Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / O presente estudo tem por objetivo analisar a contribuição dos conflitos para a evolução do Direito e das formas de solucioná-lo. Tem por finalidade estudar o desenvolvimento da jurisdição e do processo nos conhecidos Estado Liberal, Estado Social e Estado Constitucional. O estudo oferece ênfase à incidência do constitucionalismo sobre o direito, em especial ao Direito Processual. O processo justo e suas garantias, extraídas da Constituição Federal, transformaram o processo em instrumento de concretização das normas constitucionais. A crescente litigiosidade e dependência dos cidadãos relativamente a decisão adjudicada impõem uma necessária reformulação da cultura processual. Neste ponto, o empoderamento ganha destaque como meio de fomentar a utilização de meios consensuais para solução de conflitos. Tais meios são observados como complemento e instrumentos para o afastamento da crise de efetividade experimentado pela jurisdição. A introdução, no processo, de meios consensuais de solução de conflitos, como a mediação judicial, pretende fomentar o desenvolvimento do modelo cooperativo de processo. Consequentemente, a maior participação das partes no processo de construção da solução a ser aplicada ao conflito que as envolve, contribui para a maior efetividade da prestação jurisdicional. Examina-se, cautelosamente, a introdução dos meios consensuais de solução de conflitos no processo judicial de modo que as características essenciais de cada um não sejam perdidas ou transformadas, sob pena de desvirtuar-se a mediação judicial. É preciso assegurar a compatibilidade entre ambos, bem como a aplicação das garantias fundamentais do processo. / The present study aims to analyze the contribution to the evolution of conflicts of law and the ways to solve it. It aims to study the development of the jurisdiction and the process known in the Liberal State, Welfare State and the Constitutional State. The study gives emphasis to the impact of constitutionalism on the right, especially the Procedural Law. The fair trial and its guarantees, drawn from the Constitution, the process turned into an instrument of implementation of constitutional norms. Increased litigation and dependence of citizens to impose a decision adjudicated necessary needs reform of procedural culture. At this point, the empowerment gained prominence as a means of promoting the use of consensual means of conflict resolution. So, the ways are seen as a complement and instruments for the removal of the effectiveness of crisis experienced by jurisdiction. The introduction, in the process of consensual means of dispute resolution, such as mediation court, aims to promote the development of the cooperative process. Consequently, the largest participation in the process of construction of the solution to be applied to the conflict that surrounds them, contributes to greater effectiveness of adjudication. It examines cautiously the introduction of consensual means of resolving conflicts in the judicial process so that the essential characteristics of each are not lost or transformed, otherwise misrepresenting themselves to judicial mediation. It needs to ensure compatibility between them, and the application of the fundamental guarantees of the process.

The Application for an appeal review in civil court proceedings is an exceptional remedy, which may brought against final decisions of the Court of appeal. Through the application for an appeal review the Supreme Court of the Czech Republic not only corrects the defects of legal decisions of courts of appeal, but at the same time it keeps an eye on the unification of the decision-making practice of the courts of appeal. The legal regulation of the application for an appeal review is contained in particular in the Code of civil procedure, as amended, and its minor styling techniques can be found also in the Act on the special legal proceedings, and in the Act on courts and judges. Due to quite complicated legislation and high procedural demands that are placed on the application for an appeal review, is this extraordinary legal remedy a frequent subject of the decisions of the Supreme and the Constitutional Court, whose conclusions are in many decisions fundamentally distinguishing. These contradictions in such conclusions often makes legal regulation of an application for an appeal review even less transparent. The Code of civil procedure lays down the fundamental prerequisites to the admissibility of the application for an appeal review and its requirements. In the preparation of the application...

Legal force and enforcement of judgement Abstract The subject of this thesis are legal force and enforcement of judicial decisions adjudicated in the civil procedure. Its main goal is to provide an in depth yet comprehensive analysis of its effects, its role in the judicial proces and to demonstrate their functional connexion. A secondary objectif of this thesis is to provide the reader with a current legislation based critical assesement of the legal terminology employed by the czech doctrine to describe the effects of legal force. Despite the fact that the legal force and enforcement of judicial decisions are closely linked by their purpose, they are conceptually independent. Therefore, they will be dealt with separately. First, the legal force of a judicial decision will be examined, second, its enforcement will be adressed. The thesis is divided into five chapters in total which are further subdivided into sections and subsections. The first chapter consists of a brief introdution to the relevant mechanics of the Roman civil procedure which importance to the notion of legal force as we know it is not to be underestimated. Apart from a historical context, its analysis should contribute to a better understanding of its true nature and function in the contemporary civil procedure. In this context, material...

A fair, unbiased jury that follows the courts instructions is a crucial aspect of the American criminal justice system, mandated by both the California and United States Constitution. When jurors violate judicial instructions, it can jeopardize the impartiality of a case. Despite this, little research has been completed on what individual differences are indicative of greater willingness to commit jury misconduct. Misconduct can occur when jurors fail to follow judicial instructions in circumstances that a reasonable person may be tempted to disobey. This study explores potential individual differences that correlate with a greater likelihood of excusing and even committing juror misconduct under specific circumstances. Participants (N = 148) in an online survey read one of six vignettes relating to a mock court case. These vignettes either presented clear or confusing information, and included one of three types of juror misconduct witness [googled a term, talked to their spouse about the case, or went to the crime scene]. Neither the severity of the juror misconduct nor the clarity of expert testimony significantly affected participant’s perceptions of the behavior. However, participants Right Wing Authoritarianism and Belief in a Just World scores did affect their likelihood of reporting the juror misconduct as well as influenced their report of whether they would engage in these behaviors.

According to the Department of Homeland Security, Office of Immigration Statistic, California accounts for approximately 2,600,000 illegal immigrants in 2009. This number represents about 25 percent of the entire estimated illegal immigrant population in the United States, which is roughly 10.8 million. Between 2003 and 2008, the U.S. government removed 1,446,338 noncitizens from the United States. This rise in deportation is a result o the changes that have been enacted by the federal government over the years that transformed the nature of immigration enforcement. This thesis explores the California Immigration Enforcement system from the programs established to apprehend illegal aliens in the United States, the rights illegal aliens are granted, the detention facilities where they reside and the immigration courts that ultimately decide their fate. The question that is being asked is whether the current system established works or if reform is needed.

<p>The purpose of this thesis is to investigate the plaintiffs and the defendant’s prospects to change their claims and pleas in optional civil actions and how the rules for the modifications of a suit are affecting the framework of the process. The plaintiff's general ability to expand and alter the claim is found in the chapter 13, 3 § of the Act of Procedure and the basic principle is that a claim is not to be changed. From this basic principle exceptions are allowed to claim another fulfillment or to expand the process with a claim for interest or other additional obligations. The plaintiff can also limit his or her claim or expand the claim with new legal foundations as long as the issue of the process does not change. The defendant’s prospects to make changes in his or her plea are limited to admission and setting off.</p>

published_or_final_version / Public Administration / Master / Master of Social Sciences

The purpose of this thesis is to investigate the plaintiffs and the defendant’s prospects to change their claims and pleas in optional civil actions and how the rules for the modifications of a suit are affecting the framework of the process. The plaintiff's general ability to expand and alter the claim is found in the chapter 13, 3 § of the Act of Procedure and the basic principle is that a claim is not to be changed. From this basic principle exceptions are allowed to claim another fulfillment or to expand the process with a claim for interest or other additional obligations. The plaintiff can also limit his or her claim or expand the claim with new legal foundations as long as the issue of the process does not change. The defendant’s prospects to make changes in his or her plea are limited to admission and setting off.

For centuries, the theory and principles of diplomatics have played a role in the work of European archivists. In North America, however, its relevance is still under scrutiny. This thesis employs diplomatic analysis to test its validity when applied to modern documents and procedures. To investigate the significance of diplomatic methodology and analysis, this thesis first discusses the recent history and structure of the British Columbia court system. It then examines a selection of case files from the civil, probate and bankruptcy registries, and it assigns the documents within to one of the six phases of a procedure: initiative, inquiry, consultation, deliberation, deliberation control, and execution. The study concludes by discussing the diplomatic character of the procedures and its importance in the understanding of modern records. More specifically, it outlines how diplomatics and procedural analysis can assist records professionals in the development of classification systems and retention and disposition schedules; the design of automated records management systems; and archival appraisal, arrangement and description.

Teismo sprendimų vykdymas yra baigiamoji civilinio proceso stadija, kurios metu siekiama įvykdyti teismo sprendimą, o isieskotojas ir skolininkas realiai patiria teisinį ir materialinį teismo sprendimo poveikį. Vykdant teismo sprendimus, svarbu griežtai laikytis įstatymo nustatytos priverstinės teismo sprendimų vykdymo tvarkos, kad nebūtų pažeidžiamos išieskotojo, skolininko bei trečiuju asmenų teisės ir teisėti interesai. 2003 m. sausio 1d. įsigaliojo naujieji vykdymo procesą reglamentuojantys įstatymai. Šiandien jau galime daryti pirmas išvadas, dėl naujos antstolių darbu reglamentuojančios tvarkos. Darbe aptariami turto realizavimo būdai ir aktualiausios jų taikymo problemos. Populiariausiu turto realizavimo vykdymo procese būdu yra turto pardavimas iš varžytiniu. Kiti būdai, kaip parodė autorės atliktas tyrimas yra praktiskai nenaudojami. / The implementation of court judgements is the final stage of civil procedure during which a court judgment comes into force. Further a plaintiff as well as a debtor faces juridical and real actions concerning the property. The implementation of court judgements requires following the order accurately. Lawful concerns and rights of a plaintiff, a debtor and a third person mustn’t be violated. New laws that regulate the enforcement of judgments came into force in 1 January 2003. The first inferences maybe drown today concerning the new order that regulates bailiff actions. The main issue discussed in this research is the ways of the realization of property and the problems arising in the process of realization. It is considered that the most popular means of realization of property is bidding in an auction. The other means, as it was demonstrated in this research, are not used in the real life.