county courts
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2021 ◽  
Vol 7 (2) ◽  
pp. 212-223
Author(s):  
Răzvan VIORESCU ◽  

Currently, the legal framework on electronic signatures is represented by EU Regulation no. 910/2014 on electronic identification and reliable services for electronic transactions on the internal market, Law no. 455/2001 regarding the electronic signature completed by GEO no. 39/2020 and, finally, GEO no. 38/2020.


Temida ◽  
2021 ◽  
Vol 24 (1) ◽  
pp. 75-98
Author(s):  
Vidmar Hamer

The purpose of this article is to analyze how the COVID-19 pandemic affected the work of the Victim and Witness Support System in the Republic of Croatia, particularly Service for Victim and Witness Support at the Ministry of Justice and Public Administration of the Republic of Croatia, Victim and Witness Support Departments at the County Courts, Network of Support and Cooperation for Victims and Witnesses of Criminal Offences (consisting of 10 organizations operating in 13 counties) and National Call Center for Victims of Crime 116 006. The problems faced by support organizations and services as well as victims are presented in the paper. Certain changes in the procedures and new forms of cooperation have been noticed, which improved the support system and enabled victims' easier access to their rights. In order to build a resilient society and organizations, as well as to prevent burnout of professionals and ensure their resilience, it is important to cooperate with each other and provide support to helpers in the form of training, regular meetings, consultations and supervision.


Author(s):  
Miroslav Popović

The aim of the paper before us is to present the basic features of the development of the County Court of Ćuprija in the 1840s, its organization and work, based on the report of the Ministry of Justice, which contain statistical data and conduit lists with information about employees. The paper is also based on published documents of the Court, schematism and the Census of Tax Heads, Municipalities and Conciliation Courts in the Principality of Serbia from 1839. The County Court of Ćuprija took its place in the network of county courts of the Principality of Serbia, which was the basis of the judicial system, which, after the Constitution of 1838, the first regulations, decrees and laws on organization and procedure, made its first serious steps. When it comes to staff, the members of the court were people with experience, most of the employees had completed normal schools, therefore, they had basic preconditions for performing the service. The Commission for the Improvement of Civil Procedure from 1845 found that the Ćuprija court also entered the group of overburdened, and increased its staff by one clerk. When looking at official data, the number of crimes and civil lawsuits at the Ćuprija County Court increased during the 1840s, especially in 1845 the court had problems with accumulated civil lawsuits. There was a drastic increase in adjudicated cases of crimes and lawsuits after 1845, and it seems that the interventions of state authorities have influenced the increase of efficiency, and, perhaps, the trend of adopting new, more differentiated, applicable, clearer and more efficient regulations, both in the field of judicial organization and various branches of civil and criminal law and court procedure.


Author(s):  
O. Byrkovych

The article reveals the peculiarities of the implementation of the Russian judicial system in the Hetmanate in the second half of the XVIII - first half of the XIX century. It is pointed out that the incorporation policy of the Russian Empire provided for the full inclusion of Ukrainian lands in the empire, both in administrative and legal aspects. Beginning with the abolition of the institution of the Hetmanate, the regimental-hundred system, the imperial authorities tried to eradicate from life all the legal attributes of the Cossacks, which were traditional for the population and differed from the classical Russian. One of such attributes of statehood was the system of the judiciary and the judiciary. Having determined the specifics and characteristics of the traditional Ukrainian judicial system, which has been implemented in the Hetmanate since the middle of the XVII century, judicial reforms of P. Orlyk, K. Rozumovsky, the peculiarities of the introduction of the Russian class system of justice are established. After the liquidation of the regimental-hundred system and the introduction of division in the provinces, zemstvo (provincial) and county courts began to be established on the territory of Ukraine, which had a wide range of powers and were divided into criminal and civil departments. Zemsky courts were the court of the highest instance and the main appellate body, but decided only cases involving the nobility. The formal election of judges and their subordination to the emperor was a compromise that satisfied both the government and guaranteed the loyalty of the nobility. County courts were under the control of the nobility, which leveled the transparency of decisions. The lowest judiciary was the village courts, which dealt with most economic and administrative issues related to the most vulnerable. The practice of «arbitration» and «conscientious» courts, whose task was to resolve disputes at the pre-trial stage, can be considered a certain positive. They minimized and debureaucratized the judicial system, forming an effective alternative to county courts. Contractual principles in the judiciary, given the existence of about 10 thousand legal acts, some of which were naturally not known to judges, and sometimes contradicted each other, became the key to the stability of the judiciary in the pre-reform period.


2020 ◽  
Vol 79 (2) ◽  
pp. 260-287
Author(s):  
Kate Leader

AbstractNegative attitudes towards litigants in person (LiPs) are long-standing. But despite their persistence, no study has ever considered: how did we get here? This is what this article sets out to do, analysing when the term LiP first appears, and the context in which this occurs. I argue this moment is a by-product of broader changes taking place for the legal profession in the nineteenth century. Drawing on Larson's “professional project” I argue the new county courts become a battleground for attorneys to distinguish themselves, and it is the introduction of certain kinds of distinction that undermines the self-represented party. This article ultimately argues that the LiP role is not simply self-representation, but is rather self-representation that can only occur in the latter stages of the professional project. This means, perversely, that the creation of the term LiP does not indicate the facilitation of lay participation in legal forums; it marks instead the moment when they are displaced. As I conclude, this displacement has profound consequences for LiPs to this day.


2019 ◽  
pp. 61-90
Author(s):  
Carlton F.W. Larson

This chapter explains that between the adoption of the Declaration of Independence and the creation of firmly established civilian courts, Pennsylvania experienced a long, chaotic interregnum punctuated by the British invasion and occupation of Philadelphia. Although Pennsylvania’s radical new government enacted a treason statute, punishment of disloyalty continued to rest with extrajudicial entities, including committees of safety and the military. The scope of military jurisdiction was seriously debated. County courts slowly reopened and began hearing cases of misprision of treason (a lesser charge), but no cases of high treason were heard. Faced with the threat of military invasion, the Assembly’s controversial suspension of habeas corpus led to the exile of prominent Quakers to Virginia in 1777, accompanied by vigorous debate over the propriety and legality of this action


2019 ◽  
pp. 91-121
Author(s):  
Carlton F.W. Larson

This chapter begins by summarizing the cases of misprision of treason heard in the county courts. The state government began a controversial attainder policy, a process that led to extensive property confiscations. The court of oyer and terminer, consisting of the three Pennsylvania Supreme Court justices, finally opened. Through grand-jury charges, the justices explained their understanding of treason law. Following the British evacuation of Philadelphia in June 1778, the state government sorted through charges of disloyalty against hundreds of individuals, eventually winnowing them down for trial that fall. The trial of Joseph Malin in Chester County in September 1778 was the first treason case heard by a Pennsylvania court during the Revolution. The defendant was represented by high-quality defense counsel, the court issued moderate rulings, and the jury acquitted the defendant, patterns that would recur in future cases.


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