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Hearing in the civil proceedings in the Czech republic an the USA
Kocumová, Zora ; Holčapek, Tomáš (advisor) ; Dvořák, Bohumil (referee)
Hearing in the civil proceedings in the Czech Republic and the USA This thesis focuses on the regulation of litigation in civil procedural law in the Czech Republic and the United States of America, describing the two and comparing them based on the gained knowledge about them. The first chapter is devoted to the general regulation of civil procedural law in both countries so that the terminology explained can be followed up with an interpretation. The similarities in the regulation of the basics of procedural law are mentioned, as well as the differences concerning, in particular, the existence of a two-track court system in the United States and the composition of the court, where the decision-making element of the jury, which is encountered in the legislation in the United States, plays a large role. The second chapter is devoted to the hearing of the case itself, either without or with an oral hearing. Greater attention is then given to the conduct of the hearing itself in both arrangements, including its preparation, opening, evidence, concentration and briefing, adjournment, and, last but not least, the announcement of the decision. The third chapter focuses on the comparison of the Czech and American regulations and the possibilities of their mutual improvement. The third chapter then...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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Hearing in Contentious Procedure
Kolodrubcová, Anna ; Sedláček, Miroslav (advisor) ; Frintová, Dita (referee)
1 Hearing in Contentious Procedure Abstract This rigorous thesis deals with a hearing as a key phase of a contentious procedure in which the presiding judge, in cooperation with the parties, takes evidence and undertakes other appropriate measures in order to ensure complete and fair hearing without undue delay in the proceedings. The primary aim of this rigorous thesis is to describe the course of a hearing in the contentious procedure, as well as to analyse its legal basis governed by the provisions of § 115 et seq. of Act No. 99/1963 Coll., Code of Civil Procedure, as amended. For the sake of clarity, the text of this rigorous thesis is divided into five parts marked with letters A to E, which then contain 11 chapters. Firstly, the essential concepts are defined in Part A. The concept of "contentious procedure" is defined, its parties and their adversarial positions are introduced, their procedural initiative is described, as well as the function of the contentious procedure itself. Subsequently, the key concept of a "hearing" and its purpose is defined. Part B outlines the fundamental principles of the civil procedure, in particular the adversarial principle, according to which the parties to the proceedings have the right to comment on all facts and all evidence; the principle of public hearing which...
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Position of a judge during evidence proceeding in contentious procedure with regard to the practice
Tajovská, Ludmila ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The main goal of this master's degree thesis is to provide information about position of a judge during evidence proceeding in contentious procedure with special focus on production of evidence. In the text I often use particular decisions of the Constitutional Court of the Czech Republic and the Supreme Court of the Czech Republic to demonstrate how theoretical legal institutes are applied in practice. I have decided to choose this topic because I am very interested in judge's profession and its practical aspects especially within evidence proceeding. More reasons for my research are stated in the very first introductory part of my theses. The whole theses is composed of three parts and each of them dealing with different sides of evidence proceeding or position of a judge within the meaning of his rights, duties, activity and also responsibility. Part One generally characterizes evidence proceeding and it makes the foundation for following part that is focused on partial phase of evidence proceeding (i.e. production of evidence). This part is divided into four chapters. The first chapter describes contentious and non-contentious procedure and also gives an explanation of main distinctions between these concepts. The second chapter concerns with basic principles of justice and civil procedure. The...
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