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Means of evidence in civil process
Navrátilík, Šimon ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
- Means of Evidence in Civil Proceedings The topic of this thesis is means of evidence in civil process. The taking of evidence is the most important part of civil proceedings, and therefore this paper presents its comprehensive summary, together with an overview of the means of evidence available in civil proceedings. This work is divided into three main parts with many subchapters. The first part deals with the process of proving in general. It describes its course, main principles and rules that govern it. Likewise, this section focuses on partial issues in the taking of evidence, such as the standard of evidence or proving negative facts. Last but not least, it deals with the burden to claim and prove facts and their distribution among the parties. The second part deals with evidence expressly provided for in the Code of Civil Procedure. In practice, these means of proof are most often found in court proceedings, and therefore their application is dealt with in a number of texts and court decisions. Nevertheless, this section outlines how the individual evidence has evolved over time. The third part deals with non- regulated evidence in the Code of Civil Procedure. Of these, the most widespread is audio and video recordings whose crucial issue is their admissibility in the light of the right to...
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Selected issues of proving in criminal proceedings
Polanský, Ivo ; Jelínek, Jiří (advisor) ; Galovcová, Ingrid (referee)
1 Abstract This thesis deals in particular with the analysis of the process of presentation of evidence in penal proceedings, its basic principles, as well as the constitutional limitations within which the evidence-making process should be carried out. However, some other questions, especially legal and philosophical ones that are directly related to the presentation of evidence in the penal or legal proceedings cannot be ignored. The chosen topic can undoubtedly be considered to be very topical. This is because the presentation of evidence in penal proceedings is, besides the decision-making process itself, the most important procedural activity carried out by the bodies responsible for penal proceedings and participated by other entities involved in the penal proceedings. The aim of this thesis is to give a brief and comprehensive overview of some specifically selected problems of presentation of evidence in penal proceedings. Naturally, with regard to the chosen topic and its scope, it is not possible to comprehensively process all the areas that are related to the issue of presentation of evidence. Chapter 5, 6 and 7 can be considered crucial to the thesis in question, as they provide, in particular, the analysis of existing evidence-making legislation in penal proceedings. The basic principles of...
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The admissibility of evidence in the Czech criminal proceedings
Zaoralová, Petra ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Říha, Jiří (referee)
This PhD thesis focuses on the admissibility of evidence in criminal proceedings. Appropriate setting of limits of admissibility of illegally obtained evidence in the criminal proceedings is not only regarded as one of the main guaranties of fair justice system, but also represents topical and vital issue which raises number of legal dilemmas. The importance of the topic has been increasing recently as gathering of evidence in criminal proceedings often conflicts with the fundamental rights of individuals that are subject to severe limitation on constitutional and especially international level and that are broadly endangered during the process of collecting evidence. The core of the thesis lies in the in-depth analysis of current legislation, jurisprudence and case law dealing with the issue. Within the framework of that analysis, all of the important and disputed questions relating to the general aspects of admissibility of evidence are examined from the perspective of jurisprudence and case law; the knowledge is enriched with real practical impacts on domestic judicial practice. Special attention is paid to the issues related to the exclusion of illegally obtained evidence from the process of evaluating evidence and forming final decision on the case. The thesis does not overlook the problems...
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Advanced Topics in Plane Geometry
Hajmová, Kateřina ; Štěpánová, Martina (advisor) ; Moravcová, Vlasta (referee)
The aim of this thesis is to introduce a series of knowledge from advanced planimetry, which can be proved using the knowledge of high school geometry. Selected theorems deal with characteristic of squares with a common vertex (Finsler-Hadwiger theorem, Theorem of Four Squares, Bottema's theorem), significant points of plane entities (Gergonne point theorem, Švrček point theorem, Simson's Theorem, Miquel's theorem), Feuerbach's circle and its relation to the Euler's line. In this thesis, there is also mentioned Reim's theorem, Napoleon's theorem, and Thebault's theorem. This thesis contains a lot of illustrations created in the Geogebra Mathematical Software, which are available online in interactive form.
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Geometric Proofs
Hanusová, Tereza ; Štěpánová, Martina (advisor) ; Halas, Zdeněk (referee)
Title: Geometric Proofs Author: Tereza Hanusová Department: Department of Mathematics Education Supervisor: RNDr. Martina Štěpánová, Ph.D., Department of Mathematics Edu- cation Abstract: This Bachelor's thesis treats such proofs of mathematical theorems in which pictures and secondary school geometry play a significant role. Its aim is to promote an unusual approach to theorem proving which enables to literally see the way they function. The proofs described include three categories: figu- rate numbers, polygons and areas of plane figures with curved boundaries. The thesis can be useful to teachers to liven up their secondary school mathematics lessons or to students of maths-oriented programmes to enrich their knowledge by an unusual approach to theorem proving. Keywords: proof, geometry, figurate number, polygon, area of plane figure 1
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Proofs
Hofman, Jakub ; Staněk, Jakub (advisor) ; Rmoutil, Martin (referee)
Title: Proofs Author: Jakub Hofman Department: Department of Mathematics Education Supervisor: RNDr. Jakub Staněk, Ph.D., Department of Mathematics Edu- cation Abstract: This bachelor thesis should clarify the concept of a mathematical proof, briefly describe the individual proof methods and provide examples of proved theorems from various branches of mathematics. Another objective of this thesis is to provide a high school pupil with a study material which with it structure corresponds to mathematical textbooks and lecture notes provided by universities. In the first part of the thesis the basic terms of logic are introduced to the pupil. These are terms a pupil can usually encounter in math classes at school. The knowledge of these terms is essential for understanding the principles of the individual proof methods. The main part of the thesis is focused on explaining the individual proof methods and their application in proving mathematical theorems with di- fficulty appropriate to a pupil of secondary education. The theorems are ordered by the difficulty of their proof; they do not follow from one another nor do they form a coherent mathematical theory as that is not the goal of this thesis. The thesis also contains a list of theorems which a pupil should be ca- pable of proving after being acquainted with...
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Burden of proof in civil procedure
Hübnerová, Daniela ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract The title of the work: Burden of Proof in Civil Procedure The present diploma thesis deals with one of the few subjects, which are topical today, as in the past, in spite of all legislative changes - the burden of proof in the civil procedure. The burden of proof, which is the subject of this work, plays in the process of evidence an irreplaceable role, yet it is still a very underrated topic, which is not, in particular in legal theory, given appropriate attention. Legal theory is not too unified with regard to the burden of proof, the views of different authors on this institute differ. This is a very large, somewhat unclear issue. There are many theories regarding the functioning of the burden of proof and its distribution among the parties. The thesis does not claim to give an exhausting interpretation of this institute, as it is a very extensive issue, and its comprehensive processing would require at least the publication of a book, perhaps several books, but should outline the institute of the burden of proof and its function in the civil procedure. The burden of proof is not clearly defined in the legislation and the theory of burden of proof is very complicated and inconsistent, that is probably why there is a relatively extensive case-law of the courts, which increasingly emphasizes...
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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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