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Expert witness - psychologist in criminal trial
Kolková, Alžběta ; Čírtková, Ludmila (advisor) ; Konrád, Zdeněk (referee)
anglicky The aim of this diploma is to describe the role of an expert psychologist witness in criminal trial and to define purpose of forensic psychological assessments. It also tries to answer current questions related to the field of psychological expert opinions. The psychological forensic expert witness is appointed in the same way as other legal expert witnesses. That means he has the same rights and obligations as them. The first chapter is therefore devoted to connoisseurship in general. It deals with the historical development of expert witnesses, current applicable legislation and upcoming legislative changes in this area. The second chapter approaches other expert witnesses in court too. It includes number of forensic experts in various fields and compares expert psychologists to psychiatrists, who often provide their opinions alongside psychologists'. The main part of the chapter is left to expert opinions. It clarifies terms such as personality, intellect, memory, motivation and dangerousness of the offender, that are the most commonly evaluated aspects. Conclusion of second chapter summarises the expert opinions in selected EU countries and the USA. The final chapter is devoted to the expert report as evidence in criminal proceedings. In addition to the description of expert witnesses...
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Legal and criminalistic aspects of DNA profiling
Kožina, Jiří ; Musil, Jan (advisor) ; Konrád, Zdeněk (referee)
Legal and criminalistic aspects of DNA profiling - Summary The Thesis deals with DNA profiling, one of the most accurate methods used in recent criminal science to identify individuals. It also deals with the legal aspects of DNA profiling because it raises many important legal questions. The The- sis consists of two parts. The first part is about DNA profiling itself. The history of DNA profiling worldwide and in the Czech Republic is mentioned. The first cases solved with its contribution are described. A very important feature of DNA profiling is that it can be used not only for conviction of offenders but also for acquittal of innocent individu- als. Biological principles of DNA profiling are explained as well as possibilities of its utilization in criminal science, criminal and civil proceedings. The fact that monozy- gotic twins have identical DNA is mentioned as well as some very extraordinary occurrences such as hermaphrodites or another kind of individuals, who have two different DNA. These anomalies can cause problems with interpretation of the results. DNA databases can be used for comparison of many DNA profiles without the necessity to repeat sample analysis. This fact caused the expansion of DNA pro- filing. A special software required for DNA databases is also shortly described. The second...
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Burden of proving in disputes regarding damages
Městecká, Irena ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Thesis title: Burden of proving in disputes regarding damages The issue of providing evidence in disputes regarding damages is a theme involving many questions, whose legislation seems to be questionable in some cases. This aspect is compensated for and supplemented by application practise, which makes the theme continuously relevant. The aim of my diploma thesis is to provide a general, descriptive, and comprehensive interpretation of the specifics of providing evidence in disputes regarding damages. Another objective of this diploma thesis is to demonstrate that it is difficult to gain insight both in theoretical and in practical issues of the burden of proof because the opinions of courts and some of the authors specializing in this issue are different in some cases. The first part deals with the general notion of evidence in the civil procedure. I mention the concept and the subject of evidence and its importance in the civil procedure. I also mention selected legal principles connected with providing evidence. A further focus of this part is on procedural obligations of the parties, especially on the obligation of claims and of the burden of proof. It is based on theoretical concepts by significant authors (especially J. Macur). The burden of proof and the related institutes of providing...
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Legislation in the area of records management, analysis and revision of records management in municipal office of Sušice
Kavalová, Aneta ; Šimůnková, Karolína (advisor) ; Woitschová, Klára (referee)
The aim of the bachelor theses is to provide complete overview of contemporary legislation, directives and methodical manuals which regulate the implementation of records management. The next part is focused on regulations prescribing form of records management in an environment of municipalities with extended scope. One of the sections of the theses will also be practical part focused on analysis of established records management of the municipal office of Sušice and also making or actualization basic methodical manuals and directives according to requirements of contemporary legislation. Key words: public administration, document, record, shredding, archival science
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The Structure of Performance in Snowboardcross and Training
Novák, Emil ; Vomáčko, Ladislav (advisor) ; Brtník, Tomáš (referee)
Title: The Structure of Performance in Snowboardcross and Training Objectives: Aim of the bachelor thesis is to suggest and justify conception of snowboardcross training work record, to attempt answering these questions: what to record, register and evaluate to be able to use all the information in next training cycles of the Olympic discipline Snowboardcross. Methods: We used the interview method to compile all convenient questions in questionnaires. The questionnaire method gave us information about the sport performance structure in snowboardcross. We applied the method of analysis to compare results, the test battery, the anunal work load indicators, the somatic factors and the races results. Results: On the basis of the evoluated data we found that the most important factor in snowboardcross training is technique. This factor depend on somatic factors which must be adapted to condition factors. Psychological factors are specific to each racer and their training must be based on individual needs. . Keywords: Snowboarding, training indicators, sport performance, records, training diary
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Civil disputes between doctor and patient in medical healthcare
Valuš, Antonín ; Macková, Alena (advisor) ; Uhlíř, David (referee) ; Salač, Josef (referee)
Civil disputes between doctor and patient in medical healthcare The issue of civil disputes between doctor and patient in medical healthcare is characterized by a high degree of interdependence of substantive and procedural questions. The main issue here is inequality between doctor and patient in their relationship, which is based more on factual inequality than inequality in rights. The patient as consumer and therefore the weaker party has limited access to relevant information concerning the subject of the relationship between doctor and patient. On the other hand, a doctor is a subject which has in its power almost all the relevant information. As can be seen, for a given relationship is characteristic a high degree of inequality of information. This inequality, which arises in the relationship always, is not sufficiently addressed by the substantive regulation and its effects are present in subsequent court proceedings in the form of an information deficit. Intention of this paper is to present the fundamentals of the relationship between physician and patient, the reasons for the information deficit and its consequences in legal proceedings and ways of its compensation. The aim is to assess whether the current regulation is to ensure equality between doctor and patient with emphasis on the...
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Proving in process of termination and settlement of community property of spouses
Brabencová, Jana ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
Proving in the process of termination and settlement of community property of spouses This thesis deals with the issue of evidence in civil proceedings in the process of termination and settlement of community property of spouses, primarily from the point of view of civil procedural law. However, it is necessary to discuss briefly the issues of civil substantive law. Therefore, Chapter One analyses general questions about community property of spouses as a concept of civil substantive law - the formation, alteration, termination and settlement of community property. The following chapters are listed according to the course of civil proceedings. Chapter Two focuses on the commencement of civil proceedings and the trial. Chapter Three concentrates on evidence. First, it answers some general questions about evidence and then it addresses the issue of evidence specifically in the process of termination and settlement of community property. Next it focuses on the stages and general principles of evidence, on the concept and the subject of proving and on individual means of proof. Subsequently, the thesis scrutinizes the position of the court and the parties to a case in the proving process and deals with the issue of burden of allegation and burden of proof. Furthermore, the chapter summarizes the...
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Registration of real property in Bohemia and Moravia (development of the land registry)
Vachalovský, Martin ; Kindl, Vladimír (advisor) ; Starý, Marek (referee)
The purpose of this study is to explain the development of real estate registration in Bohemia and Moravia from the very beginning belonging to the 11th century to the last stage of development prior to the current arrangements. Thanks to this study should be easier to understand the current treatment of real estate cadastre in all its complexity. Thus, including the principles and tools from which it is based. The whole historical development is no less interesting areas, where the development of real estate registration, always reflect the current major historical events. Some events can interfere with the subject more and some less, but this issue, which is intersecting virtually the entire period of Czech Statehood, can't be investigate without the knowledge of the historical circumstances specific to each developmental period. This study is divided into two chapters. The first chapter deals with public books, which are instruments in which they were written ownership rights to real property for the purpose of ensuring and strengthening the rights of the owner against foreign interference in its ownership. This was for most of its existence almost purely private instrument, but eventually during the Communist regime was associated with the real estate cadastre. This chapter is divided into five...
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Connoisseurship
Křístek, Lukáš ; Gerloch, Aleš (advisor) ; Musil, Jan (referee)
Connoisseurship I conceived my rigorous work as a summary of theoretical information about the connoisseurship in the Czech Republic. I began with the historical development of the connoisseurship in the Czech Republic and found out that the Ministry wants to repeat certain historical errors. I assume that there will be experts among the future readers of this work and, therefore, I also analyze the system of law and the role of experts in procedural law to facilitate understanding of the expert's position in the legal system. Then, I continue with the theoretical concepts of the expert activities, which occurred in the doctrine during the period from the Inquisition processes to the present, including examples of judicial decisions that favor different theoretical concepts. Due to the fact that an expert opinion is considered as evidence, I also deal with evidence from the legal and logical point of view, from which I deduce strategies at the expert opinion's assignment. A substantial part of my work is focused on an expert in person, including his rights, duties, responsibilities and protection. I focus on the expert's appointment and dismissal or another way of termination of expert activities as results from Act No. 444/2011 Coll. I highlight the differences between the expert and other persons...
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The concept of an average consumer in Czech and European law
Kousalová, Martina ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
RESUMÉ The concept of an average consumer in Czech and European law The aim of this diploma thesis called "The concept of an average consumer in Czech and European law" is to describe current trends in conceptualization this term. Methods used in this diploma thesis to achieve the defined objectives are the analysis of Czech and European legislation and both Czech and Communitarian case law. There were used monographic and comparative methods too. The initial part of the thesis describes the terms consumer and the average consumer are affected by secondary Communitarian legislation and case law of the Court of Justice of the European Union as well as by the case law of courts of the European Union members states. Another aim of the diploma thesis is to highlight that the model of average consumer needs to be viewed differently depending on in which area of economic competition it is currently located at. It is subjected to diverse claims in various areas. This was proved by several judicial cases. The function of the model of average consumer is to be a substitute for all consumers. Consumers' protection is provided through this model. As it is important to emphasize, the average consumer is just a model and does not strictly remain a legal person. The case analysis and comparisons led to the definition of...
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