AP practical civil process, 10 jobs.
Task 1. The company "Martin" has sold a large batch of shoes "Adidas" made in Germany. It later emerged that the shoes are made in Hong Kong and the quality of their markedly different from the standards of the firm "Adidas". Many citizens appealed to the urban society of consumers with complaints about the company, "Martin," referring to the fact that running shoes can not withstand even a month socks. The urban consumer society sued for the Protection of the interests of an indefinite number of buyers of running shoes, which have suffered losses as a result of the acquisition of low-quality goods.
Determine the type of claim and its elements.
In what order will defend the rights of individual buyers of running shoes?
Task 2. Motor Company appealed to the District Court with the claim to Lebedev, the driver of the enterprise, for damages in the amount of 2 mln. Rubles. The District Court found the following: Manager, at the request Lebedev allowed him to use the vehicle for the delivery of furniture they bought from the store at his apartment. Lebedev knocked down, resulting in the car belonging to the enterprise was damaged, its repair plaintiff spent 2 million. Rubles. The District Court granted the petition in part, sought to Lebedev 1 million. Rubles. - The amount of his average monthly earnings.
The cassation court, considering that Lebedev must indemnify completely changed the decision of the court, to recover from a 2 million. Rubles.
Is the definition of cassation?
On what grounds the court of second instance may change your mind?
Task 3. R. appealed to the court to recover from H. 2 million. Rubles. debt. In support of the claim filed by R. typewritten borrowed receipt of the defendant in the desired amount, and requested to interrogate the witness K. receipt defendant not guilty. He also said that by virtue of Art. 162 gk RF link to the testimony to confirm the conclusion of the loan agreement for such a sum is not allowed. According to the forensic examination of handwriting, the signature on behalf of Mr. and amend the text of receipts made probably by more specific conclusions of the experts could not give because of the lack of material.
What should the Court in this case?
Task 4. Markin filed a complaint against the refusal to recognize MSEK his disability that he needed for a pension based on health status. The district judge refused to accept the complaint. The private complaint Markina Judicial board of the Regional Court dismissed. Presidium of the Regional Court quashed the prosecutor of the region defined as the District and Regional Court sent the case to the district court for consideration on the merits, stating that under the current legislation requirements Markina be considered in a special procedure to establish the existence of legal significance.
What mistakes have been made on this case?
In what order can be protected interests Markina?
Task 5. M. appealed to the court to oblige O. carry them built barn, which was built very close to her house and closes the access of sunlight into the windows of the house.
The court ruled the operative part of the following: "O. oblige them to demolish a barn built in the courtyard Street. Kirov number 3 to 15 June this year If OS will carry a barn by the deadline, the plaintiff can make the demolition of M. shed by O. recover from the defendant the benefit of O. M. legal costs. The decision can be appealed to the regional court through the district court. "
What are the notes is the operative part of that decision?
Task 6. In the case of a real home under the judge requested the conclusion of the architectural department of the City Hall. By the beginning of the court hearing this conclusion has been received, and with the consent of the parties the Court decided to hear the case without him. At the time, when he announced the
The report stated that the real part of the disputed house impossible. With this in mind, the court dismissed the claim.
Is entered court?
Task 7. The District Court granted the petition for divorce Bashirov Ivanov. In the reasoning of the decision, the court pointed out that the reason for the divorce is immoral behavior of the defendant, alcohol abuse, which has a negative effect on the education of children.
The defendant filed a cassation complaint with it against that divorce does not mind, but does not agree with the motives of the court's decision, as they do not correspond to reality and discredit his honor and dignity.
It could be the subject of a complaint of the judgment, in particular, his motives?
Task 8. At the conclusion of the publishing contract between the FA and the publishing house "Spark" parties involved in the contract a condition that all disputes arising under this contract shall be resolved in the regional court.
Considering that the fee for the work were numbered incorrectly, F. appealed to the regional court with a lawsuit to recover from the publishing fee.
Should this application be accepted by the Regional Court?
If the publisher does not pay a fee for their work, then how can it be resolved this dispute?
Setting 9. On 18 March 2008 in the Tver district court proceedings were initiated under the claim to H. A. to recognize it has lost the right to use the living room. At the hearing the plaintiff said the refusal of the claim, as it intends to apply to its requirement in the perovskite district court for alleged place of residence of the defendant. The Court accepted the refusal of the plaintiff and dismissed the case.
May 4, 2008 A. made the same claim in the perovskite district court. The application was accepted, but, finding that the same claim before A. appealed to the Tverskoy District Court, which, by definition, the proceedings were discontinued, Perovski court also discontinued the proceedings.
Task 10. The District Court heard the case at the suit of the guardianship authority to the east of the deprivation of parental rights. When you have finished the examination of evidence in the case, the court adjourned due to the fact that the judge S. fell ill. At half-time it was found out that S. for health can not continue to participate in the process. The court session was postponed until the next day to attract a judge. The next day, the court continued the meeting, starting with its pleadings and then ruled on the case.
Approved by the court whether the violation of any of the principles in this case?
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11.12.2016 12:12:08
Все хорошо, но на мой взгляд ответы написаны слишком официозно, для студентов можно добавить немного косноязычия)