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Letteratura scientifica selezionata sul tema "Court procedures"

Autore: Grafiati

Pubblicato: 4 giugno 2021

Ultima modifica: 30 gennaio 2023

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Articoli di riviste sul tema "Court procedures"

Zujienė, Gitana. "Witchcraft Court Cases in the Grand Duchy of Lithuania in the Sixteenth to Eighteenth Centuries". Lithuanian Historical Studies 20, n. 1 (20 febbraio 2016): 79–125. http://dx.doi.org/10.30965/25386565-02001005.

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The article presents an analysis of court procedures against witches in Lithuania. The author explains which courts handled such cases and which legal acts regulated the course of these procedures. The witchcraft court procedure in Lithuania is compared to a procedure discussed in a book by Jakob Sprenger and Heinrich Institor (Kramer) from 1487 called ‘Malleus Maleficarum’ (Hammer of the Witches). The similarities and differences between these court procedures are revealed.

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Terekhova, L. A. "Additional procedures in cassation and supervision proceedings of civilistic procedure". Law Enforcement Review 5, n. 4 (6 gennaio 2022): 197–208. http://dx.doi.org/10.52468/2542-1514.2021.5(4).197-208.

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The subject of the research is the additional powers of the Chairman of the Supreme Court of the Russian Federation in relation to cassation and supervisory complaints.The purpose of the article is to substantiate the necessity or redundancy of certain additional powers of the Chairman of the Russian Supreme Court taking into account the nature of such powers and the conditions for their application.The methodology. Analysis and synthesis, dialectical method as well as formal legal interpretation of Russian legislative acts and judicial practice of Russian Supreme Court were used.The main results. Since the transformation of the three-tier supervisory proceedings into a system of two cassation and one supervisory instance, as well as the liquidation of the Supreme Arbitration Court, the powers of the Chairman of the Supreme Court of the Russian Federation have spread to a fairly wide range of relations that allow influencing the movement of the case in the cassation and supervisory instance, and on itself initiation of a case in a supervisory instance. Moreover, such activities are far from always regulated by the norms of the law.The Chairman of the Supreme Court of the Russian Federation (or his deputy) currently has leverage over the possibility of considering a case in the cassation instance of the Supreme Court of the Russian Federation (Judicial Collegium of the Supreme Court) and in the supervisory instance (Presidium of the Supreme Court). These possibilities are called control and substitute in the article. Control powers should include: 1) regulation of key deadlines in cassation and supervisory proceedings; 2) interference in the procedure for filtering complaints. The procedure and conditions for the use of these powers are not regulated in the procedural codes. Having such powers in relation to procedural terms, the President of the Supreme Court actually influences the very possibility of initiating a case in a court of cassation or supervisory instance, as well as the duration (and, accordingly, the quality) of the examination of the complaint. The intervention of the Chairman of the Supreme Court of the Russian Federation in the procedure for filtering complaints has a clearly pronounced discretionary nature, moreover, it is selective. It would not be superfluous to point out that such as "order" in itself creates conditions for its abuse both by the participants in the case and by the courts. The substitute authority is the right of the Chairman of the Supreme Court to initiate supervisory proceedings on his own initiative, contrary to the basic rule of civil proceedings based on the principle of discretion (the case is initiated by the person whose rights have been violated). Supervisory proceedings are currently intended to appeal against judicial acts adopted by the Supreme Court of the Russian Federation itself when considering cases in the first, appeal and cassation instances. However, among the objects of appeal there are also acts of the Judicial Collegium of the Supreme Court, applications to which are possible with complaints against acts of any lower courts, with some restrictions on the decisions of justices of the peace (Article 390.4 of the Civil Procedure Code; Article 291.1 of the Arbitration Procedure Court). In this regard, the supervisory authority must continue to be viewed as the final link in the system of reviewing judicial acts. However, the system for reviewing judicial acts is very contradictory. On the one hand, there are a number of strict rules that cut off certain types of judicial acts from appeal; filtering complaints in the second cassation and supervision; establishing special rules for the jurisdiction of complaints. On the other hand, it is possible not to comply with these strict rules and directly contact the Chairman of the Supreme Court of the Russian Federation.This extraordinary power of the Chairman of the Supreme Court of the Russian Federation has been preserved, precisely because the Russian legislator firmly and consistently adheres to the conviction that it is necessary to leave at least one official who is not a party to the case the right to initiate an audit of a judicial act.Conclusions. The extraordinary powers of the Chairman of the Supreme Court are of an extra-procedural nature, at best they are based on the rules of record keeping (instead of the law), are selective and opaque.

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SAKHNOVA, T. V. "“INCOMPLETE” COURT PROCEDURES IN MODERN CIVIL PROCEDURE". Herald of Civil Procedure 11, n. 4 (20 ottobre 2021): 27–49. http://dx.doi.org/10.24031/2226-0781-2021-11-4-27-49.

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The development of judicial procedures is an indicator of increasing complexity of civil procedure, a clear manifestation of the general pattern – unification and differentiation of civil procedural form. And one of the main tasks of the legislator is to make sure that the objective complexity of the legal space does not lead to complication of the access to judicial protection for interested persons. This thesis, put forward by the author, acts as one of the key ideas of this study and is disclosed in the article in terms of “incomplete” judicial procedures. The “incomplete” judicial procedures, according to the author’s conception, include simplified proceedings, absentee proceeding, court-ordered proceedings and proceedings on insignificant claims. The latter should be understood as proceedings before a justice of the peace in action cases (see clauses 2–5 part 1 of Article 23 of the Civil Procedure Code of the RF). In conclusion it is concluded that the procedural nature of the Russian process, laid down in the codes of the early 20th century, now acquires conceptual importance, which requires a different methodology to solve current legislative problems. The procedures we have considered is a “litmus test” of the methods of justice, which allows us to comprehend the general vector of the further path of civilizational process reform.

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Radolović, Aldo. "Odnos redovnog sudskog i ustavnosudskog postupka u ustavnim tužbama". Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, n. 1 (2017): 357–73. http://dx.doi.org/10.30925/zpfsr.38.1.12.

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This paper deals with relation between ordinary and constitutional judicial procedures in constitutional complaint. Constitutional protection against individual decisions of competent state authorities (mostly against decisions of ordinary courts) has supplementary nature. Citizens and legal entities may initiate procedure before the Constitutional Court only after exhaustion of ordinary legal remedies. Constitutional procedure is new judicial procedure, but it must take into account previous ordinary judicial procedures. It is new procedure because the Constitutional Court has the right to implement its specifi c procedural rules. On the other hand, this procedure is old one. From previous ordinary judicial procedure originates the constitutional dispute and its proper settlement is not possible without conversance of this previous judicial procedure.

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Ahmad, Sufmi Dasco. "PROSPECTS FOR SETTLEMENT OF CIVIL CASES THROUGH MEDIATION IN STATE COURTS BASED ON REGULATION OF THE SUPREME COURT NUMBER 1 OF 2016". Fox Justi : Jurnal Ilmu Hukum 12, n. 1 (30 luglio 2021): 93–101. http://dx.doi.org/10.58471/justi.v12i1.187.

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The process of examining civil cases (lawsuits) in District Courts, such as at the Class IA Bale Bandung District Court is carried out through several stages, namely from the administrative process, to the examination in front of the trial/trial proceedings, one of which is a peace event (mediation), which carried out at the beginning of the trial, the procedure for which is currently regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, which revokes and declares that Perma Number 1 of 2008, whose implementation is considered ineffective. Based on the background and problems discussed in this thesis, the objectives of this study are as follows: To find out and analyze the process of resolving civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation No. 1 of 2016 concerning Mediation Procedures in Court, and the prospect of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. This study finds answers, namely that: the process of settling civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has been carried out optimally, but the results of case settlement through mediation have not been achieved optimally and settlement of civil cases through mediation at the Class IA Bale Bandung District Court based on Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts has good prospects, if judges, mediators, and advocates are able to motivate and encourage litigants to settle the case amicably through mediation in order to accelerate the settlement of the case. In connection with the results of the study, the authors submit the following suggestions: In order for the implementation of the settlement of civil cases through mediation in the District Court based on the Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Courts, the results are more optimal, one of which is the need for a mediator who has high integrity and impartiality supported by the ability to listen, ask questions, observe, interview, counsel and negotiate; and it is necessary to socialize the Regulation of the Supreme Court Number 1 of 2016 intensively to all elements of the legal profession to better understand the objectives of the PERMA.

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Gilchrist, Anne. "Workshops on court procedures". Psychiatric Bulletin 14, n. 1 (gennaio 1990): 42. http://dx.doi.org/10.1192/pb.14.1.42.

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Nikitin, S., e M. Patsatsiya. "Summary Prosedures and Optimization of Commercial Court Proceedings in Russia". BRICS Law Journal 6, n. 2 (13 giugno 2019): 108–31. http://dx.doi.org/10.21684/2412-2343-2019-6-2-108-131.

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This article deals with the problems involved in implementing simplified forms of legal proceedings in the Russian civil process, which is one of the important directions for optimizing commercial court proceedings. The study is largely based on the analysis of previously unpublished statistical information on the commercial courts of three districts for the period of 2016–2018, showing the results of their procedural activities in the framework of the procedures of simplified and writ proceedings in the context of court data of the commercial court system as a whole. The obtained results are highlighted taking into account domestic, foreign and international experience, doctrinal approaches and the existing need for the optimization of commercial court proceedings. The authors substantiate the conclusion that the consideration of cases in the procedures of simplified production facilitates significantly reducing the caseload burden on the commercial courts of first instance, both by simplifying the procedures for the consideration of these cases and by drawing up judicial acts on them. The article formulates proposals for the development of the current commercial procedural law, in particular the proposal to unify the procedural order of commercial court cases on the recovery of compulsory payments and sanctions. It further proposes possible variants of such unification.

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Gasanova, Daria P. "Participation and role of the court in conciliation of the parties in arbitration proceedings". Current Issues of the State and Law, n. 3 (2022): 413–22. http://dx.doi.org/10.20310/2587-9340-2022-6-3-413-422.

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We consider the implementation features of one of the tasks of modern legal proceedings in arbitration courts – the promotion of a peaceful settlement of the dispute. We analyze the articles of the Arbitration Procedure Code of the Russian Federation, which fix the actions of the court to promote the conciliation of the parties at various stages of the arbitration process. We highlight the procedural and organizational measures taken by the arbitration court in order to popularize the use of conciliation procedures. Examples from judicial practice illustrate the procedural actions of the court to reconcile the disputing parties. We analyze the statistics of the conclusion of settlement agreements in arbitration courts. We note the greater demand and effectiveness of conciliation procedures in the economic justice system than in the courts of general jurisdiction, due to the specifics of disputed legal relations and the subject composition. When characterizing organizational measures to promote the conciliation of the parties, emphasis is placed on the need to develop mediation and communication skills among representatives of the judicial community and employees of the judicial system, aimed at popularizing the use of conciliation procedures to resolve disputes in the arbitration process. We note that in order to develop the institution of conciliation in arbitration proceedings, it is necessary to carry out work on the implementation of a set of measures of an information-educational, organizational and regulatory nature. We conclude that the modern arbitration process is characterized by a new understanding of the role of the court in resolving legal disputes, an integral part of which are actions to conciliate the parties.

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Novak, Stjepan. "DIJALOZI IZMEĐU USTAVNIH SUDOVA DRŽAVA ČLANICA EUROPSKE UNIJE I SUDA EUROPSKE UNIJE". Pravni vjesnik 36, n. 3-4 (2020): 113–36. http://dx.doi.org/10.25234/pv/10408.

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In the context of the discourse on constitutional identities, national constitutional courts enter into various forms of dialogue with the Court of Justice of the EU. After having engaged for an extended period of time in exclusively indirect dialogues that were more or less successful and were realised through their own practices, national constitutional courts started making use of the possibility offered to them pursuant to Article 267 of the Treaty on the Functioning of the European Union, i.e., the preliminary ruling procedure. The paper aims to prove that the dialogues which constitutional courts engage in with the Court of Justice of the EU are the most successful forms of their communication. For that purpose the paper compares these dialogues with indirect forms of communication between constitutional courts and the Court of Justice of the EU. It is in this context that the paper, following introductory considerations in the second part, considers the concept of constitutional identity from the viewpoint of the Court of Justice of the EU and the viewpoint of national constitutional courts. The third part of the paper analyses different forms of indirect dialogue between constitutional courts and the Court of Justice of the EU and draws conclusions about their effectiveness. The fourth part analyses particular procedures instituted before the Court of Justice of the EU by constitutional courts and points out the pros and cons of these procedures. Finally, the paper concludes that the procedures instituted by national constitutional courts pursuant to Article 267 of the Treaty on the Functioning of the European Union are the most direct and the most efficient forms of their communication with this Court.

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Afriana, Anita, e Hazar Kusmayanti. "Review of Syaria Economy Disputes in Religious Courts within the Perspective of Small Claims Court (SCC)". Fiat Justisia: Jurnal Ilmu Hukum 15, n. 2 (7 aprile 2021): 183–94. http://dx.doi.org/10.25041/fiatjustisia.v15no2.2086.

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One of the absolute competencies of the Religious Court revolves around resolving sharia economy disputes. Quick, simple and inexpensive principles of the court must persist within Religious Court procedures, such as in sharia economy disputes relating to business disputes as regulated in Supreme Court Decree No. 14 of 2016 on Procedures in Sharia Economic Disputes. The solution in this way should be able to speed up commercial Shia dispute, but in fact, various obstacles were found. This article reviews the resolution of sharia economy disputes in Religious Court within the perspective of Small Claims Court implied through SC Decree No. 14 of 2016, along with the possible issues of Small Claims Court in Religious Court procedures. This research was conducted with a normative approach. Juridically SC Decree No. 14 of 2016 conforms with SC Decree No. 2 of 2015, now replaced with SC Decree No. 4 of 2019, permits parties to resolve certain nominal claims through a quicker dispute settlement procedure. Judges participate actively throughout the dispute resolution as Small Claims Court provides flexible interaction within formal courts. In practice, limitations such as the amount of sharia economy certified judges show that sharia economy cases are better resolved through standard procedure within the Civil Court. Other limitations, such as the insufficient electronic court (e-court) systems, limit dispute resolution capacity with further substantial limitations such as executorial clauses that are not yet regulated and can take more than 25 (twenty-five days).

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Tesi sul tema "Court procedures"

Serdyuk, V. I. "Court procedures in South Africa". Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33827.

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Pre-trial motions that are intended to exclude evidence on the basis of exclusionary rules are not prominent in the South African legal system. Instead, objections to the admissibility of statements such as confessions or admissions are dealt with at the trial stage in a procedure that is known as the “trial-within-a-trial” system. The South African Constitutional Court has held that an accused person is constitutionally entitled to pre-trial discovery of all evidence in police files, unless said evidence compromises the identity of a witness/informer etc. South African trial proceedings are largely adversarial. According to the principle of the presumption of innocence, prosecutors are required to prove their case beyond a reasonable doubt. When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33827

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Benkendorfer, Jarrett Alan. "Courts-Martial and Civilian: How the Court Martial Affords Greater Constitutional Protections During Court Procedures and Sentencing". Thesis, The University of Arizona, 2012. http://hdl.handle.net/10150/243739.

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There is often a misconception regarding the military and the procedures that it uses in order to bring military personnel and prisoners of war to justice. While it is true that Constitutional liberties are limited within the military system, the Constitution still very much applies to uniformed members who swear an oath to the document. In this regard, the Uniform Code of Military Justice was adopted to mirror the Federal Rules of Evidence, which govern the procedures for Article III courts. Through scrutinizing the sentencing procedures that take place in a civilian court and comparing those same procedures with its court martial counterpart, there is evidence to suggest that the UCMJ has better methods to ensure that a defendant’s rights are protected from the time an investigation begins to the time of acquittal or guilt. The methods in jury selection and the weight of the orders issued by a Judge Advocate General are two examples of such enhanced procedures. Since 2001, there has also been discussion involving detained individuals at Guantanamo Bay, Cuba, which has led to a sparked interest in the discussion of military commissions. Ultimately, individuals are far more likely to face a fair trial if they enter into a court martial rather than a civilian court.

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Viljoen, Charmell S. "Secondary victimisation in the court procedures of rape cases : an analysis of four court cases". Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53584.

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Thesis (MPhil)--Stellenbosch University, 2003.
ENGLISH ABSTRACT: Violence against women is a serious offence. Emotional and physical abuse can happen to our daughters, sisters and wives. Rape is a form of violence against women. It violates a woman's privacy, dignity and it makes her feel as if she has lost control. The criminal justice system is there to protect the citizens of a country and this protection should extend to women when they have been violated. The criminal justice system has different structures, for example the courts, medical services and police services. The staff of the criminal justice process do not have an inherent duty to care about rape survivors but they can be trained to treat survivors with consideration and sympathy to counteract the effects of the rape and secondary victimization experienced by rape survivors. It is important that there are guidelines for the staff of the criminal justice system to assist them in rape cases. This thesis explores whether women experience secondary victimisation during court proceedings. To assess whether it occurs, court transcripts were analysed with a focus placed on the background of the court case and the verdicts of the judges. Findings indicate that secondary victimisation do occur during court cases. Rape survivors feel as if they are on trial and not the rapist. Survivors furthermore believe that they will have to live with the label that they had been raped and humiliated. The thesis recommends that officials of the criminal justice process should receive extensive training, and looks at the Sexual Offences Court in Wynberg as an example of an improved system for rape survivors. It is recommended that the procedures of the Sexual Offences Court should be evaluated on a regular basis to address secondary victimisation problems that may persist. Communication is very important during the rape trial. The rape survivor has to be informed about her case and about the location of the rapist at all times.
AFRIKAANSE OPSOMMING: Geweld teen vroue is 'n ernstige oortreding wat plaasvind in ons samelewing. Emosionele en fisiese geweld kan gebeur met ons dogters, vroue en susters. Hierdie vorm van geweld laat vroue voel asof hulle beheer verloor oor hulle lewens en dit het ook 'n impak op hul self respek en selfbeeld. Die Kriminele Sisteem van Suid Afrika is daar om die belange van sy inwoners te beskerm. Dit het verskillende afdelings byvoorbeeld, die mediese dienste, die polisie en die hof verrigtinge. Die lede van die Kriminele Sisteem werk met verskillende individue wat voel dat die hof die uitweg sal wees wat geregtigheid sal laat geskied. Die lede van die Kriminele Sisteem het nie 'n persoonlike verantwoordelikheid teenoor die verkragtings oorlewendes nie, maar hulle moet sensitiwiteit en empatie betoon teenoor die dames wat verkrag was. Die gedrag van die personeel speel 'n groot rol in terme van hoe die vrou wat verkrag was die aangeleentheid verwerk. Die fokus van die studie is om te kyk of vroue wel sekondêre viktimisering ervaar wanneer hulle besluit om voort te gaan met die hofsake. Hof transkripsies was gebruik om te kyk of vroue wel benadeel word. Daar was gekyk na die uitsprake van die regters sowel as die agtergrond van die hofsaak. Daar was bevind dat sekondêre viktimisering wel plaasvind gedurende die hof verrigtinge. Vroue voel asof hulle verantwoordelik is vir die verkragting wat met hulle gebeur het. Die verkragter word nie gesien as die persoon wat oortree het nie. Hierdie gevoelens van self blamering vorm deel van sekondêre viktimisering wat veroorsaak dat vroue sommige kere voel om nie verder te gaan met die hof saak nie. Die verskillende lede van die Kriminele Sisteem moet gedurig opleiding verkry wat hulle in staat sal stel om die gevoelens van die slagoffers in ag te neem. Die howe wat spesiaal opgerig is om verkragting sake te verhoor moet geevalueer word sodat dit 'n sukses kan wees. Kommunikasie moet bevorder word tussen die verskillende departemente en nie -regerings organisasies wat 'n rol speel gedurende die hof sake.

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Parker, Naeema. "The court experiences of survivors of child sexual abuse". Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This study ws aimed at understanding the particular experiences of children who have been sexualy abused, with regrds to their experiences in court.With the high prevalence of sexual abuse in South Africa, many children are forced to testify against the alleged perpetrators of these crimes in public courts. Several reforms have been introduced into the child justice system, inorder to make the process of child testimony more child-friendly. The research explicated the children's expereinces of the new courtroom procedures and it was found that some aspects of the legal process were indeed experienced as a form of secondary traumatisation.

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Kushner, Lester M. "A matching process: More effective placement procedures for court dependent children". CSUSB ScholarWorks, 1987. https://scholarworks.lib.csusb.edu/etd-project/174.

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Strydom, L. T. (Louie Talitha). "The experiences of children in middle-childhood regarding children's court procedures". Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/41498.

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Current statistics show an alarming number of children entering the South African children’s court system annually. Yet little to no research has been conducted involving children who actually attend children’s court within the South African context, specifically since the promulgation of the new Children’s Act 38 of 2005. Consequently, very little knowledge regarding these children’s experiences and where the court system may be failing them exists. Statutory intervention with children in the middle-childhood phase is based on the premise that such intervention is in the best interest of the child. The process begins with the assignment of a social worker who is tasked with conducting a comprehensive investigation into the child’s life. Once this investigation has been finalised, the child and all relevant parties will attend children’s court where a final decision will be made regarding the child’s future care. The question arises how children experience children’s court procedures and whether there are areas where improvement would be warranted, especially since heavy caseloads often result in postponements which could exacerbate any negative experiences. With a view to gaining insight into middle-childhood children’s experience of children’s court procedures, the researcher conducted a qualitative, applied study using a collective case study design. Two literature studies form the knowledge base of the study, where the first explores the various areas of development in middle childhood and the second the children’s court process, with specific reference to the relevant legislation and polices underlying this process. In-depth interviews with nine children in the middle-childhood phase who had been exposed to children’s court procedures allowed the researcher to gather data from the children’s perspectives, rather than from the perspective of professionals as is the case in the majority of other studies. This empirical study contributed to the knowledge base by providing evidence that children are not by any means adequately prepared for children’s court and do not meaningfully participate in the process. Furthermore, empirical evidence revealed that children in middle childhood often associate negative emotions – notably fear, sadness and anger – with children’s court procedures. From this empirical study, it was concluded that social workers need to take responsibility for ensuring that children are comprehensively prepared for court procedures. Furthermore, steps need to be taken to enhance children’s level of participation throughout the entire process.
Dissertation (MSW)--University of Pretoria, 2013.
lmchunu2014
Social Work and Criminology
unrestricted

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Quine, Jay A. "An examination of the status of court involvement in church discipline procedures". Theological Research Exchange Network (TREN), 1990. http://www.tren.com.

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Liwski, Mateusz, Матеуш Ливски e Матеуш Лівски. "Economic procedural law: a comparison of the experience of Ukraine and Poland in the context of court proceedings". Thesis, National Aviation University, 2021. https://er.nau.edu.ua/handle/NAU/48743.

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The development of Ukraine as a democratic socially oriented state, the reform of the market economy necessitates the introduction of new socioeconomic mechanisms for regulating and protecting the economic sphere. The problem of development economic procedure law is quite relevant at this stage of development of the country, because the legislation in the field of economic sphere is characterized by the presence of contradictions, imperfections of the law, as well as difficulties in resolving disputes over economic and business.
Розвиток України як демократичної соціально орієнтованої держави, реформа ринкової економіки зумовлює необхідність запровадження нових соціально-економічних механізмів регулювання та захисту економічної сфери. Проблема розвитку економічного процесуального права є досить актуальною на цьому етапі розвитку країни, оскільки законодавство у галузі економіки сфера характеризується наявністю суперечностей, недосконалості законодавство, а також труднощі у вирішенні суперечок щодо економіки та бізнесу

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Al, Saud T. "A comparison between the dispute settlement procedures in the International Court of Justice and the World Trade Organisation". Thesis, Brunel University, 2009. http://bura.brunel.ac.uk/handle/2438/4477.

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The International Court of Justice (ICJ) came into being due to a perceived need for international judicial settlement, whereas the World Trade Organisation (WTO) was created for the purpose of specifically promoting international trade by reducing tariffs and other barriers to trade. Alternative structures for each institution are also considered, as is the older dispute settlement process of arbitration, by means of cases. It is a voluntary submission by both parties to a dispute, when they have agreed on the issues, but need external assistance to proceed further. As a type of judicial settlement, it is binding, can permit third party or non-state involvement, and is a precursor of international tribunals. In the WTO, one aim is to use cases to test conceptual points. The specific aspects of dispute settlement including the application of rules and procedures, and implementation and processes, will be discussed. The working procedures of the Appellate Body (AB) will be analysed in detail. Another aim is to compare with the ICJ, wherever possible. Legal concepts such as jurisdiction, judicial aspects of reasoning, the burden of proof, and the standard of proof will be discussed. The Appellate Body’s (AB’s) standard of review of panel recommendations and rulings will be analysed. Compliance and enforcement are compared between the two organisations. Economic and political considerations will also be touched on when relevant to this study. In the ICJ, the application of concepts such as judicial restraint and activism will be assessed, including the degree of inconsistency found in different cases. The implications of the different types of agreements between states that can lead to or have led to the ICJ’s jurisdiction will be examined, and the impacts assessed. The ambiguity involving provisional measures will be studied in detail. The ICJ’s relationship to the UN Security Council will also be assessed. The lack of monitoring or enforcement, and of no stated compliance timeframe are considered. The thesis will end with various future recommendations.

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Schiller, Ulene. "Development of a training programme for state prosecutors to address re-victimization of the sexually abused child during forensic procedures". Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-07242006-162500.

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Libri sul tema "Court procedures"

Guy, Skipwith, Wright Ros e Birmingham Settlement. National Money Advice Training Unit., a cura di. County court procedures. Birmingham: National Money Advice TrainingUnit, 1994.

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Charles, Platto, e International Bar Association Conference, a cura di. Trial and court procedures worldwide. London, UK: Graham & Trotman, 1991.

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Court, California Supreme. Practices and procedures. [San Francisco?]: The Court, 2000.

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Wilson, Brenda Thomas. Calendar procedures key: California civil litigation. Roseville, CA: ThomasBooks, 2010.

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Wilson, Brenda Thomas. Calendar procedures key: California civil litigation. Roseville, CA: ThomasBooks, 2008.

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S, Sta Maria Melencio. Court procedures in family law cases. Manila, Philippines: Published & distributed by Rex Book Store, 2004.

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Maria, Melencio S. Sta. Court procedures in family law cases. 2^a ed. Manila, Philippines: Rex Book Store, 2007.

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United States. Court of Appeals (Federal Circuit). Internal operating procedures. Washington D.C: The Court, 1999.

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Lind, E. Allan. Perspective and procedural justice: Attorney and litigant evaluations of court procedures. Chicago: American Bar Foundation, 1991.

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Kong, Keith. Intelligent flow-charting tool for court procedures. Manchester: University of Manchester, Department of Computer Science, 1995.

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Capitoli di libri sul tema "Court procedures"

Freedman, Philip, e Eric F. Shapiro. "Court Procedures for Seeking New Tenancies". In Commercial Lease Renewals, 52–59. London: Macmillan Education UK, 1994. http://dx.doi.org/10.1007/978-1-349-13335-2_5.

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Lee, Roy S. "Creating an International Criminal Court — of Procedures and Compromises". In Reflections on the International Criminal Court, 141–52. The Hague: T.M.C. Asser Press, 1999. http://dx.doi.org/10.1007/978-90-6704-697-8_9.

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Burfeind, James, Dawn Jeglum Bartusch e Dusten R. Hollist. "Preliminary Procedures of Juvenile Courts: Detention, Transfer to Criminal Court, and Intake". In Juvenile Justice, 251–302. Abingdon, Oxon ; New York, NY: Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315731087-8.

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Ivanc, Tjaša, e Cocou Marius Mensah. "The Impact of New Technologies on Taking Evidence in Civil Court Procedures". In Legal Analytics, 63–80. Boca Raton: Chapman and Hall/CRC, 2022. http://dx.doi.org/10.1201/9781003215998-6.

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"Court Procedures". In Investigating Computer Crime. CRC Press, 1996. http://dx.doi.org/10.1201/9781420048896.ch15.

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"procedures in juvenile court". In Juvenile Justice, 175–88. Routledge, 2010. http://dx.doi.org/10.4324/9781439813775-23.

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von Falck, Andreas, e Stephan Dorn. "Written, interim and oral procedures". In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0099.

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The main proceedings before the UPC consist of three procedural steps: the written procedure, the interim procedure, and the oral hearing. According to Rule 10 UPCARoP, all inter partes procedures before the Court of First Instance are divided into those three parts. The same applies for the appeal procedure before the Court of Appeal. The same structure, according to Rule 85 UPCARoP, is applicable for the proceedings in actions against a decision of the EPO concerning the EPO’s functions assigned to it pursuant to Art 9 EPUE Reg.

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"Court practice and procedure". In Corporate Administrations and Rescue Procedures. Bloomsbury Professional, 2022. http://dx.doi.org/10.5040/9781526513281.ch-021.

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Schneid, Thomas D. "The Court Process and Procedures". In Safety Law, 57–66. CRC Press, 2018. http://dx.doi.org/10.1201/9781351130998-3.

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Biswas, Gautam. "Chapter-06 Court Room Procedures". In Recent Advances in Forensic Medicine and Toxicology (Volume 1), 96–117. Jaypee Brothers Medical Publishers (P) Ltd., 2015. http://dx.doi.org/10.5005/jp/books/12178_6.

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Atti di convegni sul tema "Court procedures"

Timijaya, Nichola, e Stanislaus Atalim. "Success Rate of Mediation in Pilot Project Court After the Issuance of Supreme Count Regulation Number 1 Of 2016 Concerning Mediation Procedures in Court (2017-2019)". In The 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.109.

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Racheva, Darina. "PARTICULARITIES OF THE APPEAL BEFORE THE COURT OF ACTS ISSUED UNDER THE TAX AND SOCIAL SECURITY PROCEDURAL CODE". In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.267.

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The Tax and Social Security Procedural Code regulates all procedures involving the revenue authorities. These procedures and their final acts differ largely, as well as differ the modalities of their appeal. The report contains brief overview of the main procedures in the Tax and Social Security Procedural code with a focus on the appeal before the courts of the acts for adjustment of tax and social security contributions.

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"United States Court Rulings, School Board Policies, and Procedures, and Student Stress and Anxiety". In March 14-16, 2019 Paris (France). Eminent Association of Pioneers, 2019. http://dx.doi.org/10.17758/eares5.ed0319130.

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Kačer, Hrvoje. "CHF CASE – 2019. god." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.153k.

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In this text the authors deal with the latest developments in the Croatian model of solving the so-called CHF case. Unfortunately, the legislator did not do well and failed to see the possibility that, when he had already decided to bring the new normative framework, to predict and to properly regulate in it at least the key legal issues, such as: (no)admissibility of the lawsuit for those who decided to convert, the statutory limitation of the judgment on collective lawsuit and the currency clause relating to the Swiss franc. Instead of preventing reasons for the future lawsuit by the amendment of the Consumer Credit Law, it seems that (whatever it is desired) has come to the contrary. Despite the criticism of the legislator, the authors agree with the current court practice, for which the authors think it might and must (regarding to the highest courts) be much faster, in any case, the waiting for decisions of the Supreme Court of the Republic of Croatia and the Constitutional Court of the Republic of Croatia should be measured in months rather than years. The authors certainly repeat their already stated opinion that in the procedures that are labeled with the CHF case syntax, as a rule, there is no exclusive responsibility, and that is only (above slowness) what should be criticized in the court practice, which has not recognized it.

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Poretti, Paula, e Vedrana Švedl Blažeka. "REMOTE JUSTICE IN CORONAVIRUS CRISIS – DO THE MEANS JUSTIFY THE ENDS, OR DO THE ENDS JUSTIFY THE MEANS?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22410.

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The coronavirus related crisis affected severely all aspects of life and judiciary is no exception. The world has been confronted with new challenges. New circumstances have created significant impact on the functioning of access to justice. New ways of administrating the legal system were introduced in the last decade, allowing for the use of the means of electronic communication, reducing certain stages of court procedures, opting for solutions for peaceful dispute settlement and promoting out-of-court dispute resolution. However, the coronavirus caused, beyond any doubt, severe delays in court proceedings and even shut down courts in some European Union Member States, Croatia included. Thus, additional efforts were required in order to ensure remote justice to citizens and businesses. More importantly, it called for a swift response, issuing and applying emergency measures, to safeguard the right to access courts and provide for effective administration of justice. The paper thus seeks to explore the ways in which European Union Member States responded to emerging challenges and the consequences these challenges had on administration of justice. Croatian example will be introduced specifically due to obvious struggles in handling the coronavirus caused difficulties in national judiciary system. Along with the analysis of measures taken, there are several questions, which need to be answered. What was the level of readiness of the Member States’ judiciaries for providing justice by means of electronic communications, with Croatia in focus? What are the effects of measures taken in Croatian judiciary system? Should it be left to the courts or other competent bodies to take actions on a case-to-case basis in order to provide the necessary protection of procedural rights to parties? In terms of the effect of the emergency measures, do they allow for the same or similar quality of remote justice? In conclusion, the paper will try to answer the aforementioned questions, deliberate on the efficiency of measures taken in response to the coronavirus crisis, with Croatia in focus and possibilities of future improvements.

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Yolova, Galina. "FOR SOME POSSIBLE ASPECTS OF MEDIATION IN HEALTH INSURANCE RELATIONS". In THE MEDIATION IN THE DIFFERENT PUBLIC SPHERES 2021. University publishing house "Science and Economics", University of Economics - Varna, 2021. http://dx.doi.org/10.36997/mdps2021.21.

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The work analyzes some possible aspects of the application of mediation in health insurance relations, by deriving on the one hand typical problems in the functioning of the health insurance system, and on the other - by options for solving them through the methods of out-of-court voluntary procedure. Based on the systematics, specific proposals and exemplary practices for the introduction of mediation procedures are derived.

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Harmen, Ferry Andika, e Rafika Yuniasih. "Inventory Management Analysis and Improvement of Inventory Control Procedures: Case Study in the Secretariat of the Tax Court". In 6th International Accounting Conference (IAC 2017). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iac-17.2018.17.

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Latifiani, Dian, e Viola Krisma Sitanggang. "Simple Lawsuit Peace Effort Based on Regulation of the Supreme Court Number 2 of 2015 concerning Procedures Simple Lawsuit Settlement". In Proceedings of the 4th International Conference on Indonesian Legal Studies, ICILS 2021, June 8-9 2021, Semarang, Indonesia. EAI, 2022. http://dx.doi.org/10.4108/eai.8-6-2021.2314378.

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Fekete, Gábor. "VIDEOCONFERENCE HEARINGS AFTER THE TIMES OF PANDEMIC". In EU 2021 – The future of the EU in and after the pandemic. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18316.

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The sanitary crisis of the Covid-19 pandemic resulted in several changes in the way courts communicate, can be reached and handle cases. The so-called videoconferencing became one of the accepted ways of the hearings. This kind of videoconferencing took place on online videoconference solutions, which differ a lot from the conventional videoconference systems. After the exceptional situation, it remained a question whether the digital revolution of court proceedings had arrived or the use of videoconferencing should remain an exceptional instrument. The application of a videoconference system is the subject of the right to a fair trial, in this regard it has been contested by the European Court of Human Rights in several cases. This case law stated several expectations and reveals many aspects, which have to be applied to the online videoconference solutions. On the other hand, the wider use of legal tech instruments is the subject of the political will. The political support is crystallizing within the EU, whose right to act is limited. The interim measures which were introduced under the emergency law regimes on national level show a number of experiences on how the continuous and legally founded functioning of the justice system can be ensured, for example by the use of online video hearings. The balance between the effectivity and the legality is a crucial question. Upon the above-mentioned sources, the paper introduces the differences of the two methods of videoconferencing. It examines the legal requirements, details the experiences and shows the opportunities of the use of videoconference systems and online videoconference solutions in civil cases. The use of videoconference in civil hearings can be an instrument conforming to procedural right. The general application of videoconference, especially the online solution lowers the threshold to access the justice, accelerates the procedures, ensures social distancing, but requires both legal and technical preparedness.

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Rapporti di organizzazioni sul tema "Court procedures"

Orbeta Jr, Aniceto C., Vicente B. Paqueo e Bilal Siddiqi. Impacts of judicial reform in small claims procedures on court congestion in the Philippines. International Initiative for Impact Evaluation (3ie), febbraio 2021. http://dx.doi.org/10.23846/pwpie132.

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Orbeta Jr, Aniceto C., Vicente B. Paqueo e Bilal Siddiqi. Impacts of judicial reform in criminal case procedures on court congestion in the Philippines. International Initiative for Impact Evaluation (3ie), febbraio 2021. http://dx.doi.org/10.23846/pwpie131.

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Bevenger, Gregory S., e Rudy M. King. A pebble count procedure for assessing watershed cumulative effects. Ft. Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Forest and Range Experiment Station, 1995. http://dx.doi.org/10.2737/rm-rp-319.

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Cole, G. H. Round-robin testing of Soleq EV cort according to the SAE J1634 test procedure dated May 1993. Office of Scientific and Technical Information (OSTI), maggio 1993. http://dx.doi.org/10.2172/236276.

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Ashley, Caitlyn, Elizabeth Spencer Berthiaume, Philip Berzin, Rikki Blassingame, Stephanie Bradley Fryer, John Cox, E. Samuel Crecelius et al. Law and Policy Resource Guide: A Survey of Eminent Domain Law in Texas and the Nation. A cura di Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2017. http://dx.doi.org/10.37419/eenrs.eminentdomainguide.

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Eminent Domain is the power of the government or quasi-government entities to take private or public property interests through condemnation. Eminent Domain has been a significant issue since 1879 when, in the case of Boom Company v. Patterson, the Supreme Court first acknowledged that the power of eminent domain may be delegated by state legislatures to agencies and non-governmental entities. Thus, the era of legal takings began. Though an important legal dispute then, more recently eminent domain has blossomed into an enduring contentious social and political problem throughout the United States. The Fifth Amendment to the United States Constitution states, “nor shall private property be taken for public use, without just compensation.” Thus, in the wake of the now infamous decision in Kelo v. City of New London, where the Court upheld the taking of private property for purely economic benefit as a “public use,” the requirement of “just compensation” stands as the primary defender of constitutionally protected liberty under the federal constitution. In response to Kelo, many state legislatures passed a variety of eminent domain reforms specifically tailoring what qualifies as a public use and how just compensation should be calculated. Texas landowners recognize that the state’s population is growing at a rapid pace. There is an increasing need for more land and resources such as energy and transportation. But, private property rights are equally important, especially in Texas, and must be protected as well. Eminent domain and the condemnation process is not a willing buyer and willing seller transition; it is a legally forced sale. Therefore, it is necessary to consider further improvements to the laws that govern the use of eminent domain so Texas landowners can have more assurance that this process is fair and respectful of their private property rights when they are forced to relinquish their land. This report compiles statutes and information from the other forty-nine states to illustrate how they address key eminent domain issues. Further, this report endeavors to provide a neutral third voice in Texas to strike a more appropriate balance between individual’s property rights and the need for increased economic development. This report breaks down eminent domain into seven major topics that, in addition to Texas, seemed to be similar in many of the other states. These categories are: (1) Awarding of Attorneys’ Fee; (2) Compensation and Valuation; (3) Procedure Prior to Suit; (4) Condemnation Procedure; (5) What Cannot be Condemned; (6) Public Use & Authority to Condemn; and (7) Abandonment. In analyzing these seven categories, this report does not seek to advance a particular interest but only to provide information on how Texas law differs from other states. This report lays out trends seen across other states that are either similar or dissimilar to Texas, and additionally, discusses interesting and unique laws employed by other states that may be of interest to Texas policy makers. Our research found three dominant categories which tend to be major issues across the country: (1) the awarding of attorneys’ fees; (2) the valuation and measurement of just compensation; and (3) procedure prior to suit.

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Horwitz, Benjamin A., e Barbara Gillian Turgeon. Fungal Iron Acquisition, Oxidative Stress and Virulence in the Cochliobolus-maize Interaction. United States Department of Agriculture, marzo 2012. http://dx.doi.org/10.32747/2012.7709885.bard.

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Our project focused on genes for high affinity iron acquisition in Cochliobolus heterostrophus, a necrotrophic pathogen of maize, and their intertwined relationship to oxidative stress status and virulence of the fungus on the host. An intriguing question was why mutants lacking the nonribosomal peptide synthetase (NRPS) gene (NPS6) responsible for synthesis of the extracellular siderophore, coprogen, are sensitive to oxidative stress. Our overall objective was to understand the mechanistic connection between iron stress and oxidative stress as related to virulence of a plant pathogen to its host. The first objective was to examine the interface where small molecule peptide and reactive oxygen species (ROS) mechanisms overlap. The second objective was to determine if the molecular explanation for common function is common signal transduction pathways. These pathways, built around sensor kinases, response regulators, and transcription factors may link sequestering of iron, production of antioxidants, resistance to oxidative stress, and virulence. We tested these hypotheses by genetic manipulation of the pathogen, virulence assays on the host plant, and by following the expression of key fungal genes. An addition to the original program, made in the first year, was to develop, for fungi, a genetically encoded indicator of redox state based on the commercially available Gfp-based probe pHyper, designed for animal cell biology. We implemented several tools including a genetically encoded indicator of redox state, a procedure to grow iron-depleted plants, and constructed a number of new mutants in regulatory genes. Lack of the major Fe acquisition pathways results in an almost completely avirulent phenotype, showing how critical Fe acquisition is for the pathogen to cause disease. Mutants in conserved signaling pathways have normal ability to regulate NPS6 in response to Fe levels, as do mutants in Lae1 and Vel1, two master regulators of gene expression. Vel1 mutants are sensitive to oxidative stress, and the reason may be underexpression of a catalase gene. In nps6 mutants, CAT3 is also underexpressed, perhaps explaining the sensitivity to oxidative stress. We constructed a deletion mutant for the Fe sensor-regulator SreA and found that it is required for down regulation of NPS6 under Fe-replete conditions. Lack of SreA, though, did not make the fungus over-sensitive to ROS, though the mutant had a slow growth rate. This suggests that overproduction of siderophore under Fe-replete conditions is not very damaging. On the other hand, increasing Fe levels protected nps6 mutants from inhibition by ROS, implying that Fe-catalyzed Fenton reactions are not the main factor in its sensitivity to ROS. We have made some progress in understanding why siderophore mutants are sensitive to oxidative stress, and in doing so, defined some novel regulatory relationships. Catalase genes, which are not directly related to siderophore biosynthesis, are underexpressed in nps6 mutants, suggesting that the siderophore product (with or without bound Fe) may act as a signal. Siderophores, therefore, could be a target for intervention in the field, either by supplying an incorrect signal or blocking a signal normally provided during infection. We already know that nps6 mutants cause smaller lesions and have difficulty establishing invasive growth in the host. Lae1 and Vel1 are the first factors shown to regulate both super virulence conferred by T-toxin, and basic pathogenicity, due to unknown factors. The mutants are also altered in oxidative stress responses, key to success in the infection court, asexual and sexual development, essential for fungal dissemination in the field, aerial hyphal growth, and pigment biosynthesis, essential for survival in the field. Mutants in genes encoding NADPH oxidase (Nox) are compromised in development and virulence. Indeed the triple mutant, which should lack all Nox activity, was nearly avirulent. Again, gene expression experiments provided us with initial evidence that superoxide produced by the fungus may be most important as a signal. Blocking oxidant production by the pathogen may be a way to protect the plant host, in interactions with necrotrophs such as C. heterostrophus which seem to thrive in an oxidant environment.

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CONCEPT AND FUNCTIONS OF E-JUSTICE IN THE DIGITAL ECONOMY. DOI CODE, 2021. http://dx.doi.org/10.18411/0131-5226-2021-70001.

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Abstract. The article deals with the concept of "electronic justice" and features of the use of electronic justice for the consideration of economic disputes. In the digital economy e-justice is one of the legal constructions that provide a comfortable legal environment for economic activity. This is a complex of legal relations and technological solutions that provides individuals and legal entities with the opportunity to use digital technologies at all stages of the judicial process, to obtain information about the activities of courts through electronic access. The e-justice mechanism includes video and audio recording of court sessions, electronic document management with the use of an electronic signature, an electronic archive for storing electronic documents, the use of cloud technologies, as well as the use of electronic documents as evidence. Improving the legal regulation of e-justice in the digital economy, along with reforming procedural legislation, should include the development of a Federal law on electronic documents.

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