This diploma thesis deals with basic procedural rights of parties to administrative procedure. The aim of the thesis is to analyze and evaluate their current legal regulation particularly contained in the Act No. 500/2004 Coll., administrative code, as amended. The thesis is divided into an introductory chapter, five chapters and a conclusion. The aim of the introductory chapter is to introduce a reader to the issue of fair trial and basic procedural rights of parties to Czech administrative procedure. The first chapter deals with definiton of basic terms related to administrative procedure. The second chapter focuses on more detailed explanation of participation of parties to administrative procedure. The aim of the third chapter is to summarize different approaches towards the concept of fair trial and to bring a list of analyzed basic procedural rights of parties to administrative procedure. The fourth chapter deals individually with each of the fourteen analyzed basic procedural rights. The fifth chapter concentrates on the application of basic procedural rights incorporated in administrative code to special administrative proceedings, which is demonstrated on the case of two proceedings regulated by the Act No. 111/1998 Coll., as amended. The conclusion evaluates the statutory regulation of...

There are two main thesis to the work "A Company as the injured party in criminal procedure": (i) civil law recodification, in the context of company actions or actions made on behalf of a company, represents a positive change for the injured party when submitting a proposition for the court to impose a duty to compensate the damage in its sentencing judgment and as well determinates a limitation period, (ii) the process of assigning or withdrawing a status of the injured party is not described accordingly in the contemporary procedure act, especially regarding the exact form needed for this decision. These issues are closely tied to the types of damage applicable in a criminal procedure, injured party categories and to the details of submitting the compensation duty motion. A comparison of different company actions before and after recodification implies that there is a possibility of approbating the juridicial act of legal proceedings of a company that are invalid due to the company's procedure errors. Determining a limitation period by the day of the original motion stays unimpaired. Repeating the legal procedure and putting the limitation period to the day after its valid execution was necessary with the latest legal version. The second thesis was verified as well by exploiting contemporary...

- Cassation and appeal in the criminal procedure code The subject of my thesis is a cassation and appeal principle used during a criminal proceedings. Both principles control criminal proceedings within the meaning of determination of the appeal body jurisdiction, especially how to treat a first instance judgement that is opposed to a factual or legal flaws. Current legal regulation tends to apply the appeal principle with a restricted appeal elements and in compliance with the factual intentions of a legal code. This trend will continue in the future as this approach is implemented in the forthcoming legal code provisions. The thesis is divided into five chapters. The first chapter present the historical excursus of the Czech judicature evolution. It presents difference between civil and criminal law. The second chapter discuss a legal remedy system and is mainly focusing to define terms such as appeal, cassation and revision. The aim is to clarify the legal remedy principles and also to explain the purpose of reviewing procedure during a criminal proceedings with accent to a three main roles of the reviewing procedure: general, immediate and extended which all represent main criminal proceedings principles. The subject of the next chapter is focused on a relationship of the cassation and appeal...

Enligt Läroplanen för förskolan (Skolverket, 2016) har förskollärare en skyldighet att undervisa i naturvetenskap samt ett ansvar att inspirera barnen och väcka deras nyfikenhet för ämnet. Syftet med studien är att upptäcka eventuella samband mellan förskollärares attityder och deras val av undervisningsmetoder gällande naturvetenskap. Vi vill uppfylla syftet med hjälp av följande frågeställningar: (1) vilka attityder till naturvetenskap finns hos förskollärare? och (2) vilka metoder används vid undervisning av naturvetenskap i förskolan? I studien används ett sociokulturellt perspektiv på lärande och utveckling, då detta synsätt menar att tanke, språk, erfarenheter, attityder och handlingar hör ihop (Säljö, 2014a). Studien är kvalitativ och datainsamlingen har skett via semistrukturerade intervjuer av sex legitimerade förskollärare. Studiens resultat visar följande: (1) att det inte kan påvisas något samband mellan förskollärares attityder och deras val av arbetssätt (2) att både kunskapsinriktat och processinriktat arbetssätt integreras i den naturvetenskapliga undervisningen, samt (3) att det finns ett samband mellan förskollärares intresse och val av naturvetenskapligt innehåll i verksamheten. Utifrån diskussionen har följande slutsatser dragits: att förskollärares attityder i någon form påverkar förskolans verksamhet, och att intresset spelar större roll än faktorerna omgivningens önskningar och krav samt tilliten till den egna förmågan, vilka ingår i Ajzens (1991) modell The theory of planned behaviour.

[pt] Uma questão importante em sistemas baseados em agentes é como executar uma ação planejada de uma maneira aleatória. Saber responder esta questão é fundamental para manter o interesse do usuário em um determinado produto, não apenas porque torna a experiência menos repetitiva, mas também porque a torna mais realista. Este tipo de execução de ações pode ser aplicado principalmente em simuladores, jogos sérios ou de entretenimento que se baseiam em modelos de agentes. Algumas vezes, a aleatoriedade pode ser obtida pela simples geração de números aleatórios. Porém, quando estamos criando um produto mais complexo, é recomendável usar algum conhecimento estatístico ou estocástico para não arruinar a experiência de consumo deste produto. Neste trabalho, nós damos suporte à criação de animações e histórias dinâmicas e interativas usando um modelo arbitrário baseado em agentes. Para isto, inspirado em métodos estocásticos, nós propomos um novo framework, chamado D-Engine, que é capaz de criar um conjunto de timestamps aleatórios, mas com um comportamento esperado bem conhecido, que descrevem a execução de ações em regime de tempo discreto e a uma determinada taxa. Ao mesmo tempo em que estes timestamps nos permitem animar uma história, uma ação ou uma cena, os resultados gerados com o nosso framework podem ser usados para auxiliar outras aplicações, tais como previsões de resultado, planejamento não determinístico, mídia interativa e criação de estórias. Nesta dissertação também mostramos como criar dois aplicativos diferentes usando o framework proposto: um cenário de duelo em um jogo e um site de leilões interativo. / [en] An important question in agent-based systems is how to execute some planned action in a random way. The answer for this question is fundamental to keep the user s interest in some product, not just because it makes the experience less repetitive but also because it makes the product more realistic. This kind of action execution can be mainly applied on simulators, serious and entertainment games based on agent models. Sometimes the randomness can be reached by just generating random numbers. However, when creating a more complex product, it is recommended to use some statistical or stochastic knowledge to not ruin the product s consumption experience. In this work we try to give support to the creation of dynamic and interactive animation and story using an arbitrary model based on agents. Inspired on stochastic methods, we propose a new framework called D-Engine, which is able to create a random, but with a well-known expected behavior, set of timestamps describing the execution of an action in a discrete way following some specific rate. While these timestamps allow us to animate a story, an action or a scene, the mathematical results generated with our framework can be used to aid other applications such as result forecasting, nondeterministic planning, interactive media and storytelling. In this work we also present how to implement two different applications using our framework: a duel scenario and an interactive online auction website.

Magister Commercii (Industrial Psychology) - MCom(IPS) / There have been good arguments made for the development of aggressive affirmative action policies with the end goal of quickly moving black South Africans into corporate and high ranks within management of organisations. One of the central arguments in favour of aggressive AA policies is the risk of racial polarization post-apartheid should a quick fix not be initiated. It makes good business and economic sense for AA policies to be implemented as black consumers coupled with black managers will have the eventual end point of lower unemployment and crime, through job creation and security of the representative majority. / South Africa

This dissertation purports to set out the requirements for locus standi in terms of section 38 of the Constitution, specifically when it comes to procuring standing in matters brought by way of a class action. In order to answer the question it is also necessary to look at the need for a class action procedure in the South African civil procedural law as this explains the courts' expansive approach in granting members and representatives standing before a court, specifically in cases where the common law traditional rules of standing and joinder would not suffice. Locus standi is concerned with the capability of an entity to be a participant in a matter before a court of law, having due regard to the applicability of the point in issue to the person of the litigant and its faculty to litigate. In accordance with common law prescriptions, locus standi of prospective litigants to obtain legal relief only accrues to those that have personally suffered harm or would suffer harm through the violation or threatened violation of their legally enforceable rights. In contrast to the above the procedural measures contained in section 38 of the Final Constitution of 1996 allow for representative actions to be brought on behalf of adversely affected parties where the dominus litis is not necessarily the violated party as well as the recipient of the fruits of successful adjudication. Sections 38(c) and (d) of the Final Constitution of 1996 established inter alia class actions and public interest litigation by expanding the common law mandated categories of persons capable of instituting legal proceedings. This dissertation researched the need for a procedural device such as the class action in a specific South African milieu characterised by inopportune social and economic circumstances. The class action is specifically engineered to accommodate large numbers of affected parties that do not need to be joined in a traditional manner. Judicial recognition of the benefits of the class action from a South African point of view must necessarily take into account the social and economic circumstances of the members in whose favour the procedure are implemented. Apart from the procedural advantages, this particular process provides for a diminishing effect of factors such as low income, lack of legal knowledge, lack of funds for legal assistance and nominal pecuniary claims that prevent litigants from vindicating their rights and approaching the courts single handed. The requirements for locus standi under the constitutional dispensation, with specific reference to the generous judicial approach to matters, specifically where fundamental rights are violated or threatened, were examined. It is submitted that these requirements will be of assistance when the citation of the parties is to be drafted. In order to institute action in terms of one or more subsections, a prospective litigant need to show that a right enshrined in the Bill of Rights have been encroached upon as well as sufficient interest in the relief sought. Some aspects related to locus standi but not necessary for procurement of standing were researched in order to contextualise the setting for the use of section 38 procedural measures. There are currently no formal requirements that litigating class or group members have to comply with. The lack of statutory regulatory sources has forced South African courts with inherent jurisdiction to create guidelines regarding the practical aspects of class action litigation. Unfortunately the judicial intervention in creating practical directives for prospective and current litigants to follow has not occurred without mishap. Even though the question of whether the class action procedure is the suitable method to adjudicate the matter does not have a direct bearing on the standing of a party, it is an important aspect to consider when one evaluated possible courses of action. The correct procedure is invaluable when the court is asked to grant parties leave to litigate in accordance with the class action procedure. From a procedural point of view, the court must assist in directing parties as to the preferred manner to proceed with the matter. It was found that the courts have mistakenly held that compliance with certain unique procedures specific to class actions is necessary in order to procure locus standi. Even though an extended application of section 38(c) is favoured, any consideration thereof must take the express introduction by way of legislation into account that sets out the practical aspects of this mechanism. In the socio–economic state of affairs currently prevailing in South Africa, the high costs of legal assistance, countered with the complexity of procuring state provided legal aid, deters many a plaintiff to obtain civil justice. In this respect it can be said that the adjudicative approach of group action proceedings should accommodate a contextualized social setting. The goal is ultimately to expound a device suited and shaped to accommodate both the legal and extra–curial settings of South Africa. / Dissertation (LLM)--University of Pretoria, 2011. / Procedural Law / unrestricted

The home of a debtor has never enjoyed specific statutory protection against forced sale in the individual debt enforcement and insolvency procedures in South Africa. In Jaftha v Schoeman and Others; Van Rooyen v Stoltz and Others (2005 (2) SA 140 (CC)) and Gundwana v Steko Development CC and Others (2011 (3) SA 608 (CC)), the Constitutional Court recognised that in the individual debt enforcement process execution against a debtor's home, even where it has been mortgaged in favour of a creditor, may constitute an unjustifiable infringement of the right to have access to adequate housing, provided by section 26 of the Constitution. The effect of these decisions is that, in every case in which a creditor seeks to execute against a person's home, a court must consider "all the relevant circumstances" to determine whether execution is justifiable, in terms of section 36 of the Constitution. The absence of a properly constructed framework, incorporating clear substantive and procedural requirements, within which these recently established principles must be applied, has led to divergent approaches in the courts and a lack of clarity regarding circumstances in which execution against a debtor's home will be permitted. Further, courts have not considered the impact of section 26 and other rights on the position where a debtor's home is realised by the trustee of an insolvent estate in terms of the Insolvency Act 24 of 1936. This has given rise to a number of unanswered questions as well as to a lack of predictability that potentially hold adverse consequences for bond finance, commerce, and the economy generally. The need to balance the competing interests emphasises the necessity for a coherent contextual framework within which forced sale of a debtor's home may occur. This thesis examines issues surrounding forced sale of a debtor's home in South Africa. It compares the position in other legal systems and suggests mechanisms and an appropriate method, or process, for inclusion in statutory provisions to regulate the forced sale of a debtor's home in both the individual debt enforcement and insolvency procedures in South Africa. / Thesis (LLD)--University of Pretoria, 2012. / Mercantile Law / unrestricted

The recent transformation of consumer graphics (CG) cards into powerful 3D rendering processors is due in large measure to the success of game developers in delivering mass market entertainment software that feature highly immersive and captivating virtual environments. Despite this success, 3D CG application development is becoming increasingly handicapped by the inability of traditional content creation methods to keep up with the demand for content. The term content is used here to refer to any data operated on by application code that is meant for viewing, including 3D models, textures, animation sequences and maps or other data-intensive descriptions of virtual environments. Traditionally, content has been handcrafted by humans. A serious problem facing the interactive graphics software development community is how to increase the rate at which content can be produced to keep up with the increasingly rapid pace at which software for interactive applications can now be developed. Research addressing this problem centers around procedural content creation systems. By moving away from purely human content creation toward systems in which humans play a substantially less time-intensive but no less creative part in the process, procedural content creation opens new doors. From a qualitative standpoint, these types of systems will not rely less on human intervention but rather more since they will depend heavily on direction from a human in order to synthesize the desired content. This research draws heavily from the entertainment software domain but the research is broadly relevant to 3D graphics applications in general.

In this article, the issue around abandonment in judicial proceedings (Procedural abandonment) related with the imprescriptible pretensions will be analyzed, with a special mention to those relative to the right to property. The issue discussed in the National Jurisdictional Plenary of Civil Law and Civil Procedure of 2016 will be criticized. The true issue to be solved is revealed, it’s the one related to the imprescriptible pretensions as case of inappropriateness of abandonment. It raises reasons that put in question the normative provision that links the procedural abandonment with those pretensions. Precisely because of the lack of strong arguments to justify the relation, a necessary legislative amendment is proposed. / En el presente artículo se analiza el problema del abandono en los procesos judiciales relacionados con las pretensiones imprescriptibles, con una especial mención de aquellas relativas al derecho de propiedad. Se critica la cuestión analizada en el Pleno Jurisdiccional Nacional Civil y Procesal Civil de 2016 sobre el particular. Se pone de manifiesto que la verdadera cuestión a resolverse es la referida a las pretensiones imprescriptibles como supuestos de improcedencia de abandono. Se expone razones que ponen en entredicho la disposición normativa que vincula el abandono procesal con dichas pretensiones. Justamente por la falta de argumentos fuertes que justifiquen tal relación, se propone (delege ferenda) su necesaria enmienda legislativa.