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86 Uppsatser om Admiralty law courts - Sida 2 av 6
Två frivårdskontors syn på den procentuella skillnaden, vad gäller kontraktvårdsdomar
The aim of this paper is to spread some light over contract treatment from the perspective of the District Courts, Social Services and Probation Services, and understand the reason for local variation of the number of people sentenced to contractual treatment.Essential questions asked in this paper are; What advantages and disadvantages are known by the cooperating parties regarding contract treatment in comparison to prison? What parameters are considered when the cooperating parties decide upon contract treatment? What impact does the shared responsibility of cost have? What do the respondents think is the reason for the local variation?In order to answer the essential questions a qualitative and descriptive method has been used to highlight the main question of our study; What is the reason for the local variation in number of contract treatment sentences in Halmstad and Ystads district courts?The paper shows that the local variation between the Probation Services districts is dependent on the conditions to propose a contract treatment. In Halmstad it is not conditioned for the Probation Services to have a responsibility agreement with the Social Services to the same extent as for the Probation Services in Ystad..
Normalitet i adoption och föräldraskap : En kvalitativ studie av socialtjänstens medgivandeutredningar av ensamstående som vill adoptera
The aim of the study was to illustrate how single parents who want to adopt a child are described in consent investigations made by the social service. The methodology for this study was document analysis. The analysis material consisted of 23 consent investigations from family courts in 12 different municipalities and district administrations. The theoretical starting point of the study was the perspective of social construct of reality. Based on the issues of the study, background on international adoptions, theory of norms and deviation and past research the documents were analyzed.
Barnets bästa : en studie i hur domstolen avgör frågor om umgänge när det har förekommit våld i familjen
In many of the disputes concerning custody, residence and visitation determined by the court, some form of violence has been performed. The consequence of a child who has witnessed violence in their homes is a problem that is sometimes overlooked. It is not unusual that the violence will continue even after a separation. The law shows that the child´s need of both parents is to be met. This has according to previous studies resulted in the fact that courts do not always see visitation with a violent parent as a risk for the child.
En symbol går i graven - en studie av förslaget om Utlänningsnämndens nedläggning och införandet av en ny instans- och processordning i utlänningsärenden
Motives and reasons behind a decision to change the asylum process in Sweden are the central concern for this thesis. A symbolic political perspective will be applied in order to elucidate the symbolic factors that have influenced the decision process.The Aliens Appeal Board in Sweden will close down at the end of March 2006 and all pending and future cases will henceforth be decided by three administrative courts. This will be done in order to enhance the principles of legal certainty by making the process more transparent and oral. It is an extensive reform, but since very few amendments are made to the applicable substantive law it raises questions about the actual motives behind the change.One reason that seems to have had a major impact on the decision to close down the Aliens Appeal Board is the fact that the board is perceived as a symbol for an inhuman asylum policy. Transferring the process to the courts might ease the attempt to increase the legitimacy of the asylum process.
Gör om, gör rätt! Om judikalisering och migrationsdomstolens tillkomst
This thesis examines the reasons behind the Swedish migration policy reform which led to a replacement of the Aliens Appeal Board by the Migration Court. This introduced a two-party procedure, oral hearings and enhanced transparency. It was designed to guarantee the rule of law and to thwart political arbitrariness.The transfer of power from representative institutions to judiciaries is referred to as judicialization, and the Migration Courts may be considered a typical example of this phenomenon. However, this can be questioned. The straggling nature of the term implies everything and anything unless cautiously defined.
Medling i dispositiva tvistemål : En kritisk utvärdering av det svenska systemet
This paper is a critical evaluation of the Swedish system with special mediation. The district court has the opportunity, in cases that are amenable to out-of-court settlements, to refer the dispute to special mediation. However, this is extremely rare, even though the legislature expressed a desire to increase the use of alternative dispute resolution. In 2011, a series of measures were taken to increase the use of mediation and strengthen mediation attractiveness. What effect can be inferred from these actions today, over three years after their introduction? This study analyses the main reasons offered for why mediation is not used more, and what should be done to increase the use of mediation.
Personlig lämplighet : Värderingsgrund vid rekrytering
Commercial expropriation occurs when real property is compulsory acquired by a private operator. This phenomenon is relatively new and has been criticized not only because of the rules concerning compensation, but also from the point of view of permissibility.An intervention in the protection of property must fulfill the requirement of important public interest set out in RF 2 kap. 15 § in order for it to be allowed. There is no definition regarding what constitutes an important public interest, the only thing that exist is a non-exhaustive list in the preparatory work. This in turn has led to the creation of a broad discretion when it comes to determining what constitutes important public interests.
Rättssäkerhet och anstånd med betalning av skatt : En analys av 17 kap. 2 § p. 2-3 Skattebetalningslagen ur ett rättssäkerhetsperspektiv
The aim of this thesis is to investigate whether legal rights are upheld when wording and applying the postponement of payment of tax regulations of chapter 17 section 2 p. 2-3 of the payment of Tax Act. We also investigate how the wording of the regulations relate to the requirement of legal security.It has been questioned if the regulations concerning postponement of payment of tax are compatible with the requirement of legal security. Of course does not a taxpayer want to pay tax that he or she consider incorrect, and that has not been under trial by an impartial authority. If the request for postponement of payment of tax is rejected, the consequences for the taxpayer can lead to huge financial losses.
Anses endast ett bostadsinnehav tillräckligt för att medföra väsentlig anknyting till Sverige?
When unlimited tax liability exists, the individual is liable for all income, both which originates from other countries as well as from Sweden. In order for unlimited tax liability to exist the individual needs to either be considered a resident in Sweden, have habitual abode here or if previous residence existed, that the essential linkage still consists. To determine whether an essential linkage exists, the factors set out in the third chapter 7 § IL shall be considered, an overall assessment of all relevant circumstances must be made. In case law however, it appears that three of the factors have been given greater importance, one of which is the factor residence for year-around use, which includes both residence for permanent use and residence used for recreational purposes. The question raised in this thesis is whether the factor residence for year-round use is still regarded as a sufficiently strong basis to independently induce essential linkage for the taxpayer.A big difference between the two housing types exists.
Angelägna allmänna intressen : En begränsning av möjligheten att genomföra kommersiellexpropriation?
Commercial expropriation occurs when real property is compulsory acquired by a private operator. This phenomenon is relatively new and has been criticized not only because of the rules concerning compensation, but also from the point of view of permissibility.An intervention in the protection of property must fulfill the requirement of important public interest set out in RF 2 kap. 15 § in order for it to be allowed. There is no definition regarding what constitutes an important public interest, the only thing that exist is a non-exhaustive list in the preparatory work. This in turn has led to the creation of a broad discretion when it comes to determining what constitutes important public interests.
Sexualbrott, gärningsman, barn : - En studie i sexualbrottslagstiftningen
Abstract The law in sexual crimeis one of the most important sections in law that we have for the legalsecurity in relation to the victims. It took many years before Sweden began toactively examine how our laws were designed in this area, but throughout the2000s, several reforms have taken place. These have in turn led to SOU 2010:71,the inquiry is for us to have a new sexual offenses law again January 1st 2012. The major reform took place in 2005,which would change the whole structure of Sexual Crimes Act by the new Chapter6. The goal here was to increase the protection of children victims of sexualabuse of any kind. Furthermore, they changed the term "sexualrelations" to "sexual conduct" throughout the entire chapter 6.The reason for this was that the former term is considered to be misinterpretedthat an assault could be seen as mutual.
®-symbolen : Klargörande om registrerat varumärke
Trademarks are distinguishing marks that are used by companies to highlight their goods or services to separate them from other companies. In Sweden, trademarks are protected by a certain Trademark Law called Varumärkeslagen. The law is a result of many years of improvements from earlier trademark laws. Since Sweden is member of the European Union, its laws are affected and in many cases inferior to laws of the Union. A new Trademark Law is about to be implemented in Sweden, thanks to a directive from the European Union.When a trademark is registered it is possible to use the symbol ® along with the trademark.
®-symbolen : Klargörande om registrerat varumärke
Trademarks are distinguishing marks that are used by companies to highlight their goods or services to separate them from other companies. In Sweden, trademarks are protected by a certain Trademark Law called Varumärkeslagen. The law is a result of many years of improvements from earlier trademark laws. Since Sweden is member of the European Union, its laws are affected and in many cases inferior to laws of the Union. A new Trademark Law is about to be implemented in Sweden, thanks to a directive from the European Union.When a trademark is registered it is possible to use the symbol ® along with the trademark.
EG-domstolen:roll och funktion i en utvidgad europeisk union
The European Court of Justice, the ECJ, has the governing function in the Union as a guardian of law and justice. Even today, with a Union of 15 memberstates, statistics show that the ECJ and the Court of First Instance have increasing difficulties in fulfilling their tasks. This situation is chiefly a cause of an increasing number of cases raised. Due to this, profound changes have to be made in order to preserve common lawagreements in a future expansion of the Union. The purpose of this paper is to exam which changes the Courts have to make in order to meet an increased amount of cases that an enlarged Union would mean..
Kulturella och ekonomiska överväganden för framtiden : En fältstudie om syriska flyktingar i jordanska värdsamhällen
This thesis examines the everyday resistance, and its interaction with cultural hybridity, of the Saami population in the administrative unit of Torne lappmark during the period 1639?1732. To do this, the thesis uses theoretical concept of everday resistance as it has been described by JamesC. Scott and the theories of cultural hybridity as they have been described by Peter Burke. Primary source material used in this thesis consists of the court records from Torne lappmark, specifically from the courts at Jukkasjärvi and Enontekis.The results of this thesis present a picture of the everyday resistance in early modern Torne lappmark.