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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
41

Fact finding and the World Court

Foster, William F. January 1968 (has links)
On December 16, 1963, the General Assembly of the United Nations adopted Resolution 1967 (XVIII) recording its belief that provision for impartial fact finding within the framework of international organizations, and in bilateral and multilateral conventions, could make an important contribution to the peaceful settlement of disputes, and to their prevention. The Resolution noted a considerable body of practice in the use of fact finding methods in international relations, which is available to be studied "for the progressive development of such methods" (6th perambular paragraph). In the light of this Resolution, the object of this study was to ascertain the nature and the scope of the fact finding powers possessed by the principal judicial organ of the community of nations, the World Court and their applicability in the various types of proceedings which may be instituted before it. As a background the major problems inherent in, and the nature and function of, the law of evidence in international judicial proceedings are sketched. An attempt is also made to determine the respective rights and duties of the litigants and the World Court in the matter of the adduction of evidence. The provisions of the Statute and Rules of the World Court which expressly confer upon it fact finding powers are then examined. A broad competence is seen to be granted the Court to request the production of evidence, and to undertake investigations and enquiries of various kinds into the facts of the issues submitted to it. The only condition precedent to the exercise of these powers being that the litigant states must have agreed to submit their dispute to the Court for adjudication. Notwithstanding a paucity of authority, it is also found that the world Court also possesses certain implied fact finding powers stemming not from the instruments of its creation, but from its inherent nature as a judicial tribunal. This implied competence to undertake researches, of its own motion, into the facts of an issue submitted to it supplements the Court's express competence, although a duplication of the power to appoint independent experts is evident. It is then ascertained whether the World Court can have recourse to all the fact finding powers conferred upon it in the two categories of proceedings, contentious and advisory proceedings, which may be instituted before it. Some limitations on the Court's powers are found to exist in the case of advisory proceedings, these limitations deriving from the nature of the proceedings. With respect to contentious proceedings no limitations were found. From the preceding examination of the fact finding powers of the World Court it was concluded that it had the potential to discover the absolute truth of any issue submitted to it for decision, with the co-operation of the parties. While some amendments to the Statute and Rules of the Court were suggested, it was felt that any major revisions of the Court's powers would have no substantial effect until the jurisdiction of the Court became compulsory. / Law, Peter A. Allard School of / Graduate
42

Die rol van deskundige getuienis by vonnisoplegging in die strafverhoor (Afrikaans)

Nijenhuis, Herman Mario 20 July 2005 (has links)
The full text of this thesis/dissertation is not available online. Please <a href="mailto:upetd@up.ac.za">contact us</a> if you need access. Read the abstract in the section 00front of this document. / Dissertation (LLM)--University of Pretoria, 2006. / Procedural Law / unrestricted
43

Rules of evidence in criminal cases in South Africa

Campbell, Jean 13 January 2015 (has links)
No description available.
44

ALI/UNIDROIT principles and rules of transnational civil procedure : ein Instrument zur Lösung des deutsch-amerikanischen Justizkonflikts bei grenzüberschreitenden Beweisaufnahmen? /

Waterstraat, Daniel. January 2006 (has links)
Thesis (doctoral)--Universität, Augsburg, 2005.
45

Justice Denied: Low Submission Rates of Sexual Assault Kits and The Predicting Variables

Valentine, Julie 04 May 2017 (has links)
The state of Utah has sexual assault rates consistently higher than the national average. Following sexual assaults, victims are advised to seek health care services with evidence collected and packaged in sexual assault kits (SAKs). This large (N=1,874), retrospective study examined rates of sexual assault kit (SAK) submissions by law enforcement (LE) to the state crime laboratory for analysis at four sites in Utah with established sexual assault nurse examiner (SANE) programs on SAKs collected from 2010 to 2013. Variables of legal and extralegal characteristics in sexual assault cases were explored through GEE modeling to determine what factors predicted SAK submissions. For submitted SAKs, the length of time between the dates of assault and dates of submission were categorized and bivariate and multivariate analyses calculated to discover legal and extralegal characteristics affecting time of submission. The four study sites in Utah represented 40% of Utah LE agencies and 65% of the state’s population. Out of the 1,874 SAKs in the study, only 38.2% were submitted by LE to the state crime laboratory for analysis. When SAK submissions were examined based upon time between assaults and submission dates, 22.8% were submitted within a year of the assault and 15.4% were submitted more than a year after the assault following media and community pressure for LE agencies to submit SAKs in storage. Significant variability of SAK submission rates and the time submitted from the assault dates were found between the four sites. Site location was found to be the main determinant of whether or not SAKs were submitted. The lack of SAK submissions for analysis results in justice denied for victims and raises public safety concerns. The finding that the location in which the sexual assault occurred was the primary factor on SAK submissions represents an inequity of justice. / School of Nursing; / Nursing / PhD; / Dissertation;
46

Účetnictví a evidence individuálního podnikatele / [13:41:59] Sony: Accounting and the registration of an individual entrepreneur

Brázdová, Eva January 2010 (has links)
The dissertation is about business activities of natural persons. Moreover, the work describes practices that an entrepreneur must accomplish before she/he starts a business such as obtaining business certificate and registration at competent offices. During his/her business activities an entrepreneur has a responsibility to keep a record, from which he/she has 3 options to choose. The main part of this dissertation is focused on the maintenance of a tax record that is corrected by law of income tax. Here what must necessary done by a entrepreneur while registering in the tax record is analyze in more detail. The attention is also paid to the income taxation of an individual entrepreneur. In the end, an empirical example is given, where practices with the maintenance of the tax evidence of an individual entrepreneur are described. In addition, data from the tax record are used to calculate the income tax of natural persons and the insurance premium for health and social insurance.
47

Die Parteivernehmung und der Grundsatz der Waffengleichheit im Zivilprozess : zugleich ein Beitrag zur Konkretisierung von Rechtsprinzipien /

Kwaschik, Annett, January 2004 (has links)
Thesis (doctoral)--Universität, Leipzig, 2003.
48

American legal thought and the law of evidence, 1904-1940

Porwancher, Andrew January 2011 (has links)
No description available.
49

An argument for partial admissibility of polygraph results in trials by courts-martial

Burnette, J. Frank. January 1900 (has links)
Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1990. / "April 1990." Typescript. Includes bibliographical references (24 leaves at end). Also issued in microfiche.
50

Military Rule of Evidence 707 a bright line rule which needs to be dimmed /

Canham, John J. January 1900 (has links)
Thesis (LL. M.)--Judge Advocate General's School, United States Army, 1993. / "April 1993." Typescript. Includes bibliographical references (leaves 72-97). Also issued in microfiche.

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