Prior Conviction as a Bar to a Civil Suit to Collect a Penalty

1931 ◽  
Vol 40 (8) ◽  
pp. 1319
Keyword(s):  
Civil Suit ◽  
Prior Conviction

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

Reasons Pro et Contra as a Debiasing Technique in Legal Contexts

2017 ◽  
Vol 121 (3) ◽  
pp. 511-526
Author(s):  
Frank Zenker ◽  
Christian Dahlman ◽  
Rasmus Bååth ◽  
Farhan Sarwar
Keyword(s):  
Decision Making ◽  
Strong Evidence ◽  
Future Research ◽  
Research Groups ◽  
Relevance Assessment ◽  
Legal Contexts ◽  
Low Degrees ◽  
Prior Conviction

Although legal contexts are subject to biased reasoning and decision making, to identify and test debiasing techniques has largely remained an open task. We report on experimentally deploying the technique “giving reasons pro et contra” with professional ( N = 239) and lay judges ( N = 372) at Swedish municipal courts. Using a mock legal scenario, participants assessed the relevance of an eyewitness’s previous conviction for his credibility. On average, both groups displayed low degrees of bias. We observed a small positive debiasing effect only for professional judges. Strong evidence was obtained for a relation between profession and relevance-assessment: Lay judges seemed to assign a greater importance to the prior conviction than professional judges did. We discuss challenges for future research, calling other research groups to contribute additional samples.

A “Hired Girl” Testifies Against the “Son of a Prominent Family”: Bastardy and Rape on the Nineteenth-Century Nebraska Plains

2021 ◽  
Author(s):  
Donna Rae Devlin
Keyword(s):  
Nineteenth Century ◽  
Great Plains ◽  
Life Experience ◽  
Real Life ◽  
Primary Component ◽  
Space And Place ◽  
Successful Outcome ◽  
Power Dynamics ◽  
Civil Suit ◽  
Sexual Power

Abstract In Red Cloud, Nebraska, in 1887, Anna “Annie” Sadilek (later Pavelka) pressed bastardy charges against the “son of a prominent family,” even though she could have, according to her pre-trial testimony, pressed charges for rape. To the literary world, Sadilek is better known as Ántonia Shimerda, the powerful protagonist in Willa Cather’s 1918 novel, My Ántonia. However, it is Sadilek’s real-life experience that allows us to better understand life on the Nebraska Plains, specifically through an examination of the state’s rape laws and the ways these laws were subsequently interpreted by the courts. The Nebraska Supreme Court, between 1877 and 1886, established the need for the state to prove force as a primary component of the definition for rape, drew boundaries around acceptable reporting times, and solidified their stance on the requirement of corroborating testimony. These factors led Sadilek to charge Charley Kaley not with rape but with bastardy, a civil suit, which almost guaranteed a successful outcome for Sadilek and her child because it would not burden the county or state with their financial welfare. In analyzing Sadilek’s choices before the law, this article demonstrates the complexities of the gendered legal systems facing women like Sadilek who sought justice for crimes of a sexual nature. Additionally significant, this article draws attention to a space and place that lacks significant study in regard to the sexual power dynamics of the nineteenth-century Great Plains West, a multicultural contact zone highly susceptible to the influences of hypermasculine control.

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