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Journal articles on the topic 'Misleading a court'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Mawrey, Richard B. "COMMERCIAL ARBITRATION AND INFORMATION TECHNOLOGY DISPUTES." Denning Law Journal 30, no. 1 (2018): 155–66. http://dx.doi.org/10.5750/dlj.v30i1.1653.

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As late as the 1960s there was an old gentleman in once smart, but now shabby, clothes who paraded outside the Royal Courts of Justice in the Strand, carrying a placard which read ‘ARBITRATE DON’T LITIGATE’. He was a famous character who had been around since the 1930s and he endeared himself to the judges who referred to him in several judgments. It is fair to say, however, that the old gentleman was usually referred to in order to make the point that, in the case before the court, his advice had been misleading because the arbitration had proved far more difficult and costly than proceeding

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12

Gallez, Emmanuelle, and Anne Reynders. "Court interpreting and classical rhetoric." Interpreting. International Journal of Research and Practice in Interpreting 17, no. 1 (2015): 64–90. http://dx.doi.org/10.1075/intp.17.1.04gal.

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This case study is based on a transcript of an authentic criminal proceeding in a Belgian Assize Court, where Dutch is the official language and the French-speaking defendant receives simultaneous whispered interpretation of the prosecutor’s closing speech. Examining six excerpts from the speech, which is addressed to the judges and the lay jury, the analysis compares the Dutch original with the French interpretation. The specific focus of the study is the Aristotelian concept of ethos, i.e. the image the speaker seeks to convey of himself by foregrounding his professional expertise, integrity

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13

Enabulele, Amos O., and Bright Bazuaye. "Validity and Enforceability of Customary Law in Nigeria: Towards a Correct Delimitation of the Province of the Courts." Journal of African Law 63, no. 1 (2019): 79–104. http://dx.doi.org/10.1017/s002185531800030x.

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AbstractWith a view to showing that courts do not have the power to validate native law and custom, this article highlights the different roles assigned to the assent of the people governed by native law and custom, and to the court called upon to determine its judicial enforceability. It argues that customary law is validated by the assent of the people and not by courts, and that the tests contained in different statutes by which courts are permitted to intervene in the regime of customary law are tests of enforceability and not tests of validity. As a result, it argues that the term “validi

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14

Yang, ChihChieh. "Preventing indigenous elements from being registered as trademarks: a comparison of approaches across countries." Queen Mary Journal of Intellectual Property 15, no. 1 (2025): 54–79. https://doi.org/10.4337/qmjip.2025.01.03.

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Three representative countries (Canada, the United States and New Zealand) have adopted different models to provide defensive trademark protection for indigenous cultural elements. Under the trademark defensive protection system, provisions such as the ‘offence clause’ or ‘misleading public clause’ can be utilized to prevent others from incorporating indigenous elements into their trademarks. In New Zealand, the offence clause primarily serves to prevent trademarks from offending the Māori culture. After the US Supreme Court ruled that offensive clause (disparagement clause) was unconstitution

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15

Parrino, Richard, Douglas Schwab, and David Wertheimer. "US Supreme Court clarifies liability standard under Section 11 of the Securities Act of 1933 for statements of opinion in registration statements." Journal of Investment Compliance 16, no. 3 (2015): 37–42. http://dx.doi.org/10.1108/joic-06-2015-0039.

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Purpose – The purpose of this article is to examine the US Supreme Court’s much anticipated decision in Omnicare, Inc. v. Laborers Dist. Council Const. Indus. Pension Fund. In this 2015 case, the Supreme Court announced important principles for interpreting the application of the two bases for liability under Section 11 of the Securities Act of 1933 to statements of opinion expressed in registration statements filed with the Securities and Exchange Commission in connection with public securities offerings. Design/methodology/approach – The article examines the Supreme Court’s articulation of t

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16

Felyk, O. V. "THE SUBJECT OF A CRIMINAL OFFENCE, MISLEADING A COURT OR OTHER AUTHORISED BODY." Scientific notes of Taurida National V.I. Vernadsky University. Series: Juridical Sciences, no. 6 (2023): 134–41. http://dx.doi.org/10.32782/tnu-2707-0581/2023.6/22.

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17

Rais, Isnawati. "The Impact of COVID-19 Pandemic on Divorce Rates among Indonesian Muslim Societies." Indonesian Journal of Islam and Muslim Societies 11, no. 2 (2021): 271–97. http://dx.doi.org/10.18326/ijims.v11i2.271-297.

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This study aims to look at the impact of the COVID-19 pandemic on divorce rates in Indonesia. Few months after the outbreak, the media reported the increasing rate of divorce. Some authorities and researchers have taken this information for granted; therefore, their responses can be misleading. This socio-legal study confronts the media reports with the statistical data on divorce case numbers received by the Religious (Islamic) Courts and the Religious Courts judges’ explanation about the issue. This study finds out that the one-year period (2020) of the COVID-19 pandemic has not influenced t

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18

Arenfeldt, Pernille. "The Female Consort as Intercessor in Sixteenth-Century Saxony." Fund og Forskning i Det Kongelige Biblioteks Samlinger 44 (October 14, 2005): 1–14. http://dx.doi.org/10.7146/fof.v44i3.133005.

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During the past ten to fifteen years the research interest in queens, female regents and consorts has grown rapidly. Continuing the approach advocated by gender and court historians alike, the analyses of women at the early modern courts have generally focused on informal forms of power. Although the increased emphasis on informal power has proved immensely productive in many respects, it has also resulted in oversimplifications and misleading anal-ogies; for example, in one study the agency of the female consort is reduced to a function of her marital relation and another historian concludes

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19

Trächtler, Jasmin. "„Unsere Aufgabe ist es nur gerecht zu sein“." Wittgenstein-Studien 13, no. 1 (2022): 59–81. http://dx.doi.org/10.1515/witt-2022-0006.

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Abstract “Our task is merely to be just”: Courtroom Scenarios in Wittgenstein’s Last Writings. As is well known, it was a Parisian court trial that inspired Wittgenstein to write his picture theory of language in the Tractatus logico-philosophicus – but less well known or at least far less reflected, are the courtroom scenarios he himself invented in his last writings, that is the writings dating from 1947 to 1951. There, Wittgenstein repeatedly sketches court proceedings by means of which he challenges the validity of certain statements and modes of expression in the manner of a thought exper

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20

Adji, Indriyanto Seno. "FREEDOM & IMPARTIAL OF JUDICIARY : ANTARA “ PERADILAN BEBAS” & “PERS YANG BEBAS." Jurnal Hukum dan Peradilan 4, no. 1 (2015): 31. http://dx.doi.org/10.25216/jhp.4.1.2015.31-50.

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Press of independence adopted by Law No. 40 of 1999 on the Press is an accentuation of the Libertarian Press system which requires the existence of a absolute total "freedom of pers" by putting all the legal consequences on the substance of its news through judicial institutions, without calls for criminalization forms of the press with all the reason and limitedly direction purpose. Absolute Privilege Right of the Press have signs that provide a limitation on -moral hazard- based on Interest of justice or national security or for the prevention of disorder or crime that can be issued by the j

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21

Nagarajan, Rema. "7 years gone, little action on Govt’s 2017 plan oncurbing ads for unhealthy foods." Journal of the Epidemiology Foundation of India 2, no. 2 (2024): 38–39. http://dx.doi.org/10.56450/jefi.2024.v2i02.002.

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There has been little or no action on key recommendations in govt’s 2017 action plan for prevention and control of common non-communicable diseases which seek strict regulation of advertising, marketing and promotion of unhealthy food to children. Seven years on, there is no regulation on what the plan described as “unchallenged aggressive marketing strategies” of food and beverage companies. Promotion of unhealthy foods high in fat, salt and sugar (HFSS) came into focus recently when Supreme Court talked of expanding a petition on Patanjali’s misleading ads to include misleading ads “taking t

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22

Carreño, Ignacio. "German Court Orders Change to Nutrition Labelling on Nutella Due to its Misleading Nature." European Journal of Risk Regulation 3, no. 1 (2012): 91–93. http://dx.doi.org/10.1017/s1867299x00001859.

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23

Nikolaienko, T. B., A. A. Vozniuk, and H. S. Krainyk. "Peculiarities of criminal liability in case of misleading the court in martial law conditions." Legal position, no. 4 (2023): 74–78. http://dx.doi.org/10.32782/2521-6473.2023-4.15.

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24

Pitra Regina Sipahutar, Roida Nababan, and Sovia F. T Simamora. "Legal Responsibility of Skincare Companies for Overclaim-Based Marketing Strategies (Misleading Benefits)." Journal of Legal and Cultural Analytics 4, no. 1 (2025): 489–500. https://doi.org/10.55927/jlca.v4i1.13936.

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Overclaim (misleading benefits) often occurs through excessive claims regarding product benefits that are not supported by adequate scientific evidence, thus misleading consumers and creating unfair business competition. Based on Law Number 8 of 1999 concerning Consumer Protection and BPOM regulations, companies can be held accountable based on the principles of strict liability and product liability, which require business actors to provide compensation. In this study, the author will discuss the legal responsibility of skincare companies for the practice of overclaim (misleading benefits) in

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25

Tucker, James J. "THE ROLE OF STOCK DIVIDENDS IN DEFINING INCOME, DEVELOPING CAPITAL MARKET RESEARCH AND EXPLORING THE ECONOMIC CONSEQUENCES OF ACCOUNTING POLICY DECISIONS." Accounting Historians Journal 12, no. 2 (1985): 73–94. http://dx.doi.org/10.2308/0148-4184.12.2.73.

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Allegations that stock dividends serve as a vehicle for deceptive financing, evasion of taxes, misleading financial reporting, and stock market manipulation resulted in legislation that prohibited their use in the United States in the latter part of the 19th century. In the 20th century, efforts of the Supreme Court to determine the economic substance and taxability of stock dividends catalyzed a pioneering effort by the Court to define income within the 16th Amendment. As early as 1930 market reactions to stock dividends were investigated; this may have been one of the earliest forms of capit

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26

Cleveland, Steven. "Unintentional Irony in Landmark Decisions of the Delaware Supreme Court Regarding Corporate Law." Michigan Business & Entrepreneurial Law Review, no. 8.2 (2019): 173. http://dx.doi.org/10.36639/mbelr.8.2.unintentional.

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Three landmark decisions of the Delaware Supreme Court exhibit unintentional irony: Beam v. Stewart, Smith v. Van Gorkom, and Paramount Communications Inc. v. Time Inc. In Beam, the court concluded that, regarding the decision of whether to seek remedy against Martha Stewart, her fellow directors would not have jeopardized their reputations for the minimal gain of continuing their business and personal relationships with her. Ironically, the court failed to acknowledge that Martha Stewart—in trading on material nonpublic information, which gave rise to the corporate claim against her—jeopardiz

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Gray, Anthony Davidson. "Religious-based discrimination in the commercial context on the basis of sexual orientation: A comparative perspective." Common Law World Review 51, no. 3 (2022): 198–228. http://dx.doi.org/10.1177/14737795211071100.

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This paper considers how three jurisdictions, Canada, the United States and the United Kingdom, have sought to reconcile freedom of religion with equality rights, particularly in the commercial context, and particularly in relation to sexual orientation. The recent decisions of the United Kingdom Supreme Court and United States Supreme Court form the backdrop for that discussion. It is argued that the former made piecemeal, and misleading, use of American case law, and a fuller consideration of that jurisdiction’s position was warranted, and would have led to a different view of the recent Ame

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Rosenne, Shabtai. "The Changing Role of the International Court." Israel Law Review 20, no. 2-3 (1985): 182–205. http://dx.doi.org/10.1017/s0021223700017623.

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En s'efforçant, au lendemain de la guerre [1914 – 1918], de poser les bases d'une société de peuples régie par le droit, les fondateurs de cette communauté internationale nouvelle se rendaient pleinement compte qu'il ne saurait y avoir une société organisée sans un pouvoir judiciaire chargé de veiller, en dehors de toute préoccupation de politique et de force, à la stricte observation du droit. C'est dans cette conviction qu'ils ont prévu, dès l'origine, la création de la Cour permanente de Justice internationale.Feinberg in 1931Reviewing the history of the Permanent Court of International Jus

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29

Gerritsen, Anne. "Porcelain and the Material Culture of the Mongol-Yuan Court." Journal of Early Modern History 16, no. 3 (2012): 241–73. http://dx.doi.org/10.1163/157006512x644793.

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Abstract This paper offers a re-evaluation of the significance of porcelain during the Yuan dynasty by analyzing a type of ceramics known as luanbai or shufu wares. These matt white porcelains, sometimes inscribed with the characters shu and fu, have generally been seen as official wares, manufactured on the orders of the highest echelons of the Yuan central government and classified as high-quality luxury wares associated with the imperial court. This paper proposes that this conventional interpretation is misleading. Instead of understanding luanbai wares as part of the narrative of ceramics

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Jannah, Miftahul, Winda Fitri, and Windi Afdal. "Implikasi Hukum Terhadap Praktik Iklan Pembohongan dalam Perlindungan Konsumen (Studi Kasus Putusan Pengadilan)." JURNAL HUKUM PELITA 6, no. 1 (2025): 240–53. https://doi.org/10.37366/jhp.v6i1.5792.

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This research aims to examine and understand the legal implications of deceptive advertising practices within the framework of consumer protection, using a case study of court rulings. Deceptive advertising refers to false or misleading information in advertisements, intended to gain profit through actions that violate legal and ethical standards. This research employs a qualitative normative method, incorporating a statutory approach and case studies. Data collection relies on secondary sources obtained through literature reviews, including primary, secondary, and tertiary legal materials. Th

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Eglīte, Inga, and Osvalds Joksts. "Galveno interešu centru noteikšanas un izvērtēšanas problemātika fizisko personu pārrobežu maksātnespējas procesos." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 19 (2021): 120–29. http://dx.doi.org/10.25143/socr.19.2020.1.120-129.

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Rakstā tiek analizēts tas, cik dažādos veidos iespējams novērtēt un izpētīt, kur atrodas parādnieka galvenais interešu centrs, un kādiem apstākļiem atklājoties var secināt pretējo – ka patiesais parādnieka galveno interešu centrs tomēr atrodas citā valstī, nevis Latvijā. Rakstā ir veikts parādnieku maldinošās informācijas apkopojums, kas var radīt maldinošu iespaidu tiesām galvenā interešu centra noteikšanai tieši Latvijā, kas ļauj parādniekam fiziskai personai iziet atvieglotāku fiziskās personas maksātnespēju procedūru, salīdzinot ar to valsti, kurā ir parādnieka patiesais galvenais interešu

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32

Pathak, Akhileshwar. "Comparative Advertising in India: Need to Strengthen Regulations." Vikalpa: The Journal for Decision Makers 30, no. 1 (2005): 67–76. http://dx.doi.org/10.1177/0256090920050106.

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With the liberalization and globalization of the Indian economy, firms have been aggressively and vigorously promoting their products and services. In a comparative environment, every representation of a product or service is about what ‘others are not.’ These practices raise questions about truthfulness and fairness of representation of products and services. This paper explores regulations on comparative advertising of products and services in the context of globalization and liberalization in India. The Monopolies and Restrictive Trade Practices (MRTP) Act, 1969, was amended in 1984 to intr

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Felyk, O. V. "THEORETICAL AND METHODOLOGICAL BASICS OF INVESTIGATING CRIMINAL LIABILITY FOR MISLEADING THE COURT OR OTHER AUTHORIZED BODY." State and Regions. Series: Law, no. 2 (2023): 192–99. http://dx.doi.org/10.32782/1813-338x-2023.2.34.

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Glomb, Yuriy. "The warning mechanism in the prism of responsibility under Art. 384 of the Criminal code of Ukraine (misleading of court or other authorized authority)." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 368–72. http://dx.doi.org/10.36695/2219-5521.4.2020.66.

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The article presents a warning mechanism aimed at overcoming the provision of perjury. The model of warnings has the form ofa single complex, the elements of which are counteraction to misleading the court or other authority. In the prism of liability under Ar -tic le 384 of the Criminal Code of Ukraine, the warning mechanism is one of the types of special warning of a specific person potentiallycapable of committing an offense. The legislator distinguishes six categories of persons whom he warns of criminal liability for misleadinga court or other authority, namely: witness, victim, expert, t

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Demchenko, Ivan, and Anzhela Berzina. "Medicines Advertising: Legal Practice." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 233–38. http://dx.doi.org/10.36695/2219-5521.2.2020.41.

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The article explores legal practice in the field of advertising medicines. Medicines advertising is recognized as one of the mosteffective mechanisms of medicines promotion. Factors affecting the spread of medicines advertising: the public’s attitude to advertisingas a reliable source of information about medicines, distrust of doctors and the healthcare system, and, as a consequence, the prevalenceof self-medication practices. In order to protect the interests of consumers and protect economic competition (often second prevailing),the state ensures compliance with the requirements of the legi

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Koppensteiner, Hans-Georg, and María Paz García Rubio. "BGH, Urteil vom 20.10.1999 — Orient-Teppichmuster — Zur Frage der Irreführenden Gestaltung Einer Werbebeilage." European Review of Private Law 10, Issue 5 (2002): 699–708. http://dx.doi.org/10.54648/5103424.

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The decision of the German Federal Supreme Court was based on the following set of facts: The defendant was a sole trader in Berlin selling carpets and carpeting. As an insert in a Berlin newspaper he distributed the brochure “Fantastic Choice of Chinese carpets”. On page 4 of this, under the heading “consistent good value”, carpets with Persian patterns were pictured which bore descriptions such as “K. Medaillon-Moud”. “K. Birdjend” or “K. Herati”. The carpets concerned were machine made. The claimant, an association with legal personality, established in order to oversee compliance with the

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Durri, Ilda. "Asociación Profesional Élite Taxi v. Uber Systems Spain SL (C.J.E.U.)." International Legal Materials 58, no. 4 (2019): 837–48. http://dx.doi.org/10.1017/ilm.2019.32.

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In 2014, the Asociación Profesional Élite Taxi (Elite Taxi) brought an action before the Juzgado de lo Mercantil No 3 de Barcelona (Commercial Court No. 3, Barcelona, Spain) for the infringement of the national law on taxi services and the carrying out of misleading practices and acts of unfair competition by Uber Systems Spain SL (Uber). The two parties in the main proceedings are Elite Taxi, a taxi drivers' association in Barcelona, and Uber, a company related to Uber Technologies Inc. In the proceedings, Uber argued that its smartphone app constituted only a technical platform and should be

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Jirmann, Julia. "Rückläufige Einnahmen aus der Erbschaft- und Schenkungsteuer." Wirtschaftsdienst 104, no. 1 (2024): 42–46. http://dx.doi.org/10.2478/wd-2024-0015.

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Abstract The current German inheritance and gift tax statistics for 2022 suggest rising tax revenues. However, the statistics are misleading, particularly for large estates, because a large proportion of the taxes assessed are subsequently remitted. This is due to extensive tax exemptions for corporate assets. On the one hand, the findings are important for the assessment of the latest inheritance tax reform, which may not meet the requirements of the Federal Constitutional Court. On the other hand, they show that wealth-related taxes are currently declining despite very high wealth inequality

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Wojciechowicz, Joanna. "Obowiązek zwrotu nienależnie pobranego zasiłku chorobowego w związku z podjęciem pracy zarobkowej w orzecznictwie sądów powszechnych i Sądu Najwyższego." Studia Prawa Publicznego, no. 2(26) (June 15, 2019): 159–73. http://dx.doi.org/10.14746/spp.2019.2.26.7.

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This paper deals with the problems relating to the obligation to return the sickness benefit in the event when an insured person takes up paid employment during confirmed incapacity for work due to illness. The reason for this analysis is the non-uniform or inconsistent practice of the Supreme Court. In the majority of its issued verdicts, the opinion of the Supreme Court is that the the claim for returning the undue bene-fit paid ought to be withdrawn and cancelled if there was no information provided in the instruction about the circumstances that may lead to the forfeiture of the entitlemen

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T. Ceballos, Crystel, and Rowena V. Sosas. "ON COURT PROCEEDINGS: A FORENSIC LINGUISTIC ANALYSIS ON MAXIM VIOLATION." Journal of Nusantara Studies (JONUS) 3, no. 2 (2018): 17. http://dx.doi.org/10.24200/jonus.vol3iss2pp17-31.

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Employing forensic linguistic analysis, this qualitative study describes violations on conversational maxims in Philippine court proceedings. Twenty transcripts of riminal cases from the Regional Trial Court of Kidapawan City, Philippines were used as corpora in this study. It was found that the four maxims of conversation – quantity, quality, relation, and manner are violated during court trials. Violations of maxim on quantity occur when witnesses provide more than enough information and not enough information to answer questions. Violations of maxim on quality, on the other hand, occur when

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Ekardt, Felix, and Marie Bärenwaldt. "The German Climate Verdict, Human Rights, Paris Target, and EU Climate Law." Sustainability 15, no. 17 (2023): 12993. http://dx.doi.org/10.3390/su151712993.

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The German Constitutional Court’s climate verdict provided a re-interpretation of core liberal-democratic concepts, and it is highly relevant for liberal constitutional law in general, including EU and international law—where similar issues are currently being discussed in ongoing trials before the European Court of Human Rights and the International Court of Justice. The present article applies a legal interpretation to analyse the national and transnational implications of the ruling. The results show that the verdict accepts human rights as intertemporal and globally applicable. It applies

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Takács, Izolda. "The power of jus cogens in the shadow of procedural obstacles. Legal dilemmas in international cases concerning severe human rights violations, special regards to the Ukraine–Russia War." Pedagogika Społeczna Nova 4, no. 7 (2024): 145–67. http://dx.doi.org/10.14746/psn.2024.4.7.9.

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Jurisdictional immunity of foreign states remains a rule under international law, even in cases involv- ing violations of peremptory norms of international law (jus cogens). Therefore, the assumption that the primacy view of jus cogens can resolve the dilemma over the relationship between serious human rights violations and state sovereignty is misleading and does not always prevail in practical applica- tion. This paper first outlines the “evergreen” dilemma of jus cogens versus state immunity, followed by an illustration of how procedural issues are addressed in pivotal international cases.

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Epstein, Yaffa, and Hendrik Schoukens. "A positivist approach to rights of nature in the European Union." Journal of Human Rights and the Environment 12, no. 2 (2021): 205–27. http://dx.doi.org/10.4337/jhre.2021.02.03.

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A growing number of jurisdictions throughout the world have recognized some type of legal rights of nature. This jurisprudential trend has thus far made few inroads in Europe. However, its apparent absence is misleading. In this article we argue that, explicit or not, nature as protected by European Union (EU) law already has certain legal rights in the Hohfeldian sense because other entities have legal obligations towards it. Moreover, we argue that recent decisions of the Court of Justice of the EU can be interpreted to support our claim that nature, as protected by EU law, already enjoys so

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Peacock, Nicholas. "Expert Witnesses under Fire?" Business Law Review 28, Issue 5 (2007): 122–24. http://dx.doi.org/10.54648/bula2007025.

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The decision late last year in Meadow v General Medical Council [2006] EWCA Civ 1390 to allow an expert witness to face disciplinary sanctions arising from misleading evidence given by him in court has led some to predict a decline in the willingness of experts to appear in the witness box. This is especially in the wake of Phillips v Symes [2004] EWHC 2330 where an expert witness was made subject to a third party costs order following criticisms of his evidence by the trial judge. But do these cases show anything more than the risks associated with doing an abysmal job?

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Hutchison, Cameron J. "Which Kraft of Statutory Interpretation? A Supreme Court of Canada Trilogy on Intellectual Property Law." Alberta Law Review 46, no. 1 (2008): 1. http://dx.doi.org/10.29173/alr237.

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The techniques used by courts to interpret statutes can be characterized as inconsistent, and at times, excessive. Current methodologies of statutory interpretation often reflect deeply normative views about the appropriate institutional role of the legislative and judicial branches of law-making, but this characterization of the debate is misleading. Rather, the problem lies with properly discerning legislative meaning and intent in full awareness of the limitations and possibilities of statutes as communicative devices. The author suggests a new methodology of statutory interpretation, where

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Ahmed, Masood. "An Investigation into the Nature and Role of Non-Settled ADR." International Journal of Procedural Law 7, no. 2 (2017): 216–49. http://dx.doi.org/10.1163/30504856-00702003.

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For decades, the orthodox understanding of a successful ADR has been based on the idea that ADR is ‘successful’ when the process produces an immediate settlement and, as a result, the parties and the court are able to realise ADR’s economic and practical benefits. Conversely, an ADR process that does not produce a settlement on the day (or shortly thereafter) is traditionally perceived as having ‘failed’. This paper challenges the orthodox understanding by arguing that it is far too narrow and misleading. It is narrow and misleading because it focuses only on the ‘visible’ or ‘immediate’ econo

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Kertz, Consuelo Lauda, and Roobina Ohanian. "Source Credibility, Legal Liability, and the Law of Endorsements." Journal of Public Policy & Marketing 11, no. 1 (1992): 12–23. http://dx.doi.org/10.1177/074391569201100102.

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This paper reviews the endorsement advertising and source credibility literature to identify factors which make this type of advertising effective. These credibility factors resemble the legal concept of reliance and are used as a framework for developing the bases of legal liability associated with false or misleading endorsement advertising. The legal liability of endorsers, advertising agencies, and the media is discussed through a review of Federal Trade Commission (FTC) regulations, state laws, and court cases. Suggestions for minimizing legal liability are provided and the role of indust

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Kelblová, Hana. "The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 58, no. 3 (2010): 85–90. http://dx.doi.org/10.11118/actaun201058030085.

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The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is d

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O'Brien, David M. "The Framers' Muse on Republicanism, the Supreme Court,and Pragmatic Constitutional Interpretivism." Review of Politics 53, no. 2 (1991): 251–88. http://dx.doi.org/10.1017/s0034670500014625.

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The so-called Madisonian dilemma has dominated recent debates over the role of the Supreme Court and suggested a “majoritarian paradigm” for constitutional interpretation. But a reexamination of James Madison's unique contributions to republican theory indicates that the “Madisonian dilemma” is in many ways misleading and unfaithful to his political vision. Madison, argues the author in Section I, worked a conceptual change in republican theory. Madison did so because he was convinced that republican liberty (and government) was primarily threatened by popular majorities and legislative majori

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O'Brien, Patrick. "Never let a Crisis go to Waste: Politics, Personality and Judicial Self-Government in Ireland." German Law Journal 19, no. 7 (2018): 1871–900. http://dx.doi.org/10.1017/s2071832200023269.

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AbstractAlthough Ireland is often cited as part of the vanguard of countries adopting forms of judicial self-governance in the 1990s, this appearance can be misleading: the Irish judiciary are self-governing only in limited respects. The judge-led Court Service is in charge of court estate, non-judicial personnel and provision of information on the court system to the public. Many key matters – discipline, promotions and deployment – remain largely out of the control of the corporate judiciary. Judicial appointments are significantly at the discretion of the government. In the last decade, the

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