Procedure to limit legal capacity, Abstract This paper on the topic of procedures to limit legal capacity is chiefly about the prerequisites, purpose, nature and progress of such procedures and also the form of the rulings issued during these procedures. It maps not only the legal regulations for directing such a procedure in accordance with Act No. 293/2013 Sb., on special judicial procedures, but also its practical impact, current court practice and particularly findings from court practice. This work emphasises and minutely discusses selected issues regarding the procedure to limit legal capacity, i.e. the moment of submission of expert opinions, the need to appoint a guardian ad litem during each procedure, the content, scope and definition of decisions in these matters. This paper also interconnects substantive legal and procedural law, because the inseparability of substantive and procedural law is highly evident in procedures to limit legal capacity, whereas the purpose pursued in Act No. 89/2012 Sb. Civil Code is fulfilled by means of judicial procedures. This paper also briefly compares the regulations concerning the institute of legal capacity in the past and contemporary interpretation of the term. The basis of this paper is a complex treatise of judicial procedures in matters of legal capacity....

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The current study examines judicial discourse about BDSM activities within decisions rendered in Canada during the past 20 years. A recent uprise in popular culture representation has resulted in a greater uptake of Bondage / Discipline / Dominance / Submission / Sadism / Masochism (BDSM) in the sexual lives of Canadians. Little research to date has been completed to analyze the implications that the uprise may have on the legal system when BDSM cases are presented. In particular, the legal system is being tasked with interpreting many different consent standards through the narrow affirmative-based definition found under Section 273.1 (1). The current study employed a qualitative analysis of all Canadian criminal court cases and appeals available in legal software that dealt with the issues of consent and BDSM (n=23) over a 20-year time frame. The study found that judges must interpret 4 different types of consent found within sexual relationships: affirmative consent, advanced consent to unconscious acts, consent to bodily harm and mistaken consent. Finally, the current study found that the way judges interpreted BDSM consent standards reflects a wider shift in governance from legal moralist thinking to a neoliberal paternalist governance.

Globalization is the promise of the future, and it presents, quite literally, a world of opportunities not available in the past. International collaborations in science, research, and business now enjoy increased probabilities of success, in part, because of the advance in technology and the possibility of instantaneous communications. The convenience, simplicity and affordability of technology are helping to make the world accessible to almost everyone. With new availability of international concerns and the growth of global partnerships in all areas of interest, an increased need arises for agreements that memorialize collaborators' commitments, responsibilities and obligations. There is a corresponding concern that the agreements be enforceable across national and international lines should anything go wrong. There is no collaboration, partnership or venture that will not be touched in some way by the law. Whose law governs and how rules and regulations of different nations will be applied are of escalating concern. Empirically examining the state of international contract law is the overarching focus of my research. Adopting a research methodology involving both quantitative and qualitative techniques, I am investigating whether any consistency exists between attorneys of different practice sectors (academic, government, corporate and private) considering choice of law, enforcement of contract provisions, and the inclusion of preventative measures of international contracts. My results contribute to the future success of international collaborations of all concerns by empirically identifying the need for increased education on various dispute resolution options, as well as the effect cultural awareness has on the drafting of international contracts.

Litigation involving the Americans with Disabilities Act (ADA) is not an uncommon phenomenon in today's world. An issue involving the ADA that has received a great deal of attention by the courts in recent years concerns administrative notice/exhaustion. Specifically, a great debate has raged as to whether or not an aggrieved party seeking to file a private suit under Title III of the ADA must first exhaust available state or local administrative remedies or otherwise give notice to state or local administrative agencies having authority to remedy or grant relief from discriminatory practices. Aggrieved parties derive their ability to file private actions against ADA violators through the AD A's incorporation of§ 2000a-3(a) (located in the Civil Rights Act of 1964). While the ADA does not directly require that administrative notice be a prerequisite to filing a private action pursuant to § 2000a-3(a), some courts have argued that administrative notice/exhaustion is required by § 2000a-3( c ), which is located just a few paragraphs below§ 2000a-3(a), when suing in response to ADA violations. Other courts have argued that administrative notice/exhaustion is required on different grounds. Still, there are other courts that affirm that neither administrative notice nor exhaustion is required. This dynamic issue has created a virtual even division among the courts. This thesis examines the cases and arguments against the requirement of administrative notice/exhaustion, the cases and arguments in support of administrative notice/exhaustion, and provides a synopsis of what the law, promulgated by the legislature, intended to require and how this issue could be more appropriately adjudicated by the judiciary in future cases. A great deal of consideration and contemplation is given to the purpose of the ADA and how this purpose can be best effectuated when adjudicating the administrative involvement controversy.

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.

Thesis (MBA)--Stellenbosch University, 2014. / ENGLISH ABSTRACT: Legal costs in South Africa are generally regarded as being too high. This leads to numerous problems. For example, a person with a valid dispute who cannot afford to have the dispute resolved in court, has limited access to justice, which is a constitutional right. The two methods that are most commonly used by attorneys engaged in litigation in South Africa to account to their clients are: Hourly billing, where clients are billed for the time spent on a matter or for the volume and number of documents created, and contingency fees, also known as “no win no fee” arrangements. Both these billing systems have disadvantages, including the incidence of risk during the litigation process and the incentive to the attorney to act in the client’s best interest. It is submitted that a fixed fee structure would resolve many of the problems experienced by the traditional billing methods. The challenge is to arrive at a fixed fee structure which is based on a proper analysis of the amount of work involved in the legal process. In order to calculate such a fixed fee structure, the legal process has to be broken into a number of steps and sub-steps, and each of these steps should then be analysed to ascertain how much work it entails. The aim of this study is to arrive at a model for a fixed fee structure which can be implemented at other law firms that are also engaged in litigation work. Primary billing data obtained from the author’s law firm was analysed to ascertain the various steps in the legal process, and to calculate the expected amount of work involved in each step. This data was then used to develop a fixed fee structure model which can be adopted by any litigation law firm, by merely multiplying its own current hourly billing fee structure with the values provided in the model. Certain practical problems which may be encountered during the implementation of the fixed fee structure are also discussed and possible alternative solutions are provided.

published_or_final_version / Politics and Public Administration / Master / Master of Public Administration

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