0000000000375172
AUTHOR
Gatis Bārdiņš
showing 2 related works from this author
Dialoga loma tiesas spriešanā
2015
Elektroniskā versija nesatur pielikumus
Būtisko lietas apstākļu noskaidrošana un vērtēšana
2006
The obligation to justify a court decision derives from the rights to a fair trial. The purpose of justification is to preclude the court’s arbitrariness, provide a possibility to check the decision and convince the audience. The court justifies its decision with legal norms and facts. Thereby the aim of the research is to study how the relevant facts are ascertained and assessed. A fact is relevant if it might be necessary for legal syllogism. As the court receives from the litigants “raw facts” which may include irrelevant and exclude relevant facts, the unimportant facts must be separated and the missing facts – clarified. This task is facilitated by a legal method called the relation te…