territorial samples in Malaga and San Luis Potosi. The methodology used is based on a combination of in-depth interviews with key informants and content analysis. In the first instance, the degree of application of communication and public relations tools for strategic purposes to directly attract economic resources to the management of cultural heritage (tangible and intangible) in the region is studied. In line with the results obtained, the current parameters and key indicators of the profile of the fundraising professional in public and private cultural management are presented.
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Kaffenberger, Michelle, and Lant Pritchett. Women’s Education May Be Even Better Than We Thought: Estimating the Gains from Education When Schooling Ain’t Learning. Research on Improving Systems of Education (RISE), September 2020. http://dx.doi.org/10.35489/bsg-rise-wp_2020/049.

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Women’s schooling has long been regarded as one of the best investments in development. Using two different cross-nationally comparable data sets which both contain measures of schooling, assessments of literacy, and life outcomes for more than 50 countries, we show the association of women’s education (defined as schooling and the acquisition of literacy) with four life outcomes (fertility, child mortality, empowerment, and financial practices) is much larger than the standard estimates of the gains from schooling alone. First, estimates of the association of outcomes with schooling alone cannot distinguish between the association of outcomes with schooling that actually produces increased learning and schooling that does not. Second, typical estimates do not address attenuation bias from measurement error. Using the new data on literacy to partially address these deficiencies, we find that the associations of women’s basic education (completing primary schooling and attaining literacy) with child mortality, fertility, women’s empowerment and the associations of men’s and women’s basic education with positive financial practices are three to five times larger than standard estimates. For instance, our country aggregated OLS estimate of the association of women’s empowerment with primary schooling versus no schooling is 0.15 of a standard deviation of the index, but the estimated association for women with primary schooling and literacy, using IV to correct for attenuation bias, is 0.68, 4.6 times bigger. Our findings raise two conceptual points. First, if the causal pathway through which schooling affects life outcomes is, even partially, through learning then estimates of the impact of schooling will underestimate the impact of education. Second, decisions about how to invest to improve life outcomes necessarily depend on estimates of the relative impacts and relative costs of schooling (e.g., grade completion) versus learning (e.g., literacy) on life outcomes. Our results do share the limitation of all previous observational results that the associations cannot be given causal interpretation and much more work will be needed to be able to make reliable claims about causal pathways.
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Sheridan, Anne. Annual report on migration and asylum 2016: Ireland. ESRI, November 2017. http://dx.doi.org/10.26504/sustat65.

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The Annual Report on Migration and Asylum 2016 provides an overview of trends, policy developments and significant debates in the area of asylum and migration during 2016 in Ireland. Some important developments in 2016 included: The International Protection Act 2015 was commenced throughout 2016. The single application procedure under the Act came into operation from 31 December 2016. The International Protection Office (IPO) replaced the Office of the Refugee Applications Commissioner (ORAC) from 31 December 2016. The first instance appeals body, the International Protection Appeals Tribunal (IPAT), replacing the Refugee Appeals Tribunal (RAT), was established on 31 December 2016. An online appointments system for all registrations at the Registration Office in Dublin was introduced. An electronic Employment Permits Online System (EPOS) was introduced. The Irish Short Stay Visa Waiver Programme was extended for a further five years to October 2021. The Second National Action Plan to Prevent and Combat Human Trafficking was published. 2016 was the first full year of implementation of the Irish Refugee Protection Programme (IRPP). A total of 240 persons were relocated to Ireland from Greece under the relocation strand of the programme and 356 persons were resettled to Ireland. Following an Oireachtas motion, the Government agreed to allocate up to 200 places to unaccompanied minors who had been living in the former migrant camp in Calais and who expressed a wish to come to Ireland. This figure is included in the overall total under the IRPP. Ireland and Jordan were appointed as co-facilitators in February 2016 to conduct preparatory negotiations for the UN high level Summit for Refugees and Migrants. The New York Declaration, of September 2016, sets out plans to start negotiations for a global compact for safe, orderly and regular migration and a global compact for refugees to be adopted in 2018. Key figures for 2016: There were approximately 115,000 non-EEA nationals with permission to remain in Ireland in 2016 compared to 114,000 at the end of 2015. Net inward migration for non-EU nationals is estimated to be 15,700. The number of newly arriving immigrants increased year-on-year to 84,600 at April 2017 from 82,300 at end April 2016. Non-EU nationals represented 34.8 per cent of this total at end April 2017. A total of 104,572 visas, both long stay and short stay, were issued in 2016. Approximately 4,127 persons were refused entry to Ireland at the external borders. Of these, 396 were subsequently admitted to pursue a protection application. 428 persons were returned from Ireland as part of forced return measures, with 187 availing of voluntary return, of which 143 were assisted by the International Organization for Migration Assisted Voluntary Return Programme. There were 532 permissions of leave to remain granted under section 3 of the Immigration Act 1999 during 2016. A total of 2,244 applications for refugee status were received in 2016, a drop of 32 per cent from 2015 (3,276). 641 subsidiary protection cases were processed and 431 new applications for subsidiary protection were submitted. 358 applications for family reunification in respect of recognised refugees were received. A total of 95 alleged trafficking victims were identified, compared with 78 in 2015.
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