Please read the abstract in the dissertation / Dissertation (LLM)--University of Pretoria, 2012. / Mercantile Law / unrestricted

An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

The Master's degrese thesis analyse the institute representation in the civil materiál law. It characterises representation globally and tries to digestedly make general scheme which is made on the basis of the legal regulations and second bibliography. The representation in the civil material law could be resolve into the different subsets according to the various conditions. On of the possible ways of the dividing is direct and indirect representation. Indirect representation could be defined as acting of the representant in his own name on behalf of the represented person. Direct representation is acting of the representant in the name of the reperesented person and on its behalf. The rights and the duties come up directly for the represented person. The representation in the civil material law is divided into the contracting representation and the legal representation. The legal representation originated directly in the law or on the basis of the decision of the state power body. The example of the representation which results from the law is the representation of the underages because they do not have full legal status. The legal representation which is result of the decision of the state power body is called also tutelage. The tutelage is possible for he underage persons but also for the...

In recent years, immigration detentions have spiked. Further, the Zero Tolerance Policy enacted by President Trump has separated thousands of children from their families. Because many children are without their parents, and immigration court is civil in nature, thousands of children are placed in deportation hearings without representation each year. Child psychological research is at odds with the current deportation practices as psychological research deems children unable to understand the complexities of the court system or the impacts of deportation proceedings. A minimum competency to stand trial must be enacted to protect young children’s due process rights, regardless of citizenship. Further, children should be protected through a guardian ad litem or other legal representatives as they are a vulnerable class. This paper examines the relationship between the current legal standards for immigration court, relevant child psychological research, and explores policy recommendations for immigration competency standards and representation requirements.

Botswana has been experiencing high rates of recidivism and prison overcrowding, but the causes of these problems have not been explored. Thus, this qualitative study was conducted to investigate whether the denial of legal representation to criminal defendants tried in the customary courts is one of the causes of high rates of recidivism, prison overcrowding, or both. The main research question addressed a possible relationship between these factors and the denial of legal representation, and the study was guided by the punctuated equilibrium theory and the policy feedback theory. Data were collected through semi structured interviews with 10 released first offender prison inmates, 10 released recidivist prison inmates, and 10 professional participants from disciplines in the criminal justice system in addition to reviewing statistics and scholarly research. Data were analyzed through detailed description, categorical aggregation, direct interpretation, which led to naturalistic generalizations and patterns. The results indicated that the denial of legal representation to criminal defendants tried by customary courts appeared to contribute to both recidivism and prison overcrowding, which may undermine public safety and security. The implications of the study for positive social change include informing policy-makers of the need to reform the policy on legal representation to ensure that criminal defendants tried in the customary courts receive fair trials. The additional implications for positive social change include impacting rates of recidivism and prison overcrowding and enhancing community safety and security.

An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.

The present article examines the functions of indigenous advocates whose position as ward leaders (chinamitales) in K’ichee’ societies existed in Pre-Columbian Mesoamerica and continued into the colonial nineteenth century in Guatemala. This was a hereditary legal and administrative position that elites in K’ichee’an society enjoyed as a result and reward of military conquest in the Pre-Columbian era. Chinamitales advocated for the inhabitants of their wards who were both elites and non-elites in land disputes and in criminal matters. They persisted in indigenous communities from the sixteenth century to the nineteenth century as officially unrecognized legal advocates who participated in tribunals in indigenous communities at the local level and advocated for their constituents before their indigenous town councils. They also acted in a similar capacity as the indigenous municipal council, making last testaments, nominating candidates for local town council elections and positions in the church laity, collecting tribute, and choosing laborers for the repartimiento. Their advocacy spilled over into colonial judicial proceedings at the regional and high court levels when disagreements arose within indigenous communities over land disenfranchisement and whenever they sensed that the indigenous municipal council was not protecting their interests. / El presente artículo examina las funciones de los defensores indígenas cuya posición como líderes de parcialidades (chinamitales) en las sociedades k’ichee’s existió en Mesoamérica precolombina y continuó hasta el siglo XIX colonial en Guatemala. Esta era una posición legal y administrativa que las élites en la sociedad k’iche’ana heredaban gracias a las conquistas militares de sus padres y abuelos en la época precolombina. Los chinamitales defendieron a los habitantes de sus parcialidades, tanto a las élites como a los plebeyos, en las disputas de tierras y en casos criminales. Estas figuras persistieron en las comunidades indígenas desde el siglo XVI hasta el siglo XIX como defensores legales no reconocidos oficialmente, participando en tribunales en comunidades indígenas a nivel local y defendiendo sus distritos ante los Cabildos indígenas. También actuaron en una capacidad similar al Cabildo indígena al producir testamentos, nominar candidatos para las elecciones del Cabildo y del convento, colectar tributo y escoger trabajadores para el repartimiento. Su defensa llegó a afectar procedimientos judiciales coloniales a nivel regional y de la Audiencia de Guatemala cuando surgían disputas sobre la adjudicación de tierras en comunidades indígenas y cuando percibían que el Cabildo indígena no estaba protegiendo sus intereses.

In Spanish Colonial America, as well as in the Iberian Peninsula at the same time, different jurisdictions intertwined in the same space. By way of consequence, the complex political organization of the New World was composed, at the local level, by the Indian and Spanish Councils, the doctrines, and the provincial structures called corregimientos. Although the officials of those institutions received precise instructions, in which the Spanish Crown defined and limited their functions, tensions were common between the Indian governors, the clergymen, the Spanish Councils’ officeholders, and the Spanish provincial magistrates, or corregidores. The present article will analyze a series of lawsuits that occurred in sixteenth century Yucatan and in which those authorities were implicated, in order to highlight not only the nature of the jurisdictional conflicts, but also the modalities of their resolution at stake in the Spanish Empire’s courts of justice. Special emphasis will be put on the jurisdiction of the Maya Councils with the objective of better understanding the scope of indigenous agency in Spanish Colonial America. We argue that the local control on the one hand, and the legal representation on the other, were key elements in these processes. / Al igual que en la península ibérica, en la América colonial se superpusieron distintas jurisdicciones en el mismo espacio, de modo que el complejo entramado político del Nuevo Mundo estaba conformado, a nivel local, por los cabildos indígenas y españoles, las doctrinas y los corregimientos. Aunque los representantes de aquellas instituciones recibieron detalladas instrucciones en las que la Corona española definía y limitaba sus funciones y prerrogativas, fueron frecuentes las tensiones entre los gobernadores indígenas, los alcaldes ordinarios, los curas beneficiados y los corregidores. A partir de una serie de pleitos en los que estuvieron involucradas estas autoridades, el presente trabajo analiza tanto la naturaleza de los conflictos jurisdiccionales que tuvieron lugar en el Yucatán del siglo XVI como las modalidades de su resolución en los foros de justicia de la Monarquía hispana. Se presta especial atención a la jurisdicción de los cabildos mayas con el fin de esclarecer el alcance de la participación indígena en el sistema político del Imperio hispánico. Consideramos que el control local, por un lado, y la representación legal, por otro, resultan fundamentales para comprender aquellos fenómenos.

Reimbursement of the legal representation in civil proceedings with special focus on petty legal disputes This thesis concerns with a development and current legislation and case law of the higher courts in cases of granting compensation for legal representation in court proceedings. After a brief historical excursion is described current legislation of the negotiation and providing a fee for legal services of attorney. Given the fact that's attorney's remuneration is granted as a part of the costs of proceedings, this thesis describes general rules for granting mentioned costs with a special focus on reimbursement of representation, in particular is discussed in terms of the effectiveness of legal representation. In the following, the largest part of the thesis issues recent development of costs of proceedings in "petty disputes" including a judicature of Supreme Court and Constitutional Court in a variety of situations. Described section of thesis briefly but comprehensively presents attitudes and intellectual trends of courts and legislators in concerned area. The thesis subjected the current legislation and case law to a criticism, and found out that in some cases is judicature and legislation in contrast of basic law principles and equity principle. The other two sections of thesis are mainly...

No abstract available. / Dissertation (LLM)--University of Pretoria, 2014. / gm2014 / Private Law / unrestricted