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Describing the Civil Judgments Based on the Presence and Absence of the Parties Under the Jordanian Law
Get PDFلقد واكب تطور نظام العدالة من العدالة الخاصة وصولا للعدالة العامة، تطور مواز هو التطور في فكرة الحضور والغياب ذاتها وبالتالي تطور أساليب معالجة الاشكالية الناجمة عن الغياب أمام القضاء الحقوقي، وهو تطور مستمد من فكرة أساسية وهي أن الدعوى متى رفعت فعلى المحكمة الفصل فيها ولو تخلف بعض الخصوم. وقد تناولت هذه الدراسة جانبا من معالجة هذه الإشكالية وهي (وصف الحكم الحقوقي على أساس حضور الأطراف وغيابهم).
إن مفهوم الحضور في القانون الأردني يقوم على معيار واحد وهو حضور الخصم شخصيا أو بواسطة وكيل ومن ثم تثبت حالة الغياب حين يتخلف الخصم أو وكيله عن الحضور. ولأن لكل من حالتي الحضور والغياب انعكاساتها على وصف الحكم والآثار القانونية لهذا الوصف فقد جاء هذا الموضوع ليسلط الضوء على الضوابط القانونية لهذا الوصف والآثار القانونية المترتبة عليه.
وقد توصلت الدراسة إلى نتائج أهمها: أن وصف بمثابة الوجاهي إذا لم يحضر الخصم أي من جلسات المحاكمة، رغم تبليغه أصولا لجلسة محاكمته، فيه مصادرة على الواقع والأولى وصف الحكم الأخير بالغيابي. وأن الحكم يوصف بالوجاهي الاعتباري حين يحضر الخصم إحدى أو بعض جلسات المحاكمة ويتخلف عن إحدى هذه الجلسات أوعن بعضها، والأولى وصفه بمثابة الوجاهي. وأن ادخال الخصم الذي حوكم وجاهيا اعتباريا في المحاكمة يكون أمرا وجوبيا إذا حضر الخصم وطلب إدخاله في المحاكمة، قبل أن تصبح القضية معدة للفصل. وبخلاف ذلك يرفض طلبه وجوبا، وأن أحكام الاعتراض على الأحكام الصلحية بمثابة الوجاهي لا تطبيق على الأحكام البدائية ولو صدرت بمثابة الوجاهي، مع أن علة الاعتراض واحدة وقائمة في الحالتين.
وقدمت الدراسة توصيات أهمها: الغاء وصف الحكم (بمثابة الوجاهي) والاستعاضة عنه بوصفه (بالغيابي)، وإلغاء وصف الحكم (بالوجاهي الاعتباري) ووصف الحكم في حالاته (بمثابة الوجاهي). وتمديد أحكام الاعتراض إلى الأحكام البدائية لاتحاد العلة من تقرير الاعتراض في الحالتين. والنص على أن القضايا الصلحية التي تعاد منقوضة تنظر وجوبا بطريق المرافعة. وغير ذلك.The judicial system has kept up with developments to achieve justice. That includes acknowledging the idea of presence and absence. Based on such an acknowledgment, the methods used to address the absence problem before the civil judiciary has developed. The latter development is based on a basic idea. This idea is represented in the fact that whenever the lawsuit is filed, the court must settle it, even if the parties refrain from attending the trial sessions. The present study sheds light on one aspect of addressing this problematic issue. This aspect is represented in (describing the civil judgments based on the presence and absence of the parties under Jordanian law).
The meaning of (presence) under Jordanian law is based on one standard. This standard is represented in the presence of the opponent or an agent representing him. If the opponent or his agent refrained from attending a trial session, the opponent shall be deemed absent. The issues related to presence and absence have implications on the description of the judgment and the legal impacts of such a description. Therefore, the present study aims to shed light on the legal controls regulating this description and the legal implications of such a description.
This research yields several results. First, it adds that the description of the judgment shall be called "be Mathabet Al Wajahi" if the opponent did not attend any trial sessions, provided that the opponent was notified about the date of his trial session under the procedures. Second, the study adds that this description does not fit with reality. It adds that this description should be described as "Gheyabi." Third, the description of the judgment shall be called "Wajahi E'tebari" when the opponent attends a session or some sessions of the trial with refraining from attending the other sessions. He adds that this judgment ought to be described as "Be Mathabet Al Wajahi." Fourth, the study adds that administering the opponent who was trialed in a manner that's" Wajahi E'tebari" shall be obligatory if the opponent attended the session and requested attending the sessions before having the case ready to be settled. Otherwise, the opponent's request shall be rejected pursuant to the procedures. Finally, the study adds that the judgments issued in response to an appeal on the decisions issued by the Magistrates' Court and described as "Be Mathabet Al Wajahi’’shall not apply to the judgments issued by the Court of First Instance. That applies even if the latter judgments are described as "Be Mathabet Al Wajahi." It applies though the justification for appeal is existent and deemed the same in both cases.
The study offers several recommendations. First, it recommends eliminating the judgment description called "Be Mathabet Al Wajahi" and using the description called (Gheyabi) instead of it. Second, the study recommends eliminating the "Wajahi E'tabari" judgment description and using the "Be Mathabet Al Wajahi" description instead. Third, it suggests making the judgments issued in response to an appeal application to the court's first instance's judgments due to having the same justification in both cases. Fourth, it recommends enacting a text suggesting that the cases heard by the Magistrates' Court and returned due to an appeal must be heard through pleading
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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