Research has shown that courts and practising jurists increasingly use social work pre-sentence reports. Pre-sentence reports can be requested from probation officers and social workers in private practice. These reports are prepared with the purpose of assisting courts in determining the most appropriate sentence taking into account the criminal, the victim and the community. Worldwide research as confirmed by this investigation indicates that jurists generally regard the quality of pre-sentence reports as unsatisfactory. This research focussed on jurists' quality grading and their pointing out of shortcomings and problems regarding certain aspects of the pre-sentence report. Twenty respondents took part in this research among whom were advocates (some with senior status), regional magistrates, magistrates and attorneys with experience in the criminal court as well as being experienced in employing pre-sentence reports. The aspects of the pre-sentence reports concentrated on is the report format, report content, the discussion of the facts (evaluation), motivation underlying the recommendations, general appearance, use of assessment instruments, presentation in court, as well as skills and knowledge required to write the reports. The respondents were also requested to indicate they prefer the service of either a probation officer or a social worker in private practice. Their preferences are highlighted and discussed. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.

Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My competitive spirit had found an outlet where it was not hampered by the unathletic body that housed it: competitive arguing. I have not been able to find any scholarly text that examines the ways in which mock trial teams themselves adhere to gender-normative patterns. I believe that this thesiswill be invaluable to an understanding of how gender roles are performed in the legal profession

Research has shown that courts and practising jurists increasingly use social work pre-sentence reports. Pre-sentence reports can be requested from probation officers and social workers in private practice. These reports are prepared with the purpose of assisting courts in determining the most appropriate sentence taking into account the criminal, the victim and the community. Worldwide research as confirmed by this investigation indicates that jurists generally regard the quality of pre-sentence reports as unsatisfactory. This research focussed on jurists' quality grading and their pointing out of shortcomings and problems regarding certain aspects of the pre-sentence report. Twenty respondents took part in this research among whom were advocates (some with senior status), regional magistrates, magistrates and attorneys with experience in the criminal court as well as being experienced in employing pre-sentence reports. The aspects of the pre-sentence reports concentrated on is the report format, report content, the discussion of the facts (evaluation), motivation underlying the recommendations, general appearance, use of assessment instruments, presentation in court, as well as skills and knowledge required to write the reports. The respondents were also requested to indicate they prefer the service of either a probation officer or a social worker in private practice. Their preferences are highlighted and discussed. / Thesis (M.A. (MW))--North-West University, Potchefstroom Campus, 2007.

This thesis aims to reveal the very considerable extent of the power and influence of the clerk to the justices and court clerks in magistrates' courts, and to assess the nature of the balance achieved by clerks between the demands of the organisation of the courts which they run and their role as the court's lawyer with responsibility for upholding, inter alia, due process norms. The first section of the thesis examines the role of the clerk in the courtroom. After assessing the extent to which the clerk's behaviour is constrained by legal rules, the relationship between clerk and magistrates is examined and the impact of the clerk on the proceedings of the court and the decisions of the magistrates are considered. It is argued that the clerk has a significant effect on the experience of all of those who come into contact with the criminal justice system and to this end the relationship between the clerk and unrepresented defendants, the clerk and the legal profession, the clerk and the police, and the clerk and probation officers and social workers is assessed. The second part of the thesis deals with the role of the clerk outside the courtroom. The influence of the clerk to the justices on the attitudes of magistrates through training is considered, and the impact of the clerk on policy decisions for the court is assessed. The quasi-judicial powers of the clerk are examined and the question of whether there is scope for future extension of the clerk's role is addressed. It is concluded that the role of the clerk is one of the most significant factors in determining the nature of summary justice, that the nature of the clerk's role is ready for re-assessment and that this may be most appropriately achieved by extension of the legal role of the clerk. The clerk does play a real part in protecting due process rights, but in relation to the protection of unrepresented defendants the clerk cannot be as effective as an advocate, and as a result represents a liberal compromise of 'good enough' justice.

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My competitive spirit had found an outlet where it was not hampered by the unathletic body that housed it: competitive arguing. I have not been able to find any scholarly text that examines the ways in which mock trial teams themselves adhere to gender-normative patterns. I believe that this thesiswill be invaluable to an understanding of how gender roles are performed in the legal profession

The thesis addresses lawyers’ information seeking in England and Wales. It aims to gain an understanding of lawyers’ information needs and use of resources relating to case law, statute and commentary, both hardcopy and electronic, with an interest in open access resources in particular. The study comprised of semi-structured interviews of 11 legal professionals qualified to practice in England and Wales. Data was analysed using thematic analysis. Questions were designed to elicit what resources participants used, what they found advantageous or disadvantageous about these resources, and any other factors that influenced whether a resource was used or not. The homogeneous participant group means results are mostly applicable to solicitors early in their career working in large firms, but some conclusions can be drawn as to use of open access by legal professionals. An electronic format is no barrier to use. Open access resources are used alongside commercial and free resources. Open access resources are perceived as advantageous for specific tasks. What is perceived as advantageous or disadvantageous depends on a number of underlying factors, such as task, task complexity and environment. However, although having beneficial features can affect resource use, advantageous characteristics are not enough to guarantee use. Lloyd’s theory of information literacy is of help in explaining resource selection. The study’s findings support other models of information seeking behaviour, especially Ellis’s model.

Under the hopeful atmosphere of Turkey's accession to full membership to European Union, Turkey became oriented towards realizing extensive legal and constitutional amendments, as well as juridical reforms in restructuring the contemporary body of law and judicial institutions based on the promise of strengthening access to justice mechanisms and improving human rights laws and practices in Turkey that was shaped by the discourses of democratic governance, rule of law, and economic progress. At the beginning of the second decade of 2000, the affective atmosphere in Turkey abruptly changed by a series of national and international crises, leading into an impasse in the ordinary life in Turkey. This dissertation aims to examine the promise of legal change as the history of the present of law and legal practice in Turkey. Focusing on everyday personal and professional practices of avukats (attorneys) in addressing the legal issues of gender and sexuality, I explore how the narratives of legal change historically inform the aesthetic formation of the contemporary body of law, as well as the differences between ordinary and professional bodies. Building on theories of affect and queer theories, I argue that the law constitutes both a historical site of socio-cultural belonging and an everyday social space within and through which professional bodies become oriented towards generating the possibilities of socio-legal change, depending how their personal and professional experiences and encounters shape their everyday legal practices and how they reside within judicial and professional positionalities in practicing the law. / Doctor of Philosophy / Starting from early 2000s, the contemporary body of law and judicial institutions underwent drastic changes, which accelerated by Turkey's accession to full membership to European Union. Under the discourses of democratic governance, rule of law, and economic progress, Turkey realized extensive legal and constitutional amendments, as well as juridical reforms with an emphasis on strengthening access to justice mechanisms and improving human rights laws and practices in Turkey. A series of national and international crises, which broke out at the begging of the second decade of 2000s, led Turkey to enter into a political and economic deadlock. In this dissertation, I examine the historical meanings attributed to the body and practice of law in discussing how the legal professional bodies are affected from the recent crises. Focusing on everyday personal and professional practices of avukats (attorneys) in addressing the legal issues of gender and sexuality, I explore how the historical narratives concerning legal change shaped the conventions of the form and content of the law, as well as the differences between the personal and professional identities. I argue that law constitutes a historical site in which socio-cultural norms and hierarchies are negotiated and a social space within and through which professional bodies negotiate the possibilities of social change, depending on how they shape their everyday personal and professional practices and how they position themselves within judicial and professional relations.

This thesis identifies the financial incentives of litigants and lawyers to behave in certain ways in relation to civil litigation files. By identifying such incentives, this thesis raises questions about the extent to which substantive and procedural private law is capable of being influenced by them. Specifically, this thesis argues that: lawyers have a lawmaking function within the private law system; lawyers have financial incentives distinct from those of their clients; and the costs of retaining lawyers produce observable incentives and effects on the outcomes of civil litigation matters. In addition to the many theoretical materials cited, empirical data have been cited from research observing the legal profession in North America and elsewhere. This thesis argues that external influences--such as financial incentives for non-parties--can affect the way private law applies and develops. This thesis also identifies general regulatory strategies that might limit the influence of external factors on private law.

A presente pesquisa tem como objetivo analisar os possíveis impactos da composição de gênero na trajetória profissional e na atuação jurisdicional do Tribunal de Justiça do Pará, especialmente em termos de efetivação dos direitos humanos das mulheres, a partir das perspectivas das desembargadoras que atuam no órgão. A escolha do TJPA justifica-se por ser o único Tribunal de Justiça cuja composição de desembargadoras é consideravelmente maior que a de desembargadores (64%), conforme censo realizado pelo Conselho Nacional de Justiça em 2014. Além disso, o órgão teve quatro presidências ocupadas por mulheres e duas por homens nos últimos dez anos, situação atípica em relação ao restante do país. Para tanto, partimos da hipótese recorrente em pesquisas sobre mulheres na profissão jurídica: afinal, a maior presença de mulheres no Judiciário pode trazer uma perspectiva diferente para a atuação jurisdicional, especificamente para a efetivação de direitos humanos das mulheres? O fato da composição do TJPA ser predominantemente feminina significa que as desembargadoras vivenciam menos discriminações na carreira? A metodologia utilizada é qualitativa, tendo como instrumento de coleta de dados a realização de entrevistas semiestruturadas com as desembargadoras. Em relação à análise de dados, as entrevistas foram submetidas à análise de conteúdo, com a elaboração de cinco categorias-chave: trajetória profissional, discriminações, relação carreira x família, diferenças de gênero no fazer jurisdicional e percepções sobre feminismo. Como resultados, concluímos que as percepções das desembargadoras acerca das discriminações vividas na carreira, bem como àquelas relativas à existência de diferenças no fazer jurisdicional são influenciadas pelos ideais da neutralidade e da imparcialidade. Esses resultados apontam para a necessidade de repensarmos não apenas a cultura masculina imbricada na profissão jurídica, mas, principalmente, os fundamentos capazes de servir como sólida base teórica para assegurar a igualdade de gênero (e de outros marcadores de diferenças sociais) no Poder Judiciário. / The objective of the present research is to analyze the possible impacts of gender composition on both the professional trajectory and the jurisdictional performance of the Court of Justice of Pará, especially in terms of the women\'s human rights effectiveness, based on the perspectives of the judges that work in the institution. Selecting TJPA is justified because it is the only Court of Justice whose female judges composition is considerably higher than that of male judges (64%), according to a census conducted by the National Justice Council in 2014. In addition, in the last ten years four women occupied presidencies against only two occupied by men, which is an atypical situation compared the rest of the country. For this, we start with the recurrent hypothesis in research on women in the legal profession: after all, can the greater women\'s presence in the Judiciary bring a different perspective to the judicial process, specifically for the realization of women\'s human rights? Does the fact that the TJPA composition is predominantly feminine mean that judges experience less career discrimination? The methodology used is qualitative, having as an instrument of data collection the performance of semi-structured interviews with the judges. Regarding data analysis, the interviews were submitted to content analysis, with the elaboration of five key categories: professional trajectory, discrimination, career and family relationships, gender differences in jurisdictional making and perceptions about feminism. As a result, we conclude that judges\' perceptions of career discrimination, as well as those concerning the existence of differences in jurisdictional doings, are influenced by the ideals of neutrality and impartiality. These results point to the need of rethinking not only the masculine culture imbricated in the legal profession, but also the foundations capable of serving as a solid theoretical basis in ensuring gender equality (and other markers of social differences) in the Judiciary.