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The article is devoted to the study of the procedural aspects of consideration and resolution of labor disputes, the peculiarities of the application of labor law norms in the conditions of martial law based on the analysis of the content of new laws, laws on amendments. With the introduction of martial law, restrictions on the constitutional rights and freedoms of a person and a citizen, provided for in Articles 43, 44 of the Constitution of Ukraine, were introduced for the entire period of its validity, which affected the consideration of all labor disputes. The article analyzes the innovations established by the Law of Ukraine «On the Organization of Labor Relations in Martial Law» regarding the regulation of labor relations, and also draws attention to the inconsistency of some norms of this law and the cur Statistical data on the number of violations of labor legislation on labor issues were studied, examples of judicial practice during the period of martial law were analyzed. Attention is focused on the ambiguous position of the Civil Court of Cassation of the Supreme Court regarding the termination of the calculation of the average salary for employees called up for military service, accepted for service under a contract, etc. It was established that the ambiguity calls into question the implementation of the constitutional principle of equality in one's rights, as well as the principle of equality of labor rights of citizens of Ukraine, prevention of discrimination in the field of work. It is proposed to regulate at the legislative level the issue of maintaining the average salary for employees called up for military service, hired for service under a contract, etc. In order to properly consider and resolve a specific labor dispute, it is necessary to know well not only the general norms laid down in the Civil Procedure Code of Ukraine, but also the special procedural norms contained in the Labor Code of Ukraine and other material laws, which establish exceptions and additions to the procedure of court proceedings. In each specific case, it is necessary to find out all the circumstances, take into account the conclusions of the Supreme Court in order to make a decision on the legality or illegality of the demands of the subject of the protection of labor rights. [ABSTRACT FROM AUTHOR]

It is recognised that civil litigation has a place within the police accountability infrastructure. However, the role of actions against the police for wrongful arrest, false imprisonment, assault, and malicious prosecution (hereafter police actions) is underexplored. Taking citizenship as its analytical frame, this paper probes the relationship between police actions and the police complaints and discipline system over the last 60 years. Its primary focus is the Court of Appeal decision Thompson v Commissioner of Police of the Metropolis, Hsu v Same [1998] QB 498 (Thompson). Here the potential for police actions to expose questionable police responses to officer misconduct, and failings in external oversight mechanisms, came into conflict with the drive towards proportionate civil justice. In prioritising the latter, Thompson increased police autonomy over settlement of police actions, thereby deprioritising the role of the courts in demarcating the limits of state interference with citizens' rights. It is not suggested that Thompson should be overruled. Instead, it is contended that recognising the impact of the decision on subsequent reforms to police accountability processes and contemporary conceptions of the police-citizen relationship is crucial to understanding the roots of current disquiet concerning police accountability (and therefore to the development of meaningful reforms). [ABSTRACT FROM AUTHOR]

This paper reviews the current legal framework for electronic evidence in civil litigation in Vietnam and assesses whether such changes are sufficient to meet the demand of the Industry 4.0 era. The paper finds that despite major changes in Vietnam’s civil litigation and the increased adoption of electronic evidence, the current legal framework has not been able to keep up with the new context, even with the new Law on Electronic Transactions 2023. As a result, Vietnamese courts and litigants encounter numerous challenges in dealing with this new form of evidence. This paper identifies these challenges through analysis of the legislation and court decisions and makes recommendations for Vietnam based on China’s experience.

Information retrieval and text mining fields extensively utilize text semantic matching models. In this paper, civil litigation Q&A under the environmental justice system is taken as a specific research field, and after constructing a civil litigation Q&A system based on deep learning, two of the key techniques—question categorization and semantic matching—are selected as the main research content. Specifically, the ALBERT algorithm is used to extract word vectors, and the hidden feature vectors are obtained through BiLSTM modeling of contextual relationships and then combined with the Attention mechanism for scoring and weighting to obtain the final text-level vectors for classification so as to establish the civil litigation question classification model based on ALBERT. Then, we establish the BERT-based civil litigation question and answer matching model by sorting the set of candidate answers by semantic matching degree based on the BERT algorithm. Selected datasets and comparison algorithms are experimented with, and the analysis shows that the question classification model has a better effect than civil litigation question text classification, and the values of each index have been improved by 0.75%~3.00% on the basis of the baseline model. The MAP and MRR values (0.76~0.86) of the question-matching model are higher than those of the comparison model, verifying its superior performance in semantically assigning characters. The model proposed in this paper is more useful because it can provide civil litigation counseling to the public.

This paper first discusses the application of text mining techniques in public security, with the research focus on case classification, feature extraction, and collusion analysis in civil litigation. A plain Bayesian-based first-level classifier is proposed to accurately classify first-level case texts. For all second-level case category document sets, keyword cooccurrence mapping is used to replace word frequency as a metric for feature selection, and a second-level classifier is constructed using a simple vector distance algorithm. Finally, the impact of time-barred benefit abandonment and time-barred benefit loss on the evolutionary system in civil litigation is investigated in depth using the pilot water tax reform in Hunan Province as a case study. The results show that when one of the subjects chooses to discard the statute of limitations benefits, x and y show a trend of steadily increasing convergence to 1 from the initial point, and the final stabilization point tends to (1,1). This paper aims to provide references and suggestions for reforming information and optimizing civil litigation.

The current traditional means of teaching adopt the indoctrination teaching mode. Students passively accept information, learning enthusiasm is not high, and the traditional teaching mode needs to be reconstructed urgently. This paper constructs a blended teaching mode for civil litigation based on the WeChat public platform and provides the implementation process for the blended teaching mode. In order to enable students to obtain civil litigation-related resources more in line with the learning characteristics of the WeChat platform, a multi-objective learning path optimization algorithm is proposed, and the discrete binary particle swarm algorithm is used to optimize and solve the multi-objective learning path. The teaching experiment method is utilized to select the research object and method to study the teaching effect of the blended teaching mode and then obtain the students’ satisfaction with the blended teaching mode. The results show that through the BPSO algorithm, after the number of iterations reaches 150 times, its fitness value is around 10-5, the average running time of the 20 test functions is around 500ms, and the mean value of students’ satisfaction with the blended teaching mode is 9.31 points. The blended teaching mode of civil litigation in the context of the rule of law can help students better establish the thinking of the rule of law and promote the improvement of students’ learning ability, and multi-objective optimization can help students better obtain the optimal learning path.

Even though there are no international or national documents that would allow or encourage unjustified differences in treatment between women and men, the fact is that some areas of life are still seen as belonging to men. Sports are, certainly, at the top of that ladder. It is considered a predominantly male field, shaped according to men and seen through the eyes of men. However, with the development of human rights and the mechanism for their protection, the awareness of the equality of women and men in sports has increased. The Republic of Serbia made a set of legal rules regarding: (1) discrimination in general; (2) sports; and, finally, (3) discrimination in sports. This paper aims to present and analyse the normative and strategic frame of the protection against discrimination in sports, to examine the current case law in front of the relevant institutions, and to point out the latest tendencies in the field of gender equality and sports. [ABSTRACT FROM AUTHOR]

This paper addresses the issue of to which extent law keeps pace with the tremendous development in the education field. The main aim of this paper is to analyze the Distance Learning Code of Conduct in Public Education Institutions in the United Arab Emirates (UAE) No. 262 of 2020 (hereinafter, the Code of Conduct) texts to find out the extent of its success in facing the legal problems caused by distance learning. That requires using an analytical approach fundamentally. The importance of this research is manifested in the fact that it is the first to examine the texts of the Code of Conduct and analyze it legally. Legal references in this field are scarce. We will mention one of them (Al-Khasawneh, 2020) in particular. That works to reduce cyberbullying and reviews the adequacy of electronic legislation to reduce cyberbullying. Among the crucial results of our paper is that the rules of the Code of Conduct are considered the guide for any educational institution establishing its own rules for regulating distance learning. Another crucial result is to call on the UAE legislator to expand the statement of legal provisions for electronic learning (e-learning) and not to limit to regulating the students‘ behavior. [ABSTRACT FROM AUTHOR]

While civil litigation (CL) was expected to play a major role in resolving patent infringement disputes, administrative adjudication (AA) has become the preferred channel for patentees to protect their rights in China since 2015. The number of AA cases significantly increased during the study period of 2010–2021. Our research finds that AA does not particularly favor patentees. By comparing the rules of CL and AA, we also find that low cost and high efficiency are the two major advantages of AA. Besides these traits, the motivations for patentees to initiate AA are the lack of risks in AA procedure and its valuable outcomes. Understanding the real motivation for the application of AA could be a reference for improving the patent infringement dispute system. [ABSTRACT FROM AUTHOR]

Are judges inclined to favor plaintiffs over defendants? We analyze the relationships between win rates and cost-shifting outcomes in the Israeli loser-pays regime. Though qualitative analysis of semistructured interviews with judges assures us that litigants are equal in the cost-shifting arena, quantitative analysis portrays evidence to the contrary: judges allocate more and higher costs in favor of prevailing plaintiffs than defendants. Results are replicated in three datasets: a sample of all civil cases, small claims between individuals, and claims with matching counterclaims. We discuss explanations for this implicit pro-plaintiff effect in cost-shifting and implications for a possible broader pro-plaintiff bias. [ABSTRACT FROM AUTHOR]

This article is devoted to the study of the peculiarities of the administration of justice in the context of the large-scale military aggression of the Russian Federation against Ukraine. Within this framework, the authors carried out a detailed analysis of the recommendations on the work of courts in martial law provided by the Council of Judges of Ukraine and the Chairman of the Supreme Court. Taking into account the recommendations adopted during the conditions of martial law and the current jurisprudence formed at that time, the peculiarities of civil proceedings in martial law were singled out and analysed in detail, focusing on a specific procedural institution.

In Lloyd v Google LLC [2021] UKSC 50, the Supreme Court overturned the Court of Appeal's decision, which had allowed a claim under the Data Protection Act 1998 to proceed as a representative action under CPR 19.6. This is significant because the Court of Appeal's decision arguably paved the way for further data protection/privacy claims to be brought as opt‐out 'class actions' using this procedure. This case note summarises the Supreme Court decision and assesses its implications for both the procedural law of collective redress and the substantive law of privacy in England. It argues that the Supreme Court's reasoning in relation to both of these areas is sound as a matter of precedent and statutory construction. As a matter of public policy, the decision is likely to re‐enliven debate about the availability of collective redress in English law and whether the existing collective proceedings regime should be broadened. [ABSTRACT FROM AUTHOR]

Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of courtannexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase -- when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe. [ABSTRACT FROM AUTHOR]

In addition to reducing R&D investment and changing senior managers or corporate name, the significant uncertainty and reputation shock brought by civil litigation may also have a vital impact on corporate governance of the sued company. We use A-share listed companies in Shanghai and Shenzhen stock exchanges from 2011 to 2018 to empirically examine the impact of civil litigation on corporate governance and its mechanism. It is found that, civil litigation is negatively correlated with corporate governance, and financing liabilities (FL) play an intermediary role in the negative correlation. Furthermore, judicial local protectionism weakens the negative correlation between civil litigation and corporate governance. Finally we close with directions for future research.

Copyright of IUG Journal of Sharia & Law Studies is the property of Islamic University of Gaza and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Author of this contribution analyses the rules of the Hungarian Code of Civil Procedure and relevant case law in aim to find out if there is a special rule on taking evidence in consumer disputes. He concludes that there is no such special rule but some general rules of Code of Civil Procedure and provisions of Civil Code containing special rules on the burden of proof in some consumer cases help consumers to assert their rights in court proceedings. [ABSTRACT FROM AUTHOR]

• We analyze the existence and influence mechanisms of judicial local protection. • Judicial local protection remains prevalent in Chinese corporate litigation. • We find factors that influence the judicial local protection received by companies. Utilizing first-instance judgment documents of Chinese listed companies, this study investigates the existence and influence mechanisms of judicial local protection within corporate civil litigation. Our findings reveal that judicial local protection remains prevalent in China. Further analyses indicate that the characteristics of the involved company, the trial court, and the specific case significantly affect the degree of judicial local protection. This study contributes to a deeper understanding of the issues in judicial practices, offering valuable insights for companies to navigate litigation risks and guidance for countries to enhance the justice of judicial systems. [ABSTRACT FROM AUTHOR]

There is a rich literature that utilizes state, province, and other sub-regional data to evaluate the causes and effects of civil litigation. Yet, issues of spatial dependence are often neglected in this context. In the current study, we argue that civil litigation may be subject to spatial spill-overs, in which litigation in one region influences litigation in nearby regions. We then test for spatial effects using six years (2011–2016) of province-level data from China. Our results provide strong evidence of jurisdiction-level spillovers, even after controlling for spatially correlated regressors and shocks. Additionally, we find that ignoring spatial pro-cesses can lead to a systematic underestimation of the influence of civil litigation determinants. [ABSTRACT FROM AUTHOR]

Copyright of External Economic Bulletin / Külgazdaság is the property of KOPINT Konjunktura Kutatasi Alapitvany and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article is devoted to the analysis of procedural time limits transformation under pandemic conditions implemented in the legislation of Ukraine during the coronavirus pandemic of 2020, as well as the practice of their application in national courts. It is stated that inaccuracy and incompleteness in resolving important issues related to the extension and renewal of procedural time for the administration of justice under the quarantine creates obstacles to the implementation of the main tasks of civil proceedings. Inaccuracy in the regulation by procedural legislation of certain procedural terms, the possibility of their renewal and extension can significantly affect the movement of all civil proceedings as well as significantly impede the achievement of its goals.

Procedural differences between civil justice and redress schemes are well known, but knowledge gaps stymie an ability to compare monetary outcomes. This paper advances the field of institutional abuse of children by analysing outcomes for 4563 civil justice and redress scheme claims of sexual abuse of children received by 36 Australian Catholic Church authorities (CCAs) over 35 years. The authorities are archdioceses, dioceses and male and female religious institutes. As expected, average civil justice payments are higher than those for redress schemes. However, there is huge payment variation and a good deal of overlap between the two, especially at the lower end of the payment spectrum. We explain payment variation by a generally lower, average or higher paying orientation of the CCAs, coupled with a strong lower paying orientation of the female religious institutes. Victims and survivors of institutional child abuse require information on outcomes of civil justice and redress scheme claims, rather than the siren song of large civil payments. We join others in calling upon all relevant actors to 'show the data' on settled claims. [ABSTRACT FROM AUTHOR]

Blockchain, artificial intelligence, and other technologies have been increasingly integrated with the law, and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization. The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure, and legal technology will inevitably become a major means to enable the reform. In the field of electronic litigation, legal technology itself has become a goal of the reform. Regarding the trials of pilot basic courts, legal technology has been more deeply applied in many links such as trial activities and trial management, playing an essential role in improving judicial efficiency, and becoming an important way to solve judicial dilemmas such as “litigation explosion.” However, the history of modern society reminds us that we should be reasonably optimistic about the development of technology, especially in the field of justice.

The COVID-19 pandemic has brought to the fore the question of whether psycho-legal assessments can be executed remotely in a manner that adheres to the rigorous standards applied during in-person assessments. General guidelines have evolved, but to date, there are no explicit directives about whether and how to proceed. This paper reviews professional, ethical, and legal challenges that experts should consider before conducting such an evaluation remotely. Although the discussion is more widely applicable, remote forensic psychological assessment of adults alleging childhood abuse is used as an example throughout, due to the complexity of these cases, the ethical dilemmas they can present, and the need to carefully assess non-verbal trauma-related symptoms. The use of videoconferencing technology is considered in terms of potential benefits of this medium, as well as challenges this method could pose to aspects of interviewing and psychometric testing. The global pandemic is also considered with respect to its effects on functioning and mental health and the confounding impact such a crisis has on assessing the relationship between childhood abuse and current psychological functioning. Finally, for those evaluators who want to engage in remote assessment, practice considerations are discussed. [ABSTRACT FROM AUTHOR]

Objectives The article presents the right to legal aid in civil litigation in Poland and in Spain. Material and methods The analysis proves that overburdening Polish courts (judges and court referendaries) with duties related to considering applications for appointing a legal representative for the purpose of litigation ex officio and exempting from court costs as well as granting the right to legal aid in cross-border disputes cannot be justified by ensuring effective access to justice for indigent subjects. Decisions made on these issues do not count as the administration of justice, and only the said administration is restricted to courts. Results What is more, court instruments to verify the truthfulness of statements which provide a basis for granting exemption from court costs or appointment of a legal representative for the purpose of litigation ex officio are exceptionally inefficient. Conclusions Granting the right to legal aid to parties by the state should rather be treated as an administrative case. The state has a specialised administrative apparatus which is prepared to support subjects that are incapable of overcoming difficult life situations by using their own powers, resources, and opportunities. Social workers could verify the correctness of the information concerning the financial status of the interested parties. Being aware of a petitioner’s situation, such clerks determine whether exemption is sought by an indigent person or whether this person can afford to cover court costs and remuneration of a professional legal representative for the purpose of litigation but prefers to pay for litigation from public funds.

Introduction Assessment of neuropsychiatric sequelae of traumatic brain injury (TBI) brings about challenges in the forensic setting, comprising analysis of neurobiological variables, preinjury variables (personality/psychiatric disturbances), postinjury psychosocial, allowing the expert witness to provide clear and appropriate explanations, so the court can decide with justice, particularly in civil law cases. Objectives Discuss the main clinical and neuroimagiologic aspects to consider in civil litigation of TBI cases. Methods Comprehensive literature review. Results Although accurate predictions are difficult, some generalizations can be made. Recovery from hypoxic and diffuse axonal injury (DAI) takes longer and is less complete than focal contusions. Posttraumatic amnesia is the main predictor of long-term cognitive outcome. In moderate/severe TBI (m/sTBI) occurs chronic lesion expansion (axonal degeneration) and brain atrophy. DAI topography determinates the cognitive disfunction pattern yet underestimated in conventional neuroimaging. Diffusion-Tension-Imaging (DTI) may be valuable to outcome predictions in m/sTBI: structural disconnection within the Default Mode and the Salience Networks are linked to attention and executive impairments; hippocampus and fornix damage correlates with memory/learning impairments. Conversely, DTI findings can be misleading in mild TBI (mTBI), and case-by-case analysis seldomly prove its scientific validity. Conclusions To elaborate formulations within reasonable medical certainty, outcome predictions should not be made until at least six months following the TBI, considering that most mTBI symptoms resolve in few months, and up to 1-½ years, when m/sTBI neuropathologic changes stabilize. The neurobiological underpinnings are fundamental for causality formulations, however atypical outcomes in mTBI are frequently predicated upon non–brain-injury psychiatric conditions and psychosocial factors. Disclosure No significant relationships.

Blindfolded Lady Justice represents the ideal of justice - a system that has no regard for the parties' power and is attentive only to the justice of a case. The reality, however, is that power does influence the course of civil litigation in Aotearoa. This article considers the dynamics of power in civil litigation, including the types of parties involved in disputes. It then surveys and evaluates potential areas for reform, including suppressing lawyers' fees, equalising the legal spend between opponents, removing lawyers from disputes, increasing judicial control, conglomerating claims, and involving the public in procedure reform. It concludes that the most promising areas for reform to be pursued in concert are: regulation of legal fees, increasing judicial control and involving the public in civil justice reform. [ABSTRACT FROM AUTHOR]

We examine the question of whether firms derive value in areas with higher legal protection by studying how the difference among regional legal protection levels affects capital market reactions to firms receiving administrative penalty in China. The results show that the level of legal protection has a positive effect on the market reaction to administrative penalty announcements, and the effect is attenuated by non‐state ownership. Furthermore, we find evidence of higher efficiency of law enforcement in regions with higher level of legal protection. [ABSTRACT FROM AUTHOR]

To improve the effectiveness of environmental policy and governance, recent theoretical and empirical research increasingly suggests the adoption of multi‐level and more participatory policy‐making processes over traditionally centralized policy‐making processes. This article takes the Fukushima nuclear crisis of 2011 as a prime example in an attempt to assess the changing dynamics of the nuclear energy policy‐making process in Japan. To explore the changing dynamics, the paper focuses on the roles of the judicial branch and local governments in the nuclear energy policy‐making process. Nuclear energy policy in Japan has evolved along with industrial policies for economic growth. Before the Fukushima crisis, neither the judicial branch nor local governments were regarded as influential actors in nuclear energy policy‐making. The judicial branch basically supported government policy in litigation brought by civic groups. Local governments in rural areas tried to attract nuclear power plant construction because of promised subsidies from the national government and a solid tax base from construction and jobs. However, after the Fukushima crisis, both judicial branches and local governments became more influential in the nuclear energy policy‐making process. Local and high courts now actively issue injunctions against the reoperation of nuclear power plants. In gubernatorial or mayoral elections of local governments where nuclear power plants are located, candidates are politically pressured to express their stance on nuclear power plants more explicitly than in the past. Anti‐nuclear civic groups are also gradually changing the focus of their lobbying efforts to local elections. [ABSTRACT FROM AUTHOR]

During the last four decades the United States has witnessed first the emergence and then the disappearance of civil litigation as a topic of partisan debate in national politics. Following two centuries in which neither party thought the topic worth mention, in the last decades of the twentieth and first of the twenty-first century, both parties made it part of their agendas. Republican candidates and presidents denounced litigation as a blight; Democratic candidates and presidents embraced it as a panacea. This Essay traces the emergence of this issue, the apparent oddness of the two parties’ stances toward civil litigation, and the ways in which both parties chose to ignore salient characteristics of modern civil litigation—the unspoken truths of my title. Finally, I’ll tentatively suggest some reasons for the disappearance of this issue—at least temporarily—from the political scene.

'Fighting the good fight' is how some insurance defense attorneys view their position in civil litigation law as they work towards reasonable resolutions of personal injury damages claims and take the frivolous cases all the way to verdict. This writer was requested to analyze the day-to-day practice of an insurance defense litigator in tort matters. The focus of the paper was to provide those in the legal academic field with insight into defense litigation in the tort arena of personal injury matters. This paper endeavors to provide that insight along with suggestions as to areas of training that law students may benefit from if offered in law school to prepare them for the practice of law. [ABSTRACT FROM AUTHOR]