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1511 Uppsatser om The Supreme Administrative Court - Sida 4 av 101
Länsstyrelsen i Uppsala län : En arkivhandledning
The County Administrative Board is an authority with big variations in their work. The fact that the County Administrative Board work with so many different issues makes it difficult for the general public to get an insight in what they do and what kind of archival material they create. This handbook is made to illustrate what the County Administrative Board do and how you can find your way to the archives and its documents, both as an employ and as a public visitor.The Handbook begins with a historical overview of the County Administrative Board, from the 17th century to today, with focus on the County Administrative Board of Uppsala. As the Handbook is made for both employees and for the general public several ways to enter the archives are described.Since the employees at the County Administrative Board of Uppsala have access to the archives them self the Handbook also provides detailed descriptions about how to find the way to the records. These descriptions both explains the way to archives organized in dossier and archives organized in chronological order, both provided at County Administrative Board of Uppsala.All the records that the County Administrative Board of Uppsala has generated though the years are not available in the building of the County Administrative Board but at The National Archive in Uppsala.
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. .
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.
Contra legem och in fraudem legis i svensk och tysk rätt
The legal conception of contra legem derives from Roman law and is translated into "against the law". A decision contra legem arises when the text of law and the legislators purpose of law are disregarded. A paradoxal consequence is that there will always be a decision contra legem, when the text of lawand the legislators purpose of law are contradictory. It is therefore important that decisions contra legem are based on legitimate motives to ensure law and order. In fraudem legis is another legal conception from Roman law and is translated into "evasion of law".
Den rådande tolkningen av samma eller likartad verksamhet : Konsekvenser vid generationsskiften i fåmansföretag
On the 26th of January 2010, The Supreme Administrative Court in Sweden gave five rulings which greatly affect the possibility to keep a close company within a family by transferring the ownership of the company to the next generation. The five rulings concern the interpretation of the prerequisite, same or similar activity, which can be found in section 57, clause 4 of the Swedish Income Tax Act. The prerequisite is fulfilled when an entire or parts of a business is transferred to another close company and the receiving company?s business activity is within the framework of the transferring company?s business activity or when the companies have a similar connection. Depending on which shares that are being evaluated, the prerequisite can refer to both the shares in the receiving or the transferring company. When the prerequisite is fulfilled, a standardized amount of the business income will be taxed as capital gains and the surplus will be taxed as earned income.
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.
Djurförbud : en analys av domar enligt 29 § Djurskyddslagen samt definition av resurs- och funktionskrav
The aim of this study is to with the help of my data, conduct statistic analyses about animal welfare mistakes and scarities, as a preventive measure for the public sector point of view and how farmers handle their animals in these cases, when and how these mistakes and scarities are likely to appear and in this way perhaps manage the existing problems. The aim of using judicial decisions of banning ownership and caretaking of animals according to the 29 § is that this judicial decision is the outermost fortification of animal welfare.
In November 1938 the pro tempore investigator handed over a report with a proposition according the animal welfare legislation. Pro tempore proposed that the court should in some cases, be able to order a person guilty of cruelty against animals to a ban of owning or taking care of animals. This proposal unfortunately was turned down. The question about introduce a ban against owning or taking care of animals into the Swedish animal welfare legislation was again discussed in April 1967 at an interpellation debate in the parliaments second chamber.
Medgivandeutredningar : En kvalitativ studie om handläggares riktlinjer vid bedömningar i medgivandeutredningar vid adoption.
The aim of the study was to gain a deeper understanding of the administrative officials work with assessments in home studies of adoption. To answer the purpose, we chose to focus on the guidelines for administrative official?s assessments in home studies of adoption and what assessment areas that is fundamental to the administrative official?s assessments. The study is structured on the basis of a qualitative approach where we have used semi-structured interviews. We interviewed seven administrative officials in the social services which conducted home studies of adoption.
Slutnurrat för kommunerna? : Räntesnurror ur ett kommunalt perspektiv.
On the 1st of January 2009, a new regulation regarding interest deduction limitations was enforced. The aim was to prevent tax structure with interest deductions in a community of interest. The changes meant that intra-group share transfers, which generates an intra-group loan structure, can lead to borrower losing their right to deduct interest expenses. Except from the main rule two exceptions were also introduced. These eliminates the limitations, and accept the deductibility despite the above conditions.
?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.
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.
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.