Dissertations / Theses: 'Evidence in civil proceedings'

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Ng, Yu-wai Magnum. "A comparative study of the law and practice on taking of evidence in international arbitration proceedings an eclectic approach of common law and civil law systems /." access abstract and table of contents access full-text, 2008. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b22730126a.pdf.

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Thesis (M.A.)--City University of Hong Kong, 2008. Title from PDF t.p. (viewed on Oct. 3, 2008) "City University of Hong Kong, School of Law, LW 6409A Dissertation." Includes bibliographical references (p. 63-65)

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Gaqa, Thando. "The rule in Hollington v Hewthorn in the light of section 17 Of The Civil Proceedings Evidence Act 25 of 1965 in South Africa." University of the Western Cape, 2018. http://hdl.handle.net/11394/6830.

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Magister Legum - LLM South Africa, among others, has adopted, and is bound by, the so-called 'rule in Hollington‘ that originated in England in 1943 in Hollington v Hewthorn (hereinafter the 'Hollington case‘). The issue, among others, that the English Appeal Court had to determine in this case was whether a judgement of a criminal court could be used in subsequent civil proceedings to prove the liability of either of the litigants. The Court reached the conclusion that a judgement of a criminal court is just an irrelevant and inadmissible opinion in later civil proceedings. The court adopted the view that had a criminal conviction been admissible evidence in civil proceedings, it would lead to a situation where the defendant would end up challenging the propriety of those convictions. In the light of that, the courts would be faced with a duty to retry the criminal case in the midst of the civil proceedings. Section 17 of the Civil Proceedings Evidence Act (CPEA) provides that a conviction or an acquittal can be proved by the production of a document dully certified by the relevant court that acquitted or convicted the person in question. Furthermore, section 18 of the Supreme Court Act (SuCA) now section 34 of the Superior Courts Act (SupCA) provides that whenever a judgement, among other things, of a court needs to be proved or referred to in any manner a duly certified copy thereof will serve as prima facie evidence thereof. These sections militate against the rule in Hollington in that they allow, or at least should be interpreted in a manner that accords with the allowance of, the admissibility of conviction evidence in later civil law suits.

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Carvalho, João Victor Carloni de. "A tutela da evidência no sistema processual civil brasileiro /." Franca, 2019. http://hdl.handle.net/11449/191631.

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Orientador: Yvete Flávio da Costa Resumo: A presente pesquisa tem a finalidade de analisar a Tutela da Evidência frente ao novo ordenamento processual civil. Tal instituto faz parte das Tutelas Provisórias, aquelas analisadas a partir de um juízo sumário a fim de se conceder maior eficiência ao processo durante o seu curso. Num primeiro momento necessário um estudo sobre o panorama geral das tutelas provisórias, dando um enfoque na de urgência, a qual demanda a presença dos requisitos da probabilidade do direito e do perigo de dano ou risco ao resultado útil do processo, de forma cumulativa. Feita essa abordagem, concentrar-se-á o estudo nos casos explícitos de tutela da evidência, presentes no rol do art. 311 do Código Processual Civil, estabelecendo-se, ainda, as premissas para a suas diferenças em relação à tutela de urgência, principalmente no tocante à ausência de demonstração do periculum in mora. Por fim, um estudo acerca de hipóteses de tutela evidente fora do rol do art. 311, e até mesmo do CPC/2015 necessita ser feito, pois a legislação processual preconiza algumas situações “especiais” de evidência, em que se concede tutelas, e até mesmo liminares, somente com o fumus boni iuris. Busca-se, portanto, um entendimento sobre o que é um direito evidente e como as novas ferramentas processuais podem contribuir para maior eficiência e celeridade processuais, garantindo-se um mais efetivo acesso à ordem jurídica justa. Mestre

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Melo, Danilo Gomes de. "Tutela de evidência: um estudo sobre a aplicação do artigo 311 do código de processo civil de 2015." Universidade Católica de Pernambuco, 2017. http://www.unicap.br/tede//tde_busca/arquivo.php?codArquivo=1274.

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Conforme exposição de motivos do Código de Processo Civil de 2015, um dos fundamentos para sua elaboração foi a de proporcionar maior celeridade e efetividade ao processo. Para concretizar o objetivo almejado, foi adotado o termo tutela de evidência no artigo 311, ampliando as hipóteses de antecipação dos efeitos da tutela jurisdicional, sem, contudo, necessidade de comprovação da urgência. Portanto, o CPC/2015 apresenta um novo arcabouço para as tutelas provisórias, sendo imprescindível seu estudo pelos operadores do direito. Entretanto, a mudança legislativa não possui embasamento estatístico que a justifique. Assim, o presente trabalho tem como pretensão apresentar as premissas teóricas que fundamentaram a criação da tutela de evidência, enfrentando os temas relacionados com ênfase em análise empírica de processos judiciais, verificando se existe separação entre os conceitos encampados pela doutrina e pela prática jurídica. According to the exposition of motives from the Civil Process Code of 2015, one of the fundamentals to its elaboration was to provide celerity and effectiveness to the process. To achieve the intended goal, it was adopted the evidence injunction on article 311, expanding the anticipation hypothesis of the judicial protection effects, without, however, need to prove the urgency. Therefore, the CPC/2015 presents a new framework to the provisory judicial protection, being indispensable its study by the operators of law. However, the legislative change does not possess statistical basement that justifies itself. Thereby, the present work has the pretension to present the theoretical premises that grounded the evidence injunction creation, facing the themes related to emphasis in empirical analysis of judicial processes, checking if there is separation between the concepts emplaced by the doctrine and by the juridical practice.

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Singh, Nerisha. "Electronic evidence in criminal proceedings." Doctoral thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32978.

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The research question central to the thesis is stated as follows: what are the implications of new technological phenomena in South African law to the existing legal frameworks in relation to (i) investigatory powers of law enforcement and security and intelligence agencies to obtain electronic evidence, and (ii) its subsequent admissibility in criminal proceedings? Written with an emphasis on South African law, but also taking into account aspects of foreign and international law, the thesis seeks to investigate how our existing legal frameworks which regulate the use of and access to electronic evidence in criminal proceedings, including its admissibility, integrate and adapt to challenges raised by new and rapidly changing technological developments. The thesis provides a critical analysis of the existing legal framework regulating certain key investigative powers of law enforcement and security and intelligence agencies in the current modern environment of the information age in which they operate. Key among them is the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. New technology has not only increased opportunities for criminal activity, it has also created opportunities for law enforcement and security and intelligence agencies to have access to more sophisticated and new capabilities. The range of intrusive capabilities now available to law enforcement and security and intelligence agencies triggers a range of issues and challenges for individual rights, including how those capabilities are used in investigation activities, the scale of their use, the extent to which such capabilities intrude on privacy rights, legislative authority for their use and safeguards that constrain and regulate such new technological capabilities. The challenges of regulating investigative powers in an era of new and fastpaced technological developments is explored in relation to (i) interception of communications (ii) acquisition and retention of communications data, and (iii) access to encrypted information. The introduction of electronic evidence in criminal legal proceedings raises unique challenges in the South African law on evidence. The most interesting perhaps is the extent to which the nature of the evidence presented, in this instance electronic evidence, impacts on admissibility in criminal proceedings. Potential anomalies arise as the relevant legislation, the Electronic Communications and Transactions Act 25 of 2002, is based on an electronic commerce model law concerned with commercial activities. In this regard, two separate issues are the focus of research interest. The thesis offers a rethinking of (a) admissibility of electronic evidence and (b) its weight. The meaning and application of certain statutory provisions, insofar as it applies to electronic evidence as hearsay or real evidence, or both, are key and controversial issues. Another relates to the business records exceptions, which directly translated for electronic records appears to have created a problematic presumption. On matters of evidential weight, there is no ‘one-size-fits-all' approach that will work. While a robust consideration of authentication is required in the court's assessment of evidential weight of electronic evidence, it should not be subject to inflexible tests that make it difficult for authentic electronic evidence to be admitted into evidence. A central premise of the thesis is that evolving technological phenomena can and do present challenges to existing legal concepts on evidence and the investigatory powers of law enforcement and the security and intelligence agencies to obtain electronic evidence and for its admissibility in criminal proceedings. This is done in the context of understanding whether South African law has developed appropriately in response to advancements in technology. In the final analysis, the thesis considers appropriate and meaningful reform towards a modern and transparent legal framework in South African law.

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Blaettler, Nadine. "The Use of Foreign Evidence in Swiss Proceedings." St. Gallen, 2007. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/02603546002/$FILE/02603546002.pdf.

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Gibbons, Susan M. C. "Subsequent use of documents disclosed in civil proceedings." Thesis, University of Oxford, 2002. http://ora.ox.ac.uk/objects/uuid:ff1dd09b-b699-4cae-8022-85459ac336c8.

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Rule 31.22 of the Civil Procedure Rules 1998 provides, as a general rule, that those who receive documents through disclosure during civil proceedings may use them only for the purpose of the proceedings at hand. The general rule is subject to three exceptions, and judges have discretion to authorise subsequent use for other purposes. However, the foundational presupposition underpinning CPR 31.22 is that subsequent use, generally speaking, is improper. The thesis has two primary aims: (1) to demonstrate that the rule governing subsequent use (as developed in the case law) is theoretically and practically flawed, and that maintaining a blanket, general rule against subsequent use is unsound in principle, unjust, and procedurally inefficient; and (2) to generate a normative and procedural framework suitable for reform. Part I outlines the content, origins and operation of CPR 31.22. Through historical analysis, it suggests that presumptively categorising as improper all forms of subsequent use beyond the original litigation contradicts traditional authority. By identifying and examining the three principal rationales said to justify the modern rule, it argues that none affords sound justification. By analysing the exceptions to the rule, including judicial discretion, it seeks to show that such measures are incapable of remedying the defects in the underlying rule. Part II attempts to formulate a theoretically defensible, procedurally viable model for reforming CPR 31.22. It suggests that the presumption against subsequent use should be abolished, and the law reoriented around two central norms: the harm principle and a balancing approach. It tests this theoretical model by applying it to seven paradigmatic categories of subsequent use. Finally, it outlines a possible structure for procedural reform.

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Süße, Sascha, and Carolin Püschel. "Collecting evidence in internal investigations in the light of parallel criminal proceedings." Universitätsbibliothek Leipzig, 2016. http://nbn-resolving.de/urn:nbn:de:bsz:15-qucosa-199168.

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Hanekom, Jurgens Philip. "The application of the hearsay rule in labour law proceedings." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/300.

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To know your law and not to understand it is like a legal barbarian lost in the battlefield of legal theory. A proper and thorough understanding of the law of evidence and hearsay evidence in particular, is of paramount importance not only for lawyers but also for persons who regard themselves as labour law experts. It takes a great deal of experience before a lawyer truly becomes confident with the law of evidence and its application. The only way one becomes good at it is firstly to know the law. (Where does it come from and why is it there?) Then one must get to understand it by looking at examples and apply it in practice. Only then will a person gain practical experience. The aim of this treatise is not to try and educate experienced lawyers. This article is aimed at those that need some motivation to pursue their journey in the labour law process. Remember we all assume that lawyers know and understand their subject until they proof the contrary. In this work I shall try to highlight the importance of the law of evidence in labour law proceedings. Firstly the meaning of the law of evidence and hearsay evidence is considered. Further emphasis will be on the approach and application of the law of evidence, and in particular the hearsay rule, in labour law proceedings.

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Marais, Claire Anne. "Judging psycholegal reporting in civil court proceedings in the Eastern Cape." Thesis, Rhodes University, 2018. http://hdl.handle.net/10962/62999.

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Purpose: The primary purpose for this research was to evaluate the quality of psycholegal reports, and the qualification of the authors. Previous research had revealed generalised poor practices in psycholegal report writing and the authors seemed unqualified as expert witness. This negatively influenced the impression and usefulness of expert psychological opinion in South African courts. The secondary purpose was to compare the results to those determined by Ireland (2012), which was a useful benchmark study in the UK as her findings corresponded with the literature. Method: This archival research analysed a hand-search sample of 20 reports written by 20 psychologists based nationally. These reports were submitted as expert opinion in civil proceedings in the Grahamstown Division of the Eastern Cape High Court between 2011 and 2016. Ireland and Pinschof’s (2009) measure ‘Quality Rating Scale’ was adapted for a South African context and used to evaluate quantitatively the reports. Focus was on the reports’ contents (fact and opinion), methods, process and overall rating, and the qualification of the authors. Results: Overall, two-thirds of the reports were rated as ‘good’ and ‘very good’. The results were generally more positive than Ireland’s (2012) findings. However, there were practices in the report writing that were deemed detrimental to the quality of the expert’s opinion. This included vague referral questions and unclear basis for concluding opinions and diagnosis. There was also a lack of discussions surrounding the scientific trustworthiness of testing methods and absent ethical considerations. Lastly, the specialised expertise of the experts was not adequately documented. Conclusion: The findings painted a more positive picture of psycholegal reporting in South Africa than illustrated in previous research, which seemingly relied on anecdotes and subjective surveys. This study used a systematic and objective measure. The findings of this study, previous research and ethical Rules of Conduct were used to consider recommendations for psycholegal report writing, and the improvement of the field of psycholegal work. Lastly, the focus of future research was discussed.

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Dumani, Msebenzi. "Aspects of expert evidence in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2005. http://hdl.handle.net/10948/435.

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The rule excluding evidence of opinion is traditionally stated in broad and general terms, subject to a more or less closed list of exemptions. Stephen says that a witness’s opinion is “deemed to be irrelevant”. A witness may depose to the facts which he has observed, but he may not ordinarily state any inferences which he has drawn from those facts, or opinions founded upon facts of which he has no personal knowledge. The general rule is that the evidence of opinion or belief of a witness is irrelevant because it is the function of a court to draw inferences and form its opinion from the facts; the witnesses give evidence as to the facts and the court forms its opinion from those facts. The opinion of an expert is admissible if it is relevant. It will be relevant if the witness’s skill, training or experience enables him materially to assist the court on matters in which the court itself does not usually have the necessary knowledge to decide. Where the topic is such that an ordinary judicial officer could be expected to be able, unassisted, to draw an inference, expert evidence is superfluous. In principle, there is no rule that a witness cannot give his opinion on an issue that the court has to decide ultimately. It is not experts alone who may give their opinions on ultimate issues but, in practice, there is a strong tendency to regard the evidence of lay persons on ultimate issues as constituting prima facie evidence only. If such lay testimony remains unchallenged, it may be of greater significance. It is generally true that relevant evidence is admissible and irrelevant evidence is inadmissible. At this stage the following question may be posed: is the opinion of any witness – whether from an expert or lay person – admissible evidence? Should an opinion be admitted for purposes of persuading the court to rely on it in deciding the issue at hand? The basic answer is that relevance remains the fundamental test for admissibility. Certain issues simply cannot be decided without expert guidance. Expert opinion evidence is therefore readily received on issues relating to ballistics, engineering, chemistry, medicine, accounting and psychiatry, to mention only a few examples. The problem which arises is this: what is the best way of cross-examining the expert witness? Although the concept of skilful cross-examination conjures up the image of the crossexaminer destroying the expert witness in the witness box, total annihilation of expert evidence in court occurs only rarely. In reality, lawyers who are expected to cross-examine experts are often at a disadvantage in that they do not possess sufficient in-depth knowledge of the specific field of expertise to enable them to cross-examine the witness. Despite the expert nature of the evidence, it is suggested that the true basis of crossexamination should not be abandoned when dealing with experts. The effectiveness of crossexamination is enhanced by keeping the number of questions to a minimum as well as opening and concluding with good strong points. At the outset it should be mentioned that there is a distinction between matters of scientific fact and matters of mere opinion. On matters of scientific fact experts seldom differ but within the province of opinion one encounters difficulties. Lengthy cross-examination concerning expert’s theoretical knowledge is usually inefficient and should rarely be attempted. Cross-examination should be directed at pure logic or scientific analysis. The cross-examiner should always have relevant authority with him in court so as to confront the expert with these. The whole effect of the testimony of an expert witness can also be destroyed by putting the witness to test at the trial as to his qualifications, his experience and his ability and discriminations as an expert. A failure to meet this test renders his evidence nugatory.

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Abu-Baker, Ben-Younis Huda M. "Expert evidence in criminal proceedings : a comparative study (English adversarial and Libyan inquisitorial systems)." Thesis, Manchester Metropolitan University, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.420864.

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Gatta, Andrea. "Towards the Harmonisation of Civil Procedure: Translation in Italian Civil Court Proceedings and the Role of Multilingual Document Templates." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2018. http://amslaurea.unibo.it/17167/.

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Over the past few decades, globalisation, international trade, cross-border investments, travel, and economic and personal relationships between citizens of different countries have had a profound impact on law. An increase in international relationships is inevitably followed by a growth in international and cross-border litigation. Therefore, several initiatives have been launched with the aim of unifying, harmonising, and internationalising civil procedure. Today, the international harmonisation of civil procedure is mainly achieved through soft law instruments, such as the numerous Hague Conventions dedicated to this legal field and the ALI/UNIDROIT Principles of Transnational Civil Procedure. Moreover, in the European Union, harmonisation of civil procedure has reached even more advanced levels across member states. Any party who becomes involved in an international or cross-border dispute naturally needs to understand what is happening around them. Hence, translation is attributed a major role in international civil procedure. This paper will look at translation in civil proceedings, with particular regard to international and transnational disputes which fall under the Italian jurisdiction¬. Its purpose is twofold: 1) the first aim is to propose a potential resource which could facilitate translation in Italian civil proceedings, i.e. multilingual civil court document templates; 2) the second aim is to raise awareness on the importance of translation in international and cross-border disputes and highlight the peculiarities which characterise this particular type of translation and differentiate it from other areas of both general and legal translation. Chapter 1 offers an overview of Italian civil proceedings. Chapter 2 is dedicated to legal translation. Chapter 3 focuses on Italian civil court documents and the use of templates in Italian proceedings. Finally, Chapter 4 presents the German and English translations of six Italian sample templates.

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Van, Tonder Gert Petrus. "The admissibility and evidential weight of electronic evidence in South African legal proceedings: a comparative perspective." University of the Western Cape, 2013. http://hdl.handle.net/11394/4833.

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Magister Legum - LLM This research will analyse legislation, case law, law commission papers and reports, as well as academic commentary on electronic evidence in South Africa, Canada and England. A comparative analysis will be conducted in order to determine whether South Africa is adequately regulating electronic evidence in light of international and foreign law.

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Larocque, François J. "Civil actions for uncivilised acts : transnational human rights proceedings in the common law tradition." Thesis, University of Cambridge, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612088.

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Buhagiar, Lawrence. "The constitution of rape, interrogating the use of therapeutic records as evidence against complainants in sexual assault proceedings." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0027/MQ51308.pdf.

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Kimminau, Jon Alan. "Civil-Military Relations and Strategy: Theory and Evidence." The Ohio State University, 2001. http://rave.ohiolink.edu/etdc/view?acc_num=osu989004370.

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Forstén, Denice. "Parallel Proceedings and the Doctrine of Lis Pendens in International Commercial Arbitration : A comparative study between the common law and civil law traditions." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-253169.

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Slot, Janneke. "An evaluation of the forensic accountant's role in criminal law proceedings / by J. Slot." Thesis, North-West University, 2013. http://hdl.handle.net/10394/9839.

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Forensic accountants are occasionally called upon to assist in criminal law proceedings. The role of the forensic accountant in such proceedings is usually determined during the engagement of the forensic investigation to assist in the matter under investigation. During such investigations, various investigation techniques may be utilised by the forensic accountant in order to convey the facts and findings of the forensic investigation in a written report, drafted by the forensic accountant. When criminal prosecutions are instituted and the forensic accountant is called upon to act as an expert witness, such evidence is mostly based on the findings of the written report. Thus, in giving evidence, the forensic accountant must ensure that the testimony and evidence will be admissible in court and that the forensic accountant is found to be a credible witness. Although there are various legal standards that the forensic accountant must adhere to, the ICFP, which is the South African regulatory body for commercial forensic practitioners, is still in its infancy and has as yet not set any standards with which forensic accountants must comply with when assisting in criminal investigations or drafting written reports. The objective of this study is to highlight the role of the forensic accountant in criminal law proceedings. This objective is reached by clarification of the following: • the difference between a forensic accountant and an auditor; • the techniques available to the forensic accountant when conducting a forensic investigation; • the standards with which a forensic accountant‘s report should comply; and • the forensic accountant‘s role in testimony. The study illustrates the difference between a forensic accountant and an auditor and suggests a definition for a forensic accountant. The study furthermore explores various techniques that the forensic accountant may utilise during the investigation. The study also analyses the legal standards with which a forensic accountant must comply in order to ensure the admissibility of the written report and its findings. In order to achieve this, international regulatory standards applicable to forensic accountants are analysed and discussed. Finally, the role of the forensic accountant in court proceedings is examined. The illustrations in this study will be helpful in determining standards that could be implemented in South Africa to guide forensic accountants in their role in criminal law proceedings. Thesis (MCom (Forensic accountancy))--North-West University, Potchefstroom Campus, 2013.

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Al, Alaween Kamal Abdel Rahim. "Questioning the functional framework for adding new parties to civil proceedings : a comparative study between Scottish rules of civil procedure and the United States federal rules of civil procedure." Thesis, University of Aberdeen, 2004. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU602068.

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This thesis discusses Scottish rules of civil procedure and the United States Federal rules of Civil Procedure relating to four mechanisms of adding new parties to the pending action in the light of certain basic interests. These devices are intervention, third party procedure, interpleader by way of counterclaim and, joinder of parties. The thesis aims to accomplish two basic objectives as follows. First, to identify whether coherence exists between Scottish and the United States Federal laws in respect of the procedural rules which regulate the process of adding new party to civil action. Second, on the basis of identifying whether there is coherence between Scottish and Federal rules underlying the rules for inclusion of additional parties, it aims to study these rules and criteria in the light of three vital interests which are involved in any case when a new party is added to the pending action; the interest of the absentee, the interest of the original parties, and the public interest. Mainly, this thesis addresses the question as to what extent the Scottish and Federal rules of civil procedure accord respect to the above-mentioned interests. There appears to be no existing comprehensive legal and theoretical evaluation that addresses the question as to whether the Scottish and the United States Federal rules for admitting additional parties further or inhibit the proposed balance between the above-mentioned interests appropriately. In addition, the very few comparative studies which address questions of civil procedure in general and comparative procedural law between Scottish and the United States Federal rules in particular, provide an additional backdrop to this research. It is argued that, for the most part, Scottish rules accord respect to the proposed balance of interests to a greater extent than does Federal rules of additional parties. The reasons that Federal rules of additional parties do not accord sufficient respect to the proposed balance of interests as outlined throughout this thesis are due to the following: (i) the categorization of intervention into two lands; intervention of right and permissive intervention (ii) The non-availability of third party procedure for a defender against some one who is liable to a pursuer (iii) Adopting a long process to assert third party procedure against some one who is already a party to the action, (iv) Permitting a defender to assert a remedy of interpleader against the original pursuer and non-parties in the original action which may extend the scope of the original action to include ancillary issues. However, it was argued that in relation to the mechanism "joinder of parties" and for the most part, both Scottish and the United States Federal rules intend to protect similar interests that have been already protected by other procedural vehicles. It is argued that this trend causes particular difficulties such as producing an overlap between the process of adding new parties and may result in anomalous results by giving the same matter different meanings.

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Ploeger, Matthew Brian. "Expert witnesses in federal civil litigation /." Digital version accessible at:, 1998. http://wwwlib.umi.com/cr/utexas/main.

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Othman, Norfarizal. "Employee performance appraisal satisfaction : the case evidence from Brunei's Civil Service." Thesis, University of Manchester, 2014. https://www.research.manchester.ac.uk/portal/en/theses/employee-performance-appraisal-satisfaction-the-case-evidence-from-bruneis-civil-service(4548ffdb-b6d2-481a-9686-060c90617fb0).html.

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Performance appraisal satisfaction is the extent to which the employee perceives performance ratings, which reflect those behaviours that contribute to the organisation. Even though performance appraisal satisfaction is the most frequently measured appraisal reaction, there are relatively few meta-analysis studies which link determinants of appraisal system to satisfaction with employee performance. The focus of this research is to examine the determinants affecting employee performance appraisal satisfaction in the Brunei public sector using data collected from among public sector employees, with particular emphasis on how performance is viewed and measured in the public sector. Data for this research were gathered across ten government ministries in Brunei. This research study adopts a ‘mixed method approach’, which utilises quantitative data supported by qualitative data. The qualitative interviews involved 14 participants, while the main quantitative data had 355 samples. Quantitative data was analysed using descriptive analysis and exploratory factor analysis run on SPSS, while confirmatory factor analysis, path analysis and structural equation modelling were also employed on applied analysis of moment structure (AMOS) to assess the model fit of the study and hypotheses testing. Results indicated that latent constructs (goal-setting and the purposes of performance appraisal; alignment of personal objectives with organisational goals; fairness of the appraisal system; types of performance evaluation measures; format of rating scales; appraiser-appraisee relationship and credibility of appraiser; in-group collectivism; power-distance; and pay-for-performance constructs) were positively and significantly correlated to performance appraisal satisfaction. The results also showed that the goodness of fit indices offered an acceptable fit to Brunei’s data. The study findings advance current knowledge in the performance management domain by extending individual level theory of performance appraisal satisfaction and provide empirical evidence for performance appraisal and employee satisfaction at the individual level in the public sector. This study contributes theoretically by highlighting the unique effects of latent factors on employee performance appraisal satisfaction. The research also contributes in terms of methodology, in that this study contributes to the examination of the predictors of established models of performance management in a country which is culturally different from the environments in which these constructs were developed. This research has filled gaps by testing predictor variables in cross-cultural work settings, which may be useful in generalising these predictors. Furthermore, the examination of the conceptual framework using structural equation modelling is a methodological contribution in its own right. The presence of multivariate normality encourages the assessment of the measurement model by a confirmatory factor approach, using maximum likelihood estimation, which is an additional contribution to the method analysis.

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Rosa, Renato Xavier da Silveira. "Precedentes no processo civil brasileiro: valorização e efetividade." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-12022014-151559/.

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O presente trabalho objetiva estudar sobretudo a valorização dos precedentes no processo civil brasileiro, com especial atenção para os mecanismos indutores da criação de precedentes, observando se há benefícios para a efetividade da tutela jurisdicional. São traçados breves contornos do que constitui um precedente judicial, da ratio decidendi e dos obiter dicta, dos precedentes verticais e horizontais, bem como da classificação das normas segunda sua abstração e generalidade e, por fim, da teoria econômica dos precedentes. Depois, se estudam os principais mecanismos de valorização dos precedentes encontrados no processo civil brasileiro vigente, sobretudo no Código de Processo Civil de 1973 (CPC-73). A seguir, a valorização dos precedentes é estudada do ponto de vista dos conflitos repetitivos, a relação entre demandas que veiculam questões repetitivas, e como isso afeta a indução da criação de precedentes. Ao final, estuda-se com maior atenção o incidente de resolução de demandas repetitivas, previsto no Anteprojeto de Novo Código de Processo Civil, sua origem, institutos similares de outros países e, ainda, eventuais dificuldades ou sugestões de alteração indicadas pelo direito comparado. Conclui-se o trabalho, então, tecendo-se alguns comentários a respeito de como as técnicas de valorização dos precedentes, que induzem a criação de precedentes (como o incidente estudado) poderiam melhor atender ao fim colimado, que é a efetividade da tutela jurisdicional This work aims mainly at the study of the valorization of precedents in Brazilian civil procedure, with special attention to the precedent creation mechanisms, observing if there are benefits for a more effective adjudication (in lieu of the scopes of the jurisdiction). We streamline the main contours of a judicial precedent, its ratio decidendi and obiter dictum, the vertical and horizontal precedents, as well as the classifcation of legal rules according to their abstraction and generality and, at last, the economical theory of precedents. Then, we study the main mechanisms of valorizing precedents in Brazilian civil procedure in force, especially in the Civil Procedure Code of 1973 (CPC-73). Following that line of thought, the valorization of precedents is seen from the viewpoint of the repetitive litigation, the relation between repetitive lawsuits, and then how it afects the inducement of precedent creation. Afterwards, the attention is focused on the to-be-created incident of resolution of repetitive lawsuits (as of the Draft of New Brazilian Civil Procedure Code), its origins, similar mechanisms of other countries, and possible difficulties or recommendations inspired by the foreign law for amendment of the draft. Lastly, the work is closed by shedding some light on how the techniques for valorization of precedents could better serve the aim collimated, which is the effectiveness of jurisdictional protection.

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Cotton, John, and n/a. "The privilege against self-incrimination in civil proceedings between private parties in Australia and New Zealand : is derivative use immunity the answer?" University of Otago. Faculty of Law, 2007. http://adt.otago.ac.nz./public/adt-NZDU20070815.094307.

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This thesis addresses the problem of the privilege against self-incrimination ("the privilege") in civil proceedings between private parties in Australia and New Zealand. This problem has been recognised by judges, law reform bodies and legislators in both countries for twenty years. However, the legislative response has been inadequate. The privilege is easily confused with other related concepts, particularly the right to silence in criminal proceedings. The reasons for the privilege in civil proceedings are not necessarily the same as for the right to silence. Care is therefore taken to define the terminology and scope of the thesis. It sets out the modern law on the privilege in civil proceedings between private parties. It describes how the privilege causes particular problems in those proceedings. It surveys the literature, finding that most of it concerns the right to silence. The thesis draws heavily on the history of the privilege. It argues that, although witness privilege came from the common law, the privilege in interlocutory civil proceedings had its origins in the discretionary remedies devised by the courts of equity. They were sensitive to abuse of their remedies. For the same reason, modern prosecutors should not be encouraged to rely excessively upon evidence acquired through compulsory powers. Derivative use immunity is one of several substitutes suggested for the privilege. The thesis looks at the various substitutes. It concludes that derivative use immunity is the only satisfactory substitute for the privilege in civil proceedings. Derivative use immunity originated in the United States. The thesis looks closely at the American experience. The history and scope of the Fifth Amendment are discussed in detail, particularly the supposed removal of its protection from documents. This will show that the removal of the privilege from documents is not as simple as law reform bodies in Australia and New Zealand suggest. Exaggerated claims have been made by Australian prosecutors about the problems caused by derivative use immunity. The claims are examined in the light of American case-law. This shows that an impossible burden is not imposed on prosecutors. The same point emerges when the thesis examines the operation of derivative use immunity under Australian certification procedures since 1995. Particular procedural and legislative difficulties need to be addressed, particularly when derivative use immunity replaces the privilege in interlocutory proceedings. However, certification by the court has an important advantage. The court�s exercise of its discretion provides the flexibility which automatic statutory immunity lacks. The question in the title is therefore answered in the affirmative. Derivative use immunity under a statutory certification procedure can provide the answer. Cooperation between the Commonwealth and States may be needed to overcome constitutional difficulties, but most other problems can be overcome if derivative use immunity is given a sound statutory basis.

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BALESTRI, SARA. "NATURAL RESOURCES AND CIVIL CONFLICT INTENSITY: EVIDENCE FROM A SPATIALLY DISAGGREGATED ANALYSIS." Doctoral thesis, Università Cattolica del Sacro Cuore, 2012. http://hdl.handle.net/10280/1391.

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Utilizzando un modello ZTNB, questa analisi verifica empiricamente come la presenza di oro, pietre preziose, droghe e idrocarburi possa interagire con l'intensità di un conflitto civile. Si propone un'analisi disaggregata a livello spaziale che permette di esplorare la presenza di tali risorse naturali all'interno delle zone coinvolte da conflitti. I dati sui depositi di oro sono stati estratti da un dataset originale che codifica la presenza globale della risorsa attraverso coordinate geografiche. I risultati ottenuti suggeriscono che le produzioni di oro, pietre preziose e idrocarburi tendono ad aumentare la durata del conflitto così come la sua intensità, mentre la coltivazione di droghe riduce il numero totale di morti. I risultati sono considerevolmente distorti quando la presenza di risorse naturali è codificata a livello paese e non più a livello delle aree di conflitto, a conferma della validità dell'approccio disaggregato applicato. Il risultato generale è che la collocazione e la tipologia delle risorse sono elementi fondamentali per definire l'impatto sull'intensità dei conflitti, poiché l'essere depredabili ed effettivamente accessibili può determinare in quale misura i ricavi delle stesse risorse possano essere deviati a sostegno dei costi militari o a fini privati. Infine, questa analisi conferma che la disponibilità di risorse naturali influenza l'intensità di un conflitto civile modificando gli incentivi dei combattenti, e che le tipologie di risorse e la loro posizione geografica sono elementi critici nel determinare la violenza dei conflitti. By using a ZTNB model, this analysis empirically tests whether the presence of gold, gemstones, drugs and hydrocarbons interact with civil conflict intensity. I propose a spatially disaggregated analysis which allows to explore the presence of such natural resources within the zones involved by conflicts. Data on gold deposits are extracted from an original dataset which codes the global presence of gold resource through geographic coordinates. The results obtained suggest that gold, gemstones and hydrocarbons productions tend to increase conflict duration as well as its intensity, whereas drug cultivation reduces the number of total conflict deaths. Conversely, the outcomes are seriously affected when I shift natural resources variables from conflict level data to country level data, confirming the validity of the spatially disaggregated approach applied. The general finding is that the location and type of resources are crucial to define their impact on conflict intensity, since their lootability and accessibility can largely determine to what extent natural resource revenues can be diverted and misused during wartime. Above all, this analysis confirms that the availability of natural resources affects civil conflict intensity by altering fighters incentives, and that resources types and geographical location matter in determining conflict violence.

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Sousa, Ana Paula Nascimento dos Reis. "Da prova emprestada no Processo Civil." Pontifícia Universidade Católica de São Paulo, 2015. https://tede2.pucsp.br/handle/handle/6790.

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Made available in DSpace on 2016-04-26T20:23:41Z (GMT). No. of bitstreams: 1 Ana Paula Nascimento dos Reis Sousa.pdf: 599947 bytes, checksum: e737605239782afcf3dabbd7ad72f3e9 (MD5) Previous issue date: 2015-05-19 The present dissertation has the pretension to analyze the acceptability of lent evidence in the light of constitutional principles and, for this purpose, the polemic matters regarding the topic will be analyzed, aiming to demonstrate whether the usage of lent evidence harms the immediacy, contradiction or broad defense principles, amongst others. In this sense, the discussion regarding the lent evidence institute will be delimited, as well as its requirements, assumption, apprisement, validity and juridical nature, highlighting the polemic aspects within the theme, making considerations on determined controversies, those being the acceptance of illicit evidence as lent evidence, as well as the application of the proportionality considering the lent evidence institute. Finally, it was sought to point out the main ideas regarding the new Code of Civil Procedure, specifically to the illicit evidence theme, which is related to the lent evidence institute A presente dissertação tem a pretensão de analisar a admissibilidade da prova emprestada à luz dos princípios constitucionais, e para tanto, serão analisadas as questões polêmicas acerca do tema, objetivando demonstrar se a utilização da prova emprestada fere o princípio da imediatidade, ou do contraditório e da ampla defesa, dentre outros. Nesse sentido, será delimitada a discussão acerca do instituto da prova emprestada, bem como acerca da sua admissibilidade, fundamentação, forma de ingresso, além de seus requisitos, pressupostos, valoração, validade e natureza jurídica, ressaltando-se os aspectos polêmicos acerca do tema, tecendo considerações sobre determinadas controvérsias, quais sejam, a aceitação de prova ilícita como prova emprestada, assim como a aplicação da proporcionalidade no que tange ao instituto da prova emprestada. Por fim, buscou-se apontar os principais pontos sobre o novo Código de Processo Civil, especificadamente ao tema da prova ilícita, o qual tem relação com o instituto da prova emprestada

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Barker, Jessica. "Civil society's role in health system monitoring and strengthening : evidence from Khayelitsha, South Africa." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15506.

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Introduction: Historically in South Africa, civil society has played a key role within the health system, including advocating for equitable and quality health care services. The purpose of this research is to explore the implementation of a pilot health systems strengthening intervention in primary health facilities in Khayelitsha, South Africa. The study is built on Treatment Action Campaign, a civil society organization, which has recently implemented a health system monitoring tool within health care facilities in Khayelitsha. Specifically, this study considers the functioning and potential impact of the monitoring tool introduced as a community accountability mechanism at the local level. The development and implementation of the monitoring tool can also be seen as part of a policy implementation process. Methods: Using an action research approach, the researcher engaged with implementing actors in the development and implementation of the monitoring tool. Qualitative methods were used to explore: the understandings of various stakeholders about the tool, their interests or concerns, potential positions, power and influence on its implementation. Quantitative data allowed for the ability to track potential improvements in clinic performance in terms of operational research. The challenges during tool development and implementation and how these were overcome were also explored. Results: Analysis of the stakeholders demonstrated how actors exerted their power in various ways to influence the development and implementation of the tool. Results suggest it can be an empowering process for members of civil society and there is a role for civil society in improving health system performance. Findings have highlighted the need for civil society organization monitoring tools to be not only methodologically sound but, more importantly, accepted by the activist. If carefully considered and driven by civil society itself, rather than imposed, there does seem to be some tentative examples of service delivery improvement and scope for their engagement. Conclusions: The findings offer relevant and useful insights for understanding how this tool acts as an accountability mechanism at a local level within Khayelitsha sub-district. Such findings may have implications for further adaptations to the tool, potential scale-up by Treatment Action Campaign and for other low and middle income contexts.

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Song, Junfeng. "Surface and topography metrology in firearm evidence identification and engineering surface quality control." Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/93631/.

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This thesis is a topical review on the application of Surface and Topography Metrology in Firearm Evidence Identification and Engineering Surface Quality Control. It summarizes my research work at the National Institute of Standards and Technology (NIST) from 1987 to present, where I’m a Project Lead for the Forensic Topography and Surface Metrology since 1997. I started my research in surface metrology since 1982 -- after my MS study at the Harbin Institute of Technology (HIT, Harbin, China) from 1978 to 1981. In 1985, I designed, manufactured and patented the Precision Random Profile Roughness Specimens in Beijing aimed to provide a reference standard for quality control of smooth engineering surfaces [1]. These specimens were manufactured with Ra values ranging from 0.015 μm to 0.1 μm -- less than 1/10 of the similar specimens developed by PTB (Physikalisch-Technische Bundesanstalt) in Germany. These specimens were successfully used by U.S. manufacturers for measurement unification and quality control of smooth engineering surfaces, and were included in ASME B46 surface standard in 1995. Microform metrology is a subfield of surface metrology that involves surface measurements of complex geometry features on the micrometer scale. In 1995, I led a team at NIST which established a Microform Calibration System with the lowest calibration uncertainty in the world for calibration of Rockwell hardness (HR) diamond indenters. Based on the precision calibration of HR indenters and the control of other influencing quantities, I proposed a “Metrological Approach” to unifying international HRC scales with metrological traceability. I led an international HRC comparison among five National Metrological Institutes (NMIs). The comparison results strongly supported the proposed Metrological Approach. I drafted a joint paper for five NMIs entitled “Establishing a worldwide unified Rockwell hardness scale with metrological traceability” which was published at the Metrologia 34, 1997 in Paris [4]. Surface and topography metrology provides strong support to firearm evidence identifications. Based on my experience in developing surface standards, measurement systems, uncertainty and traceability procedures, I led a research team which developed the NIST Standard II Reference Material (SRM) Bullets and Cartridge Cases, and the NIST 2D/3D Topography Measurement System [5]. We formulated a National Traceability and Quality System using the SRM Bullets and Cartridge Cases to support ballistics identifications within the National Integrated Ballistics Information Network (NIBIN) in the United States [6]. I have recently invented a Congruent Match Cells (CMC) method for accurate ballistics identification and error rate estimation [7], which can serve as a statistical foundation for estimating error rates in firearm evidence identifications, thus emulating methods used for forensic identification of DNA evidences [8].

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Faidherbe, Julien. "Contribution à l’analyse de la justice restaurative." Thesis, Lille, 2019. http://www.theses.fr/2019LIL2D006.

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L’idée centrale de notre paradigme juridique est qu’une peine juste devrait être celle qui régénère les liens sociaux blessés par le crime. Si l’édifice de la justice des hommes a connu de nombreuses transformations, les éclairages historiques et philosophiques demeurent indispensables pour étudier la délicate question du sens de la peine. Les sciences criminelles doivent ainsi prendre en compte les intérêts de la société, de l’auteur de l’infraction ainsi que ceux de la victime. En ce sens, la loi du 15 août 2014 relative à l’individualisation des peines et renforçant l’efficacité des sanctions pénales prévoit, pour la première fois en droit positif, un texte consacré à la justice restaurative. L’objet de celle-ci consiste à permettre de restaurer le lien social rompu par la commission d’une infraction en offrant la possibilité à l’auteur des faits de rencontrer la victime. Réparer le préjudice causé à la victime, réinsérer l’auteur de l’infraction dans la société, rétablir la paix sociale et prévenir la récidive : tels sont les objectifs de la justice restaurative. L’étude particulière de l’article 10-1 du Code de procédure pénale soulève pour autant deux questions essentielles : La justice restaurative est-elle envisageable dans le cadre de toute procédure pénale ? La justice restaurative peut-elle trouver sa place à tous les stades de la procédure ? Pour permettre à la réflexion théorique de se nourrir des réalités concrètes, il convient de s’interroger sur les règles de procédure qui pourraient permettre d’encadrer rigoureusement la justice restaurative afin que, débarrassée de l’image utopique dont elle pourrait être affublée, elle puisse devenir un mécanisme juridique efficace The core idea of our legal paradigm is that a fair sentence should be one that regenerates the social links wounded by crime. If the justice built by men has known many transformations, the historical and philosophical enlightenings remain essential to study the tricky question of the « sentence’s meaning ». Thus criminal sciences must take into account the interests of the society, of the offender as much as the victim’s. In this sense, the law of August 15, 2014 on the sentences’ individualization and reinforcing the penal sanctions’ efficiency, provides, for the first time in substantive law, a text dedicated to restorative justice. The purpose of this law consists in allowing to restore the social link broken by the commission of an offense by offering the offender the opportunity to meet the victim. To repair prejudice caused to victims, to reintegrate offenders in the society, to restore social peace and to prevent recidivism : those are the restorative objectives of justice. The particular study of article 10-1 of the Code of criminal proceedings raises two essential issues : is restorative justice possible in any criminal proceedings ? Can restorative justice find its place at each and every stage of the procedure ? In order to allow the theoretical reflexion to feed from practical realities, questions must be asked about the proceedings rules which could help producing a strict framework for restorative justice so that, freed from the utopian image from which restorative justice could be burdened with, it may become an efficient legal mechanism

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He, He S. M. Massachusetts Institute of Technology. "Representing accessibility in long-term household decisions evidence from vehicle ownership and residential location-related choice models." Thesis, Massachusetts Institute of Technology, 2018. http://hdl.handle.net/1721.1/120646.

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Thesis: S.M. in Transportation, Massachusetts Institute of Technology, Department of Civil and Environmental Engineering, 2018. Cataloged from PDF version of thesis. Includes bibliographical references (pages 80-83). This study examines variations in representing accessibility and how well these representations reflect people's preferences for accessibility as observed in their behaviour in long-term transportation and location-related decisions. Specifically, we estimate household vehicle ownership models and real estate market price models with different measures of accessibility. Better performing accessibility measures are better representations of accessibility - at least for the purposes of explaining the modelled behaviour. We compare gravity-based accessibility, an aggregate measure of potential; trip-based accessibility, a disaggregate measure of utility; and activity-based accessibility, a disaggregate measure of utility that also captures the effect of individuals' activity schedules. We find that (1) disaggregate accessibility perform better in explaining disaggregate (e.g. household-level) behaviour; (2) although measures of potential can be useful as performance indicators, people and market behaviour are better explained by measures of utility; and (3) the current formulation of the activity-based accessibility measure performs no better than the trip-based measure, likely due to imperfections in its operationalization in the relevant models, e.g., inadequate in its representation of activity schedule effects.. We then examine activity-based accessibility in more detail. In particular, we consider different interpretations by changing its benchmark, i.e. the hypothetical scenario relative to which benefits are measured. Furthermore, we examine the effects of measuring accessibility in units of time or money instead of utility. For benchmarks, we find that using a "no out-of-home activity participation"-scenario appears most appropriate. For rescaling, the most appropriate unit of measure depends on the explained behaviour. For example, for explaining the market price of real estate, which itself is measured in dollars, dollar-scaled accessibility performed best. The overall takeaway from these tests is that a single "best" measure of accessibility does not necessarily exist; different measures have their own advantages and limitations vis-à-vis theoretical appeal, data requirements, communicability, etc. What is imperative is that we understand what each measure actually captures and that this aligns with the purpose for which we use it. Finally, we examine the limitations of the estimation of the real estate willingness-to-pay function in SimMobility's bidding model, and propose an alternative estimation method. by He He. S.M. in Transportation

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Mattos, Ricardo Nemes de. "O poder do advogado na condução do processo civil: propostas para ampliação." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/2/2137/tde-03082012-155129/.

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A doutrina acadêmica pouco cuida do estudo da atuação do advogado no processo civil, especialmente porque o tema produz imediata associação à deontologia da profissão forense ou, alternativamente, a discussão sobre os honorários advocatícios. O presente trabalho foge dessa associação e busca analisar os aspectos da atuação do advogado no processo civil como personagem ativo da condução do processo. Se há pouco tempo lutava-se pela atuação e dinamismo do juiz para o alcance de uma melhor justiça e se, por meio das diversas reformas processuais, buscou-se o aumento da celeridade processual, agora é o momento da valorização do advogado para o aprimoramento desses dois aspectos. O estudo tem por objetivo demonstrar que a valorização da advocacia como entidade indispensável à realização da justiça pode efetivamente contribuir para a melhora do processo civil, fornecendo esteio para obtenção da tão desejada justiça justa e rápida. A tese se divide em três partes: inicialmente há uma releitura dos institutos fundamentais do processo que, sem repetir informações de conhecimento notório, demonstra a possibilidade de realce da ação e da defesa institutos nos quais a participação do advogado se destaca sem, contudo, retirar a jurisdição do centro da teoria processual. Na segunda parte, o termo condução é analisado com viés ampliativo, assentando o entendimento de que, de fato, não cabe somente ao juiz a direção do processo, pois se levada esta idéia ao extremo, somente haveria condução pelo juiz nos sistemas em que vigorasse o case management. Por fim, na última parte, o papel do advogado é colocado em pauta e, durante a exposição, são feitas propostas para o aprimoramento do nosso sistema processual civil. Ainda que algumas das propostas possam ser factíveis apenas quando nosso sistema e nossa sociedade alcançarem um maior grau de maturidade, todas elas partem de pressupostos que podem ser colocados em prática de imediato. The study of the lawyers´ role in civil proceedings is poorly taken by the academic doctrine, especially because the matter in discussion is often associated to the ethics of the profession or, alternatively, to a discussion of the lawyers´ fees. The present study disregards this association and tries to examine aspects of the lawyers´ role in civil process as an active character on the procedure management. Few years ago, the academic studies spent relevant time searching for the amplification on the performance and dynamism of the judge to reach a better justice and, after some changes on the procedure laws with the purposes of accelerating the procedures phases, now is the time for a recovery of the advocacy as a profession, based on which we will be able to improve these two aspects. The purpose of the present study is to demonstrate the enhancement of advocacy, as a vital corporation to achieve justice, and how it can effectively contribute on the improvement of the civil procedure itself, providing grounds for the much desired fair and quick justice achievement. The thesis is divided into three parts: first, there is a reassessment of the fundamental institutes of the process which, without repeating well-known information, demonstrates the ability to highlight the action and the defense - in which the participation of the lawyer stands out - without, however, withdrawing the jurisdiction from the center of the procedural theory. In the second part, the term management (condução) is analyzed with enlarged bias, with the understanding that, in fact, the judge is not the only one responsible for leading the process. The reasoning is that, if this idea is led to the extreme, only in the systems where the case management exists the judge will be able to exclusively lead the process. Finally, the last part, the role of the lawyer is put in the agenda, and during the explanation, proposals are made to improve our system of civil procedure. While some of the proposals may be feasible only when our system and our society achieve a greater degree of maturity, they all start from assumptions that may be put into practice immediately.

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32

Zhang, Qiang. "Appearance modelling, pathology classification and evidence pinpointing for medical image analysis." Thesis, University of Warwick, 2017. http://wrap.warwick.ac.uk/95311/.

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We propose several methods to address the tasks of appearance representation, variation modelling, landmark detection, pathology classification and evidence pinpointing in medical image analysis. Object class representation is one of the key steps in various medical image understanding techniques. We propose a part-based parametric appearance model built on Gaussian pyramids we refer to as a Deformable Appearance Model (DAP). A DAP models the variability within a population with local translations of multiscale parts and linear appearance variations of the assembly of the parts. The fitting process uses a two-step iterative strategy: local landmark searching followed by shape regularisation. We present a simultaneous local feature searching and appearance fitting algorithm based on the weighted Lucas-Kanade (LK) method. A shape regulariser is derived to calculate the maximum likelihood shape with respect to the prior and multiple landmark candidates from multi-scale parts, with a compact closed-form solution. We apply the DAP for the tasks of variation modelling and landmark detection. To reduce the redundancy in the representation, we further propose to replace the Gaussian pyramids with wavelet pyramids in the DAPs. The new appearance model is referred to as a Wavelet Appearance Pyramid (WAP). Logarithmic wavelets are adopted to decompose the images into pyramidal complementary channels, each of which represents the image with simple textures at a given scale. The complementary property of the wavelets allows the reconstruction of the object appearance from the image channels. The Supervised Descent Method (SDM) is adopted to model implicitly the prior knowledge and fit the model to new instances. We apply the WAPs for the tasks of landmark detection and pathology classification. To learn on large scale datasets annotated with only class labels and no landmarks, we propose a weakly-supervised method utilising the theories of sparse learning and stochastic optimisation. We pay attention to identifying which specific regions and features of images contribute to a certain classification. In the medical imaging scenario, these can be the evidence regions where abnormalities are most likely to appear, and the discriminative features of these regions supporting the pathology classification. The learning is weakly-supervised requiring only the pathological labelling of the data by clinicians and no other prior knowledge. It can also be applied to learn the salient description of an anatomy discriminative from background, in order to localise the anatomy before a classification step. We formulate evidence pinpointing as a sparse descriptor learning problem. Because of the large computational complexity, the objective function is composed in a stochastic way and is optimised by the Regularised Dual Averaging (RDA) algorithm. We apply the evidence pinpointing method for the tasks of anatomy localisation and pathology classification. We test our object representation and evidence pinpointing methods on the problem of Lumbar Spinal Stenosis (LSS). We validate the performance of DAPs and WAPs on around 200 studies consisting of routine axial and sagittal MRI scans. Intervertebral sagittal and parasagittal cross-sections are typically inspected for the diagnosis of LSS, we therefore build the appearance models on L3/4, L4/5 and L5/S1 axial cross-sections and parasagittal slices. For the task of landmark detection, experiments validate the performance of the DAPs as promising in terms of convergence range, robustness to local minima and segmentation precision compared with conventional shape and appearance models. A further improvement using WAPs is observed in landmark detection and pathology classification. We validate the evidence pinpointing method on three weakly annotated datasets on 600 axial images. Experiments show that compared with supervised methods trained with labels and landmarks, our method gives favourable results trained on larger scale data with only class labels, which demonstrates the learning ability of our method under weak-supervision.

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Mermoz, Vincent. "Les indices en procédure pénale." Thesis, Université Paris-Saclay (ComUE), 2019. http://www.theses.fr/2019SACLS094/document.

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Prenant jadis la forme d’un « signe de divinité » sous le règne des ordalies, l’indice désignerait dorénavant tout « événement, objets ou traces » amené à forger la conviction du juge. Les traits de l’indice se reconnaissent ainsi à la capacité qu’il possède de rendre possible le fait recherché. En ce sens, l’indice ne peut – aujourd’hui comme hier – indiquer directement la culpabilité, bien qu’il demeure – depuis toujours – en capacité de faire présumer l’imputabilité du fait prohibé à l’encontre des personnes suspectées. Les effets attachés à l’indice sont convoités de tout temps, sans pourtant que quiconque ne parvienne à les expliquer. L’indice rend possible, dispose d’un pouvoir spécifique et s’intègre parfaitement au sein du raisonnement dialectique intrinsèque à la matière juridique. Les juristes usent des présomptions fondées sur l’indice aux fins de compenser les lacunes inhérentes à la preuve en matière pénale. Indéniablement, l’indice occupe une place centrale dans le processus probatoire. Néanmoins, un constat de carence s’impose : les raisons pour lesquelles l’indice produit cet effet à la fois si caractéristique et par là même si commun, ne sont jamais explicitées. Sans doute trop prosaïque, l’indice s’est éclipsé à l’arrière-plan d’une preuve pénale devenue prépondérante par la gravité des conséquences juridiques qu’elle justifie. Un regard cette fois plus aiguisé aurait néanmoins pressenti l’enjeu universel d’une telle notion : depuis toujours, l’indice constitue le socle de la preuve. Fondements d’une réalité morcelée que la justice souhaite reconstituer, les indices jalonnent le cheminement procédural jusqu’à l’obtention d’une preuve. Les différentes phases de la procédure pénale s’organisent au rythme des indices interprétés, autant qu’ils forgent une conviction sur le déroulement des faits prohibés. L’intime conviction ancre de fait l’interprétation de l’indice au cœur de la preuve pénale et, avec elle, la perfectibilité d’une construction humaine au centre de la procédure pénale Once taking the form of a "sign of divinity" in the trial by ordeal, the clue would henceforth designate any "event, object or trace" that might forge the judge's conviction. The characteristics of the clue can thus be recognized by its ability to make the desired result possible. In this sense, the clue cannot – today as in the past – directly indicate guilt, although it has always been able to allow for the presumption that the prohibited fact is imputable to suspects. The effects of the clue have always been sought after, without anyone ever being able to explain them. The clue makes possible, has specific power and fits perfectly into the dialectical reasoning inherent in the legal field.Lawyers use clue-based presumptions to compensate for the deficiencies inherent in criminal evidence. Undeniably, the clue occupies a central place in the probationary process. Nevertheless, a finding of deficiency is inevitable: the reasons why the clue produces this effect, which is so characteristic and therefore so common, are never explained. Undoubtedly too prosaic, the clue has vanished into the background of criminal evidence that has become preponderant because of the seriousness of the legal consequences it justifies. A sharper look this time would nevertheless have foreshadowed the universal importance of such a notion: since time immemorial, the clue has been the foundation of proof. As the foundations of a fragmented reality that the justice system wishes to reconstruct, the clues mark out the procedural path until evidence is obtained. The various phases of criminal proceedings are organised according to the rhythm of the interpreted clues, as much as they forge a conviction about the conduct of the prohibited acts. The intimate conviction in fact anchors the interpretation of the clue at the heart of the criminal evidence and, with it, the perfectibility of a human construction at the centre of criminal procedure

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Hungria, Denise Ferragi. "Análise da prova emprestada no processo civil." Pontifícia Universidade Católica de São Paulo, 2012. https://tede2.pucsp.br/handle/handle/6057.

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Made available in DSpace on 2016-04-26T20:21:27Z (GMT). No. of bitstreams: 1 Denise Ferragi Hungria.pdf: 483141 bytes, checksum: 1268c1617ae10b970e9ac89319482782 (MD5) Previous issue date: 2012-11-23 This Master of Laws dissertation intend to present the practical side of the actual application of the lent evidence in the civil procedure, however is not included in our Code of Civil Procedure, has a widespread use in our legal system. The fundamental objective was to extract from the theoretical and abstract concepts the possibility to use in forensic practice the institute able to facilitate the law operator in searching of a effective protection, and of judicial economy and procedural celerity, mainly due to the constant pursuit of equity. We believe that we are positively contributing for the development of procedural laws, specially in the application of lent evidence in the brazilian legal system. On the other hand, search is also pointing out that because of the recent reforms of the Code of Civil Procedure, it is necessary to revisit the topic (lent evidence) to better fit it in the current dynamics of the Brazilian Civil Procedure, so that to avoid repetitive proofs unnecessary and contributes to the speed and procedural economy A presente dissertação de mestrado pretende apresentar a faceta da atual aplicação da prova emprestada no processo civil, que embora não tipificada em nosso Código de Processo Civil, possui vasta utilização em nosso ordenamento jurídico. O objetivo fundamental foi extrair dos conceitos teóricos e abstratos a possibilidade de se utilizar na prática forense um instituto capaz de facilitar o operador do Direito, em busca da tutela efetiva, da economia e da celeridade processual, sobretudo em função da busca constante pela equidade. Acreditamos estar, assim, contribuindo positivamente para o aprimoramento e avanço do direito processual, em especial na aplicação da prova emprestada. Busca-se, por outro lado, também ressaltar, que em função das recentes reformas do Código de Processo Civil, faz-se necessária a revisitação do tema (prova emprestada) para melhor enquadrálo na atual dinâmica do processo civil brasileiro, na medida em que evitar provas repetitivas e desnecessárias contribui para a celeridade e a economia processuais

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Caponi, Remo. "The performance of Italian civil justice system: an empirical assessment." IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122486.

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The unreasonable length of Italian civil proceedings goes on filling pages of newspapers and magazines. According to some authoritative views, the inefficiency of the civil justice system helps explain why the Italian model legislation on civil proceedings, as well as its academic research, are not as influential on the European scene as they were in the past. It is interesting to note that an opposed thesis has pointed out that the Italian procedurallaw and recent researches in civil proceedings lack a clear, up-to-date, principle-oriented and comprehensive approach towards problems and challenges that contemporary civil justice systems face today. Such an outdated and overly complicated approach might contribute to the inefficiency of the Italian civiljustice system. The Italian Law Journal, which aims to both spread knowledge (and criticism) of the Italian legal system and foster international debate among lawyers of different traditions, may be an appropriate venue for deepening our understanding of the current performance of the Italian civil justice system. Itmay, in particular, assist in ascertaining the major causes of the inefficiencies, with a view to assessing (in a subsequent article) if the prevailing way of thinking of legal scholars may, in the end, exacerbate the relevant problems. La longitud poco razonable de los procesos civiles italianos continúa llenando páginas de periódicos y revistas. De acuerdo con algunas opiniones autorizadas, la ineficiencia del sistema de justicia civil ayuda a explicar el motivo por el cual el modelo italiano de legislación en materia de procedimiento civil, así como su investigación académica, no sean tan influyentes en la escena europea como lo fueron en el pasado. Es interesante notar que una tesis opuesta ha señalado que el derecho procesal italiano y las investigaciones recientes sobre el proceso civil carecen de un enfoque claro, integral, actualizado y orientado por principios sobre los problemas y desafíos que el sistema de justicia civil afronta actualmente. Tal enfoque anticuado y demasiado complicado podría contribuir a la ineficiencia del sistema de justicia civil italiano. El Italian Law Journal, cuyo objetivo es la difusión de conocimiento (y crítica) del sistema legal italiano y la promoción del debate internacional entre abogados de distintas tradiciones, puede ser un modo apropiado para profundizar nuestra comprensión del desempeño actual del sistema de justicia civil italiano. Puede, en particular, ayudar a determinar las principales causas de las ineficiencias con el fin de evaluar (en un artículo posterior) si la forma predominante de pensamiento de los estudiosos del derecho posiblemente, al final, exacerba problemas relevantes.

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Brinkmann, Christian Moritz. "Probability and conviction -- irreconcilable concepts or two sides of the same coin? : a comparative analysis of the standard of proof in civil matters." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80911.

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This thesis questions the widespread proposition that the civilian standard of proof in civil matters is considerably higher than the corresponding standard in the Common Law. Instead, it is argued here that the "odd differences" in the formulae employed to describe it "are merely a matter of words". Conceptually, both legal traditions combine the subjective element of a belief in the truth with the objective requirement of warrant for this belief in the evidence presented. The trier's belief that a certain statement is true has to be reasonably inferable from the evidence. In both traditions the standard is not fixed in the sense that it depends on a variety of factors relevant to the specific case, such as whether evidence is amply available, or whether only testimonial evidence can be adduced. This approach to the standard of proof is also followed by the Principles and Rules for Transnational Civil Procedure developed in 2002 by the American Law Institute (ALI) and UNIDROIT. Their treatment of the standard of proof appears to be a synthesis of the Common and Civil Law approaches.

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Melo, Ricardo Procópio Bandeira de. "Partes no processo civil: conceito, posição jurídica e comportamento." Pontifícia Universidade Católica de São Paulo, 2009. https://tede2.pucsp.br/handle/handle/8420.

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Made available in DSpace on 2016-04-26T20:28:22Z (GMT). No. of bitstreams: 1 Ricardo Procopio Bandeiras de Melo.pdf: 986521 bytes, checksum: f260392d88cf541853105b759c0a50e2 (MD5) Previous issue date: 2009-02-02 This thesis focuses on the study of parties in civil proceedings, in the face of the institutes that revisits the theory of the process, with emphasis on procedural assumptions, aiming to understand some of the different phenomena related to those subject of the proceeding. The entire focus of the theme is based on a conception genuinely procedural of the part. This allows better viewing of several procedural institutes that have generated controversy in its theoretical understanding and practical application, as the representation, assistance, the succession of parties and the exceptional figure of extraordinary legitimacy, in which is contained in the institute of the replacement procedural. The methodology also promotes understanding of various positions that the parties take in relation procedural. Also deals the conduct of the parties, with regard to their duties, burdens and obligation, always taking on the ethics parameter, seeking the effectiveness of court activity Esta dissertação centra-se no estudo das partes no processo civil, em face do que revisita institutos da teoria geral do processo, com ênfase nos pressupostos processuais, objetivando compreender alguns dos diversos fenômenos ligados aos referidos sujeitos do processo. Todo o enfoque do tema tem como fundamento uma concepção genuinamente processual da parte. Isso permite uma melhor visualização de vários institutos processuais que têm gerado controvérsias na sua compreensão teórica e aplicação prática, como a representação, a assistência, a sucessão das partes e a excepcional figura da legitimação extraordinária, na qual está contido o instituto da substituição processual. A metodologia também favorece a compreensão das posições diversas que as partes assumem na relação processual. Aborda-se, ainda, o comportamento das partes, no que toca aos seus deveres, ônus e obrigações, sempre tendo por parâmetro a ética, visando à efetividade da atividade jurisdicional

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Stojetz, Wolfgang [Verfasser], Nikolaus [Gutachter] Wolf, and Tilman [Gutachter] Brück. "War and behavior : evidence from Angolan Civil War veterans / Wolfgang Stojetz ; Gutachter: Nikolaus Wolf, Tilman Brück." Berlin : Humboldt Universität zu Berlin, Wirtschaftswissenschaftliche Fakultät, 2017. http://d-nb.info/1130698521/34.

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Azário, Márcia Pereira. "Dinamicização da distribuição do ônus da prova no processo civil brasileiro." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2006. http://hdl.handle.net/10183/7478.

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Esta dissertação tem como objetivo principal analisar o cabimento, no direito processual brasileiro, de uma distribuição dinâmica das regras do ônus da prova. Na primeira parte, são analisados o conceito, o objeto e a finalidade da prova, com apontamento da distinção entre fontes e meios. Após, são estudados o conceito de ônus da prova e sua distinção da obrigação, dando ênfase aos seus aspectos objetivo e subjetivo e às principais teorias, antigas e modernas, que tratam dos critérios para a distribuição do ônus da prova. Estudou-se, em seguida, os principais fenômenos relacionados ao ônus da prova, quais sejam a distribuição, cuja regra geral está no art. 333 do CPC, e a redistribuição como gênero, tendo com espécies a redistribuição strictu sensu, cabível em casos de probatio diabolica e em excepcionais casos em que a prova se apresenta difícil por fatores externos ao processo, e a inversão, cujo exemplo, no direito pátrio, é o art. 6o, inc. VIII, do CDC. Na segunda parte do trabalho, são apresentadas duas novas teorias sobre a distribuição do ônus da prova: a visão solidarista do ônus da prova e a teoria dinâmica dos ônus probatórios. Por fim, ante a necessidade de flexibilização das atuais regras gerais de distribuição do ônus da prova e, ao mesmo tempo, controle do excessivo subjetivismo judicial, analisa-se o cabimento da aplicação da teoria dinâmica no direito brasileiro, apontando-se os parâmetros para a decisão judicial que a aplique. Do estudo, concluiu-se que o direito processual brasileiro admite a aplicação da teoria dinâmica dos ônus probatórios em face da incidência do princípio da igualdade, dos poderes instrutórios do juiz e do dever de lealdade, boa-fé e colaboração das partes. Concluiuse, ainda, que embora possa acontecer em momento diverso, o momento mais oportuno para a ocorrência da redistribuição do ônus da prova é a audiência preliminar, não podendo se verificar, em nenhuma hipótese, surpresa às partes, sob pena de ferimento ao princípio do contraditório. Quanto à decisão judicial que aplica a teoria dinâmica, deve esta levar em conta que tal aplicação é de caráter excepcionalíssimo, devendo ser bem fundamentada. This study has the purpose of analyzing a dynamic employment of the burden of proof in the Brazilian Procedural Law. In the first part of this study, the concept and object and the evidence are analyzed through distinguishing sources and ways. Afterwards, the concept of burden of proof and its difference from obligation are studied based on subjective and objective aspects of dominant old and modern theories. We also examined the main phenomena relating to the burden of proof in general presented on the art. 333 Brazilian Procedural Code, the presentation of the burden of proof strict sensu in case of probatio diabolica and the shifting of burden of proof based on the art. 6, inc.VII, Brazilian Consumption Code. In the second part of the study, two theories related to the shifting of the burden of proof are presented. Based on those two theories, we came to the conclusion that a more dynamic way of applying the general rules for shifting the burden of proof and excessive control of judicial subjectivism is necessary to reach fairness. Finally, we concluded that the Brazilian Procedural Law allows the application of the dynamic theory of burden of proof based on the principle of equity, discretion, loyalty, good faith and the collaboration of the parties. Besides, the best moment to submit some evidence for the shifting of the burden of proof is over the course of a hearing. The decision shall be based on legal matters, facts and principles due to the fact that the dynamic theory to analyze evidence in case of shifting the burden of proof is used in special cases.

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Klimtová, Alena. "Dokazování v civilním procesu." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-297823.

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Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...

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Trojan, Tomáš. "Dokazovaní v civilním procesu." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-305484.

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As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...

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Tejrovský, Jan. "Dokazování v civilním procesu." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-329839.

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The topic of my thesis is evidence in civil proceedings. I chose this topic, because evidence is one of the basic parts of the civil procedure and it has a direct influence on court's decision in the matter. The court decides in the matter on the ground of factual findings, which gets within the evidence procedure. That is why the knowledge of evidence procedure is important for practice. The aim of the thesis is to analyse fundamental issues of evidence in civil proceedings and compare theoretical knowledge with judicature of the courts, especially of the Supreme Court of the Czech Republic and the Constitutional Court of the Czech Republic. The thesis especially focuses on the issue, how the form of evidence procedure is influenced by principles of civil proceeding. The thesis is composed of seven chapters. Chapter One is Introduction and Chapter Seven is Conclusion. The rest of chapters deals with different aspects of evidence in civil proceedings. Chapter Two deals with basic issues of evidence in civil proceedings. The chapter is subdivided into four parts. Part One defines the basic terms. Part Two describes, which facts are the subject of evidence and which facts are not. Part Three deals with the institutes, which facilitates the evidence in civil proceedings. These institutes are legal...

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Krulíková, Kateřina. "Důkazní prostředky v civilním procesu." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-373537.

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The diploma thesis analyses means of evidence used in civil proceedings. Means of evidence are integral part of proofing process which is considered to be the foundation of civil litigations. The goal of this thesis is to provide comprehensive categorization of means of evidence used in civil litigations and depict some of their specifics, including means of evidence which are not specifically regulated by the law. The thesis is based on specialized literature, legislation, and, from a large part, also on Czech courts case law. Text of the thesis is divided into four chapters, each of them further divided into several sub-chapters. First chapter is general introduction to civil lawsuit and proofing problematics. It defines proofing process itself, subject of proofing, and principles applied in the court at this stage of the lawsuit. Second chapter describes means of evidence in general. It provides reader with means of evidence definition and categorization, and also defines means of evidence which are inadmissible in the civil lawsuit. Third, the most extensive chapter, is dedicated to means of evidence which are specifically regulated by code of civil judicial procedure. It describes each of them in detail, differentiates them, and also describes proofing process in the court trial. First...

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Holčapek, Tomáš. "Dokazování v civilním procesu s důrazem na spory v oblasti zdravotní péče." Doctoral thesis, 2011. http://www.nusl.cz/ntk/nusl-296068.

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Holčapek, T., Evidence in Civil Litigation with Emphasis on Disputes Arising from Medical Care, doctoral thesis, Charles University in Prague, Law Faculty, 2010. The doctoral thesis focuses on the issues of fact-finding in general and evidence in particular, all within the framework of rules of civil proceedings and with regard to lawsuits that result from the providing of medical care. It analyses the factual prerequisites which need to be found (proven) in order to establish liability of the health care provider for personal injury or interference with personality rights of the patient, and discusses who bears the evidentiary burden in their respect, how persuasive the proof has to be and what techniques for the lightening of such burden (e. g. factual presumptions or utilisation of loss of chance or other concept of proportional liability) are employed by various legal systems. The thesis builds on the comparison between Czech law and rules used in other legal areas, including both continental law and common law countries. Keywords: health, medical care, civil liability, civil proceedings, evidence

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Holanová, Linda. "Dokazování v civilním sporném řízení se zaměřením na zásadu projednací." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-397108.

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Evidence in civil contentious proceedings with regard to the accusatorial principle Abstract The goal of this master's thesis is to provide a comprehensive overview of the fundamental principle of civil contentious proceedings - the accusatorial principle, according to which the activities of process subjects are guided in the context of evidence. Under this principle, Czech courts look for facts to the extent claimed by parties because they have a decisive role in contentious proceedings. The parties to the proceedings develop the legal proceeding through their mutual adversarial activities and are responsible for establishing the facts, as the burden of proof and the burden of persuasion lays on them. The court has to make an objective and impartial decision on the basis of the gathered evidence in the civil litigation. If neither party is sufficiently active, they are at risk of an unsuccessful outcome of the litigation. However, the accusatorial principle is modified by law and other procedural principles. Exceptions are therefore allowed, and on their basis the court may intervene and provide their own additional evidence. The law allows it on the basis of two cumulative conditions - evidence must be necessary for establishing the facts and the basis for the taking evidence must be in the file. The...

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Schleiffer, Marais Prisca Christina Leonie. "Cross-border taking of evidence in civil and commercial matters in Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda." Thesis, 2013. http://hdl.handle.net/10500/10205.

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The thesis investigates the extent to which cross-border taking of evidence in civil and com-mercial matters in relation to Switzerland, South Africa, Botswana, Namibia, Nigeria, and Uganda is allowed. Such evidence-taking is not only governed by the domestic law of the state seeking evidence abroad and that of the state where the relevant means of proof are located, but also by public international law, and more specifically by the concept of sovereignty. The ad-missibility of the cross-border taking of evidence under public international law depends on whether or not evidence-gathering in civil litigation is regarded as a judicial act, which violates sovereignty when performed on foreign territory, or as a purely private act. In the first case, the evidentiary material has to be obtained through channels of international judicial assistance. Such assistance can either be rendered based on the basis of an international treaty, or through courtoisie internationale. No international judicial assistance is necessary in cases of a so-called “transfer of foreign evidence”, provided no compulsion is applied which infringes the sovereignty of the foreign state. The thesis analyses the taking of evidence abroad based on the Hague Evidence Convention, and the Hague Procedure Convention. It further expounds how evidence located in Switzer-land, Botswana, Namibia, Nigeria, and Uganda can be obtained for the benefit of civil proceed-ings pending abroad in the absence of any relevant international treaty. The thesis also exam-ines under what conditions a litigant in civil proceedings in the aforementioned countries may request evidence to be taken on foreign soil. The position of cross-border taking of evidence in civil and commercial matters in the said countries is assessed, and suggestions are made on how such status quo may be improved. The thesis makes an attempt to establish the basic prin-ciples for a convention on evidence-taking in civil and commercial matters between South Af-rica, Botswana, Namibia, Nigeria, and Uganda. The development of such principles, however, is only possible once the similarities and differences in the procedure for the taking of evidence and the means of proof in the relevant laws of the aforesaid countries have been identified. Public, Constitutional, & International LL.D.

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Valuš, Antonín. "Civilní spory mezi lékařem a pacientem při poskytování zdravotní péče." Doctoral thesis, 2015. http://www.nusl.cz/ntk/nusl-332298.

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Civil disputes between doctor and patient in medical healthcare The issue of civil disputes between doctor and patient in medical healthcare is characterized by a high degree of interdependence of substantive and procedural questions. The main issue here is inequality between doctor and patient in their relationship, which is based more on factual inequality than inequality in rights. The patient as consumer and therefore the weaker party has limited access to relevant information concerning the subject of the relationship between doctor and patient. On the other hand, a doctor is a subject which has in its power almost all the relevant information. As can be seen, for a given relationship is characteristic a high degree of inequality of information. This inequality, which arises in the relationship always, is not sufficiently addressed by the substantive regulation and its effects are present in subsequent court proceedings in the form of an information deficit. Intention of this paper is to present the fundamentals of the relationship between physician and patient, the reasons for the information deficit and its consequences in legal proceedings and ways of its compensation. The aim is to assess whether the current regulation is to ensure equality between doctor and patient with emphasis on the...

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CHING-KUO, CHANG, and 張清國. "The Study on DNA Evidence in Criminal Proceedings." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/08308870412862225530.

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碩士 國防大學管理學院 法律學系 98 With the development and progress of biotechnology, DNA evidence has become increasingly sophisticated identification techniques, DNA identification has been used on homicide, violent crime, sexual abuse, sex trade, paternity testing, illegal adoption, immigration and error to identify the defendants in criminal and civil cases etc, the use of a wide range. However, DNA evidence on the use, not error-free production, there are still " the risk of miscarriage of justice," including: 1, DNA evidence of high technical and regulatory requirements, itself prone to error. 2, The subject of proceedings too easily lead to blind faith in scientific evidence. 3, As judge and the prosecution, defense both for science and technology expertise and the lack of scientific evidence, weakening the review judge. Of course, in addition to the risk of miscarriage of justice may be hidden, there are: "may lead to violations of human rights and violation of ethics requirements," and "defense weapons seized may exacerbate the imbalance of equality." The purpose of this paper is divided into the mining process and the application of courts. First, the mining process: to review the procedures for collecting DNA samples and the existing mining process law whether is adequate, and then put forward proposals amending the law;Second, the application of courts: use the appraisal report to replace the expert appearing in court, whether contradict the direct trial and infringe the right of confrontation? What is the solution or way out? How to correctly assess the credibility of DNA appraisal report？ Finally, obtain conclusion and recommendations.

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劉秋伶. "The admissibility of digital evidence in criminal proceedings." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/21092783964020161463.

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CHIANG, TI-FAN, and 江帝範. "The Study of Digital Evidence in Criminal Proceedings–Focus on the Cooperative Relationships." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/wngd26.

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Abstract:

碩士 東吳大學 法律學系 105 The thesis comprises eight chapter, where chapter I is of an overview, which serves to describe the thesis’s research motive, problem awareness, research scope, study methodology and framework description, in which it also describes the public-private Cooperative Relationships, emergency technological development profile and anticipated results. What chapter II desires to discuss pertains to information privacy development and its construct. In the chapter, it first focuses on the Unites State that has the early privacy development, by describing said country’s supreme court’s practical judiciary implementation has made of a few critical judgments on instilling the privacy rights concept and safeguard on its constitution level. It then focuses on describing the meaning of the right to information privacy, and also discussing the scope of constitutional debates on information privacy, and the basis and construct of information privacy in Taiwan’s constitution, by discussing Taiwan’s relevant privacy on its constitution level. What follows, it focuses on how the United States adopting a forceful means when confronted with amending the Fourth Amendment to the United States’ Constitution, when requesting the private sector to participate in state investigation missions. The objective of its constitution provisions article 4 serves to ban unreasonable research and detention. The evolvement of the United States communications surveillance system bears an intrinsically inseparable relation to the U.S. constitution fourth amendment bill. It discusses the U.S. constitution amendment bill article 4’s applicability and said provision’s amendment subjects, and also profiles the meaning of said provision’s research, the tangible reasoning and critical procedural elements of conducting a search, and whether it breaches the evidential eliminating effect as arisen from its constitution amendment provision article 4. In Taiwan’s entitlement formation methodology, does it warrant the necessity to transplant the U.S. legal system, or focus on Taiwan’s constitution by offering a more precise basis on information privacy? Part three focuses on discussing how the European Union devises its “personal data protection directive” as the basis for EU countries to safeguard their people’s privacy right. Part four focuses on whether the emergency technological mode stand to infringe on the people’s right to information privacy as the criteria in the thesis’s subsequent review of the existing laws and tangible case examples. In addition, if privacy of the infringed digital data owner’s information privacy stems from an operating offering investigative assistance in the process of “stored information online research” and “data transmission’s communication surveillance”, how best to safeguard the people’s right to information privacy is also a critical subject. Chapter III further presents a discussion on under the privatization rush, the public/private Cooperative Relationships have initially presented of the objective has been to enable the state entities be able to excel the market resources by utilizing the mechanism to achieve, improve and also excel the public services. Yet with rising emerging crimes, consequently there are scholars who present streamlining the public-private collaboration relationships (partners) into the state crime investigation system; yet with the private domain already encompassing all information operators, and how private assistance in crime investigation has certain boundaries, while in light that the state’s crime investigation conduct ought to fall under an inherently governmental function, which is also referred to as one with “monopolistic power” by nature in state missions, where the portion shall fall under the “state reserved” matters, whereas the state, if attempting to use forceful means to request the private sector to participate in state investigation mission, needs to abide by the legal reservation principles to avoid over infringement of the people’s right to information privacy. Next, in terms of the means by which the private organizations assist the state in crime investigation, the thesis attempts to briefly describe, from the more technical aspect, the information surveillance, i.e. obtaining the Internet crime intelligence, tracking the criminals, evidence investigation, and lastly, it describes the permissibility and boundaries of public-private Cooperative Relationships. Chapter IV Broaches from the public-private collaborated monitoring of “stored information” to discuss the surveillance mean; chapter V first broaches form the Unites States’ “communication surveillance” history evolvement to discuss the information surveillance under the “public-private collaborated (partner) relationships, and then explores, in legal system aspect, the bills the U.S. Congress has passed, i.e. the U.S. Congress has in 1986 promulgated the Electronic Communications Privacy Act (ECPA): in 1994, during the president Bill Clinton rein, it has further surpassed the Communication Assistance for Law Enforcement Act (short for CALEA), reinforcing the pose of communication assistance in law enforcement has bene to excel the law enforcement and intelligence agencies the ability to conduct electronic communications surveillance. Said bill demands telecommunication operators and telecommunication equipment producers to alter and also design their equipment, facilities and services, to ensure that they are fitted with communications surveillance functions, to allow the federal agencies to conduct real-time communications surveillance and so forth on all telephones, broadband Internet networks and the content of VoIP communication, and on the legal system aspect, it describes how the U.S. utilizes the public-private cooperative relationships to achieve communications surveillance. Furthermore, in U.S. trial examples, the case of Katz v. United States reckons, with U.S. federal constitution fourth amendment proposal’s protection range encompassing the content of the people’s telephone communication. Nevertheless, the U.S. Federal Supreme Court has, on the case of Smith v. Maryland, ruled that by risk assumption theory and theory of rationally anticipation of right to privacy, the people cannot claim their constitutional right to privacy on their communication records. On which, the thesis attempts to sort and summarize relevant practical case rulings to present the correlations between communication surveillance and relevant issues involving Fourth Amendment to the United States’ Constitution . Chapter VI and chapter VII serve to discuss, in terms of the EU, Britain, Germany and Taiwan’s legal systems are concerns, the legal obligations for the operators to offer investigation assistance as seen in The Code of Criminal Procedure, The Communication Security, Surveillance Act and the Telecommunications Act, in relation to the digital evidence acquired through public-private cooperative relationships, yet does it fully apply to “Internet communication surveillance” or “online search. Chapter VIII presets lastly on what kind of shortfall in Taiwan’s existing legal system in obtaining digital evidence through public-private cooperative relationships, and how it is applicable and interpreted by legal provisions. It also presents the feasible direction in the current and future legal bill amendments. Keywords: Digital Evidence, Cooperative Relationships, Communication Surveillance, Right to Information Privacy

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Dissertations / Theses on the topic 'Evidence in civil proceedings'

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