The court considered the case of the establishment (2007)

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Uploaded: 05.11.2010
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Description

Objective 1

The court considered the case of paternity. The plaintiff asked the court to hear the recording made with the recorder, and in recognition of his paternity defendant.
Solve the question of admissibility of the record as evidence.

Task 2

Whether admitted violation of procedural deadlines in the following cases:
A) a claim for the recovery from the enterprise wages during his forced absence is scheduled for consideration by the judge 17 days after its adoption;
B) a court order for alimony issued one month after acceptance of the application the claimant (creditor);
B) the debtor has applied for a court order canceling after 20 days from the date of issue, referring to the fact that the magistrate did not notify him of the day of the trial;
D) the plaintiff appealed to the Cassation court for review of a default judgment, two weeks after its adoption;
E) a copy of a default judgment to the defendant sent three days after the registration of the decision.

Objective 3

The court ruled the eviction Nefedova with all the members of his family occupied the apartment without providing other living space. The defendant agreed with this decision, and his wife brought the appeal. The judge explained to her that she was not the person involved in the case and therefore does not have the right to appeal.
Do you agree with the decision?

Task 4

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 5

As a result of a traffic accident the driver of VAZ-2104 Zotkin 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 commodity value, service bureau avtoekspertnogo compensate lawyer - 5000 rubles to pay state fees, 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 6

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.

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