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312 Uppsatser om Court - Sida 2 av 21

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.

Citizens United : - en strid mellan yttrandefrihet och politisk jämlikhet?

Modern democracies rest on a foundation of values essential to their prosperity. Two of those values are freedom of speech and political equality. To many, these values appear to coexist effortlessly. However, what this thesis aims to expose are some of the problems that quickly arise when attempts to interpret the values fail.The thesis investigates a specific US Supreme Court ruling called Citizens United. The ruling enabled corporations and unions to use their own treasuries for unlimited independent political expenditures.

Barns delaktighet i frågor om umgängesstöd : en studie av elva tingsrättsdomar

The purpose of this study was to examine children's participation in Court proceedings on supervised visitation and to analyse the descriptions of children in Court verdicts. Eleven verdicts concerning supervised visitation resolved in 2014 were collected from two district Courts in Stockholm County and studied with a qualitative textual analysis. The material was analysed with participation levels influenced by the ladder of participation for children developed by Roger Hart and with the theory of sociology of childhood. Our findings showed that children's opinions were mentioned in eight of the verdicts. In four verdicts the children's will influenced the Courts decisions.

Kodväxling och intersubjektivitet  i tolkmedierade domstolsförhandligar

Reaching shared understanding during Court hearings is a prerequisite to ensure a fair trial and maintaining legal certainty. Every month between 2,000 and 3,000 Court hearings in Sweden make use of interpreters. Interpreter-mediated conversations involve an extra discourse compared to monolingual conversations which increases the risk of misunderstandings.Using methodology of conversation analysis the study explores how bilingualism is expressed during interpreter-mediated Court hearings, at which occasions the Spanish-speaking laymen switch to Swedish and what function the codeswitching fulfills. The study identifies patterns in codeswitching and categorizes them into six different types. Furthermore the ideology of monolingualism in Court is challenged and the advantages and disadvantages of codeswitching is discussed.The analysis concludes that even though certain types of codeswitching lead to delays in the conversation, the interaction is mostly favored by the Spanish-speaking party understanding some Swedish.

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.

LVU i ett genusperspektiv : En kvalitativ studie om tillämpningen av LVU 3§ Lag (1990:52) med särskilda bestämmelser om vård av unga

The aim of the study learn about if the Court assesses boys and girls on an equal basis, or if there are norms of gender constructed in society that appears in the Administrative Court of Appeal. And we want to find out how norms, in this field, are different between boys and girls. We used the judgments of the Administrative Court of Appeal and went through the descriptions of the girls and boys. What basis was used in the judgment of LVU, to do this, we used discourse analysis. We summarized all judgments and then described the outcome of each requirement in LVU, we categorized the results for three requirements, other socially destructive behavior, criminal activity and abuse.

Påståendedoktrinens innebörd och tillämpning i skiljemannarätten : Kompetensfördelningen mellan skiljemän och allmän domstol

A valid arbitration agreement constitutes a bar to Court proceedings as well as a prerequisite for arbitral proceedings. In NJA 2008 p. 406 and NJA 2012 p. 183, the Swedish Supreme Court applied the so-called doctrine of assertion with respect to the issue of whether a dispute should be settled by arbitration or litigation. Prior to these judgments, it was uncertain if the doctrine of assertion was applicable regarding this issue.

?Att sätta barnen före sig själv?? : En argumentationsanalys på Tingsrättens avgöranden i mål om vårdnad 

The aim of this study was to examine the District Court´s argumentations about the children´s best interests in rulings regarding custody of children, and to analyse the argumentation from a gender perspective. Rulings from the District Court from 2012 have been the basis for this study and a qualitative method has been used, argumentations analysis. The study shows that cooperative problems between the parents are the main reason why the District Court finds joint custody to be excluded. There are also argumentation regarding parent´s ability to ensure the children?s safety.

I domen rekonstrueras verkligheten : en dokumentanalys om hur genus reproduceras och upprätthålls i LVU-mål

Title: "In the verdict, reality is reconstructed" - a documentary study of how sex is reproduced in verdicts of LVU-cases.The aim in our study is to see how existing circumstances revolving power between the gender, are contained in Court, through language and differences in the sentences and expressions that are used in the verdicts. In this study we have reviewed verdicts about young people who are taken in to custody care by Lag (1990:52) med särskilda bestämmelser om vård av unga.We have reviewed verdicts from the county administrative Court in Kalmar, from January in 2007 to October in 2008. Through the analysis we have taken into considerations and worked with earlier research and litterateur containing different theoretical approaches to feminism.The result of the study shows, that despite of a neutral law, girls and boys, women and men are judged and treated different, because of their sex. Depending on your sex, you are expected to behave according to norms and values. These norms and values are not the same for girls and boys.

Gruvrätten vid Stora Kopparberget 1641-1682 : en undersökning över rannsakade brott och utdömda straff

The purpose of this essay is to examine and explain how the Swedish mining Court of Stora Kopparberget (the Great Copper Mountain) implemented its judicial legislation between 1641-1682. Questions are asked about which counts of indictments the Court tried, which sentences they handed out, in what quantities and how these results looks in comparison with other contemporary Courts. The index cards of the Court judicial protocols are the primary source of information. The methods are those of quantity- and comparative analysis.The results show that theft of copper ore was the most common crime ransacked by the Court. Other common crimes were (in order): sin of omission, transgression of work directions, fights, slander and disdain, trade of stolen ore, failing appearance in Court etc.Fines were by far the most common sentence followed by shorter imprisonments, gauntlets, loss of right to mine possession, twig beating, loss of work, penal servitude, banishment, ?wooden horse riding? and finally military transcription.

Värdet bakom våldtäkten : En diskursanalys av fyra rättsfall

This paper seeks to explore how victims of crime and defendants are portrayed in sexual assault cases. Lately, more and more voices have been raised in appal against values demonstrated in Court decisions and we?ve seen the implementation of a new sexual assault legislation in attempt to increase people?s sexual integrity. Yet, at the same time, there is still a tremendously low amount of reported sexual assaults that go to trial and even fewer result in conviction. This paper is not an attempt to scrutinize the legal system, but to draw attention to what values are portrayed in sexual assault cases.

Genus i förvaltningsrätten : En diskursanalys av LVM-domar

Gender in Administrative Court of Appeal - A discourse analysis of verdicts concerning compulsory drug treatmentThe purpose of this study was to examine gender discourses that could be identified inverdicts concerning compulsory drug treatment. A discourse analysis was conducted of 46verdicts from an administrative Court of appeal, located in central Sweden. The main findingsof the study was that the descriptions of women, more often than men, are based on factorsother than their addiction, such as appearance and social environment. Men are in all casesdescribed by their addiction and on their own behavior. Women are presented as they riskvulnerability, while men are presented already suffer from vulnerability.

Bundenhet till skiljeklausul vid singularsuccession

The purpose of this thesis is to clarify the grounds upon which an arbitration clause may be binding in the new relationship between the parties after a transfer of rights and/or obligations. The issue is not regulated by law but instead it has been left to the Supreme Court to regulate. In the Emja-case the Swedish Supreme Court left guidance on the issue. The Supreme Court stated that a third party purchaser of a right where the contract includes an arbitration clause shall be bound by the clause. The arbitration clause is only binding to the remaining part of the initial agreement if no special circumstances exist. The binding effect was justified by the reason that a situation where the purchaser but not the remaining part should be bound to the clause was not sought after and the principle through the 27 § of the Swedish debt instruments act..

Etnisk diskriminering- från arbetslivet till Arbetsdomstolen? : En granskning av Arbetsdomstolens praxis gällande etnisk diskriminering

The right to non-discrimination is a fundamental part of human rights. Sweden has enacted legislation which prohibits employers from discriminating or harassing employees and job seekers. Swedish authorities also receive a substantial amount of complaints concerning ethnic discrimination in the workplace every year and there are volumes of research showing structural injustices related to discrimination. Despite these facts few employers have so far been found guilty of discrimination on ethnic grounds in Swedish Courts.This thesis aims to shed lights on and analyse how the Swedish anti-discrimination legislation is utilised in the Swedish Labour Court regarding discrimination and harassment on ethnic grounds. On the basis that very few lawsuits brought on behalf of employees/job seekers have been successful it is hypothesized that there are problems either with the form of the legislation or the assessment of the Court.

Omedelbart omhändertagande : En studie om interimistiska beslut inom LVU med hänsyn till barnets bästa

This study analyzes the Court of appeals work on judging immediate care (6 § LVU) by the child´s best from 10 Court cases. This study has been reviewing 10 Court cases and reviewing the Court of appeals applicable laws in their decisions on interlocutory order within LVU. The material than have been analyzed consists of immediate care of children, and the concept of the best interests derived from the UN Convention on the Rights of the Child.The legal sanctions includes when a state signs a convention, which Sweden has. This means that Sweden is at their disposal to offer all children within its territorial limits, up to 18 years may take part of the rights set down in the Convention of the Rights of the Child. This means that all decisions relating to the individual child, should always be taken with respect to the best interest of the child, when a child for varoius reasons end up in a lawsiut.The concept of the best interest of the child are vague and abstract because it is not clearly defined.

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