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Expert Evidence in Civil Procedure
Procházková, Kateřina ; Zahradníková, Radka (advisor) ; Střeleček, Tomáš (referee)
65 Expert Evidence in Civil Procedure Abstract Expert evidence is an essential part of the civil process. Its purpose is to help the court in resolving a factual question, the answer to which goes beyond ordinary knowledge. The relevance of the topic is given both by the persistent problems in connection with expert evidence, and the new legislation on the expert activities effective from 1 January 2021. The thesis describes some problematic aspects at various stages of expert opinion proving, as problems related to the assignment of the expert opinion (distinguishing between legal and factual questions), the preparation of the opinion itself (especially its insufficient reviewability) and problems related to its evaluation before the court. The objective of the thesis is to define the main problems associated with expert evidence, to evaluate the impact of the new regulation of expert activities on evidence in court proceedings, to assess whether the regulation of provisions § 127 and § 127a of the Civil Procedure Code is satisfactory, and possibly to propose a solution that would be able to eliminate the defined problems. The first part of the thesis includes an introduction to procedural evidence, deals with the role of the expert and expert opinion in civil proceedings and gives an overview of the most...
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Evidence in civil proceedings and Information technology
Vobořil, Daniel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis deals with the issue of evidence in civil proceedings and evidence closely related to information technology. The importance of this issue constantly intensifies together with the expansion of digitization in social relations. Particular attention is paid to the issue of electronic evidence in a broader sense, its probative value, characteristics, but also to the issue of their imputability to a specific person or authenticity. At the same time, the thesis focuses on the practical aspect of this matter and the way in which the relevant evidence is obtained and taken, especially with regard to the approach and decision-making practice of Czech courts. The overall objective of the thesis is to evaluate current practice and to define basic practical and theoretical issues arising from the specificity of such evidence. It also needed to be pointed out that there are numerous advantages electronic evidence carries, among others, the amount of information it contains. At the same time, the attention is also briefly paid to possible future developments in this area. For this very purpose, the thesis is divided into several parts in order to provide, first and foremost, insight into the general underpinnings of information technology and evidence in civil proceedings. Central to this...
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Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
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Evidence (disclosure) in civil proceedings
Trojan, Tomáš ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...
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Evidence (disclosure) in civil proceedings
Trojan, Tomáš ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
As a topic of my thesis I chose one of the fundamental topics of the civil procedure, because in the evidence in civil proceedings the court gets the grounds for a fair decision in the matter. Although it may seem classical, the topic is still very important because of modern trends and frequent amendments of the Civil Procedure Code. The issues related to evidence procedure are not only interesting, but also essential for practice, because the final judgment relies upon various pleadings of the parties and activity of the court. Due to its extent and significance, the topic cannot be fully covered by one thesis, and thus during elaboration of the thesis I divided it in two sections. The first section examines the general problems connected with evidence in civil proceedings and the second section deals with selected issues of evidence in civil proceedings, respective burdens and phases of the evidence procedure. In the first section I tried to define the term evidence and the subject of the evidence by finding what does and what does not belong therein. This section also addresses identical statements of the parties. Further I focused on institutes that facilitate the evidence in civil proceedings. Among these I examined legal fictions which allow to bring in a decision even where some statements...
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Evidence in civil proceedings
Klimtová, Alena ; Smolík, Petr (advisor) ; Zoulík, František (referee)
Résumé I chose the topic of evidence in civil legal proceedings as I regard the matter not only as very interesting, but also as very significant from the viewpoint of further specialist work. The production of evidence in civil procedural law includes not only activities by the parties when exercising their subjective rights, but also activities by a court, whose task is to ensure just protection of the rights and legitimate interests of the parties. As evidence in civil legal proceedings is a markedly wide-ranging issue, in this work I have limited myself to an explanation of the basic institutions of evidence in civil legal proceedings and have paid more attention to current questions concerning selected means of evidence, the question of imposing the duty to pay an advance on the costs of evidence in the form of an expert report and the question of the production of evidence through questioning of a minor. In chapter one I attempted an analysis of the term evidence and a specification of the subject of evidence from the viewpoint of its positive and negative definition, i.e., in brief what is and what is not the subject of evidence. I also briefly mentioned the issue of community law in connection with the Czech Republic's membership of the European Union. In this chapter it was also necessary to...
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