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903 Uppsatser om Abuse of judicial procedure - Sida 1 av 61

"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.                                                                                                                                            .

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.                                                                                                                                            .

Föräldrars missbruk och barnets bästa : en dokumentanalys av LVU-mål

The aim of this essay was to examine how the decision-making in LVU cases are motivated in the judicial decisions. How has the principle of whats in the best interest of the child been noticeable in these judicial decisions and how are the child's needs and the consequences for the child of the drug abuse been described? When the parents have been judged to have given a non acceptable consent, how have they been described and how has the parents described the situation?Our research is of a qualitative nature, a document analysis of judicial decisions in LVU cases. We analyzed eight court cases containing decisions from County Court, Fiscal Court of Appeal and The Supreme Administrative Court.Our results showed that parents were described in the judicial argumentation as negative stereotypes and a picture of unreliability were created. What was best for the child were not expressed in words but woven into the children's needs and in most cases the consequences of the abuse of drugs were not made clear..

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.                                                                                                                                            .

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.                                                                                                                                            .

Judikalisering och demokrati: Lagprövningsrätten i förändring?

In this thesis I examine the development and expansion of judicial power in Sweden. The concept of judicial review is defined and related to democratic theory, and the various forms of judicial review in use in Sweden are explained. The main focus is on the political and scientific discussion concerning judicial review since the mid 1970s. It is shown that judicial review so far has been used only to a limited extent and that the number of court cases has remained quite stable over time. The main cause of judicialization seems to be the supremacy of EU law following the Swedish EU membership in 1995 and the inclusion of the European Convention on Human Rights into Swedish law.

Demokrati och lagprövning - Om rättfärdigandet av en positiv respektive negativ inställning till lagprövning som institution i demokratin

This essay concerns the issue of democracy and judicial review. The main focus is on the justification of both a positive and a negative attitude towards judicial review, and the values these justifications are based on. The analysis is made by textual analysis of four authors with different opinions of the subject matter: Robert Dahl and Jeremy Waldron who has a negative attitude towards judicial review, and Erwin Chemerinsky and Ronald Dworkin who are positive about it. In the analysis an analytic frame is used which consists of different dimensions and aspects of the problem of democracy and judicial review. The study shows that there are important differences in democratic values between a positive and a negative justification of judicial review.

Vad är vanvård? : - En kvantitativ studie om omsorgspersonalens kunskap om och inställning till lex Sarah och vanvård

Media has reported frequently about elder abuse in Sweden during the year of 2011. The authors have found an interest in elder abuse due to the attention about it and the law about the duty to report elder abuse, which is called lex Sarah. The aim was to investigate, due to quantitative method with surveys, the care givers tolerance to elder abuse, attitude and knowledge about lex Sarah. The result of the thesis was analyzed based on two theories, Lipsky?s street-level bureaucracy as well as Svensson?s, Johnsson?s and Laanemets? theory about knowledge.

Vittnens behov av stöd

Syftet med denna studie var att undersöka om vittnen till brott mot person i Örebro län är i behov av stöd innan rättegången. Frågeställningarna som användes var: är vittnen till brott mot person i Örebro län i behov av stöd? Vilken typ av stöd vill dessa vittnen ha? Vilka möjligheter och svårigheter finns för Brottsofferjouren att komma i kontakt med vittnen som är i behov av stöd? Till studien användes en kvalitativ metod bestående av individuella intervjuer och fokusgruppsinspirerade gruppintervjuer med vittnen och vittnesstödjare. Resultatet visade att vittnena är i behov av stöd då det finns en rädsla för repressalier samt en osäkerhet för hur rättsprocessen går till. Stödet som önskas är information om vart stöd finns att få samt vad som händer i rättsprocessen.

Psykiska övergrepp inom äldrevården

Background: Physological abuse consists of threats, harassment, humiliation, telling off, refuse to talk, social isolation, abandonment as well as attitudes that lead to a feeling of insecurity and desperation. Institutional elder abuse is very elusive and an overall picture is still considered missing.Aim: The purpose of this essay was to review psychological abuse within the elderly care.Method: This essay is based on a literature study with systematic search.Result: This article review led to main categories and the result of the study is presented after these. The first ones gives a picture of the kind of psychological abuse that occured within the the elderly care. The second one deals with the possible explanations for psychological abuse within elderly care. The result showed that verbal assault was the most common form of psychological abuse against elderly.

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.

Ekonomiskt utnyttjande av äldre i nära relationer : en kvalitativ studie

The purpose of this study was to inquire how social workers perceive and describe financial abuse of older persons. Six qualitative interviews were carried out and the assembled data was then categorized and analyzed using a theory considering exercise of power and ageism as a theoretical frame. Previous research has shown that at least 10% of older persons have been exposed to some form of abuse or violence; however, there is a lack of research carried out in a Swedish context regarding financial abuse specifically. The six persons interviewed in this study all presented financial abuse as some kind of violence and as previous research has shown the study suggests that this is an increasing problem. Further research ought to be carried out to increase the awareness of this particular form of abuse and to facilitate discovery and development of measures to prevent financial abuse of older persons.

Unga män som har begått sexuella övergrepp : - En studie om orsaker och behandling

Young men who commit sexual abuse is a complex topic. This study is based on litterature on the subject and the material is processed through a qualitative content analysis. The study aims to study how the litterature describes the reasons why young men commit sexual abuse. It also aims to explore what is described to be effective treatment of young men who committed sexual abuse. The study found that most of the young men who commit sexual abuse comes from families where violence and psycohological abuse occurs. Many have themselves been victims of sexual abuse.

Trovärdighetsbedömningen av muntliga utsagor i brottmålsprocessen

In some criminal cases, the only existing evidence is the verbal statement of a witness or the plaintiff. The typical example is an alleged rape where victim and perpetrator have had some kind of relation, and their records of the incident differ. In these cases, the assessment of the value of the evidence drawn from the plaintiff's story is of crucial importance. On the one hand, a false positive judgment means that a person is wrongly convicted, on the other hand, a failure to correctly identify a truthful claim of rape means that a victim of a severe crime is left without judicial remedy. That the prosecutor must prove that the crime is committed by the defendant without reasonable doubt, means that there is much more chance of a failure to convict guilty felons, than of the opposite.In the essay, the rules of criminal procedure directed at the evaluation of the verbal statement are identified and critically evaluated from the perspective of how they may or may not facilitate the judgment of a verbal statement presented before the court, either in person, or through other media such as video.

"...men en berusad kvinna är värre!" En studie om arbetslivets attityder kring mäns och kvinnors missbruk utifrån ett genusperspektiv

Working life is an arena that often reflects attitudes that already exist in our society. When alcohol- and drug abuse is detected among employees the employer has a statutory responsibility for rehabilitation. But the way how these employees gets to be treated is also influenced by attitudes. The purpose of this essay was to illustrate from a gender perspective how women's and men's alcohol- and drug abuse occur in working life and how the attitudes in our society towards their abuse reflect on trade life. Referring that, our intention was also to examine which consequences are given of how the individual is treated.

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