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Legal Cases - Science topic

Works consisting of collections of law reports or the published reports of decided cases and documents or filings related to those cases.
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I read somewhere that Ulema in British India agreed to Shafei provision of Khula which was not granted under Hanafi Law because Muslim women had started converting to Christianity to seek divorce. Does anyone know any source providing more information and evidence on this?
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كنت اتمنى الاجابة
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In practice, Social Work acts from different professional perspectives. For example, the legal case perspective must be methodically related to other case perspectives such as anamnesis and diagnosis within the framework of casework, ideally in a concrete way and with appropriate methodological awareness. It would be conceivable, for example, to subject the results of an introductory anamnesis and diagnosis to subsequent legal monitoring.
Are there scientific concepts or legal requirements for this methodological challenge in your country? Or do you tend to leave the meaningful linking of different case perspectives to the professional actors? What seems to make sense to you?
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For example Social workers to help solve the vulnerability problems of families
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Most of the current laws within this sphere were designed before the rapid progress of digital agriculture and therefore they can be interpreted differently. Most of the farmers using benefits of digital agriculture are concerned about data use (or theft) since they are no ICT experts and the data can be used for various reasons. Is it really a data theft then, since some of that data could (and should?) be used by the local (of national) agriculture authorities to monitor the agricultural process or production of the farmer (in case of governmental incentives)? For what else can it be used in that case? What if the software is freeware as a part of the agricultural incentives for farmers? To what level the farmer should be informed about it since there is no possibility to guarantee what will happen with that data in practice?
How do you see the advancement of the law in this field? How do you assess the current situation? Let me know what do you think.
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Agriculture is a sea of opportunities, where the farm laws are helping to create digital opportunities. Digital agriculture requires data and skills to proceed so, it is developing at slow pace. Digital agriculture is sustainable tool but good things take time !
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I can't find many studies regarding gallbladder emptying times in dogs. In particular, I wonder if this observation has ever been used as a contribution in legal cases, for example to speculate on the time of the last meal. I am examining a dog killed by a gunshot wound: the stomach is full of food only partially digested, but the gallbladder is not empty (the bile duct was normally patent). Can I infer something about the time elapsed since eating its meal?
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Starvation/fasting may lead empty gallbladder.
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I have come across a number of PhD thesis and Research articles where 'the data has been obtained from analysis of Arbitration cases, law cases or some other reports. Often such data collection and analysis is combined with expert opinion as well.
Should this method of data collection and/or analysis be called Case Study Research or some other method like (Content Analysis, Document Analysis, etc.).
By Case study research I understand methodology proposed by Robert Yin (Case Study Methodology), Eisenhardt, and few others.
Please suggest references for your comments. Thanks.
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Thank you Izetta Morris for adding another perspective to this discussion. So far, I was considering only from the perspective of analytical method. Of course, in the same documents (say Arbitration cases) researchers can look for Legal angle, construction angle for me, or other aspects. I look in the content of the books you have suggested. I hope it can be bought in our Library.
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National Laws are particular to each country and it is often a reflection of country economic and political status. Laws generally are evolving based on Legal Cases. The Legal Case will often introduce new Legislation(s) that may translate in new Law(s).
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Cyber Security Law is subject to particular country and partially to regional politics and economies. Plus, Internet provides may have their set of rules and policies to make sure that customers are getting best services and successful business.
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I was wondering if anyone had any expertise on the fourth amendment pertaining to electronic surveillance.
Would prospective warrantless StingRay searches that track a criminal to their own private residence be constitutional. Under the public movement doctrine, public roads are arguably covered, however if we follow Karo, it states that once the tracking invades the residence of an individual it violates the fourth amendment.
Thank you,
Dr. Sartre 
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Ok thank you, I will be looking at U.S. v. Lambis and the reasoning behind it.
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In February 2014, the Belgian parliament voted to extend the euthanasia law to include children under the age of 18. Do children have capacity for agency? Are they able to make decisions concerning their health? Are children mature enough to make such grave decisions? Is there a difference between adult euthanasia and child euthanasia? 
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I guess the answer should be twofold, devided by CAN & SHOULD.
First you should answer the question, whether children actually have the capability – CAN – decide on euthanisia, as in grasp the consequences and the full meaning of their sickness, pain and death. That of course depends on the intellectual capacity, the age of the child, and their cultural and religious background. Only if they have the capability to see all the consequence so, you actually can ask the question, whether can be morally and legally allowed to – SHALL/SHOULD – decide either way. 
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Im trying to develop a tool-kit for the courts for adjudicating climate change justice.
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Good morning - Here's a link to a recent judgment in the Netherlands (June 24 2015) where the court found that the State must do more to protect its citizens against the risks that accompany climate change.
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A pregnant lady with poly trauma due to assault admitted in hospital and she complaint to pain in abdomen as she was hit in her abdomen, during her course of treatment she aborted.
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In Pakistan the relevant provisions are contained in section 338, 338-A, 338-B and 338- C and section 338-F of the Pakistan Penal Code, 1860. 
Section 338. Isqat-i-Haml (اسقاط حمل) .Whoever causes a woman with child whose organs have not been formed, to miscarry, if such miscarriage is not aused in good faith for the purpose of saving the life of the3 women or providing necessary treartment to her, is said to cause isqat-i-haml. 
Explanation:- A woman who causes herself to miscarry, is within the meaning of this section.
Section 338-A. Punishment for Isqat-i-Haml. whoever causes Isqati-Haml shall be liable to punishment as ta`zir
(a) with imprisonment of either description for a term which may extend to three years, if isqat-i-haml is caused with the consent of the woman or
(b) with imprisonment of either description for term which may extend to ten years if isqat-i-haml is caused without the consent of the woman;
Provided that , if as a result of  isqat haml any hurt is caused to the woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death, as the case may be.
Section Section 338-B. Isqat-i-Janin (اسقاط جنين)ز Whoever, causes a woman with aq child someof whose limbs or organs have been formed, to miscarry, if such miscarriage is not in good faith for the purpose of saving the life of the woman, is said to cause Isqat--Janin.
Explanation. a woman who causes herself tro miscarry is within the meaning of this section..
Punishment for Isqat-i-Janin. whoever causes isqat Janin shall be liable to:
(a) one twewntieth of the diyat if the c hild is boprn dead;
(b) full diyat if the child is born alive but dies as a result of any act of the offender; and
(c) imprisonment of either description for a term which may extend to seven years as ta`zir.
Provided that if there are more than one child in the womb of th e woman, the offender shall be liable to separate, duiyat or ta`zir, as the case may be, for every such child:
Provided further that if, as a resultof Isqat-i-Janin, any hurt is caused to the mwoman or she dies, the ofender shall also  be liable to the punishment provided for such hurt or death, as the case may be.
Section 338-D. Confirmation of sentence of death by way of qisas or ta`zir etc.- A sentence of death awarded by way of Qisas or Ta`zir, or a sentence of qisas awarded for  causing hurt, shall not be executed, unless it is confirmed by the HIgh Court.:
Section 338-E. Waiver or compounding of offences. (1) Subject to the provisions of this Chapter and section 345 of the Code of Criminal Procedure, 1898 (V of 1898), all offences under this Chapter may be waived or compounded and the provisions of section 309 and 310 shall, mutatis mutandis, apply to the waiver or compounding of such offences:
Provided that , where an offence has been waived or compounded, the court may, in his discretion having regard to the fact and circumstances of the case, acquit or award ta`zir tot he offender according to the nature of the offence.
(2) All questions relating to waiver or compounding of an offence or awarding of punishment under section 310 whether before or after the passing of any sentence, shall be determined byTrial Court;
Provided that where the sentence of qisas or any otfher sentence is waived or compounded during the pendency of an appeal, such question may be determined by the Appellate Court.
338-F. Interpretation. In the interpretation and application of the provisions  of  this Chapter , and in respect of matters ancillary or akin thereto, the Court shall be guided by the Injunctions of Islam as laid down in the Holy Quran and Sunnah.
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Dear all,
On 30 September 2010 the Ukrainian Constitutional Court ruled upon the unconstitutionality of the Constitutional amendments made by Yushchenko. Whereas there are several comments available in Ukrainian (which I understand), I do not find any discussions upon the topic in any other language (as they might reflect a different point of view), apart from the statement of the Venice Commission (http://www.venice.coe.int/docs/2010/CDL-AD%282010%29044-e.pdf).
I searched Google Scholar and all I find are translated newspaper articles (i.e. the ones by ME Sharpe).
As I am updating an article from 2009, such articles would be very helpful!
Thank you in advance!
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I am writing an article about the comparison of the regulations of the french référé procedure (in english: summary interlocutory proceedings) and the Hungarian small claims proceedings. The only thing that I can not find is in which cases the french people like to turn to the president of the court to initiate a référé proceding. In Hungary these procedings are initiated in the case of a claim under 1 milion HUF (approximately: 4761$ or 3000 euros). Is there a limit in the french system like in the Hungarian?
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Thank You Moslem! :)
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The realization of the budgets to be viabilize torts vary by event type harmful as the active subject that provokes so. A manager of a company that civil liability should take? A commercial company may sue for damages caused by mismanagement of the agency?
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Hi Pedro,
Are you talking about the liability of the Board of Directors of a publicly traded company? If you are talking about a company with public stockholders, then the Directors are fiduciaries -- not agents. And the cause of action would be a derivative lawsuit on behalf of the wronged corporation, which lawsuit would be filed by the shareholders/investors ( i.e., the absentee owners of the corporation).
The managers of the day-to-day activities of the company are the agents; that is to say, they are in an agency relationship with the shareholders for whom they are supposed to be managing the business. If the foregoing are the relationships you are talking about, then in what role is the "commercial company" suing? Is it a shareholder?
Please give me more details so that I can take a stab at answering your questions from the standpoint of which entities are in the role of would-be plaintiffs. Also, if the prospective defendants are actually the managers of a publicly traded company, one must be certain that the "mismanagement" alleged does not fall into the area of the "business judgment" rule. Because if it does, it will be hard to make a case for a Common Law tort such as negligence. For the "mis-manager" to be held liable, one would need to show gross negligence, total incompetence, self-dealing or fraud.
Gwen
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Whatever the origin and history of this protection, it is surely obsolete with modern technology, especially with recording or videoing of police interrogations and the ubiquity of mobile phones. Someone on the radio this morning said that nowadays suspects have seen so many TV cop shows that they just turn their backs on the police and refuse to answer any questions. This obviously greatly benefits wrongdoers and frustrates the police, but does it even protect the innocent? Even if it does, is this not out of all proportion to the mischief it causes?
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While it seems not the 'done thing to do' to offer simplicities in navigating complex issues, this apparent generality is belied when those who actually know how and why generalities can and do explain complex matters do actually present simple explanations that are both reasonable and practicable. It should, but is not, the highest function of science to ensure the security of simplicities against public and/or professional disregard in the same way that the legal system is to guard against rapacious fanaticism by committing itself to innocence and thus enforcing a burden upon the accuser.
So, against advice both professional and popular, but because scientific all the same, I will address myself to the matter of protected silence by way of the single most important and universal simplicity that holds true both in the public mind as well as at the root of most that we understand of "law". This simplicity is called "adverse reliance".
When we go to a professional for advice, say to the doctor, we enter voluntarily into adverse reliance -- defined as willful but involuntary reliance on the power of another to potentially, whether willfully or otherwise, adversely affect oneself (we willfully enter the relation, involuntarily for having no choice as to the fact of the power relations within that context). Both public and legal opinion agree that the client is owed special protection and the negligence of the powerful are charged with aggravated status within a category of offense.
Whether the protected silence be at the police station or at court, the objective (let the law say what it will) is to protect those reliant on adverse exposure. The rationale is identical whether occurring with police or before judge and/or jury: In short, either context finds any defendant willing to volunteer -- out of any motivation be it best or worst -- at immediate imperilment. The police can now bend what has been said and proceed to badger the person who, especially if innocent, wants only to go home and recuperate, and will ultimate say anything AT ALL in order to do so, praying that someone will come to their defense outside of jail before it's too late. And by that time, it really is way too late.
The same problematic holds in court. Pleading the fifth is in essence refusing to be exposed to a parade of coloring by folks who have less interest in your truth and safety than you do (even your own lawyer may fail to grasp your certitude or believe firmly your rationale, and despite a zealous attempt to protect you from legal opportunism may yet fail to serve your interests at all well -- by your standards, that is).
The reason the Miranda warning is so important is less that harm be done to the truth by the defendant than that everyone else, despite being so-called professionals, will, because having their own agendas apart from your own safety and security (though they agree to being thus pledged) will happily twist whatever is said to their own advantage, almost always coming to disadvantage of your own.
This protection of those in positions of adverse reliance stands as the default, and the burden goes to the other side. While there are instances in which miscarriages can occur, it is plain both that those are few and that the better degree and extent of ultimate justice is best served by the generality thus ensured by the Miranda ruling and the fifth amendment right.
Understanding this posture of law requires, Anthony, that you place yourself in the position of the defendant first, and of the victim later. That is the way it has to be. There is nothing unfair in this so long as we do ultimately understand that the victims likewise have rights, and for thousands of years, like it or not, the sappy notion of "closure" has been at the top of the list, and it ranks far and away above the meager matter of ensuring justice.
Indeed, it ranks SO far higher than justice that the legal system must apply a metaphoric application of the adverse reliance doctrine, this time in its own defense, whereby justice is given deferment and preferment over victims, if only because where justice has been served, by definition so have the victims been succored as well as the culprits punished.
Once we understand these contexts and the commonality of a single, simple principle at work, we can also employ the same reasoning to enlighten us on the matter of compelling certain kinds of testimony on pain of punishment. Here the rule is of "probity". On the witness stand, a judge, on the basis of probity, can order a witness to answer a question on pain of a contempt of court citation.
After the trial, and after the guilty plea, there is often a hope that the guilty might volunteer or be compelled to offer some accounting beyond what was forthcoming in trial. For a time in England it was actually the fashion for criminals at the time of execution to offer their remarks upon the scaffold. Of course the import was what was left upon the audience, for the sentence was not affected. But these gallows chats were entirely voluntary.
Today, the question of compulsion is effectively moot; the only probative value is in such benefit as would be so important that the sentence be altered, which does often enough happen as it is. But suppose by some cajoling the guilty opened up. What really would be the advantage of that? Very damn little, if I may add my two cents.
I wish also to offer observations on a couple sidebars throughout the thread. These will not be popular remarks, but must still be entered for sake of truth and completeness, troublesome though many will find them...
First, doctors, and especially psychiatrists, are fully capable of far-reaching harm on a dangerously consistent basis, if only for being poorly trained to recognize the traits of the many and various mental maladies. The amount of mis- and under- diagnosis remains today a scandal of immense proportion that neither public nor courts are even meagerly aware of.
Second, every mass shooting -- yes, EVERY single mass shooting -- is the result of a disturbed mind. More specifically, of bipolar disease, often tinged with schizoid elements (both far and away better understood as exposure-adient for bipolar and exposure-avoidant for schizoid traits. While I am not the originator of the notion, I am the only one to have demonstrated, both theoretically and empirically, the validity of that nosological system).
As to the mentality of such diseased minds, two points are to be understood as both categorical and incontrovertibly valid: 1) the concept of 'reason' as applied to logic, is not only not diminished, but enhanced in the disturbed mind (point one for Anthony here); and 2) the concept of 'reason' as applied to rationale, is seriously diminished when not abolished -- Anthony will please note this.
The reason for these points lies clearly in the way that disease encroaches upon the mind. It gradually (or in delusional or psychotic episodes more quickly) gains control of the gate-keeping of consciousness and ultimately over what content arrives there from lower centers. A normal brain in full modulatory control keeps lower impulses out except in specified situations, such as those warranting emotions, for example. The compromised mind loses modulatory control and lower inputs gain traction, then momentum, then outright control, which is necessarily a forced usurpation of normal functioning.
Now the result of this is twofold: 1) Feelings of grandiosity and empowerment and entitlement exposure-adient (equivalently "stimulus confronting" actions) along with disregard, contempt and revulsion for persons or classes among society (exposure-avidant) are allowed to become increasingly dominant during stressful periods but occasionally as a regular contextual feature of outlook (the sociopath). These two categories of traits can combine, whence the avoidant transform into confrontational, as when contempt becomes rage toward the offending trigger(s). Now you have the elements of TNT ready to go off upon provocation.
Second, the legally responsible approach is to acknowledge culpability but with associated diminishment. Accordingly, the death punishment should be restricted (if it exists at all) to circumstances wherein the same mind absent the disease would have been capable of the same actions. Which pretty much terminates a rationale for capital punishment.
Finally, as for the observation that professions are increasingly able and willing to flout responsibilities, that is also the result of a deficient approach to adverse reliance. Here, however, the best approach to it is from the stewardship vantage, for it is in violations of stewardship -- in no small part because legal/ethical inducements/punishments are inadequate -- that professionals see gain without cause for retribution, and where a sense of entitlement and/or vengeance for perceived unfairness meted to themselves or their profession (doctors and malpractice insurance, a great example) excuses them from compliance with responsibilities they otherwise are fully aware of. They do because they can, and so seriously besmirch their offices.