Ever since 1989, the number of lawyer candidates having passed the lawyer examination has been increasing year by year. How do lawyers find their ways of survival in the keenly competitive legal market? Apart from strengthening their legal expertise, lawyers also have to pay concern for customer satisfaction because lawyer business actually belongs to service industry. To let customers feel satisfied, the first thing that lawyers should do is to understand the thinking of customers. After lawyers have understood what their customers think, they are able to provide customers with their desirable services. After a lawyer has grasped the minds of customers, a good reputation of the lawyer can be gradually cultivated. This research paper studies the divorce lawsuits of six women and their interactive experiences with lawyers. Employing the way of in-depth interviews, the study firstly understands these women¡¦s dissatisfaction with their lawyers. And from five different service facets, including the tangibility, reliability, reactivity, guarantee nature and concern nature, the paper summarizes and rearranges the services that the women experiencing divorce lawsuits expect from their lawyers, the most significant services to these women, and the service items that they expect to see improvement from their lawyers. The research results can be a reference for future lawyers to make improvement when handling the cases of family affairs. According to these six interviewed women, in the facet of reliability, the most significant service to them is whether the lawyer has assisted the woman customers in attaining their expected results in the judgments. Besides, what these women expect and attach high importance to are whether their lawyers treat them with a considerate, kind and mild attitude in the process of offering professional legal service, whether their lawyers communicate with them with the greatest patience, and whether their lawyers give explanation in understandable language in the communication process with them. The lawyers are expected to give concrete suggestions for other problems derived from these women¡¦s active proposal of lawsuits. In this way, the helplessness and uneasiness of these women caused in the process of lawsuit can be reduced, and the women¡¦s sense of trust in their lawyers will be increased. Therefore, lawyers not only have to assist women in solving their legal disputes, but also should help them walk out of the shadow of their unhappy marriages to start another new life. Through the realm of marriage lawsuits, lawyers can also establish their reputation and acquire profits in this professional area, achieving a win-win situation in the end.

The purpose of this study is to identify trends and issues related to college and university involvement in patent litigation. The study found 568 reported cases between 1980 through 2009. From this initial set of cases, detailed review identified 171 patent-related lawsuits involving a college or university. A three-pronged approach to analysis was then conducted. First, analysis focused on characteristics of the parties involved in litigation. Second, the types of patents at issue were analyzed. Third, the procedural and substantive results of the lawsuits were analyzed to identify patterns of activities which contributed to the university involvement in the lawsuit. The 85 universities identified in this study were most often public research universities suing corporations for infringement in order to protect their rights in a university-owned patent. These corporations were most frequently competitors of a corporation with whom the university had an existing licensing agreement. While most of the universities in this study were involved in only one lawsuit, a select few were involved in multiple lawsuits with five universities involved in one-fourth of the lawsuits in the cases identified. All the patents included in this study were utility patents, with pharmaceutical patents being the most common subject of litigation. About one-fourth of the lawsuits were decided for procedural reasons and more than one-third had indeterminate dispositions. When the court issued a substantive ruling, it was most often based on the technical requirements of patent law. When the universities' opposing party had an existing relationship with the university (patent licensees, research partner, faculty, staff, and students) the university was as often the plaintiff as it was the defendant. These cases provided the most salient lessons for university administrators looking to minimize the institution's risk of future patent litigation. The study concludes with recommendations focused on activities for a campus technology transfer office, as well as on ways to work with constituent groups of faculty, staff, and students to minimize the risk of future patent litigation.

This study examined how case attributes impact plaintiff success and payouts in jury settled foodborne illness (FBI) lawsuits. Given the risk to firms in terms of potentially large payouts, future litigation, and lost reputation, the results may provide economic incentives for food firms and others in the supply chain to produce safer and better quality foods. Legal databases were systematically searched to identify cases of FBI, which were resolved through the U.S. court system. Reviewing the outcomes of 511 FBI jury trials between 1979 and 2014, plaintiffs won 34.8% of cases, and received a median award of $32,264. The Heckman two-step estimation procedure was used to examine the effects of various factors on plaintiff success rates and subsequent amounts awarded. Plaintiff chances of victory increased if lawsuits involved a child, foodborne pathogen was identified and pain and suffering was claimed, and decreased if defendants used of one or more expert witnesses or had 'deep pockets'. Cases involving a child, chronic complications, or defendants with 'deep pockets' resulted in higher awards. Corporate and policy implications of these findings are considered. / Master of Science

La Constitution du Royaume de Thaïlande de 2007 prévoit une refonte des juridictions administratives avec la séparation de la juridiction judiciaire afin d’assurer la protection des libertés du citoyen face à la puissance publique et de réparer les préjudices causés par l'administration. L’accès au prétoire du juge reste subordonné à un ensemble de règles procédurales. Toutefois, la simplicité des règles semble dominer à première vue, puisque suffit une demande écrite, sans l’obligation d’intervention d’un avocat. Ainsi, la procédure inquisitoire confère au juge l'initiative de la poursuite et la recherche des preuves incombe à l’administration.Dans un contexte marqué par un bouleversement des principes régissant l’accès au juge administratif, la question de l’accès au juge rencontre en pratique de nombreuses limitations issues de la multiplication des règles procédurales ainsi que de l’interprétation du juge. Tel est le cas, notamment, ainsi que le démontre cette thèse, des exigences relatives à la qualité, à la capacité à agir du requérant ou du « cercle de l’intérêt ». Cette mise en perspective des aspects fondamentaux et techniques du contentieux administratif thaïlandais a été influencée par des pays occidentaux, comme la France. Cette étude sur les dimensions théoriques et pratiques de l’accès au juge administratif en Thaïlande propose une réflexion sur la situation actuelle et future du contentieux administratif comme garant de l’État de droit. / The Constitution of the Kingdom of Thailand 2007 defines an overhaul of the administrative courts with the separated jurisdictions in order to protect the fundamental rights and freedom of all citizens against the misused of state power, to repair any damages caused by the administration, and to control the legality of administrative acts. Moreover, the regulations on how to bring the cases to courts are simplified into uncomplicated written form and can be conducted without a lawyer. Since in the inquisitorial system lets the judge to gather evidences as to conduct the investigations with the administration.However, there are some restrictions about bringing cases to courts which included the conditions of the applicant's abilities to act and "the circle of interest to sue". This perspective of the fundamental aspects of administrative lawsuit has been influenced by western countries, including France. This research study both the theoretical and practical dimensions on how to bring cases to administrative courts which reflect current and future situation through the analysis of the Thai and French administrative lawsuit systems.

A presente dissertação trata da Prática e Comunicação dos Atos Processuais Eletrônicos na Justiça do Trabalho. Para tanto, utiliza-se de uma análise crítica da produção de tais atos dentro do sistema PJe-JT em comparação à rotina adotada na tramitação em papel, visando esclarecer se a inserção da tramitação processual trabalhista em meio eletrônico possibilita o aperfeiçoamento da atividade jurisdicional. No primeiro capítulo, é apresentado um breve histórico sobre a criação dos computadores e da internet. No segundo, traça-se um pequeno esboço da implantação do processo eletrônico na Justiça do Trabalho, da criação do sistema PJe pelo CNJ e seus objetivos. No terceiro, foram estudadas as características gerais dos atos processuais eletrônicos e conceitos fundamentais para a compreensão da matéria. O quarto capítulo trata da prática dos principais atos processuais eletrônicos na Justiça do Trabalho em comparação com a produção de atos em processos tramitando em papel e as mudanças, dificuldades e melhorias trazidas pela nova forma de tramitação, tendo como paradigma o PJe- JT do Tribunal Regional do Trabalho da 2ª região. O quinto capítulo analisa a adequação da implantação do sistema PJe-JT aos objetivos esperados com a sua criação. Ao final, pode-se concluir que apesar de o sistema PJe-JT ainda não ter alcançado seus objetivos de forma plena, as mudanças implementadas foram positivas, constituindo uma etapa significativa para a modernização do Poder Judiciário. / This dissertation studies the Practice and Communication of Electronic procedural acts in the Labor Court. Based on a critical analysis of the production of such acts within the PJe-JT system compared to the routine adopted in non-electronic processing, the study aim to clarify if the inclusion of labor procedure in electronic proceedings enables the improvement of judicial activity. The first chapter contains a brief history of computer and the internet. The second draws a small sketch of the implementation of the electronic proceedings in the labor courts, the creation of the PJe system by CNJ and its objectives. In the third chapter, the general characteristics and concepts of electronic procedural acts were studied. The fourth chapter deals with the practice of the main electronic procedural acts in labor courts compared to the production of its acts by non-electronic processing, and the changes, difficulties and improvements brought by the new form of procedure, adopting as a paradigm of the PJe-JT of the 2nd regions Regional Labor Court. The fifth chapter reviews the adequacy of the implementation of the PJe-JT system to the objectives expected from its creators. In the end, it can be concluded that although the PJe-JT system has not yet achieved its objectives fully, the changes implemented were positive and constitutes an important for the modernization of the judiciary.

In Islamic Sharia law, prescription has been more commonly referred to as murūr al-zamān [the lapse of time]. It has been claimed that the abstract principle of the lapse of time only has the effect of barring a claim and that is not capable of creating and extinguishing the right itself. In the context of Islamic law, this concept of prescription is often ascribed only to the Hanafi and Maliki schools of Sharia law, and it has been claimed that such principle has not been recognized by the Hanbali School. Based on that, my reading shows that, under Saudi jurisdiction (which is principally based on uncodified Hanbali Sharia law), this hypothesis is a key problem as in practice there are many secondary Saudi laws in place applying prescription rules to bar civil actions. Thus, by arguing that such principle has not been recognized by Sharia law as applied in Saudi Arabia, the legality of such provisions would be in question, given the fact that all Saudi enacted laws must conform with Islamic law. Moreover, my analysis argues that in studies of Saudi Hanbali law, prescription has neither been discussed widely nor given serious independent consideration. In the context of Saudi and Hanbali law, issues of prescription have not only been marginalized and minimized, but also inaccuracies and mis-readings are often found in related academic literature. Drawing on findings across various disciplines, including studies of classical and modern Islamic law, as well as legal studies on Saudi and Arab laws, this study presents new readings of the issues of the existence and origins of the legal concept of civil prescription from the perspectives of the Saudi-Hanbali School of law. Moreover, it presents the first comprehensive survey of the extent of implementation of the rules of prescription in the Saudi civil regulations over the last eight decades. Finally, from both theory and practice aspects, the thesis attempts to conclude with a critical analysis of the single ‘negative’ perspective of prescription in both Islamic and Saudi law.

A presente tese trata do processo arbitral à luz da concepção da teoria dos sistemas. O estudo do processo arbitral tem sido trazido de forma esparsa. Não é comum focalizar apenas a parte processual da arbitragem. O que causa estranheza, pois sua jurisdição se instrumentaliza mediante o processo. É também notório que o processo arbitral não se aperfeiçoa como o processo judicial, pelo contrário. Embora utilize princípios e conceitos gerais deste, tem características próprias. Daí que o processo arbitral pode ser visto como um sistema, e o fazemos considerando que há sistema para o direito sempre que um organismo tenha condições de gerar seus próprios instrumentos funcionais, o chamado fechamento operacional , ganhando autonomia relativamente a outros sistemas. Isso faz com que ele também se relacione com outros sistemas, em mecanismo chamado abertura cognitiva, com a troca de mútuas influências. Tudo isso tem reflexos no modo com que o processo arbitral se comporta, demonstrando que ele não pode ser identificado com o processo judicial. Ainda que o processo arbitral apresente grandes estruturas semelhantes às do processo estatal, as chamadas fases processuais, em todas elas ele tem um funcionamento próprio. A despeito de incorporar princípios do processo estatal, tem seus próprios, e gera sua peculiar maneira de agir. Entre tais princípios estão, principalmente, a autonomia das partes e o poder diretivo do procedimento pelo árbitro. Estes dois pilares do processo arbitral contribuem para que nele haja total peculiaridade processual, o que fica claro desde a fase de postulação, passando pela fase de provas e terminando na fase decisória. Todas essas fases foram analisadas, assim como seus principais institutos processuais, considerando a premissa de sistema reputada pela teoria adotada. O conjunto de seus instrumentos e a forma com que se relaciona com outros organismos mostram que o processo arbitral é um sistema autônomo. / This paper is on the arbitration process viewed by the concept of the theory of the systems. Arbitration processes are usually studied sparsely; it is not common for the procedural aspect of arbitration to be the only focus. This is somewhat strange, since its jurisdiction is tooled upon its process. It is also known that arbitration process does not improve like judicial process. Although it makes use of general principles and concepts of judicial process, arbitration process has its own characteristics. Therefore, arbitration process can be seen as a system, and we do so by considering there is a legal system whenever an organism has conditions to generate its own functional instruments, the so-called operational closing, gaining relative autonomy from other systems. It is then enabled to also relate to other systems, in a mechanism called cognitive opening, with the exchange of mutual influences. All these factors influence the way arbitration process works, demonstrating that it can not be identified as a judicial process. Even though arbitration process presents great structures similar to the ones of the state process, it has its own functioning in all of them. Although it incorporates principles from the state process, it has its own, and generates its peculiar way of acting. Among such principles, one can cite mainly the parties autonomy and the directive procedure power by the arbitrator. These two principles contribute for arbitration process to have total procedural peculiarity, which is clear since the filing of the claim, through discovery, and finally in the decision phase. All these phases were analyzed, as well as their main procedural institutes, considering the system premise based on the adopted theory. The set of its instruments and the way it relates to other organisms demonstrate arbitration process is an autonomous system.

Social capital resources for the firm can be conceptualized as those executive-to-executive connections held by a firm’s top management team, as well as firm-to-firm relationships that exist fairly independently of particular individuals. This type of resource can compose an important portion of any firm’s overall resource portfolio. The potential benefits associated with social capital include enhanced economic exchange opportunities, improved innovation capabilities and increased firm survival rates, among others. This study adds to the literature stream focusing on the positive consequences of social capital by demonstrating the cross-level influence of social capital on the development of reciprocity within a joint venture network. It also highlights the link between social capital resources and the quality of knowledge available to a firm via its joint venture partnerships. More importantly, though, we specifically investigate the conditions under which a firm’s social capital (firm-to-firm relationships or the social capital held by key executives) can contribute to undesirable firm-level behaviors. One often mentioned, yet rarely explored dimension of social capital is the phenomenon frequently called the ‘dark side’ of social capital. This dark side of social capital is argued to exist whenever the behavioral expectations accompanying social capital limit contribute to undesirable outcomes for the firm. Several hypotheses are tested in the context of joint ventures among S&P 500 firms. The likelihood of a firm having legal action taken against it by federal regulatory agencies or other firms is demonstrated herein to be related to the number and strength of social capital relationships. In general this research supports the view that having a large number of weak ties is beneficial for firms. More specifically, we found that in the wake of the passage of the Sarbanes-Oxley Act of 2002, an inverse relationship exists between the likelihood of firms engaging in the undesirable behaviors investigated and the number of Boards of Directors on which the firms’ respective executives held seats. Conversely, firms were more likely to engage in these undesirable behaviors whenever the firm-to-firm ties within their network of joint ventures were strongest. Furthermore, executive discretion was highly related to the likelihood of firms engaging in undesirable behaviors.

Social capital resources for the firm can be conceptualized as those executive-to-executive connections held by a firm’s top management team, as well as firm-to-firm relationships that exist fairly independently of particular individuals. This type of resource can compose an important portion of any firm’s overall resource portfolio. The potential benefits associated with social capital include enhanced economic exchange opportunities, improved innovation capabilities and increased firm survival rates, among others. This study adds to the literature stream focusing on the positive consequences of social capital by demonstrating the cross-level influence of social capital on the development of reciprocity within a joint venture network. It also highlights the link between social capital resources and the quality of knowledge available to a firm via its joint venture partnerships. More importantly, though, we specifically investigate the conditions under which a firm’s social capital (firm-to-firm relationships or the social capital held by key executives) can contribute to undesirable firm-level behaviors. One often mentioned, yet rarely explored dimension of social capital is the phenomenon frequently called the ‘dark side’ of social capital. This dark side of social capital is argued to exist whenever the behavioral expectations accompanying social capital limit contribute to undesirable outcomes for the firm. Several hypotheses are tested in the context of joint ventures among S&P 500 firms. The likelihood of a firm having legal action taken against it by federal regulatory agencies or other firms is demonstrated herein to be related to the number and strength of social capital relationships. In general this research supports the view that having a large number of weak ties is beneficial for firms. More specifically, we found that in the wake of the passage of the Sarbanes-Oxley Act of 2002, an inverse relationship exists between the likelihood of firms engaging in the undesirable behaviors investigated and the number of Boards of Directors on which the firms’ respective executives held seats. Conversely, firms were more likely to engage in these undesirable behaviors whenever the firm-to-firm ties within their network of joint ventures were strongest. Furthermore, executive discretion was highly related to the likelihood of firms engaging in undesirable behaviors.

A presente pesquisa cuidou de enfrentar dois problemas: o primeiro, relativo à formação progressiva da coisa julgada, e o segundo, inerente à consequência da descoberta de um defeito rescisório em uma demanda que já tem parcela do mérito imutável. Nesses casos, o interessado deverá se utilizar de um meio típico de superação da coisa julgada, a exemplo da ação rescisória? Ou estará autorizado a reconhecer esse defeito endoprocessualmente, por intermédio de um meio de superação atípico da coisa julgada, consistente no efeito expansivo rescindente? Desde já, informa-se que se adotou essa última opção. Quanto ao primeiro problema, após o cotejo doutrinário e o apontamento da nova roupagem normativa inserida pelo Código de Processo Civil de 2015, percebeu-se que nosso ordenamento aceitou, perfeitamente, a formação progressiva da coisa julgada, sendo essa, inclusive, a orientação do Tribunal Superior do Trabalho e do Supremo Tribunal Federal. Com relação ao segundo problema, percebeu-se que a aplicação do princípio da instrumentalidade na forma de arguição do vício, aliado aos princípios da eficiência, economia, duração razoável do processo e da segurança jurídica, possibilitou concluir que o defeito rescisório pode ser reconhecido endoprocessualmente, ainda que em face de parcela do mérito já imutável. Sendo assim, se parte do mérito ficar imutável (seja por meio de uma decisão interlocutória, seja de algum capítulo autônomo da sentença que não foi objeto do recurso), e, no prosseguimento do processo para apreciação dos pedidos remanescentes, for encontrado um defeito rescisório, o julgamento do recurso em face da decisão que analisou a parcela final do mérito poderia ser dotado de um efeito expansivo rescindente, para alcançar a parte do mérito já imutável na demanda. Todavia, sabendo que, mesmo sem ser absoluta, a coisa julgada é de inquestionável importância sistêmica, o trabalho também abordou alguns requisitos, para viabilizar a expansão rescindente, iniciando pela existência de um defeito rescisório, ou seja, aquele que justificasse a utilização de um meio típico de superação da coisa julgada, além de requerimento expresso da parte interessada, juntamente com a observância do prazo bienal da rescisória e, por fim, a garantia de contraditório efetivo, que, juntos, formam os requisitos autorizadores da expansão rescindente dos efeitos do julgamento de um recurso, proporcionando o reconhecimento endoprocessual de um defeito rescisório em face da parcela do mérito já imutável. / This research faced two problems, one of them was the progressive formation of res judicata, and the other one was about the consequence of the discovery in a defect rescission in a process which already has a part of his immutable object. In those cases, the interested person must be use in a typical overcoming of res judicata, such as the rescission action? Or he is allowed to acknowledge this defect within the process, through a way of overcoming atypical of res judicata, namely the expansive effect rescission? Already, it is advised that it adopted this last option. Regard to the first problem, after doctrinaire collating and the appointment of the new rules garb inserted by Civil Procedure Code of 2015, it was realized that Brazilian law accepted, perfectly, the progressive formation of res judicata, that is, including the guidance of the Court Superior for Labour and the Supreme Court. Regarding the second issue, it is clear that the application of the principle of instrumentality in the way of complaint defect, combined with the principles of efficiency, economy, reasonable duration of the process and legal certainty, allowed us to conclude that the Rescission defect can be recognized inside the process , even in the face of the unchanging portion of merit. So if part of merit be immutable (whether through an interim decision or a stand-alone chapter of the sentence that was not resource object) and if in the continuation of the process for review of the remaining merit be founded a Rescission defect, the judgment of appeal in face of the decision that analyzed the final installment of merit, could be provided with an expansive rescission effect, to reach the part of the already immutable merit in demand. However, knowing that even without being absolute, the res judicata is unquestionable systemic importance, This work also addressed some requirements to enable rescission expansion, starting with the existence of a Rescission defect, that is, one that would justify the use of a typical overcoming of res judicataas well as express request of the interested side, together with the observance of the two-year rescission period and, finally, the effective contradictory assurance, which together form the authorizers requirements of rescission expansion of the effects of the judgment a resource, providing the recognition insde the process of a Rescission defect in face of the installment of immutable merit.