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This article is devoted to the problem of delimitation and correlation of civil and administrative manners of proceeding. The purpose of the research is to define clear criteria to delimit the civil and administrative legal proceedings to increase the efficiency of civil and administrative legislation regulations when solving disputes connected with the violation of rights, liberties and legitimate interests of an individual. The said is based on the hypothesis that the scope of public-administrative relations is wider than the scope of relations that are governed by the norms of administrative law. Classification problem in the study is considered in the context of defining proceeding manners (administrative or civil). Besides, the cases of courts of general jurisdiction have served as a research base. The author suggests some criteria models for delimiting administrative and civil court proceedings by the legal classification between the parties as well as by the suit character of stated claims. The latter in the future might lead to the formation of new, more accurate methods of applying administrative norms and a reduction in the number of precedents for incorrect proceedings. Ta prispevek se posveča problemu razmejitve in korelacije civilnih in upravnih postopkov. Cilj raziskave je opredeliti jasna merila za razmejitev civilnih in upravnih sodnih postopkov z namenom izboljšanja učinkovitosti civilnih in upravnih zakonodajnih uredb pri reševanju sporov, povezanih s kršenjem pravic, svoboščin in zakonitih interesov posameznikov. Raziskava temelji na hipotezi, da je obseg odnosov v javni upravi širši od obsega odnosov, ki jih urejajo norme upravnega prava. Problem klasifikacije v študiji je obravnavan v kontekstu opredelitve vrste postopkov (upravnih ali civilnih). Pri tem so nam primeri s sodišč splošne pristojnosti služili kot raziskovalna baza. Avtorica predlaga nekaj modelov meril za razmejitev upravnih in civilnih sodnih postopkov na podlagi pravne klasifikacije med stranmi v postopku, kot tudi na podlagi značaja tožbe podanih zahtevkov. Slednje bi v prihodnosti lahko vodilo k oblikovanju novih, bolj natančnih metod uporabe upravnih norm, in k zmanjšanju števila precedensov za nepravilne postopke.

The rate of erroneous conviction of innocent criminal defendants is often described as not merely unknown but unknowable. There is no systematic method to determine the accuracy of a criminal conviction; if there were, these errors would not occur in the first place. As a result, very few false convictions are ever discovered, and those that are discovered are not representative of the group as a whole. In the United States, however, a high proportion of false convictions that do come to light and produce exonerations are concentrated among the tiny minority of cases in which defendants are sentenced to death. This makes it possible to use data on death row exonerations to estimate the overall rate of false conviction among death sentences. The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution, but most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply. We use survival analysis to model this effect, and estimate that if all death-sentenced defendants remained under sentence of death indefinitely, at least 4.1% would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.

One goal of statistical privacy research is to construct a data release mechanism that protects individual privacy while preserving information content. An example is a random mechanism that takes an input database X and outputs a random database Z according to a distribution Q n (⋅|X). Differential privacy is a particular privacy requirement developed by computer scientists in which Q n (⋅|X) is required to be insensitive to changes in one data point in X. This makes it difficult to infer from Z whether a given individual is in the original database X. We consider differential privacy from a statistical perspective. We consider several data-release mechanisms that satisfy the differential privacy requirement. We show that it is useful to compare these schemes by computing the rate of convergence of distributions and densities constructed from the released data. We study a general privacy method, called the exponential mechanism, introduced by McSherry and Talwar (2007). We show that the accuracy of this method is intimately linked to the rate at which the probability that the empirical distribution concentrates in a small ball around the true distribution.

Modern liberal democracies typically depend on courts with the power of constitutional review to ensure that elected officials do not breach their constitutional obligations. The efficacy of this review, however, can depend on the public observing such breaches. One resource available to many of the world's constitutional courts to influence the public's ability to do so is public oral hearings. Drawing on the comparative judicial literature on separation of powers, public awareness, and noncompliance, I develop a formal model of public oral hearings. The model provides empirical implications for when a court will hold public oral hearings and how hearings correspond to a court's willingness to rule against elected officials. An empirical analysis of hearings at the German Constitutional Court supports the model's prediction that courts use hearings as a resource to address potential noncompliance.

The expert witness in legal proceedings is both a historically necessary part of modern legal proceedings in a society increasingly influenced by science and technology, and a much maligned figure often accused of purporting 'junk science' and of acting as an ethically empty mercenary. While much of the social action that attempts these various subjectifications is done outside of courtrooms, this article takes as its object verbal interaction in actual court proceedings that involve an expert witness. The study takes a combined conversation analytic (specifically, nonsequential, or membership categorization analyses) and discourse analytic (specifically post-structural) perspective. Findings focus on the particular use of categorizations by lawyers, judges and the expert witness in terms of rules of the law and of relevant science in the process of court proceedings and the way those categorizations are then used in subsequent court activities and decisions.

We quantify the effect of recourse on default and find that recourse affects default by lowering the borrower's sensitivity to negative equity. At the mean value of the default option for defaulted loans, borrowers are 30% more likely to default in non-recourse states. Furthermore, for homes appraised at $500,000 to $750,000, borrowers are twice as likely to default in non-recourse states. We also find that defaults are more likely to occur through a lender-friendly procedure, such as a deed in lieu, in states that allow deficiency judgments. We find no evidence that mortgage interest rates are lower in recourse states.

Background and objective To improve the currently low conviction rate in cases of child abuse a forensic examination center for children and adolescents (FOKUS) was established in Vienna, Austria. Besides a state of the art treatment combined with forensic documentation, one of FOKUS’ key goals is to identify potential areas for improvements within the process legal proceedings in cases of child abuse through constant scientific monitoring. The accompanying study at hand includes all patients referred to FOKUS within a two year timeframe ( n  = 233), monitoring their progression from first contact with the medical professionals from FOKUS to the end of criminal proceedings. A detailed analysis of case files was performed in those cases that were reported to the legal authorities by the clinicians of FOKUS ( n  = 87). Aim of the study is to investigate which factors contribute to the initiation of legal proceedings and a successful conviction. Results Multivariate logistic regression analyses showed that main proceedings were opened more often in cases where the offender was an adult ( p  < 0.001) or admitted his guilt ( p  < 0.001) and if digital traces were available ( p  = 0.001) or trial support ( p  = 0.024) present. Furthermore, the combined occurrence of medical documentation and victim disclosure was related to a higher probability of opening main trials. Conclusion These findings underline how challenging the successful persecution of an offender in cases of child abuse is.

Online virtual worlds, electronic environments where people can work and interact in a somewhat realistic manner, have great potential as sites for research in the social, behavioral, and economic sciences, as well as in human-centered computer science. This article uses Second Life and World of Warcraft as two very different examples of current virtual worlds that foreshadow future developments, introducing a number of research methodologies that scientists are now exploring, including formal experimentation, observational ethnography, and quantitative analysis of economic markets or social networks.

Practice shows that in the interaction process, individual participants in economic relations may deliberately not comply with legal norms, thus violating the rights of other entities. This leads to disputes, for the resolution of which the parties go to court and law enforcement agencies. In this regard, law enforcement agencies need an effective tool for verifying accounting data to detect and prevent crimes in the economic and legal sphere. The article's purpose is to substantiate the practicality of using accounting expertise to verify accounting data in legal proceedings. It has been established that the modern practice of forensic accounting expertise is a synthesis of legal and forensic concepts and in practice – methods and techniques. Since all business transactions are reflected in accounting, accounting data is the object of the study of offences of an economic nature. Accounting data are studied to identify traces of economic offences. Thus, law enforcement agencies must have knowledge of economics, accounting, economic control, which are specific to them. An examination carried out during the investigation of a civil or criminal case, when the determination of their circumstances requires special knowledge, acquires procedural features and means, in fact, an investigative action. The main task of accounting expertise is to verify the accounting data provided for research and to establish inconsistencies and contradictions in them, which in practice is proof of the disclosure of economic offences. When considering offences in the economic direction, such an accounting function as the legal protection of business entities is used.

Currently, the problem of corporate disputes between Kazakh companies, as well as disputes with the participation of foreign investors is topical. The article is devoted to consideration of the legal nature of corporate disputes, delineation of such concepts as ʼcorporate conflictʼ, ʼconflict of interestsʼ, ʼeconomic disputeʼ. The author analyzes the history of the origin of corporate conflicts, considers ways of resolving corporate conflicts, both in judicial and extrajudicial order, including with the help of a modern institution of mediation. Thus, the main objective of the study is the legal regulation of corporate legal relations in joint-stock companies in the Republic of Kazakhstan, including in the field of the emergence and resolution of corporate conflicts involving various subjects.