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1.
The current status of the preclusive effects of judgments in the federal court system of the United States of America
Thomas Allan Heller, 2020, original scientific article

Abstract: Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with finality of judgments in multiple party and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion.
Keywords: res judicata, merger and bar, claim preclusion, issue preclusion, collateral estoppel, finality of judgments, US Federal District Courts, civil procedure
Published: 15.01.2021; Views: 130; Downloads: 0

2.
The standards of proof in medical malpractice cases
Nina Cek, 2020, original scientific article

Abstract: The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in standards of proof by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the approach of the EU court on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through the help of a medical expert, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems and the question is raised of how the introduction of such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.
Keywords: medical malpractice, expert evidence, standards of proof, no-fault system, civil procedure rules
Published: 15.01.2021; Views: 89; Downloads: 18
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