Right for Legal Remedy

Article 451 Everyone has the right to an immediate, fair, public and equitable hearing before a competent, impartial and independent tribunal.2. Exceptions to the public nature of the trial may be made for reasons of morality, public safety, public order or protection of the privacy of a party, or for other important private interests. Judgments are announced publicly. Article 771 Everyone has the right to compensation for damage caused to him by an act contrary to law of a public authority body.2. The statutes do not prevent anyone from going to court in the event of a claim for violation of freedoms or rights. Private Remedies. If the right violated and the violation committed are only private, no one has the right to intervene or seek redress, except for the party directly injured and his professional advisers. But if the appeal is even nominally public and prosecuted on behalf of the Commonwealth, anyone can sue even if they are not injured in private. Recognizing that the international community, while respecting the right of victims to reparation and reparation, remains faithful to the plight of victims, survivors and future human generations, and reaffirms international law in this regard, Voir dire, which means “to tell the truth” in French, refers to a process where lawyers and judges interview potential jurors to expose their bias and exclude those who do not may not be impartial. The selection process usually begins with a written questionnaire prior to the interview. In the interrogation process, both parties have the right to excuse potential jurors by challenging them for cause. A lawyer must convince the court with legitimate reasons to eliminate a potential juror.

Another way to filter a member of a jury pool is to use compelling challenges that cannot be denied by the judge. However, lawyers can only use convincing challenges a limited number of times. [2] An appeal is a form of judicial enforcement of a legal action arising from successful civil proceedings. Remedies can be divided into three general categories: Another limitation of remedies – at common law – is the notion of choice of remediesThe position of a plaintiff in civil proceedings, who has several means from which he can choose how to redress the defendant`s wrong. The nature of the damage resulting from a breach of contract may entitle a party to choose between two or more remedies where the decisions are mutually exclusive. Article 21, paragraph 1 Everyone has the right to apply to the courts for the defence of his rights, freedoms and legitimate interests. (2) The exercise of this right may not be restricted by any law. 3. All parties shall have the right to a fair trial and to a resolution of their case within a reasonable time. 4. The special responsibility of the administration is optional and free of charge. Article 24, paragraph 1 The rights of the defence shall be guaranteed.

2. Throughout the trial, the parties shall have the right to be assisted by a lawyer of their choice or ex officio. When the government itself violates the rights of individuals, it is particularly important that the courts remedy the situation. To be sure, providing retrospective remedies to victims of unconstitutional behaviour is often an imperfect solution, at best. While money plausibly provides full compensation, for example, to a government employee who is denied income while suspended for participating in a First Amendment-protected activity, it may be far less effective in a case involving an unconstitutional patrol search: Can money really restore the sense of security? that the victim lost? If not, maybe it can at least allow him to rebuild his life. Article 46 (para) (1) Any person may assert his rights in the manner prescribed by law before an independent and impartial tribunal and, in the cases provided for by law, before another body of the Slovak Republic. (2) Any person who claims to have been deprived of his rights by a decision of a public administrative authority may apply to the court for review of the legality of that decision, unless the law provides otherwise. However, review of decisions concerning fundamental rights and freedoms cannot be excluded from the jurisdiction of the General Court. 3. Everyone has the right to compensation for damage caused by an unlawful decision of a court or other public or public administrative body or by an incorrect administrative procedure. (4) The conditions and modalities of judicial and other forms of legal protection shall be regulated by law.

Article 47 (…) (2) Everyone has the right to legal assistance in judicial proceedings or before other public or public administrative bodies from the beginning of the proceedings under the conditions provided for by law. (…) Section 48 (1) No person shall be removed from office. The jurisdiction of the court shall be determined by law. Article 50 (1) Guilt and punishment for criminal offences shall be decided only by the court. 19. Reparation should, whenever possible, return the victim to his or her original situation before serious violations of international human rights law or serious violations of international humanitarian law have occurred. Restitution includes, where appropriate, the restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return to residence, restoration of employment and restitution of property. Financial damages, as well as injunctive relief, are most commonly used in the United States. Like the United States, British courts tend to award financial damages in tort cases. However, punitive damages are not applicable in the legal systems of the United Kingdom and Japan or in contractual cases in Australia and have a limited but broad scope in the People`s Republic of China. In European countries, the nature of remedies, including the type and amount of damages, is determined on a case-by-case basis by factors such as the place where the unlawful conduct caused damage. The enforcement of remedies can be difficult in international disputes, as the law of one jurisdiction does not apply to another.

[5] (e) the costs of legal assistance or expertise, medicines and medical services, as well as psychological and social services. The remedy is the means by which a right is enforced or the violation of a right is prevented or compensated.6 min read Article 23 Everyone has the right to have without delay taken by an independent and impartial tribunal established by law any decision concerning his rights, duties and charges against him. Only a judge duly appointed in accordance with regulations previously promulgated by law and judicial regulations may rule on such a person. – 2. To confiscate sums due and unpaid on the basis of legal obligations or simple oral or written, express or implied contracts, as well as under sealed or registered contracts concluded in accordance with the articles of association by a deceived party or by an ordinary informant, if the claim is made after a certain sum or can easily be reduced to certainty, the remedy consists of the action for: Debt.