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Claudina Richards, Viviana Mollica - English Law and Terminology

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Claudina Richards, Viviana Mollica

English Law and Terminology

Series: NomosStudium

Volume 2023

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Chapter 4: The Court System S. 36-45

„… The Court SystemIntroductionThe English court system is a two-tier system, with one branch for …” „… . How does a civil case progress through the court system?The majority of civil matters are heard by the …” „… so-called leapfrog procedure.2. How does a criminal case progress through the court system?Criminal cases …”

Chapter 2: The Common Law S. 17-24

„… law, the law of torts and criminal law. The main change in the court system, however, was brought …” „… unchanged, the latter finally being abolished in 1971. The modern court system will be discussed in detail …” „… Bench (civil and criminal cases and supervisory function). This court system remained virtually …”

Chapter 3: Sources of Law S. 25-35

„… must, therefore, be clearly discernible from the court system which court is bound by which. The …” „… English court system is organised in the form of a pyramid and will be discussed in detail below. Secondly …” „… the system. The courts are always looking back at older cases to establish what the law is. This does …”

Chapter 5: Trial System S. 46-51

„… litigation is conducted before the court. The origins of this system can be found in the historical concept …” „… English legal system. There is no jury in the magistrates’ courts, but cases before the Crown Court are …” „… questions of fact in a court of law. This is thought to strengthen the legitimacy of the legal system by …”

Chapter 14: European Union Law S. 135-147

„… maintain consistency, but there is no system of binding precedent.The General Court was established in 1988 …” „… agreements, Parliament’s consent must be obtained.The Court of Justice of the European Union (CJEU)The Court …” „… of Justice of the European Union encompasses courts which are tasked with ensuring that EU law is …”

Titelei/Inhaltsverzeichnis S. 1-14

„… ) 30Law of the European UnionIII. 30TerminologyIV. 30Review and DiscussionV. 32The Court SystemChapter …” „… . 41TerminologyIV. 42Review and DiscussionV. 43Trial SystemChapter 5: 46The Adversarial SystemI. 46The …” „… information storage or retrieval system, without prior permission in writing from the publishers. Under § 54 …”

Chapter 9: Equity and Trusts S. 81-90

„… court system to apply both common law and equity. The old common law courts were abolished, and their …” „… courts. The Judicature Acts 1873-75 created a new system of courts, with jurisdiction to apply both law …” „… of the Court of ChanceryIn order to start an action in the common law courts, the claimant (at that …”

Index S. 153-163

„… Parliament 8 39Additional member system 8 38Administrative law 15 4Admiralty Court 4 18Admission 7 18ADR …” „… Chamber 2 13Courts Act 1971 4 1Court Structure 4 39Court system 4 1 ff.CPR 7 1CPS 6 31CRA 4 1CRA …” „… – Without notice 9 24Inner Temple 6 23Inns of Court 2 39, 6 23inquisitorial system 5 2Insolvency 13 1 …”

Chapter 6: Legal Personnel S. 52-60

„… collectively) are selected from among practicing lawyers. There is also no fixed system of promotion. A judge …” „… does not have to start her career in the lower courts; she can enter the profession higher up the …” „… the old system, judges were appointed by the Queen on the recommendation of the Lord Chancellor, a …”

Chapter 8: Constitutional Law S. 69-80

„… the constitution. There is no such court in the English legal system. If there is a conflict between …” „… national legal system (as the UK is a dualist system). On the basis of the 1972 Act, the courts accepted …” „… judicial decisions and are, therefore, not enforced by the courts. Nevertheless, they are followed by those …”

Chapter 7: Pre-trial Civil Procedure S. 61-68

„… which a case is handled. The courts are supposed to ensure that the parties are on an equal footing and …” „… supplement the rules contained in the CPR, explaining to the parties what the court expects of them, what …” „… they can expect from the court, and how they must cooperate with each other.Case ManagementUnder the …”

Chapter 11: The Law of Tort S. 103-113

„… state in the criminal courts, with the aim of punishing an offender. An action in tort law is brought by …” „… the victim in the civil courts and a remedy is provided to compensate the claimant for the loss he has …” „… Court.NuisanceNuisances are divided into private nuisance and public nuisance. There is some degree of overlap, in that …”

Chapter 10: Contract Law S. 91-102

„… , as such, it creates legally enforceable obligations. In every legal system, there are various forms …” „… can it be enforced?A contract which creates binding obligations will be enforced by the courts. Mere …” „… courts will not interfere simply because one party is in a stronger bargaining position and the terms are …”

Chapter 15: Other Areas of Law S. 148-152

„… between two companies from different countries, it will be necessary to decide which system of law governs …” „… the agreement. The answer to that question, and to issues such as whether an English court has …” „… correct procedure was not followed, he can challenge the decision in question before the courts. This …”

doi.org/10.5771/9783748922995

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Claudina Richards, Viviana Mollica

English Law and Terminology

Series: NomosStudium

Volume 2016

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Chapter 4: The Court System S. 36-44

„… The Court System Introduction The English court system is a two-tier system, with one branch for …” „… separated, because most courts deal with both types of cases. The present court system was largely …” „… the highest court in the country. The court system is organised in the form of a pyramid. If one party …”

Titelei/Inhaltsverzeichnis S. 1-14

„… UnionIII. 30 TerminologyIV. 31 Review and DiscussionV. 32 The Court SystemChapter 4: 36 IntroductionI. 36 …” „… Review and DiscussionV. 42 Trial SystemChapter 5: 45 The Adversarial SystemI. 45 The JuryII. 45 Origins …” „… different legal system is an even bigger challenge. The rules of English law cannot be understood without a …”

Chapter 2: The Common Law S. 17-24

„… law, the law of torts and criminal law. The main change in the court system, however, was brought …” „… unchanged, the latter finally being abolished in 1971. The modern court system will be discussed in detail …” „… court system remained virtually unchanged until the Judicature Acts 1873-75 (with the exception of the …”

Chapter 3: Sources of Law S. 25-35

„… , be clearly discernible from the court system which court is bound by which. The English court system …” „… not surprising when one considers the inherent conservatism of the system. The courts are always …” „… system that focuses not on where a case is reported, but on the court in which it was decided. Here the …”

Chapter 9: Equity and Trusts S. 80-89

„… , which established a unified court system to apply both common law and equity. The old common law courts …” „… courts. The Judicature Acts 1873-75 created a new system of courts, with jurisdiction to apply both law …” „… of the Court of Chancery In order to start an action in the common law courts the claimant (at that …”

Index S. 149-159

„… administrative law 144 Admiralty Court 38 admission 62 ADR 44 adversarial system 45, 58 advocacy 53, 54 Advocate …” „… , 141 Court of King‘s Bench 19 Court of Star Chamber 19 court structure, diagram of 41 court system 36 …” „… misrepresentation 96 innominate term 99, 93 Inns of Court 24, 54 inquisitorial system 45 insolvency 123 insolvent …”

Chapter 5: Trial System S. 45-50

„… litigation is conducted before the court. The origins of this system can be found in the historical concept …” „… the English legal system. There is no jury in the magistrates’ courts, but cases before the Crown …” „… Trial System The Adversarial System The term ‘adversarial system’ refers to the way in which …”

Chapter 6: Legal Personnel S. 51-59

„… collectively) are selected from among practising lawyers. There is also no fixed system of promotion. A judge …” „… does not have to start his career in the lower courts; he can enter the profession higher up the …” „… . Under the old system, judges were appointed by the Queen on the advice of the Lord Chancellor or Prime …”

Chapter 8: Constitutional Law S. 68-79

„… statutes do not conflict with the constitution. There is no such court in the English legal system. If …” „… a dualist system). The courts have accepted that, in the event of an incompatibility between an Act …” „… Acts of Parliament or judicial decisions and are, therefore, not enforced by the courts. Nevertheless …”

Chapter 14: European Union Law S. 132-143

„… regards its own earlier decisions, the Court seeks to maintain consistency, but there is no system of …” „… 1973 by signing an accession treaty and giving force to EEC law within its national legal system by …” „… bodies within the Union. The Court of Auditors The Court of Auditors was established in 1975 and obtained …”

Chapter 7: Pre-trial Civil Procedure S. 60-67

„… which a case is handled. The courts are supposed to ensure that the parties are on an equal footing and …” „… supplement the rules contained in the CPR, explaining to the parties what the court expects of them, what …” „… they can expect from the court, and how they must cooperate with each other. Case Management Under the …”

Chapter 11: The Law of Tort S. 102-111

„… state in the criminal courts, with the aim of punishing an offender. An action in tort law is brought by …” „… the victim in the civil courts and a remedy is provided to compensate the claimant for the loss he has …” „… to carry out certain activities on the other. The court will look at a number of different factors …”

Chapter 10: Contract Law S. 90-101

„… , as such, it creates legally enforceable obligations. In every legal system, there are various forms …” „… courts. Mere social arrangements, such as an informal invitation to dinner, are not binding and …” „… agreement; the courts will not interfere simply because one party is in a stronger bargaining position and …”

Chapter 15: Other Areas of Law S. 144-148

„… between two companies from different countries, it will be necessary to decide which system of law governs …” „… the agreement. The answer to that question, and to issues such as whether an English court has …” „… correct procedure was not followed, he can challenge the decision in question before the courts. This …”

doi.org/10.5771/9783845265179

William R. Kelly - The Crisis in America's Criminal Courts

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William R. Kelly

The Crisis in America's Criminal Courts

2021

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Ch01. The US Criminal Court System S. 31-50

„… key actors in the court system—judges, pros-ecutors, and defense attorneys—have considerable …” „… evidence is clear that the expansion of the capacity of the court system—in particular, increases in the …” „… court system—particularly prosecutors, judges, and defense counsel—are routinely charged with making the …”

Ch06. Rethinking the Adversarial Approach S. 159-170

„… of decision-making facilitates the efficient operation of the criminal court system by focusing the …” „… have in the court system. The questions we should be asking in most cases, rather than what will Johnny …” „… case processing that go to the heart of the dysfunction of the American criminal justice system.THE …”

References S. 189-212

„… https://www.courts.mo.gov/page.jsp?id=137406.Natapoff, Alexandra. Punishment without Crime: How Our Massive Misdemeanor System Traps the …” „… (2013): 1207–21.Swanson, Ana. “The U.S Court System Is Criminally Unjust.” Washington Post, July 20 …” „… System. Publications, Reports, and Addresses Circuit Court Sta-tistics. Wisconsin Court System, 2017 …”

Ch05. Indigent Defense S. 135-158

„… that, in our adversary system of criminal justice, any person hauled into court, who is too poor to …” „… moving quickly through the court system. As a consequence, defense lawyers are constantly forced to …” „… : The Terrible Toll of America’s Broken Misdemeanor Courts,” took aim at the misde-meanor system.9Almost …”

Ch02. Decision-Making in the Criminal Courts S. 51-70

„… decision-making systems and processes in place in the US criminal court system are sufficient and appropriate for …” „… in the crimi-nal court system. I have tried to make the case that the decisions made in the courts …” „… point—What do we know about how the key decision makers in the US court system make decisions? The short …”

Ch03. The Front End of the Pretrial System S. 71-104

„… simple assault.13The Front End of the Pretrial SystemArrest, Detention, and Bail72 Chapter 3Arrest …” „… direction of reforming their bail The Front End of the Pretrial System 97systems. Moreover, many local …” „… has substantial consequences for the individual as well as the criminal justice system, and public …”

Ch07. Putting the Pieces Together S. 171-188

„… are key components of effective reform of the court system. As I asserted early on, it seems to me …” „… stand at the gateway to the criminal justice system, me-diating between the police and the courts, and …” „… bigger-picture operation of the criminal justice system, such as crime rates, court processing, and local …”

Introduction S. 1-30

„… detail below. The failure of local and state governments to adequately fund the criminal court system has …” „… punishment) is what allows the criminal court system to oper-ate. It expedites prosecution and conviction and …” „… be proposing aggressive change, especially to the court system, that does not mean I recommend that …”

Preface

„… .vAcknowledgments viiIntroduction 11 The US Criminal Court System 312 Decision-Making in the Criminal Courts 513 …” „… The Crisis in America’s Criminal CourtsThe Crisis in America’s Criminal CourtsImproving Criminal …” „… . (William Robert), 1950- author. Title: The crisis in America’s criminal courts : improving criminal …”

Ch04. Promising Prosecutors S. 105-134

„… power of the prosecutor. Another element in understanding prosecutorial power in the US court system is …” „… of the court system, historically perpetuating the tough-on-crime approach that defines how we do the …” „… Path for the U.S. Justice SystemProgressive DAs Are Shaking Up the Criminal Justice SystemProsecutor …”

Index S. 213-222

„… system and, 163–64caseloads, 36–40; and decision making, 63; efficiency of courts and, 46; and indigent …” „… , 33criminal court system, 31–50; capacity of, 35; elements of, 32; local level and, 24 Index 215 …” „… : adversarial system and, 160–63; efficiency of courts and, 45–46due process clause, 138Dupree, Mark, 132–33 …”

doi.org/10.5771/9781538142172

Charity Wibabara - Gacaca Courts versus the International Criminal Tribunal for Rwanda and National Courts

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Charity Wibabara

Gacaca Courts versus the International Criminal Tribunal for Rwanda and National Courts

Series: Schriften zum Internationalen und Europäischen Strafrecht

Volume 13 2014

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The Traditional Gacaca Court System S. 160-215

„… The Traditional Gacaca Court SystemIntroductionThe word Gacaca originates from the Kinyarwanda word …” „… explained below, the court system was conceived during theUrugwiro meetings626 and went through several …” „… Inkiko-Gacaca, Imfashanyigisho Ku Nkiko-Gacaca, (2001), at 1-2.Chapter Five: The Traditional Gacaca Court System …”

Prosecution of Genocide in National Courts S. 107-159

„… within the Ordinary Court SystemIn 1996, there were only thirteen courts of first instance in the country …” „… Gacaca Law.C. Status of Case Law within the Ordinary Court System113suspects.434 Thus, the total number …” „… Analysis of the National Court Case LawCurrently, within the national court system of Rwanda, the alleged …”

General Introduction of the Study S. 19-27

„… five is dedicated particularly to the Gacaca court system as atraditional mechanism which was adopted …” „… unique challenge to the criminal justice system given that there were more than 120,000Hutu suspects in …” „… deaths of victimsand huge number of perpetrators.2 P. C. Bornkamm, Rwanda's Gacaca Courts: Between …”

Titelei/Inhaltsverzeichnis S. 1-16

„… ReparationsIII. 111Status of Case Law within the Ordinary Court SystemC. 112Table of Contents8Analysis of the …” „… Traditional Gacaca Court SystemChapter Five: 160IntroductionA. 160Generalities on Grassroot CourtsB. 161The …” „… Corruption within the SystemIV. 210Instability of Gacaca LawsV. 211Non-Prosecution of all CrimesVI. 212 …”

General Conclusions S. 252-262

„… military courts.Ultimately, the winding up of the Gacaca judicial system left many challenges, especially …” „… Gacaca courts. As a result, there have been overlaps in some areasand friction due to the differences in …” „… procedural and substantive mattersamong the courts. For example, perpetrators who committed the same crimeof …”

A Critical Analysis of the Relationship between the ICTR, National Courts and Gacaca Courts S. 216-251

„… leaving the remaining cases to thenational courts.862Ramer argues that this emerging system of …” „… before the courts.919 When it comes to penalties and dueprocess rights in this system of concurrent …” „… A Critical Analysis of the Relationship between theICTR, National Courts and Gacaca …”

Bibliography S. 263-298

„… , (UN Doc. S/Res/955).The Rome Statute of the International Criminal Court adopted on 17 July 1998 …” „… Jurisdiction of the Supreme Court, Official Gazette of the Republic of Rwanda n° 3 of 1 February 2004.Law N …” „… June 2004 Establishing the Organisation, Competenceand Functioning of Gacaca Courts Charged with …”

Historical Background to the Internecine Conflict in Rwanda S. 28-60

„… Reconstructive Justice: The Gacaca Courts in Rwanda,’ 34 New York University Journal of International Law and …” „… feudal system.28 The Hutu, who werelargely farmers, entered into contract (ubuhake) with the Tutsi, in …” „… , (2001), at 178; P. E Nantulya,‘The Gacaca System in Rwanda,’ 4 Conflict Trends, (2001), at 53 et seq; B …”

The Legacy of the International Criminal Tribunal for Rwanda S. 61-106

„… Justice: The Gacaca Courts in Rwanda,’ 103 African Affairs, (2004), at 73; L.S. Sunga, The Emerging System …” „… Courts, Vol. 1,(2000), at 123; W. A Schabas, Genocide in Internatinal Law: The Crime ofCrimes, 2nd edn …” „… Criminal Law at the Crossroads:From Ad hoc Imposition to a Treaty-Based Universal System,’ in C. Stahn and …”

doi.org/10.5771/9783845253602

Martin Behrens, Heiner Dribbusch - Industrial Relations in Germany

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Martin Behrens (ed.), Heiner Dribbusch (ed.)

Industrial Relations in Germany

2019

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Daniel Seikel, Nadine Absenger The Impact of the Jurisprudence of the Court of Justiceof the European Union on Germany’s Collective Bargaining System S. 123-144

„… 123 The Impact of the Jurisprudence of the Court of Justice of the European Union on …” „… Germany’s Collective Bargaining System How is the German model of industrial relations affected by European …” „… integration, particularly by the case law of the Court of Justice of the European Union (CJEU) ? What are …”

Abstracts · Zusammenfassungen S. 145-150

„… Jurisprudence of the Court of Justice of the European Union on Germany’s Collective Bargaining System The …” „… Court’s adjudication has substantial effects on national systems of industrial relations� This article …” „… councils in the context of the German system of industrial relations and presents the survey and its …”

Martin Behrens, Heiner Dribbusch Avoiding the Union at the Workplace S. 31-50

„… level. MARTIN BEHRENS, HEINER DRIBBUSCH 1 Introduction The German system of industrial relations is …” „… commonly not associated with widespread union busting as is for example the US system (cf� Logan 2006 …” „… already diffused within the German system of labour relations, we shall ask if employer resistance to …”

Martin Behrens, Heiner Dribbusch, Anke Hassel Industrial Relations in Germany – Dynamics and Perspectives S. 7-10

„… ; the core institutional pillars which have shaped the dual system of German industrial relations� Back …” „… institute nevertheless remained confident about the stability and flexibility of the German system of …” „… erosion of the bargaining system certainly did not stop as bargaining coverage retreated even further …”

Thorsten Schulten German Collective Bargaining – from Erosion to Revitalisation ? S. 11-30

„… rebuild their organisational power and gain political support for the bargaining system, the employers …” „… , was for a long time rightly regarded as a prototype of an “inclusive collective bargaining system …” „… collective bargaining system (Visser 2013 ; Schulten et al� 2015 ; Fornasier 2017)� One major instrument …”

Titelei/Inhaltsverzeichnis S. 1-6

„… photocopying, recording, or any information storage or retrieval system, without prior permission in writing …” „… German Service Sector DANIEL SEIKEL, NADINE ABSENGER The Impact of the Jurisprudence of the Court of …” „… Justice of the European Union on Germany’s Collective Bargaining System � � � � � � � � 123 Abstracts …”

Heiner Dribbusch New Militancy in a Changing Industrial Landscape S. 95-122

„… Beamte was expressly reaffirmed by the Federal Constitutional Court in June 2018. NEW MILITANCy 99 The …” „… actions� 4 In a court decision handed down on 19 June 2007, the Federal Labour Court (Bundesarbeitsgericht …” „… to set up works councils were supported by a system of workplace mentoring, allowing employees to …”

doi.org/10.5771/9783748900573

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