Business and Justice Info » Court Management http://www.justice4akom.com Presenting Business and Justice Info for People Mon, 30 Jan 2012 12:44:26 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 IFCE Based Identification Results http://www.justice4akom.com/ifce-based-identification-results.htm http://www.justice4akom.com/ifce-based-identification-results.htm#comments Fri, 10 Sep 2010 13:49:58 +0000 Phelp Moses http://www.justice4akom.com/?p=225 IFCE based identification results, there are at least 7 (seven) major areas that require improvement in the judiciary that will bring positive impacts on the cultural organization of the courts in shaping the values that affect the pattern of exceptional performance. The seven areas can be grouped into three main sections, namely: (1) Court management and leadership as the main controller; (2) Court policies and Human, material and financial resources, as well as Court proceedings as a whole system, and (3) Client needs and satisfaction, and Affordable and accessible court services, and public trust and confidence as the outputs to be produced. Meanwhile, there are at least 11 (eleven) particularism values that must also be built in a judicial institution, namely: equality before the law (equality before the law), justice (fairness), unbiased (impartiality), independence in making decisions (independence of decision-making), skills (competence), honesty (integrity), openness (transparency), accessibility (accessibility), accountability (accountability), timeliness (timeliness), and certainty (certainty).

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]]> http://www.justice4akom.com/ifce-based-identification-results.htm/feed 0 Darsi Ferrer: disappeared in the judicial system http://www.justice4akom.com/darsi-ferrer-disappeared-in-the-judicial-system.htm http://www.justice4akom.com/darsi-ferrer-disappeared-in-the-judicial-system.htm#comments Fri, 27 Aug 2010 13:24:59 +0000 Phelp Moses http://www.justice4akom.com/?p=11 HAVANA, Cuba, March (www.cubanet.org) – What is intended by the Dr. Darsi Ferrer, a human-rights activist declared a prisoner conscience by Amnesty International and recently awarded with the Defenders of Freedom Award by the U.S. government – disappeared into the tangle of the Cuban legal system for eight months, and currently on hunger strike? Could it be that the court did not find a legal way to punish a onvincing manner? Is of inter-judicial punishment of the Castro regime? Or what is aim is to commit a crime in his capacity as illegal prisoner?

The law provides that pretrial detention should only be applied, so exceptional, who supposedly could escape justice (read out of the country), or for serious crimes, and none of the two is the case. Actually no conclusions have been drawn Interim Office of the Prosecutor, so that is not yet defined the procedural object. A context to declare authoritatively still
is not known why Darsi prisoner, even though the instruction injunction decree for crimes of receiving and attack a neighbor, who allegedly sent threatening phrases.

The family has sent complaints to the Deputy Attorney General of the Republic, and the defense has submitted three applications for change of measure. The uncertainty overwhelms family and friends, given the dangerous environment surrounding the activist doctor.

The defense, in a last request for a change of measure (the fourth),
plotted accurately points out that the current state of immobility in
is the process that breaks the legal terms to the detriment
of the essential guarantees of the accused:

A. The preparatory phase ended in September last year, more than six months. Since then the case has shifted from the prosecution October 10th Municipal Provincial Court, and thence to the Attorney General but so far none has been adopted variants under Article 261 or 262 of the Act Criminal Procedure: removal, dismissal or presentation to Court, after making tentative conclusions. The terms to apply both rules of law are overdue. It has not happened so far anything new in the process. A breakdown of legal terms violates the principle of legality.

B. On another subject, was presented on 29 October 2009, at the Provincial Prosecutor’s Office a letter of request for change of measure precaution, and it was not until 7 December of that year, 39 days later reported that the order refusing “signed on 13 November 2009 “, when I was in regular telephone contact with the prosecution, and had not yet declared their position. However, Article 251 of procedural law establishes maximum for 5 days
resolve this matter.

C. Instruction 133-88, the Governing Council of the Supreme Court People, places on the need to prioritize the processes accused in custody, reaffirming the principle of speed or “prompt justice” without doubt one of the essential guarantees of process. Unfortunately in this case was not the case.

“Darsi Ferrer is being held for six months (plus two in instruction, 8 months in total), without having defined its position, results based on grounds wholly unnecessary to continue keeping them in prison, while the process continues to dilate unjustified, “concluded the defense. It’s time for prosecutors and judges resign from the accomplice and handling aware of the responsibility for his actions, a responsibility that involving journalists in the official program Mesa Redonda, and other Yeomen of the paroxysm Castro.

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]]> http://www.justice4akom.com/darsi-ferrer-disappeared-in-the-judicial-system.htm/feed 0 Or American judicial system do terrorism case http://www.justice4akom.com/or-american-judicial-system-do-terrorism-case.htm http://www.justice4akom.com/or-american-judicial-system-do-terrorism-case.htm#comments Thu, 05 Aug 2010 13:39:02 +0000 Phelp Moses http://www.justice4akom.com/?p=16 Boots the trial for the attack in Detroit
Abdulmutallab Nigerian pleads not guilty in his first appearance – Prosecutors accused expected to negotiate a sentence in exchange for information
Abdulmutallab Umar Farouk, the only accused of trying to fly a plane from the Northwest U.S. company last Christmas Day, yesterday pleaded innocent to the federal judge in Detroit who informed him of six counts brought against him by U.S. prosecutors . With the appearance of less than five minutes in which the door remained open to possible negotiation of the sentence, was made the first move towards a trial in which the Nigerian youth can be sentenced to life imprisonment.

A string of errors
From what he is accused

Three arrested at Heathrow
Easy prey to radicalism

The Al Qaeda offensive

This is an unprecedented situation in the U.S. justice
In a very soft voice and using good English, Abdulmutallab, wearing a white shirt and shackled at the feet, welcomed the privilege that gives justice to deny his guilt in the crimes attributed to him despite the many evidence accumulated against him. Thus, the defendant reserves the right, according to the rules of the American system of providing tax information on their activities, their objectives and their accomplices in exchange for a reduced sentence.

Abdulmutallab was reported six crimes, including attempted murder and use of weapons of mass destruction to bring down a plane with 289 people aboard, who were admitted this week by a grand jury in Detroit. The grand jury is the court that decides whether a case deserves to be seen in court. Detroit is the city where it is judged which saw the assassination attempt, although the court is of federal jurisdiction for crimes have that category.

Local media had reported in previous days of presence in the motor city of the accused father, a respected Nigerian banker who had complained to the American Embassy in Lagos suspicious activities of their child. Its influence can be far from decisive Abdulmutallab conduct in interrogations.

Experts believe that this is an easy case for the prosecution, given the multiple evidence linking the accused to the crime, although lieutenant in mind the political significance of the trial fit some surprises. The defense may try to prove insanity of the 23 years or, more likely, offer this negotiation to plead guilty.

Abdulmutallab is defended by the team of public defenders in the district of Detroit, led by Miriam Siefer, considered by his peers as one of the most literate in the country. One of his first courses of action will be to determine whether the accused was read his rights adequately and immediately after his arrest.

Sources prosecutors have not specified the time the FBI agents who interrogated him that he reported what are called “Miranda rights”, including that of keeping silent and to consult with an attorney. Proponents claim that came into contact first with Abdulmutallab to 30 hours of his arrest, but still unaware if that was the point at which the detainee is welcomed that right or the time it took the FBI to report that could do.

There is precedent for a situation like this because Abdulmutallab is the first suspected terrorists detained since the Supreme Court decided last year that the right of habeas corpus was valid for all defendants in any court of justice, both civil and military. In 2001 he was sentenced by ordinary courts Richard Reid, of British origin, for attempting to make a bomb on a plane hidden in the soles of her shoes. In 2003, the civil courts also addressed the case of Iyman Faris, who was condemned as part of a complex to destroy the Brooklyn Bridge. Two others accused of belonging to Al Qaeda operative Jose Padilla and Ali al-Marri, were sentenced by civilian judges, but in custody of military justice.

The military courts are under some opposition congressmen considered appropriate to have tried Abdulmutallab. “We have to treat these terrorists as they are not common criminals, but enemy combatants in a war,” said the ranking Republican on the Senate Intelligence Committee, Christopher Bond. Military courts have been more effective, according to this view, to obtain valuable information about the defendant’s activities, and that the detainee had been severely restricted rights in that jurisdiction. Meanwhile, the opposition believes that the presence of Abdulmutallab in civil court and that this requires shipments carries a security risk that could have been avoided.

The Government believes, however, that the justice system has more than enough resources to question the defendant and deprive him of the rights they protect any inmate is not, as demonstrated in the past provide no guarantee that more information.

In the background of this controversy is the criticism from conservatives that Barack Obama refuses to acknowledge that America is at war. The president repeated on Thursday that yes, the country is at war with al Qaeda, but the Administration has abolished the “war on terror” and “enemy combatants” that were used by the government of George Bush.

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]]> http://www.justice4akom.com/or-american-judicial-system-do-terrorism-case.htm/feed 2 COMMON LAW http://www.justice4akom.com/common-law.htm http://www.justice4akom.com/common-law.htm#comments Tue, 27 Apr 2010 01:42:09 +0000 Akbar http://www.justice4akom.com/?p=63 The principle underlying the common law is that cases should be resolved by reference to previous judicial decisions, rather than subject exclusively to written laws made by legislative bodies. This principle is what distinguishes the common law system of continental European law and of other countries. While in the continental legal, judges resolve cases basing their judgments on legal rules set in advance, in the common law, judges are more focused on the facts of the case to reach a fair and equitable outcomes for litigants .

When it meets a number of judgments about a particular set of similar responses, extract general rules or precedents that become guides for guidance when the judges have to solve similar cases in future. However, subsequent cases can contain various facts and considerations, for example arising from social changes or different technological conditions. A judge at common law is therefore free to get open or dissent from the doctrine established by precedent and have a new rule for the decision, which in turn will become a new precedent if accepted and used by other judges. Thus the common law has a continuing momentum for change. As Supreme Court Judge of the United States Oliver Wendell Holmes wrote in his book The Common Law (1881): “the life of the common law was not logic, but has been experimental.”

In every system of common law outlines a pyramidal structure of courts to define and clarify the law. At the base of the pyramid is the trial court (in English, the court of first instance). In criminal prosecutions, with the judge, also involved a jury: the judge decides and instructs its components on the law and it is they who decide on matters of fact. Except for cases of defamation, malicious prosecution and false imprisonment, which are decided by a jury in civil actions only the judge decides, both in regard to legal questions as to the factual.

Above the lower courts are courts of appeal, made exclusively by judges responsible for arbitrating disputes. These discussions are focused on finding out whether the lower courts have applied the correct legal principles and whether they have drawn the right conclusions from the data established facts in civil cases. The interpretations of law made by the appellate courts are established precedents that inform the decisions of future cases. Keep in mind that the importance of precedent for any court depends on the position of the court in the hierarchical structure described above. For example, a precedent set by an appellate court has a greater legal force to the courts of first instance for the rest of the other courts of appeal.

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]]> http://www.justice4akom.com/common-law.htm/feed 0 Introduction to Economic Analysis of Law (AED) Part II http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm#comments Fri, 23 Apr 2010 16:41:08 +0000 Akbar http://www.justice4akom.com/?p=56 Economic Analysis of Lawthe main contributions that the AED making the economy were made by the so-called institutional economics. The main theorists of the discipline in its various phases were:

* John R. COMMONS (1862-1945).

Commons was a key member of the American institutionalism school. Born in Ohio (USA), was professor of economics at the universities of Wesleyan, Oberlin, Indiana, Syracuse and Wisconsin. President of the American Economic Association.

His influence is not so much to his theoretical writings as legislation that promoted and managed to pass in American legislatures. His friendship with Robert LaFollette and other progressive senators prompted a profound reform of labor legislation, especially concerning health and safety conditions in the workplace, unemployment insurance and social security programs for retirement. All this before the First World War!

John Commons investigated the role of the state and proposed the development of “Institutional Economics” as a synthesis of Political Economy, Law and Ethics.

* Kenneth J. ARROW (1921 – ).

Nobel Prize 1972. U.S. economist, New York, studied at City College and Columbia. His doctoral thesis “Social Choice and Individual Values” was a theoretical revolution. Using the notation of symbolic logic raised the problem of intransitivity of social preferences. The “impossibility theorem of Arrow,” argues that there is a democratic form of voting that allows a transitive social choice and rational. The only constitution which would allow decisions stable and unambiguous a dictatorship would be the individual or where the choice down to two.

He received the Nobel Prize in Economics in 1972, shared with Britain’s John R. Hicks, for pioneering contributions to general economic equilibrium theory and welfare theory.

* Ronald H. Coase (1910 – ).

Nobel Prize 1991. British economist won the Nobel Prize in Economics in 1991 for his discovery and clarification of the significance of transaction costs and property rights for the institutional structure and functioning of the economy. It is considered the originator of the field of Economic Analysis study of law with its publication in 1960 of what has been called the Coase Theorem.

He studied at the London School of Economics and began working as a professor at the Dundee School of Economics and Commerce (1932-1934), the University of Liverpool (1934 -1935) and the London School of Economics (1935-1939 and 1946 -1951). He immigrated to the United States, working at the University of Buffalo, the Center for Advanced Study in the Behavioral Sciences at the University of Virginia and since 1964, the University of Chicago. He was editor of the magazine “Law and Economics” from 1964 to 1982.

The 1960 article “The Problem of Social Cost” is considered the most cited article in the economic literature of all times and countries, but their ideas were seminal and explicit in the article “The Nature of the Firm”, 1937, that any pricing system has a cost and that it is possible to do an economic analysis of the rules, organizational forms and methods of payment.

Ronald Coase is considered the founder of the Economic Analysis of Law and the “New Institutional Economics.”

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]]> http://www.justice4akom.com/introduction-to-economic-analysis-of-law-aed-part-ii.htm/feed 0 Regulations implementing the Code of Intellectual Property http://www.justice4akom.com/regulations-implementing-the-code-of-intellectual-property.htm http://www.justice4akom.com/regulations-implementing-the-code-of-intellectual-property.htm#comments Sat, 17 Apr 2010 15:22:32 +0000 Akbar http://www.justice4akom.com/?p=45 The Ministry of Economic Development (http://www.sviluppoeconomico.gov.it/) has finally approved a regulation to implement the Code of Industrial Proprietary to ensure greater protection and simplify procedures in the interests of businesses.
“The systematic reorganization of the provisions on industrial property made by the Industrial Property Code – explained the Minister of Economic Development, Claudio Scajola – is aimed not only at strengthening the competitiveness of Italy, where it assumes a strategic importance for better compete internationally, but also to simplify all the procedures relating to securities of industrial property through the provision of tools to meet the most immediate administrative practices, thereby the contrast of counterfeiting to protect citizens and consumers. “
The regulation responds to the needs of the discipline of filing of applications, instances, methods of enforcement proceedings on the opposition and the business conducted by consultants in industrial property.
The new rules, the result also of comparison with the industrial property consultants directly involved in the procedures for lodging at the General Directorate for Combating Counterfeiting – Italian Patent and Trademark Office, is the result of a common will of the government and users have facilitation procedures in obtaining and managing industrial property titles, in accordance with Community and international law.

The regulation responds to the needs of the discipline of filing of applications, instances, methods of enforcement proceedings on the opposition and the business conducted by consultants in industrial property.

Among the most important aspects are noted:

1. the procedures for filing notice of opposition under Article. 176 C.P.I. and subsequent filings;

2. the convening and conduct of the Register of industrial property consultants enabled;

3. filing on paper and electronically to: applications; instances, deeds, documents and appeals notified; Italian translation of the claims of European patent applications and published texts of European patents granted or maintained in amended form.

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]]> http://www.justice4akom.com/regulations-implementing-the-code-of-intellectual-property.htm/feed 0 Industrial property: in effect the decree simplifying procedures http://www.justice4akom.com/industrial-property-in-effect-the-decree-simplifying-procedures.htm http://www.justice4akom.com/industrial-property-in-effect-the-decree-simplifying-procedures.htm#comments Thu, 15 Apr 2010 15:02:38 +0000 Akbar http://www.justice4akom.com/?p=42 It ‘came into force on 10 March 2010 Decree of the Ministry of Economic Development contains the Regulations for implementation of the Code of Industrial Property (OJ n.56 of March 9, 2010).
Objective, providing users with facilitation procedures in obtaining and managing industrial property titles, ensuring greater protection and simplification of procedures, in accordance with Community legislation and international law.
The Industrial Property Code was introduced into Italian law by Legislative Decree No 30 of 10 February 2005. Covers patents, trademarks and other distinctive signs, adjusting the subject matter of industrial property requirements to obtain the effects of protection, duration, fees and charges pertaining thereto. Encourages, therefore, contrast the phenomenon of counterfeiting in the interests of citizens and enhance the competitiveness of the system.
The Regulations transpose the requirements that govern the filing of applications, instances, methods of enforcement proceedings on the opposition and the business conducted by consultants in industrial property.

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]]> http://www.justice4akom.com/industrial-property-in-effect-the-decree-simplifying-procedures.htm/feed 0 Modena Luca Ghelfi: Law 194/78 should be applied in its real spirit http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.htm http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.htm#comments Fri, 09 Apr 2010 12:48:17 +0000 Akbar http://www.justice4akom.com/?p=34 Article 1 of Law 194/78 states: The State guarantees the right to conscientious and responsible procreation recognizes the social value of motherhood and protection of human life from its beginning. The voluntary interruption of pregnancy under this Act is not a means of birth control.

The State, regions and local authorities within their powers and functions, promote and develop health services and other necessary steps to ensure that abortion is used for limiting births.

The Sunday newspaper article read, in which Dr. Silvana Borsani describes the identikit of the woman who chooses an abortion, I was reminded of the opening words of this law, much cited, but perhaps not always well applied, they speak for economic reasons, lack of employment as a result of choosing to practice voluntary interruption of pregnancy. I’d occasionally hear of many women who come to counseling are addressed to different solutions from the interruption of pregnancy. How many are getting help from social services because sent from a clinic. And I ask this not to criticize the work of many operators that are committed every day, but because it is these numbers that we should work as public bodies to understand better how to help women, and really avoid the use of abortion as a control system birth, at a time of difficulty.

The signal should not be underestimated in this sense, is the increasing number of health workers and doctors who are conscientious objection to this practice, now 51% in Modena. On these resources, this new awareness of the problem of protecting life, we should work. The goal is not as supportive left allying prevent access to women, but to help those it is aimed for economic reasons, or personal or social difficulties, to find different ways, if there is a desire to fund to continue a pregnancy.

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]]> http://www.justice4akom.com/modena-luca-ghelfi-law-19478-should-be-applied-in-its-real-spirit.htm/feed 0 Italy abortion law 194 http://www.justice4akom.com/italy-abortion-law-194.htm http://www.justice4akom.com/italy-abortion-law-194.htm#comments Wed, 07 Apr 2010 12:19:33 +0000 Akbar http://www.justice4akom.com/?p=32 We report the activities of the association “No 194″, which is taking action after the referendum to repeal Law No. 194 of May 22, 1978, on abortion. The association, as stated by its charter, constituted an impartial committee called “Committee for the repeal of Act 194, and is pursuing the creation of regional committees throughout the country

New Force bride and gives its full, total and unconditional support to this initiative, which means supporting not just a statement of approval, but also with the active support of any activity that you decide to continue to reach the end of ‘ Association. Then follow in the coming days, informational messages about an impending pavilion that will be staged next weekend in Avellino.

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]]> http://www.justice4akom.com/italy-abortion-law-194.htm/feed 0 Spain approved the new abortion law http://www.justice4akom.com/spain-approved-the-new-abortion-law.htm http://www.justice4akom.com/spain-approved-the-new-abortion-law.htm#comments Mon, 05 Apr 2010 11:50:22 +0000 Akbar http://www.justice4akom.com/?p=29 With 132 votes in favor, 126 against and one abstention, the Spanish Senate has finally approved the bill that the Zapatero governments further decriminalize abortion. The new law will enter into force four months. The text allows women to choose at least sixteen years within the first 14 weeks of pregnancy, which become 22, behind medical opinion, if the mother’s health at risk or there are serious anomalies in the fetus.

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