The company appealed to the court (2009)

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Uploaded: 15.01.2011
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Description

Objective 1

The company asked the court to declare the deceased Shilov - a former employee. Ad Shilov died necessary to exclude from the list of the personnel of the company.
Will the judge apply?
What are the grounds on which a judge is entitled to refuse to accept the application?
Write the appropriate decision of the court.

Task 2

After hearing the pleadings, the judge was convinced that overlooked and did not examine some of the important facts of the case.
How does he get out of the situation: to try to bridge the gap during the debate, to resume the hearing at the outset, or to do anything else?

Objective 3

As a result of traffic accident car driver VAZZ Zotkin-2104 were caused by minor injuries that caused short-term health disorder. Assuming that the driver responsible for an accident Sitnikov, operate a motor vehicle ZIL-130, owned by JSC "Trade Base" Ural ", Zotkin appealed to the court, requesting to recover the cost of repairing the vehicle, taking into account the loss of value of a commodity, service bureau avtoekspertnogo compensate lawyer - 5 thousand, the payment of the state duty, as well as moral damages in the amount of 3000 rubles.
The representative of the defendant and the third party did not appear in court, although they were properly informed.
The court examined the case in the absence of the defendant and ordered a default judgment, which allowed the claim in part as part of the recovery of the cost of repairing the vehicle and in the part of non-pecuniary damage.
WAREHOUSE "Ural", filed a request for review of a default judgment within 15 days after its adoption, and the plaintiff appealed the default judgment in part unsatisfied.
Specify procedural violations.
Assess the situation.

Task 4

The judge imposed on the appeal of the plaintiff the following resolution: "The complaint with the matter immediately sent to a higher court."
As a matter of fact the judge should act in connection with the receipt or submission of the appeal?
Post a motivated, well-founded answer.

Objective 5

Trading company of one of the states of the CIS trade in fruit produced through kiosks located on the territory of other states of the Commonwealth. Vasil, who worked in the company as a salesman, was dismissed. Considering the dismissal illegal, he appealed to legal advice for clarification of the procedural remedies.
In order to give legal advice, put the necessary clarifying questions.

Additional information

Помните, что любая готовая работа нуждается в доработке и не может быть использована как конечный продукт.

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