Relevant bibliographies by topics / Misleading a court

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Misleading a court'

Author: Grafiati
Published: 30 May 2022
Last updated: 31 July 2025

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Journal articles on the topic "Misleading a court"

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Klauer, Irene. "General Clauses in European Private Law and 'Stricter' National Standards: The Unfair Terms Directive." European Review of Private Law 8, Issue 1 (2000): 187–210. http://dx.doi.org/10.54648/264260.

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This article deals with the tension between general clauses in European Private Law and the minimum provision which allows member states to adopt or retain stricter national law. Several private law directives contain general clauses, such as the standard of 'good faith' in the Unfair Terms Directive, which introduce a very broadly defined common standard into the private law of the member States. Further examples are the 'likelihood of confusion' in the Trademark Directive and the Community Trademark Regulation, the 'conformity with the contract' under the Consumer Goods Directive or the defi
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Prabowo, Wahyu, Kurnia Tri Latifa, and Rr Yunita Puspandari. "Perlindungan Hukum Terhadap Informasi Iklan Yang Menyesatkan." Volksgeist: Jurnal Ilmu Hukum dan Konstitusi 5, no. 1 (2022): 81–96. http://dx.doi.org/10.24090/volksgeist.v5i1.6184.

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This study aims to examine the existence of misleading advertising information reviewed from the law perspective as well as the role of the government in providing legal protection to consumers. This study implemented conceptual and legal approaches. The results of the research show that advertisement is stated to be misleading if it violates Article 9 of The Consumer Protection (UUPK). As for the legal consequences, the advertisment’s owners may be subject to administrative, criminal, civil, and additional penalties. Consumers who suffer from misleading advertising information receive prevent
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Muharremi, Robert. "The Concept of Hybrid Courts Revisited: The Case of the Kosovo Specialist Chambers." International Criminal Law Review 18, no. 4 (2018): 623–54. http://dx.doi.org/10.1163/15718123-01804008.

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The article analyses and criticizes the concept of hybrid courts. The main proposition is that the concept of hybrid courts is unclear and that there are no clear criteria which would provide guidance for establishing if a judicial body is a hybrid court or not. The idea of hybrid courts is conceptually misleading because it creates the perception that hybrid courts are a separate institutional category different from international and domestic criminal courts. The author argues that the concept of hybrid courts should therefore be abandoned in favour of clearer criteria which distinguish betw
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Kotlybaeva, K. "Methods of misleading the court or other authorized body." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 402–7. http://dx.doi.org/10.24144/2307-3322.2021.69.67.

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The article considers and substantiates the need to establish the method of committing a criminal offense as a central element of forensic characteristics. The works of leading domestic and foreign scientists who have studied the concept of the method of criminal offense, its meaning and relationship with other elements of forensic characterization are analyzed and studied. The concept of the method of committing a criminal offense has been comprehensively studied. It is established that most criminologists include a certain system of actions in the method of committing a criminal offense, whi
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B.L.G. "Ohio Court Finds Blue Cross Liable for Misleading Copayment Charges." Journal of Law, Medicine & Ethics 23, no. 4 (1995): 409–10. http://dx.doi.org/10.1017/s1073110500006525.

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On August 29, 1995, the United States District Court for the Northern District of Ohio ruled that certain practices of Blue Cross and Blue Shield of Ohio (BCBSO) relating to the calculation of copayments on insurance claims violated provisions of ERISA, and thus BCBSO could be liable for unpaid benefits and breach of fiduciary duty (McConocha v. Blue Cross & Blue Shield of Ohio, 1995 WL 561444 (N.D. Ohio Aug. 29, 1995)). According to BCBSO's Explanation of Benefits and Schedule of Benefits, beneficiaries were responsible for a 20 percent copayment for hospital charges, and the remaining 80
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Stuyck, Jules. "The Court of Justice and the Unfair Commercial Practices Directive." Common Market Law Review 52, Issue 3 (2015): 721–52. http://dx.doi.org/10.54648/cola2015051.

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This article examines the first five years of the ECJ case law on the Unfair Commercial Practices Directive. In its rather short history the UCPD has led to a flood of European case law. The Court repeatedly stressed the Directive's full harmonization character and the ensuing bar on more stringent national legislation (mostly in the field of sales promotions). The Court has also clarified some of the novel concepts introduced by the Directive, as well as its personal scope of application. Divergences between Member States remain, as the application in concreto of the Directive's general claus
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Wils, Wouter P. J. "The Compatibility with Fundamental Rights of the EU Antitrust Enforcement System in Which the European Commission Acts Both as Investigator and as First-Instance Decision Maker." World Competition 37, Issue 1 (2014): 5–25. http://dx.doi.org/10.54648/woco2014002.

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Following the Jussila and Menarini judgments, it is now entirely clear that Article 6 ECHR, as interpreted by the European Court of Human Rights, provides no grounds for abandoning the system in which the European Commission both investigates suspected infringements of the EU antitrust prohibitions and takes decisions finding such infringements and imposing fines. Article 6(1) ECHR requires however that the EU General Court, when reviewing European Commission decisions, exercises full jurisdiction. What is decisive is whether the General Court in fact exercises full jurisdiction, not any gener
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Vozniuk, A. A., and D. V. Kamensky. "MISLEADING THE COURT OR OTHER AUTHORIZED BODY: PRESSING ISSUES OF CRIMINAL LIABILITY." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 6 (2023): 147–54. http://dx.doi.org/10.32782/tnu-2707-0581/2023.6/24.

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Góralski, Wojciech. "Podstępne wprowadzenie w błąd (kan. 1098 KPK) w opublikowanych orzeczeniach Roty Rzymskiej z lat 2010-2012." Ius Matrimoniale 30, no. 2 (2019): 95–131. http://dx.doi.org/10.21697/im.2019.30.2.06.

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The subject of this study is the jurisprudence of the Roman Rota Court regarding deceptive misleading (canon 1098 CIC) from 2010-2012, contained in Decisione seu sententiae. During this period, the title of marriage annulment was included in twelve judgments; ten of them have been published.
 The analysis of rotating sentences was presented in the following thematic areas: deceptive misleading as a factor protecting marriage consent; deceptive action; error as a result of deception; the attribute of a person as an object of deceptive action (in genere and in individual judgments); decepti
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Mayer, Don. "Kasky V. Nike and the Quarrelsome Question of Corporate Free Speech." Business Ethics Quarterly 17, no. 1 (2007): 65–96. http://dx.doi.org/10.5840/beq200717114.

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ABSTRACT:In the Kasky case, the Supreme Court of California determined that Nike, Inc., might be accountable in a civil action for misleading statements that it made to the press and to the public about its operations in Southeast Asia. The Kasky case is examined here in its legal and ethical aspects. The U.S. Supreme Court's First Amendment cases that distinguish between commercial speech and political speech are explained, and the arguments in favor of greater protection for Nike's statements about its overseas operations are evaluated in light of Donaldson and Dunfee's integrative social co
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Dissertations / Theses on the topic "Misleading a court"

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Grabovskiy, G., and Y. Hlomb. "Criminal Liability for Misleading a Court in Civil Proceedings: the Issue of Prosecution of Foreigners." Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/51083.

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Ukraine is in the process of reforming its legislation to build an effective justice system. Only one activity of the court is not able to ensure the high quality of justice in the conditions of the dishonesty of other participants in the trial. Besides, at the present stage, in terms of simplified conditions for the movement of persons between states are growing, the number of cases that are considered with the participation of a foreign element, the prosecution of which has its own characteristics. Consequently, the reforms of the legislative level have to take into account such features. At
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Song, Wei. "The extent of the insured’s duty of disclosure : a comparative analysis of the disclosure obligations of insured in Australia, Singapore and China." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/54638/1/Wei_Song__Thesis.pdf.

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Pre-contractual material disclosure and representation from an insurance policy proposer is the most important element for insurers to make a decision on whether a proposer is insurable and what are the terms and conditions if the proposal by the proposer is able to be insured. The issue this thesis researches and investigates focus on the issues related to the pre-contractual non-disclosures and misrepresentations of an insured under the principle of utmost good faith, by operation of laws, can achieve with different results in different jurisdiction. A similar disputed claim involving mat
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Books on the topic "Misleading a court"

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Office, General Accounting. Financial management: Improvements needed in Air Force vendor payment systems and controls : report to the Chairman, Subcommittee on Administrative Oversight and the Courts, Committee on the Judiciary, U.S. Senate. The Office, 1998.

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Stefan, Vogenauer. Ch.1 General Provisions, General Provisions III: Arts 1.6–1.12—Application of the PICC, Art.1.11. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0015.

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This commentary focuses on Article 1.11, which sets out some definitions of key terms of the UNIDROIT Principles of International Commercial Contracts (PICC), namely, ‘court’, ‘place of business’, ‘obligor’, ‘obligee’, and ‘writing’. The definitions are largely self-explanatory. The drafters' preference for the term ‘court’ as referring to both state courts and arbitral tribunals may, at first, seem somewhat misleading but this is justified by the intention of avoiding unduly heavy language. The terms ‘obligor’ and ‘obligee’ are unfamiliar to most users but they are useful for identifying the
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Killey, Ian. Naked Australian Constitution. The Rowman & Littlefield Publishing Group, 2022. https://doi.org/10.5040/9781978734814.

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Despite the Australian Constitution having been one of the most stable since its commencement in 1901, it is becoming fatally flawed. The Naked Australian Constitution examines these flaws and the lack of public appreciation of those defects. This is due to several serious errors, including the racial basis of its origin, and the misleading nature of its text—with the High Court having interpreted it in a remarkably subjective manner, undermining the few express requirements and freedoms in the Constitution while also applying concepts that are not required by the constitutional text. As a res
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Letsas, George. The Margin of Appreciation Revisited. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198713258.003.0018.

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The idea that states have discretion in complying with their human rights obligations, and the idea that human rights obligations should be compatible with a degree of diversity between states, are either trivial or misleading. In order to assess properly the doctrine of the Margin of Appreciation, one has to reconstruct it as a normative thesis about the conditions under which an international human rights court should place substantial weight on a decision by a domestic authority. Thus understood, however, the doctrine is problematic as it offends the values underlying human rights and the r
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Campbell, Donald J. Guns in America. ABC-CLIO, LLC, 2021. http://dx.doi.org/10.5040/9798400660788.

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This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. Each book in the Contemporary Debates series is intended to puncture rather than perpetuate myths that diminish our understanding of important policies and positions; to provide needed context for misleading statements and claims; and to confirm the factual accuracy of other assertions. This particular volume examines beliefs, claims, and myths about gun violence, gun laws, and gun rights in the United States. Issues cove
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Staffel, Julia. Unfinished Business. Oxford University PressOxford, 2025. https://doi.org/10.1093/oso/9780198916345.001.0001.

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Abstract Explaining how people reason is central to understanding ourselves as human beings. Complex deliberations that take unexpected turns are central to many good detective stories, but they are also ubiquitous in everyday life and academic research. While philosophers have studied both ends of complex deliberations—learning new information and reaching justified conclusions—little has been said about our states of mind when we’re in the middle of thought. Yet, this stage of intellectual limbo is where we often produce genuine insight. Integrating theoretical research in philosophy with em
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Blackman, Janine A. Midlife and Beyond (DRAFT). Edited by Madeleine M. Castellanos. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190225889.003.0002.

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This chapter discusses the varying changes in female hormones that begin 20 to 30 years prior to a woman’s final menstrual period (FMP), commonly around 50 years of age. Both testosterone and progesterone begin declining in a woman’s 20s and 30s, respectively, and antral follicle count in her ovaries also declines. In contrast, estrogen levels remain relatively stable from puberty until a woman’s early 40s This chapter discusses the changes that occur in a woman’s sexual health and overall health and well-being as her hormones change throughout her lifespan. It also discusses the controversy a
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McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 10. Proprietary estoppel. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0010.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter is concerned with proprietary estoppel. Proprietary estoppel is a means by which a party (B) can gain some protection against an owner of land (A), even if he or she has no contract with A and even if A has not formally given B a property right in relation to A's land. That protection consists of A coming under a duty to B. Proprietary estoppel is therefore also a means by which B can obtain an equi
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Book chapters on the topic "Misleading a court"

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Greenhouse, Linda. "The Court and the other branches." In The U.S. Supreme Court, 3rd ed. Oxford University PressNew York, 2023. http://dx.doi.org/10.1093/actrade/9780197689462.003.0006.

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Abstract Is the phrase separation of powers misleading? “The Court and the other branches” looks at the Court in relation to the president and Congress. A more accurate description of the relationship among the branches might be “dynamic interaction,” with tensions arising inevitably among them. Sometimes these tensions cause limited disagreements. Some developments are more substantial, such as Congress’s attempts to limit the Supreme Court’s power or the power of federal courts in general. This ingrained and constitutionally based struggle about law-making authority is expressed in a cycle o
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Gommers, Carina, Joanne Gibbs, and Eva De Pauw. "Misleading and Comparative Advertising in the Fashion Industry." In The Handbook of Fashion Law. Oxford University Press, 2025. https://doi.org/10.1093/law/9780198938897.003.0030.

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Abstract In a business-to-consumer industry like fashion, the topic of misleading and comparative advertising is always lurking around the corner. It is in the interests of society that consumers and competitors are protected against such advertising practices. In the European Union (EU), the main legal tools to address this are the Misleading and Comparative Advertising Directive and the Unfair Commercial Practices Directive and their national implementations. The Court of Justice of the European Union (CJEU) has ruled on these Directives on several occasions in cases from various business se
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Greenhouse, Linda. "6. The Court and the other branches." In The U.S. Supreme Court: A Very Short Introduction. Oxford University Press, 2020. http://dx.doi.org/10.1093/actrade/9780190079819.003.0006.

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Is the phrase separation of powers misleading? “The Court and the other branches” looks at the Court in relation to the president and Congress. A more accurate description of the relationship between the branches might be “dynamic interaction” with tensions arising between them. Sometimes these tensions cause limited disagreements. Some developments are more ominous, such as Congress’s attempts to limit the Supreme Court’s power or the power of federal courts in general. This ingrained and constitutionally based struggle about law-making authority is expressed in a cycle of interaction and rea
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Watt, Gary. "Playgoers." In Shakespeare and the Law. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191988103.003.0006.

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Abstract This chapter proposes early modern playgoers as a sort of jury with power to pass judgment on a play. It focuses especially upon the ways in which sounds, and sound effects, attuned them to be a judicial audience, to render a fair hearing, and to reach a sound judgment. Judgment on the quality of a performance is made in the critical faculty (the factory) of the beholder, but the operation can work to tragic effect if the judgment of the ear is seduced by misleading sounds or indeed if the ear is ignored entirely because of the overriding seductions of sight. Othello is offered as an
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"Current Dimensions of the Criminal Prosecution of Juvenile Offenders." In Realizing the Purpose and Benefits of Juvenile Transfer to Criminal Court. IGI Global, 2023. http://dx.doi.org/10.4018/978-1-7998-7923-7.ch003.

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Chapter 3 accomplishes a critical exercise for this book and the field of transfer to criminal court (CC). That exercise entails specifying what transfer is and what it is not, as well as how it works and how it doesn't work. Although this should be a relative no-brainer, this task has been complicated by misleading statutory wording, and by misrepresentations of the phenomenon in the literature. Before attacking or defending transfer to CC, it is essential that everyone be on the same page. It is (or should be) impossible to research and analyze transfer when there is serious variation in how
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Johnson, Dennis W. "Money, Mega-Donors, and Wide-Open Spending." In Campaigns, Elections, and the Threat to Democracy. Oxford University Press, 2022. http://dx.doi.org/10.1093/wentk/9780197641972.003.0008.

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Congress enacted the first important campaign-finance law in 1971 that regulated and limited how much could be contributed and spent in federal elections. But so much has changed since then. In recent years, federal campaign laws have been eviscerated by court decisions, and federal elections have been flooded with money coming from outside interests. Much of the money spent in federal campaigns is not reported and not regulated, coming from tax-free groups with feel-good, misleading names. How did we get here? How much difference does a lot of money really make in a campaign? Who are some of
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Maiani, Francesco. "CJEU Citations in the Case Law of the Swiss Federal Supreme Court." In The Impact of the European Court of Justice on Neighbouring Countries. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0005.

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This chapter addresses the issue of when, why, and to what effect the Swiss Federal Supreme Court (FSC) refers to the case law of the Court of Justice of the European Union (CJEU). After providing background information on the Swiss legal system and the relations between Switzerland and the EU, it presents the doctrines of ‘euro-compatible’ interpretation developed by the FSC. Based on a comprehensive analysis of published FSC decisions, it then examines the frequency of references to the CJEU, their legal rationale, and their impact. The article finds that citations of the CJEU in Swiss case
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Biggar, Nigel. "What’s Wrong with (Some) Judges? Al-Skeini, Al-Jedda, Smith, and the Fog of War." In What's Wrong with Rights? Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198861973.003.0011.

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What is wrong with rights might lie in several places. Some accuse the very concept of a right belonging to an individual as a kind of property. Chapter 6 considered this charge and found it wanting. Instead, Chapters 5, 7, 8 and 9 identified problems in misleading connotations of talk about ‘natural rights’, the failure to reckon with the contingency of rights upon economic and political conditions, and the importation of what is paradigmatically a legal idea into ethical deliberation. An additional possibility is that problems lie not only in concepts of rights, but also in the way in which
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Notley, Margaret. "Quarantined Material." In "Taken by the Devil". Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190069865.003.0007.

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Two out of three Liebestod passages in Lulu appear in Act 3; at the same time, Berg based Act 3 entirely on quarantined material from the Ur-Lulu, Acts 2 and 3 of Die Büchse der Pandora. This chapter discusses in detail Wedekind’s censorship trials in 1905–1906, which had to do with the play as a publication. After the trials, Wedekind prepared a new edition in 1906 with a misleading preface that included the court documents, which in a 1911 edition, he replaced with another paratext, an ironic prologue. The chapter addresses the unpromising aspects of Wedekind’s Act 2 that would have challeng
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Alberti, Jacopo. "The Position of Boards of Appeal: Between Functional Continuity and Independence." In Boards of Appeal of EU Agencies. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780192849298.003.0012.

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This chapter illustrates the peculiar nature of the Boards of Appeal (BoA) of EU agencies, which has been affected by two fundamental changes in the general landscape of the EU system of judicial protection. The changes include the fall of the specialized tribunals, which resulted in greater room for the development of the BoAs and the introduction of the filter mechanism in Article 58a of the Statute of the Court of Justice of the European Union (CJEU). It evaluates how these changes have affected the institutional position of the BoAs of the EU agencies and elaborates how they might evolve o
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Conference papers on the topic "Misleading a court"

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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.

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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar t
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Beiter, Kurt, Kosuke Ishii, and Harshavardhan Karandikar. "Making Design Reviews Count." In ASME 2007 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2007. http://dx.doi.org/10.1115/detc2007-35848.

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Design reviews are one of the most established product-development project management techniques to identify and eliminate errors in product design before they physically manifest themselves either in a prototype or in the final product. Design reviews are typically embedded within an overall product-development project management process consisting of multiple stages separated by decision gates. The specific goal, structure and content of a design review depend upon the stage and time at which it is performed. In the process of working with a number of large companies on their technology and
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Tanaka, T., T. Itoh, T. Tsujinaka, M. Sakon, J. Kambayashi, and T. Mori. "AN EXPERIMENTAL MODEL TO STUDY INTERRELATIONSHIP BETWEEN HYPER-COAGULABLE STATE AND ORGAN FAILURE IN SEPSIS." In XIth International Congress on Thrombosis and Haemostasis. Schattauer GmbH, 1987. http://dx.doi.org/10.1055/s-0038-1644245.

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Disseminated intravascular coagulation (DIC) and multiple organ failure (MOF) are critical consequences of septic patients but the pathogenesis has not been fully elucidated yet, because of the complexities of clinical cases. Thereby, attempts were made to establish animal model with DIC & MOF without injecting endotoxin, bacteria or procoagulants into circulation, which may result in misleading conclusions. Twenty four male Japan albino rabbits were divided into the following 4 groups; [A]-ligation of bile duct and instillation of fecal suspension ( appr. 2 X 107 gram negative rods)into t
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