Call number: LD2668 .T4 1979 C37 / Master of Arts

Šiame darbe nagrinėjamas Konstitucinio teismo nutarimų sisteminimas civilinės atsakomybės instituto aspektu bei Konstitucinio Teismo nutarimų civilinės atsakomybės klausimais reikšmė perimamumas žemesnės instancijos teismais, formuojant vienodą visų Lietuvos Respublikos teismų sistemoje esančių institucijų praktiką. Darbe iškeliamas klausimas dėl Konstitucinio Teismo vadovavimosi jo paties nutartimis nagrinėjant vėlesnes bylas. Atsižvelgiant į numatytus darbo tikslus šiame darbe dėmesys skiriamas tiek istorinei civilinės atsakomybės instituto kilmei, tiek ir jo reglamentavimui kitose valstybėse. Tačiau didžiausias dėmesys vis dėl to buvo skiriamas Konstitucinio Teismo praktikos civilinės atsakomybės klausimų aiškinimo analizei. Darbe ganėtinai plačiai yra atskleidžiama Konstitucinio teismo vieta Lietuvos teisės sistemoje. Pagrindinis darbo tikslas išnagrinėti Lietuvos Respublikos Konstitucinio Teismo praktiką civilinės atsakomybės klausimais. Darbe Konstitucinio Teismo praktika civilinės atsakomybės klausimais išdėstyta dalimis, kurių kiekvienos pavadinimas atspindi civilinės atsakomybės nagrinėjimo aspektą. Tokiu būdu darbe yra bandomos susisteminti Konstitucinio Teismo nutartys. Darbe, taip pat pateikta Lietuvos Aukščiausiojo ir Lietuvos Vyriausiojo Administracinių teismų praktikos, civilinės atsakomybės aiškinimo klausimais, lyginamoji analizė, kuria siekiama išnagrinėti kaip Konstitucinio Teismo nutarimuose įtvirtintos analitinio pobūdžio nuostatos taikomos minėtų teismų... [toliau žr. visą tekstą] / Decisions of Constitutional Court of Republic of Lithuania are being examined in present study in order to systematize the practice of the court in the field of civil responsibility; the value and interception of the practice was examined as well in order to form equal practice in all courts of Lithuanian Republic. It is discussed about previous judgments of Constitutional Court in meanings of present lawsuits. Review of historical civil responsibility meaning as well as regulation in other countries was one of the goals of this study, but the biggest consideration was about analysis of matters of responsibility in civil practice in Constitutional Court. What is more the position of Constitutional Court in Lithuanian law system was widely analyzed. Main goal of the study was to analyze practice of Constitutional Court of Lithuanian Republic in meanings of civil responsibility. This practice was overlooked in parts where the title of each part represents aspect of analysis in civil responsibility. In this way Constitutional Court decisions are being systemized. This study also presents practice of Supreme Court and Supreme Administrative Court in means of explanation of civil responsibility. Also analysis that examines how analytical attitude formed in Constitutional Court is used in mentioned law practice. In this master study of law where theory and practice are almost equally important a lot of efforts are made to discuss about main problems, find solutions and make... [to full text]

Studies of the Supreme Court consistently show that the Office of the Solicitor General enjoys remarkable success before the Supreme Court, both at the certiorari stage and at the merits stage. These studies offer a variety of explanations for Solicitor General success, but fail to portray accurately the Office of the Solicitor General and to account for variations in governmental success. This paper seeks to continue the exploration of governmental success. By looking at the Office of the Solicitor General as a series of individuals with distinct characteristics rather than as a single entity, and by accounting for various situational dynamics, I attempt to explain the variations in executive success.

In 2015, South Africa withdrew from the International Criminal Court asserting United Nation’s Security Council bias in referring only African cases (Strydom October 15, 2015; Duggard 2013) and the United Kingdom reiterated a pledge to withdraw from the European Court of Human Rights, asserting that the court impinges on British sovereignty (Watt 2015). Both are examples of extraterritorial courts which are an important part of regional and global jurisprudence. To contribute to our understanding of the relationship between states and extraterritorial courts, I examine arguably the first and best example of an extraterritorial court, namely the Judicial Committee of the Privy Council (JCPC). Drawing on 50 British Commonwealth states, this dissertation explores the factors influencing the decision to accede to an extraterritorial court and why some states subsequently opt to sever ties. I build on Dahl’s theory (1957) that the nation’s highest court interacts with the governing coalition and, for the most part, serves as an ally and uphold its policies. I argue that that governing coalition wants the final appellate court that they most expect to be an ally and extend this expectation to extraterritorial courts. As a result, the governing coalition looks at the court more critically. States may change or abolish the jurisdiction of the court if it undermines or seems likely to undermine state policy. Examining this phenomenon across the British Commonwealth provides comparative insights into how governing coalitions may view extraterritorial courts.

This study has two purposes: first, to test the validity of the personal attribute model in explaining judicial voting behavior outside its original cultural context; second, to explain the variation in justice's voting behavior in the Canadian Supreme Court. For the most part, the result arrived in this study supports the validity of the model in cross-cultural analysis. The result of multiple regression analysis shows that four variables, region, judicial experience prior to appointment, political party of appointing Prime Minister, and tenure account for 60 percent of the variations in justice's voting behavior. This result, hence, provides an empirical finding to the development of the personal attribute model in explaining justices' voting behavior.

The purpose of this study is to analyze certain major reforms in the Code in an effort to determine whether or not the "status quo" has been change. These reforms are: (1) henceforth all military legal proceedings are to be governed by a single Code equally applicable to all the services; (2) all military judicial proceedings are to be governed as near as practicable by the rules of civil procedure and evidence observed in the criminal proceedings of the United States district courts; (3) all persons charged with an offense are to have competent legal counsel at all stages of pretrial and trial proceedings; (4) all persons subject to the Code are assured that they shall not be subject to compulsory self-incrimination; (5) all who are subject to the Code are presumed innocent until proven guilty beyond a reasonable doubt and (6) all are guaranteed an automatic and mandatory review (under certain conditions) of their trials.

On February 5, 1937, President Franklin Roosevelt submitted to Congress “The Judiciary Reorganization Act of 1937,” often simply called the Court-packing bill. The president hoped to circumvent the Court, which for years had been overturning New Deal programs, by appointing six new justices. However, the bill disguised its true intentions behind a veil of improving judicial efficiency. This misdirection backfired; the bill failed and Roosevelt’s popularity plummeted just months after a landslide reelection. This thesis examines the origins of the infamous Court-packing bill. It argues that Roosevelt was largely a background figure in the development of the plan, as he charged Attorney General Homer Cummings with finding a solution to the Court’s obstinacy. Cummings was the driving force behind the bill, particularly with regards to keeping it secret from other advisers and hiding its true intentions. Roosevelt’s most crucial mistake was in relying almost exclusively on his cunning attorney general.

- Special court proceedings (general issues) The diploma thesis is focused on the topic special court proceedings. Special court proceedings are a subject, representing one kind of the civil proceedings that is characterized by disposing peculiarities from the general regulations of the civil dispute proceedings. Special court proceedings are governed mainly by the Act No. 292/2013 Coll., on special court proceedings. This act contains the exceptions from the general proceedings regulations and enumeration of the specific special proceedings and its regulation. Also Act No. 99/1963 Coll., civil procedure code is subsidiary used. This thesis aims to give a comprehensive explanation of the subject of special court proceedings by consistent definition of the subject itself based on use of the several ways of distinguishing it from the civil dispute proceedings. The next target of the thesis is to evaluate the historical development of the mentioned subject and to compare contemporary legislation with the laws applicable during the era of the first republic. Last but not least the thesis contains the analysis of the current legislative, especially the act on special court proceedings, which content and formal aspect of elaboration is assessed. The description of the special court proceedings itself...

This study analyzes activist behavior of Supreme Court justices in 132 decisions which struck down congressional statutes as unconstitutional in 1789-1990. Analysis of the justices' activist rates and liberalism scores demonstrate that these votes are ideologically based. Integrated models containing personal attribute and case factor variables are constructed to explore the votes as activist behavior. The same models are also tested with a new dependent variable constructed to measure the nullification votes as liberal votes. The models which explain the votes as ideological responses better explain the votes than the models which explain the votes as activism or restraint. The attribute variables offer better explanation in the late 20th century models and the case factors offer better explanation in the early period models.

The purpose of this research is to understand how Trial Court Judges in state and city courts make decisions in domestic violence cases. The researcher examined the relationship between legal (e.g., evidence) and extra-legal factors (e.g., preconceived biases and behaviors related to judicial decision-making) using a qualitative research design. A case study of multiple locations in Orleans and Jefferson Parishes was used whereby a purposive sample of 17 current civil, municipal, and criminal court judges were interviewed. Judicial decision-making strategies were studied via face-to-face interviews, courtroom observations, and content analysis of courtroom communications (e.g., speech, written text, interviews, images, etc.). The researcher discusses future applications of the study as well as the application of findings to assist in exploring judicial decision-making processes. This qualitative research may be beneficial to policy planners, practitioners, and sociologists in gaining insight into the complexity of the judges’ decision-making processes.