Recognition and waiver of a procedural claim Abstract The thesis deals with the institutes of recognition and waiver of a procedural claim, which are a specific way of ending of court proceedings based on a dispositional act of concerned procedural party. The purpose of the institutes of recognition and waiver of a procedural claim is, in particular, to speed up the proceedings and save costs to both the state and the parties, in a situation where there is no longer a factual dispute between the parties and yet the parties have an interest in authoritative acknowledgment of such situation, unlike, for example, the institute of withdrawal of the action, which does not constitute an obstacle of rei iudicatae. The first chapter contains a general theoretical background of the thesis, definitions of basic terms and differentiation from similar institutes such as the mentioned withdrawal of the lawsuit or a court settlement. The first chapter also compares the differences between material recognition and waiver and their consequences. The following second chapter then contains a historical review of the regulation of the recognition and waiver of procedural claims institutes on our territory. The review begins with the Civilian Procedure Code from 1895, then deals with the Civic Procedure Code from 1950 and the...

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The purpose of this study is to explore a potentially more practical approach to direct writing assessment using computer algorithms. Traditional rubric rating (RR) is a common yet highly resource-intensive evaluation practice when performed reliably. This study compared the traditional rubric model of ESL writing assessment and many-facet Rasch modeling (MFRM) to comparative judgment (CJ), the new approach, which shows promising results in terms of reliability and validity. We employed two groups of raters”novice and experienced”and used essays that had been previously double-rated, analyzed with MFRM, and selected with fit statistics. We compared the results of the novice and experienced groups against the initial ratings using raw scores, MFRM, and a modern form of CJ”randomly distributed comparative judgment (RDCJ). Results showed that the CJ approach, though not appropriate for all contexts, can be valid and as reliable as RR while requiring less time to generate procedures, train and norm raters, and rate the essays. Additionally, the CJ approach is more easily transferable to novel assessment tasks while still providing context-specific scores. Results from this study will not only inform future studies but can help guide ESL programs to determine which rating model best suits their specific needs.

Voluntary actions affect subsequent perception. For example, an action that precedes an auditory stimulus is perceived to have occurred later in time than is actually the case, while the auditory stimulus is perceived earlier in time. This effect is known as intentional binding. Current literature regarding action effects focuses on perception of a single sensory modality while the effects on perception of multiple modalities remain largely unknown. The present thesis explored how actions influenced the timing of perceived multisensory events. Additionally, this thesis investigated differences in voluntary compared to involuntary actions on subsequent perception. In Chapter 2, action effects on perceived onsets of visual and tactile stimuli were explored. This question was extended to other bimodal pairs, including audiovisual and audiotactile, in Chapter 3. Lastly, in Chapter 4, action effects on temporal resolution were investigated. In all the experiments, participants performed a chosen or a fixed button press that followed a bimodal temporal order judgment (TOJ) task. To investigate the influence of spatial proximity between actions and stimuli on binding, in Chapters 2 and 3, each stimulus modality appeared on different sides. In Chapter 4, the critical stimuli appeared at the same location, either close to or far from the preceding action, to explore the effect of action on temporal resolution. The present data provide evidence that actions affect the perceived onsets of multisensory events in an idiosyncratic manner, depending on the subsequent stimuli. Actions appear to preferentially bind to vision, then touch, and lastly, audition, but actions do not always bind to subsequent stimuli. Furthermore, actions degrade temporal resolution of bimodal stimuli. Lastly, the type of action, whether chosen or fixed, did not impact the degree of binding. Together, these data contribute to the action-perception literature, illustrating that our behaviours dynamically affect how we perceive the world. / Dissertation / Doctor of Philosophy (PhD)

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The purpose of the study is to explore how children are made involved in the administrative court's judgments in cases relating to coercive interventions with the support of § 3 LVU. Fifteen LVU-judgments have been analyzed through a qualitative content analysis to find relevant thematic areas. The material has been analyzed using previous research, Gallagher's theory of children's participation and power and Hart's theory of participation. The result shows that children are made involved to varying extents in the administrative court's judgments by being allowed to express their opinion and attitude. However, the children's opinions and attitude have not had any influence in the administrative court's decision. Furthermore, it appears that it is not entirely clear what is meant by applying children's participation in practice and that it thus becomes a question of interpretation. In the judgements, the children state that they consent to care and that the care can thus take place through voluntary efforts. However, the administrative court considers that the consents are not reliable, whereupon they approve the social welfare board's application for compulsory care. The conclusion is that an adult perspective is decisive for the outcome of the judgments.