Results 11 to 20 of about 355,287 (307)

Throwing the Unlawful Detention Jurisprudence into Turmoil: A Critique of De Klerk V Minister of Police 2020 1 SACR 1 (CC)

open access: yesPotchefstroom Electronic Law Journal, 2021
Before the judgement in De Klerk v Minister of Police 2020 1 SACR 1 (CC), (de Klerk), a plaintiff could claim damages for unlawful arrest and detention after the first appearance in court if the arresting (or the investigating) officer had conducted ...
Phindile Raymond Msaule
doaj   +1 more source

Genesis of the institute of reimbursing the damage incurred by a crime: from punitive to stimulating measures

open access: yesRussian Journal of Economics and Law, 2020
Objective: a retrospective analysis of the legal nature of public relations in the history of the state and law of Russia related to compensation for damage caused by crimes, with a view of potentially using it in reforming the Russian legislative norms ...
P. N. Kobets
doaj   +1 more source

"Contributory Intent" As a Defence Limiting Delictual Liability [PDF]

open access: yesPotchefstroom Electronic Law Journal, 2014
In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct.
Raheel Ahmed
doaj   +1 more source

“Accidental Victims” of Trial and Investigation: Problem of Keeping Suspects and Defendants in Russian Empire in 1725—1741

open access: yesНаучный диалог, 2022
The article is devoted to the problem of the arrest of suspects in Russia in 1725—1741. As a result of the analysis of historiography and historical sources, the author came to the conclusion that the history of the court in Russia in the early modern ...
E. V. Borodina
doaj   +1 more source

Medical malpractice and intracranial hemorrhages in the U.S.: An analysis of 121 cases over 35 years

open access: yesHeliyon, 2023
Introduction: Though all physicians are at risk for medical malpractice litigation, those in surgical specialties, particularly neurosurgeons, are at increased risk.
Isabella L. Pecorari   +5 more
doaj   +1 more source

Decision making in civil disputes: The effects of legal role, frame, and perceived chance of winning

open access: yesJudgment and Decision Making, 2008
The present study investigates the effect of framing and legal role on the propensity to accept a settlement offer by litigants in a simulated legal dispute. Participants were given four different scenarios that factorially combined legal role (plaintiff
Victoria Gilliland, John C. Dunn
doaj   +1 more source

Plaintiffs Exploiting Plaintiffs [PDF]

open access: yesSSRN Electronic Journal, 2010
We consider a model of a single defendant and N plaintiffs where the total cost of litigation is fixed on the part of the plaintiffs and shared among the members of a suing coalition. By settling and dropping out of the coalition, a plaintiff therefore creates a negative externality on the other plaintiffs.
openaire   +4 more sources

Jackpot Justice: The Value of Inefficient Litigation [PDF]

open access: yes, 2010
Litigation seems to be a Pareto-ineffcient outcome of pretrial bargaining; however, this paper shows that litigation can be the outcome of rational behavior by a litigant and her attorney.
Zhou, Jun
core   +2 more sources

Frivolous Claims: Concept and Strategies to Reduce (A Comparative Study of the Case Law of Iran and the US Law) [PDF]

open access: yesپژوهشنامه حقوق تطبیقی, 2022
Fictitious litigation that is often biased by the plaintiff (whether principal, counterpart, entry or third party, or in the form of objections and complaints), includes any claim at the initial stage or even at the stages of the appeal (retrial, third ...
Mostafa Elsan, MohammadReza Fathi
doaj   +1 more source

Wykonanie zobowiązania sądu na podstawie art. 1391 k.p.c.

open access: yesActa Iuris Stetinensis, 2023
This paper focuses on the detailed issues regarding the course of service of summons or other pleadings by a court-enforcement officer pursuant to Article 1391 of the Code of Civil Procedure.
Joanna Lipińska
doaj   +1 more source

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