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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Chosen relative grounds for dismissal of a Trademark registration
Lajsek, Vladimír ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Vladimír Lajsek: Chosen Relative Grounds for Dismissal of a Trademark Registration This topic is dealing with two chosen relative grounds of dismissal of a trademark registration, particularly with sec. 7 (1) (i) and sec. 7 (1) (j) statute No. 441/2003 Coll. The first part presents a general introduction in the whole issue, as with relative grounds for dismissal of a trademark registration and with proceeding on objections. Afterwards, there is described historical development of these provisions, which helped to their establishing into Czech legal order. The author finds, that these provisions were not established until convergence with the European law. Next parts are focusing on the particular provisions. The chapter about objection to the older copyright contains the role of the Czech Industrial Property Office in the proceedings of author crafts and their authorship. The Office should make its own conclusion in these circumstances, so it is not dependent on the binding decision of a court. In the issue of considering, whether particular mark is or is not an author craft, the author offers his own three-level-test of uniqueness, which is based on summarisation of the former decision-making of the Office. To the issue of the right to sue on grounds of this objection the author concludes, this...
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Theoretical and legal analysis of the lay element in judiciary
Lajsek, Vladimír ; Maršálek, Pavel (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Theoretical and Legal Analysis of Lay Element in Judiciary
Lajsek, Vladimír ; Wintr, Jan (advisor) ; Hapla, Martin (referee) ; Ondřejková, Jana (referee)
Theoretical and Legal Analysis of Lay Element in Judiciary Abstract This work is dealing with the lay element in judiciary. The main emphasis in laid on the institute of lay judges in the Czech legal order. The main goal of the work is to answer the questions whether the lay element in judiciary is still a democratizing component, further if there are fulfilled enough the constitutional conditions of an independent, impartial and statutory judge principle in case of lay judges, whether the democratic or the expert legitimacy may prevail and at last, if the lay element should be preserved in the Czech legal order. In the first chapter, there is described a historical development of the lay element in judiciary. In modern times, it has appeared firstly in the form of jury courts in the Czech lands, more precisely in the Austrian monarchy, after the revolutionary year 1848. Its functioning is illustrated on two famous cases, which were the process with K. H. Borovský and with Leopold Hilsner. On the one hand, these cases show the advantage of participation of lay people into judiciary, as it can serve as correction of the state's despotism. On the other hand, there should come to wrong decisions in the consequence of an easy suggestibility of the public. At the age of the so called First Czechoslovak Republic,...
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Chosen relative grounds for dismissal of a Trademark registration
Lajsek, Vladimír ; Pítra, Vladimír (advisor) ; Růžička, Michal (referee)
Vladimír Lajsek: Chosen Relative Grounds for Dismissal of a Trademark Registration This topic is dealing with two chosen relative grounds of dismissal of a trademark registration, particularly with sec. 7 (1) (i) and sec. 7 (1) (j) statute No. 441/2003 Coll. The first part presents a general introduction in the whole issue, as with relative grounds for dismissal of a trademark registration and with proceeding on objections. Afterwards, there is described historical development of these provisions, which helped to their establishing into Czech legal order. The author finds, that these provisions were not established until convergence with the European law. Next parts are focusing on the particular provisions. The chapter about objection to the older copyright contains the role of the Czech Industrial Property Office in the proceedings of author crafts and their authorship. The Office should make its own conclusion in these circumstances, so it is not dependent on the binding decision of a court. In the issue of considering, whether particular mark is or is not an author craft, the author offers his own three-level-test of uniqueness, which is based on summarisation of the former decision-making of the Office. To the issue of the right to sue on grounds of this objection the author concludes, this...
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