Court proceedings

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  • The laws of continental Europe and those of the USA are substantially distinct. The general difference between common law, as practiced in the US, and civil law, as practiced in continental Europe, is widely accepted, even if it is not always fully understood. American court rulings, for instance, can be extreme in the eyes of Europeans, who are not familiar with concepts such as punitive damages.

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  • ARTICLE 6 OF THE European Convention on Human Rights has become the defining standard within Europe for determining the fairness of criminal proceedings. Its success has been attributed to the fact that it is not based on a particular model of criminal procedure. In this regard it is no coincidence that much of the literature on comparative criminal procedure law continues to adhere to an understanding of European criminal procedural systems as divided into two groups: the accusatorial and the inquisitorial.

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  • Forensic Engineering Investigation is a compendium of the investigative methodologies used by engineers and scientific investigators to evaluate some of the more common types of failures and catastrophic events. In essence, the book provides analyses and methods for determining how an entity was damaged and when that damage may have legal consequences. The material covers 21 common types of failures, catastrophic events, and losses that forensic engineers routinely assess.

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  • A lot has happened in the last decade on rationalising the congeries of rules of evidence applied in English courts. Scientific evidence is gradually replacing evidence based on the principle of orality or spontaneity. And yet, judges are not scientifically trained.

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  • In 1994, the Law Commission were kind enough to engage me as a consultant on their project on the hearsay rule in criminal proceedings, and a year later I saw my input reflected in the sections of the resulting Consultation Paper where the rule was examined, the justifications for it were analysed together with the problems that it causes, the Strasbourg case law was analysed, and where readers were shown how the underlying issues are handled by the courts in France and Germany.

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  • On 5 August 1981, for reasons then given, this Court ordered that these proceedings be removed as a whole from the High Court to this Court for hearing and determination. They are proceedings, brought by way of application for judicial review, in which certain parts of the report of the Royal Commission on the Mount Erebus aircraft disaster are attacked. In summary the applicants claim that these parts are contrary to law, in excess of jurisdiction and in breach of natural justice. .One of the reasons for ordering the removal was that it was important that the complaints be finally...

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  • When one of the authors, Bart Bernstein, began practicing law in the 1960s, the courtroom witness was treated with respect and kindness. After taking the witness stand and providing a brief introduction concerning his or her experience, the mental health professional proceeded to testify about the facts as he or she knew them and to offer an opinion concerning those facts.

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  • Experience transmitted by media is sometimes a functional equivalent for experience gained in the real world. American movies have influenced the image of legal procedure a great deal – and not just in the United States of America. An English legal expert told us about seeing a young barrister try to proceed before an English court in a manner that is possible only in the United States.

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  • When my son Samuel picked up a tiny tennis racket at the tender age of three, he swung it with grace. Later, he was good enough to earn a spot on a top-ranked Belgian club soccer team. On a trip to America, he hit a home run in one of his first baseball games at camp. Yet one by one his athletic passions dropped away. At tennis tournaments, parents screamed on the sidelines. Samuel tensed, and all too often he came off the court in tears. He dropped off the elite soccer team after a year, finding the sport too stressful, and proceeded to turn in what seemed...

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  • The report also stated that the Commission had taken a more proactive approach when it comes to enforcement of EU law in recent years and that helps explain the high number of cases. However, the Commission also stated, "Taking non-compliant member states before the European Court of Justice was not the only nor necessarily the most effective way of ensuring compliance because the proceedings are time consuming (two years on average).

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  • The concept of obligations erga omnes – obligations owed to the international community as awhole – has fascinated international lawyers for decades, yet its precise implications remain unclear. This book assesses how this concept affects the enforcement of international law. It shows that all States are entitled to invoke obligations erga omnes in proceedings before the International Court of Justice, and to take countermeasures in response to serious erga omnes breaches. In addition, it suggests ways of identifying obligations that qualify as erga omnes.

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  • After you miss a rent payment, your landlord must give you notice and wait three days, not counting Saturday, Sunday or court observed legal holidays, before the landlord can evict you. Th e landlord must give notice by mail, directly to you, or leave the notice at your residence. Th e notice must specify the amount due and the deadline for payment. If you pay rent within the 3-day limit, then your landlord must stop the eviction proceedings. If you do not think the landlord will accept the rent within 3 days if you do attempt to...

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  • I have a state protection order, but I am moving to, living on, or visiting an Indian reservation. Is my protection order valid? The full faith and credit provisions of VAWA require tribal courts to recognize and enforce protection orders from all states, tribes, and territories. If you have a state or territorial protection order and you are living or staying in Indian Country, you should know that most tribal courts have the authority to enforce all protection orders issued through civil or criminal proceedings.

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