Sök:

Sökresultat:

22110 Uppsatser om Court case study - Sida 1 av 1474

"En ryggradslös lag" : Om LSS-besvär hos länsrätten rörande personkrets tre

AbstractThe purpose of this study were to examine the appeal that reaches the county administrative court regarding cases within The law of support and service to some disabled (LSS) the third "alternative" with the effort personal assistant. We have gathered 280 cases from seven different county administrative court and from our selection 19 of the cases remained.These 19 cases became our starting point for our study and they have been interpreted through Foucault´s and Skau´s interpretation frame regarding power and Payne´s social constructivism to try and answer our three questions at issue: How are the cases being handled by the county administrative court? What kind of cases leads to appeal? What similarity and differences are there between the cases? These questions have been answered one by one in a systematical order. Our result shows, among other things, that cases that involve certificates from occupational therapist or physiotherapist are the cases that win against the municipality in the county administrative court. Further we have found a new theme in our study regarding clientification among them who apply for efforts within LSS and "alternative" three.

Mål- och resultatstyrning inom domstolsväsendet: En fallstudie inom Migrationsdomstolen i Stockholm

The aim of this study is to enhance the knowledge of target and performance management?s effects on the judiciary. In the past decades there have been a number of reforms in the general public sector of many countries. The management philosophy often used to describe these public sector reforms is called New Public Management (NPM). One main theme has been an increased focus on the management control systems, for example a greater emphasis on target and performance management.

Arbetsgivarens primära förhandlingsskyldighet samt undantag från densamma enligt 2 § MBL

AbstractThe employer is obliged to initiate negotiations with the union organization to which the employer is bound by a collective agreement. This applies both to decisions which imply a substantial change in workplace operations or employment conditions of the individual employee. In case law this obligation has been very extensive through all cases that have been up in the Swedish Labor court. Due to this fact the employer?s duty to negotiate has been interpreted very broadly.

Vill vuxna veta vad barnen tycker? : En undersökning om hur barnets åsikt kommer fram och påverkar familjerättens bedömning och tingsrättens dom i vårdnads, boende- och umgängestvister

The main purpose of this essay was to study how the child's own view appeared in the office of family law investigations and in the following municipal court verdicts and if it had influenced the judgement and the verdict. We wanted to see if the child's age was important for the possibility to make oneself heard and if there had been changes overtime related to the consideration to the child's own view in investigations- and court context.To obtain answers to the questions, we decided to execute a qualitative case study, which exclusively was based on document analyses. We selected to examine a middle-sized municipal in the southern part of Sweden. We concerned only for children in the age of 8-12 years, who was affected by a court verdict either 1999 or 2003.Our study showed, among other things, that the majority of all children were interviewed. It also showed that the age of the children didn't affect the consideration the court took to the child's opinion.

?Om jag inte hade gjort det här, hur skulle jag i så fall svara Gud där uppe.? : En textanalys av hur religion kan förstås i ett rättsfall rörande hedersmord.

With a religious psychological perspective this paper focuses on how religion is communicated during an investigation, and how religion might include in the decisions and the implementation of committed honor killings. This study pinpoints the question if it´s reasonable to unilaterally declare honor killings with culture, which is based on a distinction between culture and religion. The study is done on a court case where the offender confessed to a murder that is categorized as a so-called honorable motives. The material consists of interrogation reports during the investigation and several notes written by the offender before the murder. With a broad definition of religion the text material is analyzed with the theory of attribution.

Länsrättens bevishantering i LVU-mål med hedersrelaterad problematik

The purpose of this study was to look into how evidence evaluation in verdicts considering 2 § LVU (Care of Young Persons Act) linked to honor related problems are handled by the County Administrative Court of Stockholm. The questions at issue were how the County Administrative Court handles the prerequisites regarding 2 § LVU verdicts, how the County Administrative Court proceeds when evaluating evidence in 2 § LVU verdicts, and how the County Administrative Court handles indications of that a child is living in an honor-related context. To answer this, five verdicts have been analyzed. In addition to this, two interviews were made as a complement. In the analysis of the collected material, the authors proceeded from a theory of evidence and used a hermeneutic method for the analysis.

Den villfarande studenten. Rättsprocessen mot Erik Molin 1734-1739

This study investigates the judicial process against Erik Molin, a clerk and former theology student at the University of Uppsala 1734-1739. The main purpose has been twofold; first to investigate the legal process through the various judicial bodies and secondly to analyze the ideas and conceptions about man and society expressed by the authorities and Erik Molin. The theoretical approach has been inspired by the German philosopher Jürgen Habermas? theories concerning the emergence of the bourgeois society and the changing concepts of private and public spheres. The study shows that the diocese of Uppsala regarded Molin's theology as heretic and found that he knowingly had tried to spread his views.

"Vi har ju alla en tårtbit i det hela" - en studie om samverkan i arbetet med hedersrelaterat våld och förtryck

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

HFDs hantering av regelkollision mellan intern rätt och skatteavtal : En analys av RÅ 2010 ref. 112

The OMX-case entailed considerable uncertainty about the relationship between tax treaties and Swedish domestic law. Previous approaches to handle rule conflict between them was put out of action for the first time when an internal rule took precedence over tax treaties. The Greece-case came a few years later where there were hopes that it would be decided in plenary session to return to the view that prevailed before the OMX-case, which did not happen. Instead the Supreme Administrative Court ruled that the tax treaties shall in principle be given preference, but that in exceptional situations tax treaties can be infringed to an internal rule's benefit, so called tax treaty override. Such procedure is acceptable if the legislature gives "clear expression" of the intention of a certain type of income is to be taxed in Sweden, or that a particular new rule applies regardless of the provisions in tax treaties.The purpose of this thesis is to analyze the supreme administrative courts management of rule collision between domestic law and tax treaties in the Greece-case.

Betydelsen av ett moderbolags insyn och kontroll över sitt dotterbolag vid prissättning av koncerninterna lån

Transfer pricing including internal loans have increased in recent years, making it easier for companies to minimize their taxable income. After the Swedish court case Diligentia, there have been discussions regarding the influence of a parent company's transparency and control of the subsidiary with regards to the interest rates on internal loans. In court cases that followed Diligentia, the Swedish Tax Agency argued that a parent company always could be assumed to have sufficient transparency and control of the operations in the subsidiary, and therefore reduce the risk on their debt obligations. This thesis seeks to analyze the effects of the transparency and control a parent company has with regards to interest rates on internal loans. The analysis is conducted by analyzing court cases similar to Diligentia.

Under vilka fo?rutsa?ttningar kan tjänster outsourcade av finansiella bolag undgå merva?rdesskatt? : En studie av praxis med utgångspunkt i SDC-fallet

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

Brott och straff under 1600-talets första del : En komparativ undersökning av Sjuhundra härad och Njurunda härad

The aim of the study was to investigate the crimes and punishments that were commonly occurring between the years 1601-1651, and how the distribution was between men and women represented in the court in district Sjuhundra and Njurunda district. To answer these questions, a quantitative examination of court records conducted in which the crimes and punishments have been categorized. The results that have emerged have been the basis for the conclusions issued in the essay. The results showed that the most common target types were various civil and propertycase and the most common punishments were sentenced to fines and settlements. It was predominantly men who were in the court, the proportion of women was between 13-22%.

Särskild medling i dispositiva tvistemål : Om behovet och bruket av medling, samt dess relation till rättskipningen

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

Vägen bort : En textanalytisk studie av rättsdomar

The intention with the study is to describe the home and life conditions for boys at the age range between 13 to 18 year, who has been under custody according to the § 2 LVU.The empiric is 21 real court cases, judged in Stockholm and to Stockholm counted surround-ings 2006, in which the range of the boys were representative.A text analyze method is used to execute the study. The study penetrates the life situation of the caregiver and how their situation affects the boy and the boys actions.The total conclusion of the study, based on an ecological evolution perspective, is that life-situation of the caregiver affects the boys and the boys actions.The boys are affected negatively by the situation of their caregivers, and according to the study, the boys have established own problems, like difficulties in school, criminality, or other psychological diagnoses. They are also often exposed to physical or psychological violence by the caregiver. Additionally the conclusion is that the caregiver neglect the boys in many other ways, prior themselves and their needs before the boys..

Synnerliga skäl för fortsatt förvar : En analys av förslaget i SOU 2011:17 om att ersätta synnerliga skäl med proportionalitetsprincipen

This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict.  In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case.  The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure.                                                                                                                                            .

1 Nästa sida ->