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324 Uppsatser om Supreme Court - Sida 18 av 22
If there is violence, there is resistance.
This thesis is a discourse analysis of six rape trials, with the intention to analyze how the plaintiffs?? resistance is described. The overall aim is to investigate whether there are forms of resistance that the courts find more desirable and if there are any rules for how resistance should manifest itself. I will also investigate how the rape is itself described by the plaintiff and courts, respectively. I will analyze how this affects the understanding and attitude toward what has happened.
"Det blir fällande dom i Hovrätten grabbar" : En fallstudie om Dagens Nyheters och Expressens rapportering kring våldtäktsfallet med de två så kallade Stureplansprofilerna
In our case study we investigate how media chose to illuminate the process of court proceedings concerning a one specific rape case in Sweden during the spring and autumn 2007. For our study we have chosen to investigate two Swedish daily newspapers, one known to be a serious morning newspaper, Dagens Nyheter, and the other an evening tabloid newspaper Expressen. We would like to see whether the reports of the trial diverge and if that is, how they differ.The rape took place in Stockholm?s posh area named Stureplan in March 2007. The two men 21 and 25 years old, accused for the crime were acquitted after the first instance.
Generalklausulens fjärde punkt i Lag (1995:575) mot skatteflykt : I ljuset av Peru-upplägget
The taxation of various kinds of income which Sweden requires taxpayers to pay results in people undertaking sophisticated tax schemes to avoid paying tax . As a result of this Sweden had to develop its tax laws and insert a general clause in the legislation because the legislator wanted a more preventive effect. This preventive effect results in that the clause is applicable to more various types of tax situations. The clause, found in § 2 law (1995:575) against tax treaty override, states four requisites that must be met for a procedure to be considered tax treaty override. The relevant point for this paper is the fourth item which created interpretation problems among courts.
Yttrandefrihet kontra lojalitetsplikt : Vilken princip väger tyngst när det kommer till kritiska uttalanden om arbetsgivaren via sociala medier
In this paper, the legal situation regarding freedom of expression versus the duty of loyalty is investigated, this in a context where an employee makes critical statements about his employer through social media.The duty of loyalty is a part of all employment relationships and it follows implicit from the contract regardless of whether it is specified in it or not. This duty means that an employee is required to put the employer's interests before his own and avoid all situations that end up in collision of the duties. The employee may no t either act in such a way that is intended to harm the employer. This means that the employee must be even off duty careful not to appear disloyal to the employer. This may lead to that a status update on Facebook, even when made on the employee's free time, can be regarded as disloyal conduct, with the dismissal or disciplinary action as a result.Case law states that the point of departure regarding criticizing the employer must be that the employee has an extensive such a possibility to that, without that being considered as disloyal conduct.
Det svenska spelmonopolet : Sätter EG-rätten stopp för statens kassako?
AbstractThe subject for this thesis is the Swedish gaming monopoly. This thesis describes the Swedish legislation that regulates the market for gaming in Sweden. The European legislation is also explained in the thesis; both the rules in the EC treaty and the rulings made by the EC court of justice (ECJ). The purpose with this is to see if the Swedish legislation can be upheld considering the rules set up by EC law. The second part of the thesis is focused on the actuality of the problem and the future possibilities for the regulation.
DEN GODA MARKNADSFÖRINGEN
The term ?good marketing practice? in the 4 § 1 section Swedish marketing law (Marknadsföringslagen 1995:450) has a wide meaning. Besides 5-13 d §§ and 17 §, the term also covers other non legal rules. The essay intends to define the legal meaning of the term as well as examine how it is experienced of laymen in the area. According to 1 § Swedish Marketing law aims to protect business men and consumers from unjustified marketing.
Tillämpningen av positiv särbehandling : På grund av kön och etnicitet
Directive 2006/54/EG from the European Union concerns the equal rights between men and woman and the principle of equal rights. The purpose of the directive is that the member states provide the equal rights between men and woman. Affirmative action is one exception from the principle of equal rights which is settled in directive 2006/54/EG, article 3. The purpose for the affirmative action must be to encourage the equal rights between men and women.EU has specific criteria to use affirmative action, which is created by praxis of the Court of Justice of the European Union. These criteria are that the affirmative action must involve an objective assessment, there must be equal qualifications between the person which is affirmative action and the person who is not, the positive action cannot be automatically decisive and this special treatment should be proportionate to the purpose.
Skönhetsvård : -En tjänst som hamnar utanför konsumenttjänstlagen ?
AbstractThis essay is about what rights that a consumer has, after it?s been to a beauty-shop getting a treatment somewhere on her body. We were interested to see what kind of regulations that could be useful if a problem occurred after or during treatment. There are several risks with these treatments.The last decade these kinds of treatments have increased, due to people being vain and so aware about there looks. We started to investigate what type of rights the consumer generally has when it?s about a service.
Otydliga rekvisit i BrB 4 kap. 1 a § om människohandel : Tolkningsproblem i frågan om kontroll och otillbörliga medel
The thesis will discuss the interpretations of the two requisites; Control and improper means in the paragraph concerning trafficking in human beings, who can be find in the Swedish penal code chapter 4, section. 1 a. This paragraph is worded in a way that indicates that the paragraph is misinterpreted and that it is therefore hard to proof that the present requisites have been used or fulfilled. However, Sweden has by accepting international legal framework committed itself to do anything in its power to prevent, suppress and punish trafficking in persons. The interpretation of the paragraph has shown that the difficulties have mainly depended of its indistinct formula.A new review published in April 2008 shows that the paragraph should be afforded a new wording, and therefore contain new requisites.
Irländska kvinnor vid the Old Bailey : Synen på irländska kvinnliga förbrytare i London 1674-1900
The Irish immigrants have been an important part of London throughout the centuries. Their presence can be found from the 17th century and onwards. Initially occupied as seasonal workers in agrarian fields the Irish later found alternative ways of supporting themselves as the Industrial Revolution transformed the whole of England. Despite their vital importance to the construction of what was to be known as "the modern Babylon" the Irish have been victims of both social prejudice and maltreatment. Some historians have imposed a comparison between the Irish in England and the African slaves in the United States.
Allmänna rättsprincipers framväxt och påverkan inom EU - En uppsats om principerna med fokus på proportionalitet, rätten till försvar och offentlighet
General principles of law can be defined as a legal foundation with the function of codifying basic values. They can also be of a character, which makes them useful as supplement and interpretation of law. EU has developed principles of law that can be divided into general and special. Within the Union there are existences of around twenty general ones. A further separation can be made in terms of institutional and individual.
Etnisk strukturell diskriminering i arbetslivet : när ditt namn väger tyngre än dina meriter.
The situation on the Swedish labour market is different in opportunities whether you are a native Swede or someone who has a foreign background. People with foreign backgrounds tend to have lower wages, higher rate of unemployment and often have temporary employment contracts. There is a conception that the Swedish culture is the standard and other foreign cultures are abnormal and different. The purpose of this study has been to investigate why there is discrimination on the labour market against ethnic minorities and how the Swedish history has contributed to the structural ethnic discrimination that we are struggling with. I have been using the right dogmatic method and a social science perspective as complement in order to answer the purpose.
Arbetstidsdirektivet och arbetstidslagen - En utredande studie
Sweden is a member of the European Union since 1995. The European Union issues directives that cover different areas. Member states must implement these directives into their national legislation. The European council issued in 1993 a directive that took action on the organization of working time, also known as the working time directive. The full name is: Council directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time.
Var går gränsen? : Om sexuella trakasserier i arbetslivet
The purpose of this study is to investigate how the legal protection against sexual harassment at work functions, and where to draw the line. The study is limited to focus on the sexual harassment directed at women from men, because it usually occurs that way even though only a few report the incidents. The results are discussed from a gender perspective on how the distribution of power is between men and women as a way to explain sexual harassment.Sexual harassment is currently protected by the discrimination law and the EU principle of equal treatment for men and women. For a behavior to be considered as sexual harassment it has to be unwanted by the receiving party and the person practicing the harassments must be aware that the behavior is perceived as offensive. The behavior shall be of a sexual nature and contribute to a disadvantage for the victim in the form of a violation of that persons integrity.It is the victim that determines whether the behavior is perceived as sexual harassment or not, what one person believes is a friendly behavior may be perceived as offensive by another.
Religionsutövning i arbetslivet : Ett nyanserat perspektiv på hur religiösa intressen kan tillvaratas på den svenska arbetsmarknaden
The aim of this essay is to investigate how a demarcation is made between employees? right to religious freedom next to employers? interest in running their enterprise in an efficient way. Case law shows that the Arrowsmith-principle forum internum and forum externum could be used when a demarcation has to be made. Furthermore, case law shows that that the employee?when accepting a contract of employment?have accepted certain restrictions of his or her religious freedom.