|
|
Legal Context of Nightime Road Accidents with Pedestrians
Daněk, Vladimír ; Bradáč, Albert (referee) ; Semela, Marek (advisor)
The thesis „Legal Context of Night-time Road Accidents with Pedestrian „deals with the interpretation of legal decisions on traffic accidents caused by the vehicle during the night and where the other participant was a pedestrian. The main aim of this thesis is to find the established limits for the assessing of blame in comparable accident situations in cases of traffic accidents of the vehicle and the pedestrian at the reduced visibility with emphasis on the assessing in relation to the circumstances of the cases from the technical and legal point of view and in relation to the health consequences. Legal interpretations of the law are defined within the theoretical part of the thesis with emphasis on the ones which appear repeatedly in the judicial decisions. Approximately 1530 judicial decisions were studied and analysed in the analytical part, of which 56 were selected, that corresponds to the requirements of this thesis. There are also 5 expert evidences provided by the Institute of Forensic Engineering of Brno University of Technology. In the above mentioned cases there were defined the limits for the assessing of accidents based on which the judicial decision was predicted in context with the defined established limits for the judicial decisions at the top of the court hierarchy.
|
|
|
Circumstances and Legal Consequences of Daytime Road Accidents with Pedestrians
Rožková, Magdaléna ; Tylšar, Vladimír (referee) ; Semela, Marek (advisor)
The diploma thesis „Circumstances and Legal Consequences of Daytime Road Accidents with Pedestrian“ deals with the interpretation of legal decisions on traffic accidents causes by the vehicle during the day and where the other participant was a pedestrian. The main aim of this work is to find the established limits for the assessment of fault in comparable accident situations. Basic concepts, as a traffic accident, participants of traffic accidents and the position of an expert in the criminal proceedings, are defined within the theoretical part of the thesis. It also deals with the biomechanical aspects of a pedestrian – vehicle collision and the violation of specific regulations. Approximately 1,530 judical decisions were studied and analyzed in the analytical part, of which 40 were selected, that correspond to the requirements of this thesis. In the analytical part there are also 4 expert opinions provided by the Institute of Forensic Engineering of Brno University of Technology, where the above – mentioned limits for the assessment of accidents were applied, as well as the decision according to the jurisdiction.
|
|
|
Interpretation of traffic accident analysis results in relation to related legal decisions
Běloušková, Kristina ; Tylšar, Vladimír (referee) ; Semela, Marek (advisor)
The diploma thesis titled Interpretation of traffic accident analysis results in relation to related legal decision deals with the interpretation of legal decisions accidents with not giving right of way. The main goal of this thesis is to find an established line for assessing culpability for comparable accident situations. Before the analysis of the 230 court rulings measurement is performed to estimate the distance an speed, because it is closely connected with right of way. In the context of theoretical part is characterized by a right of way, an expert in criminal proceedings, the road traffic regulations, penalties and the factors that influence us while driving. The analytical part draws on 230 court rulings and 5 expert opinions provided by the Institute of Forensic Engineering of the Technical University in Brno. Conclusion of the analytical part an established threshold for assessing culpability for comparable accident situations is found.
|
|
|
Hospodářská a majetková trestná činnost v lesním hospodářství
Drápelová, Tereza
The bachelor thesis deals with economic and property crime in forestry. The thesis will be solved on the basis of analysis and subsequent synthesis of case law dealing with forestry crimes according to the most frequently identified types of crimes. The issue will be put into practice, when a questionnaire will be sent to the Ministry of Justice of the Czech Republic and also to individual forest enterprises and commercial companies, so that the thesis can also work with these answers. The draft part will also include a possible modification of the methodology for recording statistics on crimes in forestry.
|
|
|
Differences in legal status of same-sex marriage between selected US states: California, Texas, Florida
Hodboď, Dominik ; Anděl, Petr (advisor) ; Kozák, Kryštof (referee)
This thesis deals with the issue of same-sex marriage in California, Texas and Florida. Gay marriages is a very hot topic nowadays in the US. After the Supreme Court decision in June 2013, which struck down a law that explicitly defined marriage as a union only between a man and a woman, ensued a wave of states legalizing gay marriages. After another Supreme Court decision in October 2014 on the issue, it became legal in the majority of US states to wed couples of the same gender. Texas and Florida did not join these states. California on the contrary legalized same-sex marriages. The thesis searches for reasons of this disparity in legal status of gay marriages between the three states. Particularly it looks at political aspects of the issue. The thesis describes the political situation in the examined states and approach of the politicians to the question of same-sex marriages. It also deals with relevant court cases which are essential to the issue. From the researched outcomes it finds reasons for differences in legal status of same-sex marriages between California, Texas and Florida before the October 2014 Supreme Court decision.
|
|
|
Crime of fraud, credit and loan fraud pursuant to section 209, 210, 211 and 212 of the Criminal Code
Votava, Petr ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
Crime of fraud, credit and loan fraud pursuant to section 209,210, 211 and 212 of the Criminal Code Criminal code, No. 40/2009 Coll., contains the criminal offence of a fraud (Section 209) and it's special cases such as the insurance (Section 210), loan (Section 211) and subsidy fraud (Section 212), in total of four separate offences dealing with fraudulent deliquency. The author of the thesis deals with the characterization of facts of fraud. Property fraud (Section 209) is a damage crime, but the special forms of fraud have features of pre-accomplished crime (preparation of crime). Fraudster's criminal liability for insurance, loan or subsidy fraud is rather larger than criminal liability for general type of fraud. Analysis of the judicial decisions of the Supreme Court and the Constitutional Court of the Czech republic is one part of the diploma thesis. From the results of the analysis the author concludes that there is a personal criminal liability for fraud when the perpetrator sues for a fake debt. This kind of deceptive activity is an attempt of crime of the fraud. The difference between special type of fraud (insurance, loan or subsidy Sec. 210 - 212 Criminal code) and general fraud (Sec. 209 Criminal code) is evident also in the level of evidence. Culpability of fraud must comprise of the intent to...
|
|
|
Costs of civil trial proceedings
Konůpková, Simona ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
The thesis focuses on the costs of civil trial proceedings. The topic of the thesis is up to date and very important. My objective is to provide a description of the current legal regulations of costs of civil trial proceedings with a focus on problems in practise. This thesis refers to many actual case laws. I also used my own experiences gained at the law firm as well as at the court where I worked for more than 3 years. The thesis is aimed onto 2 main parts - existing legal regulation and future legal regulation. The first part is devided into 8 chapters that explain in detail the provision from 137 to 151 of Civil Procedure Code (Act no. 99/1963 Coll.) and others important legislation. The first chapter explains the concept of the costs of civil trial proceedings. The second chapter describes the individual types of costs. The list of the costs is illustrated and consists of expenditures of participants and their representatives, including court fees, lost earnings of participant and their legal representatives, costs of evidence, interpretation costs, compensation for value addes tax, representation fees and mediator's remuneration. The third chapter deals with the exemption from court fees. This is the way how parties can apply their right to acces the court. The next chapter explains the...
|
|
|
Legal Context of Nightime Road Accidents with Pedestrians
Daněk, Vladimír ; Bradáč, Albert (referee) ; Semela, Marek (advisor)
The thesis „Legal Context of Night-time Road Accidents with Pedestrian „deals with the interpretation of legal decisions on traffic accidents caused by the vehicle during the night and where the other participant was a pedestrian. The main aim of this thesis is to find the established limits for the assessing of blame in comparable accident situations in cases of traffic accidents of the vehicle and the pedestrian at the reduced visibility with emphasis on the assessing in relation to the circumstances of the cases from the technical and legal point of view and in relation to the health consequences. Legal interpretations of the law are defined within the theoretical part of the thesis with emphasis on the ones which appear repeatedly in the judicial decisions. Approximately 1530 judicial decisions were studied and analysed in the analytical part, of which 56 were selected, that corresponds to the requirements of this thesis. There are also 5 expert evidences provided by the Institute of Forensic Engineering of Brno University of Technology. In the above mentioned cases there were defined the limits for the assessing of accidents based on which the judicial decision was predicted in context with the defined established limits for the judicial decisions at the top of the court hierarchy.
|
|
|
What is Binding in a Judicial Decision? (Czech-English Coomparison)
Novák, Luděk ; Kühn, Zdeněk (advisor) ; Tryzna, Jan (referee)
What is Binding in a Judicial Decision? (Czech-English Comparison) The aim of my thesis is to answer the question what is binding in judicial decision in Czech-English comparison. It thus deals with the issue of bind- ingness of the judicial decision and also, which part of the decision constiň tutes its binding element in the Czech law and in the law of England and Wales. The initial impulse was given by the fact that in judicial decisions of Czech highest courts there relatively often appear terms which originally come from common law systems. Therefore I try to compare the role which judicial decisions play in the civil law and common law in general and then more in detail in the Czech law and the law of England and Wales. The thesis is composed of eight chapters. Introductory Chapter states reasons for the choice of topic, aims and the method of research. Chapter Two examines the role of judicial decisions in civil law and consists of two subchapters. Subchapter One deals with the history of the role of judicial de- cisions. Subchapter Two then considers the significance and the normative force of judicial decisions at the present time. Chapter Three on the other hand examines role of judicial decisions in English common law and also consists of two subchapters. Subchapter One concisely...
|
|
|
The municipality as a public guardian
Kapičková, Kateřina ; Dobiášová, Karolína (advisor) ; Angelovská, Olga (referee)
Dissertation deal with custodianship of adult persons who are, on the ground of court order, limited their own no legal competention. The main purpose is to describe and explain institutional care adjustment to persons who are limited their legal capacity, and thus give an explanation of public custodianship in the Czech Republic. Custodianship of adult person is set in Civil Code, num. 89/2012, which has brought changes into assessment of legal competention of adult persons. In case, there is no family member who is able to care of no legal competention person, the court enact the village, where is person's permanet address, to be his carer. Public custodianship legislation has been missing up to now, the only document that has been given to help self -government clerks is methodical manual. Besides describing no legal competention care of persons in ny dissertation, I engage in identification problems and putting public custodianship into practise. I identify daily problems of administration workers relating to public custodianship. In empirical part, using qualitative form of research, I interview workers in Liberec district, who work in area of local custodianship.
|
guest ::
