Search results for: rules of civil procedure
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 4039

Search results for: rules of civil procedure

3919 Adding Business Value in Enterprise Applications through Quality Matrices Using Agile

Authors: Afshan Saad, Muhammad Saad, Shah Muhammad Emaduddin

Abstract:

Nowadays the business condition is so quick paced that enhancing ourselves consistently has turned into a huge factor for the presence of an undertaking. We can check this for structural building and significantly more so in the quick-paced universe of data innovation and programming designing. The lithe philosophies, similar to Scrum, have a devoted advance in the process that objectives the enhancement of the improvement procedure and programming items. Pivotal to process enhancement is to pick up data that grants you to assess the condition of the procedure and its items. From the status data, you can design activities for the upgrade and furthermore assess the accomplishment of those activities. This investigation builds a model that measures the product nature of the improvement procedure. The product quality is dependent on the useful and auxiliary nature of the product items, besides the nature of the advancement procedure is likewise vital to enhance programming quality. Utilitarian quality covers the adherence to client prerequisites, while the auxiliary quality tends to the structure of the product item's source code with reference to its practicality. The procedure quality is identified with the consistency and expectedness of the improvement procedure. The product quality model is connected in a business setting by social occasion the information for the product measurements in the model. To assess the product quality model, we investigate the information and present it to the general population engaged with the light-footed programming improvement process. The outcomes from the application and the client input recommend that the model empowers a reasonable evaluation of the product quality and that it very well may be utilized to help the persistent enhancement of the advancement procedure and programming items.

Keywords: Agile SDLC Tools, Agile Software development, business value, enterprise applications, IBM, IBM Rational Team Concert, RTC, software quality, software metrics

Procedia PDF Downloads 141
3918 Recurrent Anterior Gleno-Humeral Instability Management by Modified Latarjet Procedure

Authors: Tarek Aly

Abstract:

The shoulder is the most mobile joint whose stability requires the interaction of both dynamic and static stabilizers. Its wide range of movement predisposes to a high susceptibility to dislocation, accounting for nearly 50% of all dislocations. This trauma typically results in ligament injury (e.g., labral tear, capsular strain) or bony fracture (e.g., loss of glenoid or humeral head bone), which frequently causes recurrent instability. Patients with significant glenoid defects may require Latarjet procedure, which involves transferring the coracoid to the antero-inferior glenoid rim. In spite of outstanding results, 15 to 30% of cases suffer complications. In this article, we discuss the diagnosis of recurrent shoulder instability, the surgical technique and various complications of Latarjet procedure.

Keywords: recurrent, anterior gleno-humeral instability, latarjet, unstable shoulder

Procedia PDF Downloads 34
3917 A Semi-supervised Classification Approach for Trend Following Investment Strategy

Authors: Rodrigo Arnaldo Scarpel

Abstract:

Trend following is a widely accepted investment strategy that adopts a rule-based trading mechanism that rather than striving to predict market direction or on information gathering to decide when to buy and when to sell a stock. Thus, in trend following one must respond to market’s movements that has recently happen and what is currently happening, rather than on what will happen. Optimally, in trend following strategy, is to catch a bull market at its early stage, ride the trend, and liquidate the position at the first evidence of the subsequent bear market. For applying the trend following strategy one needs to find the trend and identify trade signals. In order to avoid false signals, i.e., identify fluctuations of short, mid and long terms and to separate noise from real changes in the trend, most academic works rely on moving averages and other technical analysis indicators, such as the moving average convergence divergence (MACD) and the relative strength index (RSI) to uncover intelligible stock trading rules following trend following strategy philosophy. Recently, some works has applied machine learning techniques for trade rules discovery. In those works, the process of rule construction is based on evolutionary learning which aims to adapt the rules to the current environment and searches for the global optimum rules in the search space. In this work, instead of focusing on the usage of machine learning techniques for creating trading rules, a time series trend classification employing a semi-supervised approach was used to early identify both the beginning and the end of upward and downward trends. Such classification model can be employed to identify trade signals and the decision-making procedure is that if an up-trend (down-trend) is identified, a buy (sell) signal is generated. Semi-supervised learning is used for model training when only part of the data is labeled and Semi-supervised classification aims to train a classifier from both the labeled and unlabeled data, such that it is better than the supervised classifier trained only on the labeled data. For illustrating the proposed approach, it was employed daily trade information, including the open, high, low and closing values and volume from January 1, 2000 to December 31, 2022, of the São Paulo Exchange Composite index (IBOVESPA). Through this time period it was visually identified consistent changes in price, upwards or downwards, for assigning labels and leaving the rest of the days (when there is not a consistent change in price) unlabeled. For training the classification model, a pseudo-label semi-supervised learning strategy was used employing different technical analysis indicators. In this learning strategy, the core is to use unlabeled data to generate a pseudo-label for supervised training. For evaluating the achieved results, it was considered the annualized return and excess return, the Sortino and the Sharpe indicators. Through the evaluated time period, the obtained results were very consistent and can be considered promising for generating the intended trading signals.

Keywords: evolutionary learning, semi-supervised classification, time series data, trading signals generation

Procedia PDF Downloads 49
3916 The Effect of Different Parameters on a Single Invariant Lateral Displacement Distribution to Consider the Higher Modes Effect in a Displacement-Based Pushover Procedure

Authors: Mohamad Amin Amini, Mehdi Poursha

Abstract:

Nonlinear response history analysis (NL-RHA) is a robust analytical tool for estimating the seismic demands of structures responding in the inelastic range. However, because of its conceptual and numerical complications, the nonlinear static procedure (NSP) is being increasingly used as a suitable tool for seismic performance evaluation of structures. The conventional pushover analysis methods presented in various codes (FEMA 356; Eurocode-8; ATC-40), are limited to the first-mode-dominated structures, and cannot take higher modes effect into consideration. Therefore, since more than a decade ago, researchers developed enhanced pushover analysis procedures to take higher modes effect into account. The main objective of this study is to propose an enhanced invariant lateral displacement distribution to take higher modes effect into consideration in performing a displacement-based pushover analysis, whereby a set of laterally applied displacements, rather than forces, is monotonically applied to the structure. For this purpose, the effect of different parameters such as the spectral displacement of ground motion, the modal participation factor, and the effective modal participating mass ratio on the lateral displacement distribution is investigated to find the best distribution. The major simplification of this procedure is that the effect of higher modes is concentrated into a single invariant lateral load distribution. Therefore, only one pushover analysis is sufficient without any need to utilize a modal combination rule for combining the responses. The invariant lateral displacement distribution for pushover analysis is then calculated by combining the modal story displacements using the modal combination rules. The seismic demands resulting from the different procedures are compared to those from the more accurate nonlinear response history analysis (NL-RHA) as a benchmark solution. Two structures of different heights including 10 and 20-story special steel moment resisting frames (MRFs) were selected and evaluated. Twenty ground motion records were used to conduct the NL-RHA. The results show that more accurate responses can be obtained in comparison with the conventional lateral loads when the enhanced modal lateral displacement distributions are used.

Keywords: displacement-based pushover, enhanced lateral load distribution, higher modes effect, nonlinear response history analysis (NL-RHA)

Procedia PDF Downloads 246
3915 Research of Data Cleaning Methods Based on Dependency Rules

Authors: Yang Bao, Shi Wei Deng, WangQun Lin

Abstract:

This paper introduces the concept and principle of data cleaning, analyzes the types and causes of dirty data, and proposes several key steps of typical cleaning process, puts forward a well scalability and versatility data cleaning framework, in view of data with attribute dependency relation, designs several of violation data discovery algorithms by formal formula, which can obtain inconsistent data to all target columns with condition attribute dependent no matter data is structured (SQL) or unstructured (NoSQL), and gives 6 data cleaning methods based on these algorithms.

Keywords: data cleaning, dependency rules, violation data discovery, data repair

Procedia PDF Downloads 530
3914 Efficiency of Storehouse Management: Case Study of Faculty of Management Science, Suan Sunandha Rajabhat University

Authors: Thidarath Rungruangchaikongmi, Duangsamorn Rungsawanpho

Abstract:

This research aims to investigate the efficiency of storehouse management and collect problems of the process of storehouse work of Faculty of Management Science, Suan Sunandha Rajabhat University. The subjects consisting of head of storehouse section and staffs, sampled through the Convenience Sampling Technique for 97 sampling were included in the study and the Content Analysis technique was used in analysis of data. The results of the study revealed that the management efficiency of the storehouse work on the part of work process was found to be relevant to university’s rules and regulations. The delay of work in particular steps had occurred due to more rules and regulations or practice guidelines were issued for work transparency and fast and easy inspection and control. The key problem of the management of storehouse work fell on the lack of knowledge and understanding regarding university’s rules and regulations or practice guidelines of the officers.

Keywords: efficiency of storehouse management, faculty of management science, process of storehouse work, Suan Sunandha Rajabhat University

Procedia PDF Downloads 258
3913 Descriptive Analysis of the Relationship between State and Civil Society in Hegel's Political Thought

Authors: Garineh Keshishyan Siraki

Abstract:

Civil society is one of the most important concepts of the twentieth century and even so far. Modern and postmodern thinkers have provided different definitions of civil society. Of course, the concept of civil society has undergone many changes over time. The relationship between government and civil society is one of the relationships that attracted the attention of many contemporary thinkers. Hegel, the thinker we discussed in this article also explores the relationship between these concepts and emphasizing the dialectical method, he has drawn three lines between family, state, and civil society. In Hegel's view, the creation of civil society will lead to a reduction of social conflict and increased social cohesion. The importance of the issue is due to the study of social cohesion and the ways to increase it. The importance of the issue is due to the study of social cohesion and the ways to increase it. This paper, which uses a descriptive-analytic method to examine Hegel's dialectical theory of civil society, after examining the relationship between the family and the state and finding the concept of civil society as the interface and the interconnected circle of these two, investigates tripartite economic, legal, and pluralistic systems. In this article, after examining the concepts of the market, the right and duty, the individual interests and the development of the exchange economy, Hegel's view is to examine the concept of freedom and its relation with civil society. The results of this survey show that, in Hegel's thought, the separation between the political system and the social system is a natural and necessary thing. In Hegel's view, because of those who are in society, they have selfish features; the community is in tension and contradiction. Therefore, the social realms within which conflicts emerge must be identified and controlled by specific mechanisms. It can also be concluded that the government can act to reduce social conflicts by legislating, using force or forming trade unions. The bottom line is that Hegel wants to reconcile between the individual, the state and civil society and it is not possible to rely on ethics.

Keywords: civil society, cohesion system, economic system, family, the legal system, state

Procedia PDF Downloads 152
3912 Determination of International Jurisdiction of Courts over Disputes Arising from Electronic Consumer Contracts

Authors: Aslihan Coban

Abstract:

As a result of the rapid development of information communication technology, especially the internet, consumers have become an active party in commerce and in law. Consequently, the protection of consumers in cross-border contracts has become increasingly important. This paper is confined to the international jurisdiction of courts over disputes arising from electronic consumer contracts according to the ‘5718 Turkish Act on Private International Law and Civil Procedure’ and the ‘1215/2012 Council Regulation On Jurisdiction and The Recognition and Enforcement Of Judgments In Civil and Commercial Matters’ (Hereafter ‘Brussels I Regulation’). The international jurisdiction of courts for consumer contracts is recognized under both acts above-mentioned; however, there exist some differences between the said legal regulations. Firstly, while there is a specific provision for electronic consumer contracts in Brussels I Regulation, there is no specific provision in the Turkish Act. Secondly, under the Turkish Act, habitual residence, domicile, and workplace of the other party who is not a consumer are all accepted as jurisdiction elements; while domicile is the only jurisdiction element in Brussels I Regulation. Thirdly, the ability to make jurisdiction agreements in disputes arising from electronic consumer contracts is a controversial issue under the Turkish Act while it is explicitly regulated under Brussels I Regulation that such jurisdiction agreements can be concluded by complying with certain conditions.

Keywords: Brussels I Regulation, electronic consumer contracts, jurisdiction, jurisdiction agreement

Procedia PDF Downloads 126
3911 Counter-Terrorism and Civil Society in Nigeria

Authors: Emeka Thaddues Njoku

Abstract:

Since 2009, the Nigerian Government has established diverse counter-terrorism legislations and practices in response terrorism in North Eastern part of the country. However, these measures have hampered not only the ability of civil society organizations to sustain the autonomous spaces that define/locate them at the intersection between the state and public but also the balance between freedom and security. Hence, this study examines the various elements associated with the interface between the counter terrorism security framework of the government and the capacity of civil society organizations to carry out their mandates in Nigeria. In order to achieve this, the survey research of the ex-post facto type will be adopted using the multi-stage sampling technique. A total of two hundred (200) copies of questionnaire will be administered to members of the civil society organizations and 24 In-Depth Interviews (IDI) will be conducted for officials of security agencies, Ministry of Defence and operators of civil society organizations. Fifty respondents will be drawn from each civil society organisations in the areas of humanitarian assistance, human rights Advocacy, development-oriented, peace-building. Moreover, 24 interviewees drawn from the key members of the security agencies (6), Ministry of Defence (6) and 12 operators of civil society organizations-three respondents each will represent the four civil society organizations mentioned above. Also, secondary data will be used to complement In-depth Interview (IDI) sessions. All collected data will be coded and analysed using descriptive statistics of frequency counts and simple percentage in the Statistical Package for Social Science (SPSS). Content analysis will be used for the In-depth interview and secondary data.

Keywords: counter-terrorism, civil society organizations, freedom, terrorism

Procedia PDF Downloads 353
3910 An Appraisal of the Level of Civil Servants Participation in Recreational Activities

Authors: Isyaku Labaran Fagge

Abstract:

This study investigated on appraisal of civil servants level of participation in recreational activities in North Western States of Nigeria. To achieve this purpose, a descriptive survey was employed for the designed questionnaire which were administered on 300 respondents, who served as subject for this study, in North Western States of Nigeria. Descriptive statistics of simple frequency count, percentage and Chi square (x2) statistical techniques at 0.05 alpha level were used for all statistical tests of significance. The findings of the study revealed that senior civil servants by (gender, status and location) do participate in recreational activities. On the knowledgeable personnels, all the recreational centres (by gender, status and location) had no knowledgeable personnels to handle the centres across North Western States. Many recreational centers should be create. Government should train and employ more knowledgeable personnel to handle the centres. Civil servants in urban areas do participate more than the civil servants in rural areas.

Keywords: recreation, civil servants, participation, recreational activities

Procedia PDF Downloads 388
3909 Theorem on Inconsistency of The Classical Logic

Authors: T. J. Stepien, L. T. Stepien

Abstract:

This abstract concerns an extremely fundamental issue. Namely, the fundamental problem of science is the issue of consistency. In this abstract, we present the theorem saying that the classical calculus of quantifiers is inconsistent in the traditional sense. At the beginning, we introduce a notation, and later we remind the definition of the consistency in the traditional sense. S1 is the set of all well-formed formulas in the calculus of quantifiers. RS1 denotes the set of all rules over the set S1. Cn(R, X) is the set of all formulas standardly provable from X by rules R, where R is a subset of RS1, and X is a subset of S1. The couple < R,X > is called a system, whenever R is a subset of RS1, and X is a subset of S1. Definition: The system < R,X > is consistent in the traditional sense if there does not exist any formula from the set S1, such that this formula and its negation are provable from X, by using rules from R. Finally, < R0+, L2 > denotes the classical calculus of quantifiers, where R0+ consists of Modus Ponens and the generalization rule. L2 is the set of all formulas valid in the classical calculus of quantifiers. The Main Result: The system < R0+, L2 > is inconsistent in the traditional sense.

Keywords: classical calculus of quantifiers, classical predicate calculus, generalization rule, consistency in the traditional sense, Modus Ponens

Procedia PDF Downloads 173
3908 VaR or TCE: Explaining the Preferences of Regulators

Authors: Silvia Faroni, Olivier Le Courtois, Krzysztof Ostaszewski

Abstract:

While a lot of research concentrates on the merits of VaR and TCE, which are the two most classic risk indicators used by financial institutions, little has been written on explaining why regulators favor the choice of VaR or TCE in their set of rules. In this paper, we investigate the preferences of regulators with the aim of understanding why, for instance, a VaR with a given confidence level is ultimately retained. Further, this paper provides equivalence rules that explain how a given choice of VaR can be equivalent to a given choice of TCE. Then, we introduce a new risk indicator that extends TCE by providing a more versatile weighting of the constituents of probability distribution tails. All of our results are illustrated using the generalized Pareto distribution.

Keywords: generalized pareto distribution, generalized tail conditional expectation, regulator preferences, risk measure

Procedia PDF Downloads 133
3907 Lumbar Punctures: Re-Audit of Procedure Documentation Following the Introduction of a Standardised Procedure Checklist

Authors: Hayley Lawrence, Nabi Shah, Sarah Dyer

Abstract:

Aims: Lumbar punctures are a common bedside procedure performed in acute medicine. Published guidance exists on the standardised documentation of invasive procedures in order to reduce the risk of complications. The audit aim was to assess current standards of documentation in accordance with both the GMC and the National Standards for Invasive Procedures guidelines. A second cycle was conducted after introducing a standardised sticker created using current guidelines. This would assess whether the sticker improved documentation, aiming for 100% standard in each step of the procedure. Methods: An initial prospective audit of current practice was conducted over a 3-month period. Patients were identified by their presenting complaints and by colleagues assessing acute medical patients. Initial findings were presented locally, and a further prospective audit was conducted following the implementation of a standardised sticker. Results: 19 lumbar punctures were included in the first cycle and 13 procedures in the second. Pre-procedure documentation was collected for each cycle, whereby documentation of ‘Indication’ improved from 5.3% to 84.6%, ‘Consent’ from 84.2% to 100%, ‘Coagulopathy’ from 0% to 61.5%, ‘Drug Chart checked’ from 0% to 100%, ‘Position of patient’ from 26.3% to 100% and use of ‘Aseptic Technique’ from 83.3% to 100% from the first to the second cycle respectively. ‘Level of Doctor’ and ‘Supervision’ decreased from 53% to 31% and 53% to 46%, respectively, in the second cycle. Documentation of the procedure itself also demonstrated improvements, with ‘Level of Insertion’ 15.8% to 100%, ‘Name of Antiseptic Used’ 11.1% to 69.2%, ‘Local Anaesthetic Used’ 26.3% to 53.8%, ‘Needle Gauge’ 42.1% to 76.9%, ‘Number of Attempts’ 78.9% to 100% and ‘Traumatic/Atraumatic’ procedure 26.3% to 92.3%, respectively. A similar number of opening pressures were documented in each cycle at 57.9% and 53.8%, respectively, but its documentation was deemed ‘Not Applicable’ in a higher number of patients in the second cycle. Post-procedure documentation improved, with ‘Number of Samples obtained’ increasing from 52.6% to 92.3% and documentation of ‘Immediate Complications’ increasing from 78.9% to 100%. ‘Dressing Applied’ was poorly documented in the first cycle at 16.7%. This was not included on the standardised sticker, resulting in 0% documentation in the second cycle. Documentation of Clinicians’ Name and Bleep reduced from 63.2% to 15.4%, but when the name only was analysed, this increased to 84.6%. Conclusions: Standardised stickers for lumbar punctures do improve documentation and hence should result in improved patient safety. There is still room for improvement to reach 100% standard in each area, especially with respect to the clinician’s name and contact details being documented. Final adjustments will be made to the sticker before being included in a lumbar puncture kit, which will be made readily available in the acute medical wards. Future audits could be extended to include other common bedside procedures performed in acute medicine to ensure documentation of all these procedures reaches 100% standard.

Keywords: invasive procedure, lumbar puncture, medical record keeping, procedure checklist, procedure documentation, standardised documentation

Procedia PDF Downloads 57
3906 Towards an Intelligent Ontology Construction Cost Estimation System: Using BIM and New Rules of Measurement Techniques

Authors: F. H. Abanda, B. Kamsu-Foguem, J. H. M. Tah

Abstract:

Construction cost estimation is one of the most important aspects of construction project design. For generations, the process of cost estimating has been manual, time-consuming and error-prone. This has partly led to most cost estimates to be unclear and riddled with inaccuracies that at times lead to over- or under-estimation of construction cost. The development of standard set of measurement rules that are understandable by all those involved in a construction project, have not totally solved the challenges. Emerging Building Information Modelling (BIM) technologies can exploit standard measurement methods to automate cost estimation process and improves accuracies. This requires standard measurement methods to be structured in ontologically and machine readable format; so that BIM software packages can easily read them. Most standard measurement methods are still text-based in textbooks and require manual editing into tables or Spreadsheet during cost estimation. The aim of this study is to explore the development of an ontology based on New Rules of Measurement (NRM) commonly used in the UK for cost estimation. The methodology adopted is Methontology, one of the most widely used ontology engineering methodologies. The challenges in this exploratory study are also reported and recommendations for future studies proposed.

Keywords: BIM, construction projects, cost estimation, NRM, ontology

Procedia PDF Downloads 510
3905 Normalized Enterprises Architectures: Portugal's Public Procurement System Application

Authors: Tiago Sampaio, André Vasconcelos, Bruno Fragoso

Abstract:

The Normalized Systems Theory, which is designed to be applied to software architectures, provides a set of theorems, elements and rules, with the purpose of enabling evolution in Information Systems, as well as ensuring that they are ready for change. In order to make that possible, this work’s solution is to apply the Normalized Systems Theory to the domain of enterprise architectures, using Archimate. This application is achieved through the adaptation of the elements of this theory, making them artifacts of the modeling language. The theorems are applied through the identification of the viewpoints to be used in the architectures, as well as the transformation of the theory’s encapsulation rules into architectural rules. This way, it is possible to create normalized enterprise architectures, thus fulfilling the needs and requirements of the business. This solution was demonstrated using the Portuguese Public Procurement System. The Portuguese government aims to make this system as fair as possible, allowing every organization to have the same business opportunities. The aim is for every economic operator to have access to all public tenders, which are published in any of the 6 existing platforms, independently of where they are registered. In order to make this possible, we applied our solution to the construction of two different architectures, which are able of fulfilling the requirements of the Portuguese government. One of those architectures, TO-BE A, has a Message Broker that performs the communication between the platforms. The other, TO-BE B, represents the scenario in which the platforms communicate with each other directly. Apart from these 2 architectures, we also represent the AS-IS architecture that demonstrates the current behavior of the Public Procurement Systems. Our evaluation is based on a comparison between the AS-IS and the TO-BE architectures, regarding the fulfillment of the rules and theorems of the Normalized Systems Theory and some quality metrics.

Keywords: archimate, architecture, broker, enterprise, evolvable systems, interoperability, normalized architectures, normalized systems, normalized systems theory, platforms

Procedia PDF Downloads 327
3904 What are the Factors Underlying the Differences between Young Saudi Women in Traditional Families that Choose to Conform to the Society Norms, and Young Saudi Women who do not Conform?

Authors: Mai Al-Subaie

Abstract:

This research suggests that women in traditional families of Saudi Arabia are divided into two groups, the one who conform to the society and the new type of women that has been emerged due to the changing and development of the culture, who do not want to conform to the rules. The factors underlying the differences were explored by using a test and an interview. That concluded some of the main factors that were a real effect of why some women still want to follow the society and traditional rules, and other want to break free.

Keywords: conformity, non conformity, females, Saudi Arabia

Procedia PDF Downloads 484
3903 2D Hexagonal Cellular Automata: The Complexity of Forms

Authors: Vural Erdogan

Abstract:

We created two-dimensional hexagonal cellular automata to obtain complexity by using simple rules same as Conway’s game of life. Considering the game of life rules, Wolfram's works about life-like structures and John von Neumann's self-replication, self-maintenance, self-reproduction problems, we developed 2-states and 3-states hexagonal growing algorithms that reach large populations through random initial states. Unlike the game of life, we used six neighbourhoods cellular automata instead of eight or four neighbourhoods. First simulations explained that whether we are able to obtain sort of oscillators, blinkers, and gliders. Inspired by Wolfram's 1D cellular automata complexity and life-like structures, we simulated 2D synchronous, discrete, deterministic cellular automata to reach life-like forms with 2-states cells. The life-like formations and the oscillators have been explained how they contribute to initiating self-maintenance together with self-reproduction and self-replication. After comparing simulation results, we decided to develop the algorithm for another step. Appending a new state to the same algorithm, which we used for reaching life-like structures, led us to experiment new branching and fractal forms. All these studies tried to demonstrate that complex life forms might come from uncomplicated rules.

Keywords: hexagonal cellular automata, self-replication, self-reproduction, self- maintenance

Procedia PDF Downloads 123
3902 Polish Adversarial Trial: Analysing the Fairness of New Model of Appeal Proceedings in the Context of Delivered Research

Authors: Cezary Kulesza, Katarzyna Lapinska

Abstract:

Regarding the nature of the notion of fair trial, one must see the source of the fair trial principle in the following acts of international law: art. 6 of the ECHR of 1950 and art.14 the International Covenant on Civil and Political Rights of 1966, as well as in art. 45 of the Polish Constitution. However, the problem is that the above-mentioned acts essentially apply the principle of a fair trial to the main hearing and not to appeal proceedings. Therefore, the main thesis of the work is to answer the question whether the Polish model of appeal proceedings is fair. The paper presents the problem of fair appeal proceedings in Poland in comparative perspective. Thus, the authors discuss the basic features of English, German and Russian appeal systems. The matter is also analysed in the context of the last reforms of Polish criminal procedure, because since 2013 Polish parliament has significantly changed criminal procedure almost three times: by the Act of 27th September, 2013, the Act of 20th February, 2015 which came into effect on 1st July, 2015 and the Act of 11th March, 2016. The most astonishing is that these three amendments have been varying from each other – changing Polish criminal procedure to more adversarial one and then rejecting all measures just involved in previous acts. Additional intent of the Polish legislator was amending the forms of plea bargaining: conviction of the defendant without trial or voluntary submission to a penalty, which were supposed to become tools allowing accelerating the criminal process and, at the same time, implementing the principle of speedy procedure. The next part of the paper will discuss the matter, how the changes of plea bargaining and the main trial influenced the appellate procedure in Poland. The authors deal with the right to appeal against judgments issued in negotiated case-ending settlements in the light of Art. 2 of Protocol No. 7 to the ECHR and the Polish Constitution. The last part of the presentation will focus on the basic changes in the appeals against judgments issued after the main trial. This part of the paper also presents the results of examination of court files held in the Polish Appeal Courts in Białystok, Łódź and Warsaw. From these considerations it is concluded that the Polish CCP of 1997 in ordinary proceedings basically meets both standards: the standard adopted in Protocol No. 7 of the Convention and the Polish constitutional standard. But the examination of case files shows in particular the following phenomena: low effectiveness of appeals and growing stability of the challenged judgments of district courts, extensive duration of appeal proceedings and narrow scope of evidence proceedings before the appellate courts. On the other hand, limitations of the right to appeal against the judgments issued in consensual modes of criminal proceedings justify the fear that such final judgments may violate the principle of criminal accurate response or the principle of material truth.

Keywords: adversarial trial, appeal, ECHR, England, evidence, fair trial, Germany, Polish criminal procedure, reform, Russia

Procedia PDF Downloads 118
3901 On the Road towards Effective Administrative Justice in Macedonia, Albania and Kosovo: Common Challenges and Problems

Authors: Arlinda Memetaj

Abstract:

A sound system of administrative justice represents a vital element of democratic governance. The proper control of public administration consists not only of a sound civil service framework and legislative oversight, but empowerment of the public and courts to hold public officials accountable for their decision-making through the application of fair administrative procedural rules and the use of appropriate administrative appeals processes and judicial review. The establishment of both effective public administration and administrative justice system has been for a long period of time among the most ‘important and urgent’ final strategic objectives of almost any country in the Balkans region, including Macedonia, Albania and Kosovo. Closely related to this is their common strategic goal to enter the membership in the European Union, which requires fulfilling of many criteria and standards as incorporated in EU acquis communautaire. The latter is presently done with the framework of the Stabilization and Association Agreement which each of these countries has concluded with the EU accordingly. To above aims, each of the three countries has so far adopted a huge series of legislative and strategic documents related to any aspects of their individual administrative justice system. ‘Changes and reforms’ in this field have been thus the most frequent terms being used in any of these countries. The three countries have already established their own national administrative judiciary, while permanently amending their laws on the general administrative procedure introducing thereby considerable innovations concerned. National administrative courts are expected to have crucial important role within the broader judiciary systems-related reforms of these countries; they are designed to check the legality of decisions of the state administration with the aim to guarantee an effective protection of human rights and legitimate interests of private persons through a regular, conform, fast and reasonable judicial administrative process. Further improvements in this field are presently an integral crucial part of all the relevant national strategic documents including the ones on judiciary reform and public administration reform, as adopted by each of the three countries; those strategic documents are designed among others to provide effective protection of their citizens` rights` of administrative justice. On the basis of the later, the paper finally is aimed at highlighting selective common challenges and problems of the three countries on their European road, while claiming (among others) that the current status quo situation in each of them may be overcome only if there is a proper implementation of the administrative courts decisions and a far stricter international monitoring process thereof. A new approach and strong political commitment from the highest political leadership is thus absolutely needed to ensure the principles of transparency, accountability and merit in public administration. The main methods used in this paper include the analytical and comparative ones due to the very character of the paper itself.

Keywords: administrative courts , administrative justice, administrative procedure, benefit, effective administrative justice, human rights, implementation, monitoring, reform

Procedia PDF Downloads 124
3900 Audit on Antibiotic Prophylaxis and Post-Procedure Complication Rate for Patients Undergoing Transperineal Template Biopsies of the Prostate

Authors: W. Hajuthman, R. Warner, S. Rahman, M. Abraham, H. Helliwell, D. Bodiwala

Abstract:

Context: Prostate cancer is a prevalent cancer in males in Europe and the US, with diagnosis primarily relying on PSA testing, mpMRI, and subsequent biopsies. However, this diagnostic strategy may lead to complications for patients. Research Aim: The aim of this study is to assess compliance with trust guidelines for antibiotic prophylaxis in patients undergoing transperineal template biopsies of the prostate and evaluate the rate of post-procedure complications. Methodology: This study is conducted retrospectively over an 8-month period. Data collection includes patient demographics, compliance with trust guidelines, associated risk factors, and post-procedure complications such as infection, haematuria, and urinary retention. Findings: The audit includes 100 patients with a median age of 66.11. The compliance with pre-procedure antibiotics was 98%, while compliance with antibiotic prophylaxis recommended by trust guidelines was 68%. Among the patients, 3% developed post-procedure sepsis, with 2 requiring admission for intravenous antibiotics. No evident risk factors were identified in these cases. Additionally, post-procedure urinary retention occurred in 3% of patients and post-procedure haematuria in 2%. Theoretical Importance: This study highlights the increasing use of transperineal template biopsies across UK centres and suggests that having a standardized protocol and compliance with guidelines can reduce confusion, ensure appropriate administration of antibiotics, and mitigate post-procedure complications. Data Collection and Analysis Procedures: Data for this study is collected retrospectively, involving the extraction and analysis of relevant information from patient records over the specified 8-month period. Question Addressed: This study addresses the following research questions: (1) What is the compliance rate with trust guidelines for antibiotic prophylaxis in transperineal template biopsies of the prostate? (2) What is the rate of post-procedure complications, such as infection, haematuria, and urinary retention? Conclusion: Transperineal template biopsies are becoming increasingly prevalent in the UK. Implementing a standardized protocol and ensuring compliance with guidelines can reduce confusion, ensure proper administration of antibiotics, and potentially minimize post-procedure complications. Additionally, considering that studies show no difference in outcomes when prophylactic antibiotics are not used, the reminder to follow trust guidelines may prompt a re-evaluation of antibiotic prescribing practices.

Keywords: prostate, transperineal template biopsies of prostate, antibiotics, complications, microbiology, guidelines

Procedia PDF Downloads 40
3899 Low Enrollment in Civil Engineering Departments: Challenges and Opportunities

Authors: Alaa Yehia, Ayatollah Yehia, Sherif Yehia

Abstract:

There is a recurring issue of low enrollments across many civil engineering departments in postsecondary institutions. While there have been moments where enrollments begin to increase, civil engineering departments find themselves facing low enrollments at around 60% over the last five years across the Middle East. There are many reasons that could be attributed to this decline, such as low entry-level salaries, over-saturation of civil engineering graduates in the job market, and a lack of construction projects due to the impending or current recession. However, this recurring problem alludes to an intrinsic issue of the curriculum. The societal shift to the usage of high technology such as machine learning (ML) and artificial intelligence (AI) demands individuals who are proficient at utilizing it. Therefore, existing curriculums must adapt to this change in order to provide an education that is suitable for potential and current students. In this paper, In order to provide potential solutions for this issue, the analysis considers two possible implementations of high technology into the civil engineering curriculum. The first approach is to implement a course that introduces applications of high technology in Civil Engineering contexts. While the other approach is to intertwine applications of high technology throughout the degree. Both approaches, however, should meet requirements of accreditation agencies. In addition to the proposed improvement in civil engineering curriculum, a different pedagogical practice must be adapted as well. The passive learning approach might not be appropriate for Gen Z students; current students, now more than ever, need to be introduced to engineering topics and practice following different learning methods to ensure they will have the necessary skills for the job market. Different learning methods that incorporate high technology applications, like AI, must be integrated throughout the curriculum to make the civil engineering degree more attractive to prospective students. Moreover, the paper provides insight on the importance and approach of adapting the Civil Engineering curriculum to address the current low enrollment crisis that civil engineering departments globally, but specifically in the Middle East, are facing.

Keywords: artificial intelligence (AI), civil engineering curriculum, high technology, low enrollment, pedagogy

Procedia PDF Downloads 121
3898 Programming Systems in Implementation of Process Safety at Chemical Process Industry

Authors: Maryam Shayan

Abstract:

Programming frameworks have been utilized as a part of chemical industry process safety operation and configuration to enhance its effectiveness. This paper gives a brief survey and investigation of the best in class and effects of programming frameworks in process security. A study was completed by talking staff accountable for procedure wellbeing practices in the Iranian chemical process industry and diving into writing of innovation for procedure security. This article investigates the useful and operational attributes of programming frameworks for security and endeavors to sort the product as indicated by its level of effect in the administration chain of importance. The study adds to better comprehension of the parts of Information Communication Technology in procedure security, the future patterns and conceivable gaps for innovative work.

Keywords: programming frameworks, chemical industry process, process security, administration chain, information communication technology

Procedia PDF Downloads 336
3897 Impact of Globalization on Youth Bulge and Civil Unrest: An Empirical Approach

Authors: Swetasree Roy, Subaran Roy

Abstract:

The contemporary literature documents globalization affects the stability of a country in three ways i) it increases peace ii) it decreases the likelihood of civil unrest, and iii) it creates employment. In this paper, we show that unemployment amongst youth plays a significant role in the effect of globalization and the internal stability of a country. Using recent data on globalization for 88 countries (2000-2014), we examine whether the presence of a large section of youth exacerbates the negative effects of globalization, thereby increasing chances of civil unrest. Using recent measures of globalization, we find globalization affect adversely on the stability of a country. Our results indicate that globalization in the presence of a high youth unemployment rate can create more instability in an economy. Results are robust in the presence of other socio-economic variables.

Keywords: globalization, youth bulge, civil unrest, unemployment

Procedia PDF Downloads 123
3896 Comparison of Two Anesthetic Methods during Interventional Neuroradiology Procedure: Propofol versus Sevoflurane Using Patient State Index

Authors: Ki Hwa Lee, Eunsu Kang, Jae Hong Park

Abstract:

Background: Interventional neuroradiology (INR) has been a rapidly growing and evolving neurosurgical part during the past few decades. Sevoflurane and propofol are both suitable anesthetics for INR procedure. Monitoring of depth of anesthesia is being used very widely. SEDLine™ monitor, a 4-channel processed EEG monitor, uses a proprietary algorithm to analyze the raw EEG signal and displays the Patient State Index (PSI) values. There are only a fewer studies examining the PSI in the neuro-anesthesia. We aimed to investigate the difference of PSI values and hemodynamic variables between sevoflurane and propofol anesthesia during INR procedure. Methods: We reviewed the medical records of patients who scheduled to undergo embolization of non-ruptured intracranial aneurysm by a single operator from May 2013 to December 2014, retrospectively. Sixty-five patients were categorized into two groups; sevoflurane (n = 33) vs propofol (n = 32) group. The PSI values, hemodynamic variables, and the use of hemodynamic drugs were analyzed. Results: Significant differences were seen between PSI values obtained during different perioperative stages in both two groups (P < 0.0001). The PSI values of propofol group were lower than that of sevoflurane group during INR procedure (P < 0.01). The patients in propofol group had more prolonged time of extubation and more phenylephrine requirement than sevoflurane group (p < 0.05). Anti-hypertensive drug was more administered to the patients during extubation in sevoflurane group (p < 0.05). Conclusions: The PSI can detect depth of anesthesia and changes of concentration of anesthetics during INR procedure. Extubation was faster in sevoflurane group, but smooth recovery was shown in propofol group.

Keywords: interventional neuroradiology, patient state index, propofol, sevoflurane

Procedia PDF Downloads 151
3895 Comeback of the Limited Precedent System in Hungary – A Critical Assessment

Authors: István János Molnár

Abstract:

Hungary has a legal system that is primarily based on statutory legislation, which means that statutes are the main source of law. However, in a surprising move, the Hungarian Parliament introduced a "limited" precedent system on 1 April 2020. This reform requires Hungarian courts to consider not only statutes but also the interpretation of those statutes in decisions made by the highest court in the country, the Curia. While judge-made customary law is not completely unfamiliar in Hungarian legal practice, the introduction of this new system presents several theoretical and practical challenges that may take time to resolve.

Keywords: civil procedure, hungary, judicial practice, precedent system, sources of law

Procedia PDF Downloads 49
3894 Study of Regulation and Registration Law of Veterinary Biological Drugs in Iran and Comparison between FDA, EMA and WHO

Authors: Hoda Dehghani, Zahra Dehghani

Abstract:

Considering the obvious growth and variety of veterinary biological product and increase consumption and also the price, it is necessary to establish the rules and serious monitoring of this products which are less expensive than the original products. The scope of this research is the study of comparing the registration criteria and procedures of veterinary biological drugs in the world's leading agencies such as EMA, FDA, and WHO. For this, purpose the rules and regulations for registration of these drugs in prestigious organizations such as the FDA, EMA and WHO were examined and compared with the existing legislation in Iran. Studies show that EMA is the forefront of the compilation and registration of drugs in the world. China is a one of the greatest country in the development of drugs and establishes very closely guidelines with creditable global guidelines, and Now, is the first country to implement the rules codified in the Far East and followed by china, India and, South Korea and Taiwan have taken incorporate the industry's top ranking in Asia. At now, Asia by creating appropriate indicators not only as a powerful center in the field of drug delivery but also as a competitor to the United States is a major source of drug discovery and creation of innovation. the activities such as clinical trials and pharmaceutical investment is the speed of technology on the continent.

Keywords: veterinary biological product, regulation of registration, biological products, regularity authorities

Procedia PDF Downloads 324
3893 Parametric Models of Facade Designs of High-Rise Residential Buildings

Authors: Yuchen Sharon Sung, Yingjui Tseng

Abstract:

High-rise residential buildings have become the most mainstream housing pattern in the world’s metropolises under the current trend of urbanization. The facades of high-rise buildings are essential elements of the urban landscape. The skins of these facades are important media between the interior and exterior of high- rise buildings. It not only connects between users and environments, but also plays an important functional and aesthetic role. This research involves a study of skins of high-rise residential buildings using the methodology of shape grammar to find out the rules which determine the combinations of the facade patterns and analyze the patterns’ parameters using software Grasshopper. We chose a number of facades of high-rise residential buildings as source to discover the underlying rules and concepts of the generation of facade skins. This research also provides the rules that influence the composition of facade skins. The items of the facade skins, such as windows, balconies, walls, sun visors and metal grilles are treated as elements in the system of facade skins. The compositions of these elements will be categorized and described by logical rules; and the types of high-rise building facade skins will be modelled by Grasshopper. Then a variety of analyzed patterns can also be applied on other facade skins through this parametric mechanism. Using these patterns established in the models, researchers can analyze each single item to do more detail tests and architects can apply each of these items to construct their facades for other buildings through various combinations and permutations. The goal of these models is to develop a mechanism to generate prototypes in order to facilitate generation of various facade skins.

Keywords: facade skin, grasshopper, high-rise residential building, shape grammar

Procedia PDF Downloads 477
3892 The Nexus between Manpower Training and Corporate Compliance

Authors: Timothy Wale Olaosebikan

Abstract:

The most active resource in any organization is the manpower. Every other resource remains inactive unless there is competent manpower to handle them. Manpower training is needed to enhance productivity and overall performance of the organizations. This is due to the recognition of the important role of manpower training in attainment of organizational goals. Corporate Compliance conjures visions of an incomprehensible matrix of laws and regulations that defy logic and control by even the most seasoned manpower training professionals. Similarly, corporate compliance can be viewed as one of the most significant problems faced in manpower training process for any organization, therefore, commands relevant attention and comprehension. Consequently, this study investigated the nexus between manpower training and corporate compliance. Collection of data for the study was effected through the use of questionnaire with a sample size of 265 drawn by stratified random sampling. The data were analyzed using descriptive and inferential statistics. The findings of the study show that about 75% of the respondents agree that there is a strong relationship between manpower training and corporate compliance, which brings out the organizational attainment from any training process. The findings further show that most organisation do not totally comply with the rules guiding manpower training process thereby making the process less effective on organizational performance, which may affect overall profitability. The study concludes that formulation and compliance of adequate rules and guidelines for manpower trainings will produce effective results for both employees and the organization at large. The study recommends that leaders of organizations, industries, and institutions must ensure total compliance on the part of both the employees and the organization to manpower training rules. Organizations and stakeholders should also ensure that strict policies on corporate compliance to manpower trainings form the heart of their cardinal mission.

Keywords: corporate compliance, manpower training, nexus, rules and guidelines

Procedia PDF Downloads 103
3891 A Model for Teaching Arabic Grammar in Light of the Common European Framework of Reference for Languages

Authors: Erfan Abdeldaim Mohamed Ahmed Abdalla

Abstract:

The complexity of Arabic grammar poses challenges for learners, particularly in relation to its arrangement, classification, abundance, and bifurcation. The challenge at hand is a result of the contextual factors that gave rise to the grammatical rules in question, as well as the pedagogical approach employed at the time, which was tailored to the needs of learners during that particular historical period. Consequently, modern-day students encounter this same obstacle. This requires a thorough examination of the arrangement and categorization of Arabic grammatical rules based on particular criteria, as well as an assessment of their objectives. Additionally, it is necessary to identify the prevalent and renowned grammatical rules, as well as those that are infrequently encountered, obscure and disregarded. This paper presents a compilation of grammatical rules that require arrangement and categorization in accordance with the standards outlined in the Common European Framework of Reference for Languages (CEFR). In addition to facilitating comprehension of the curriculum, accommodating learners' requirements, and establishing the fundamental competencies for achieving proficiency in Arabic, it is imperative to ascertain the conventions that language learners necessitate in alignment with explicitly delineated benchmarks such as the CEFR criteria. The aim of this study is to reduce the quantity of grammatical rules that are typically presented to non-native Arabic speakers in Arabic textbooks. This reduction is expected to enhance the motivation of learners to continue their Arabic language acquisition and to approach the level of proficiency of native speakers. The primary obstacle faced by learners is the intricate nature of Arabic grammar, which poses a significant challenge in the realm of study. The proliferation and complexity of regulations evident in Arabic language textbooks designed for individuals who are not native speakers is noteworthy. The inadequate organisation and delivery of the material create the impression that the grammar is being imparted to a student with the intention of memorising "Alfiyyat-Ibn-Malik." Consequently, the sequence of grammatical rules instruction was altered, with rules originally intended for later instruction being presented first and those intended for earlier instruction being presented subsequently. Students often focus on learning grammatical rules that are not necessarily required while neglecting the rules that are commonly used in everyday speech and writing. Non-Arab students are taught Arabic grammar chapters that are infrequently utilised in Arabic literature and may be a topic of debate among grammarians. The aforementioned findings are derived from the statistical analysis and investigations conducted by the researcher, which will be disclosed in due course of the research. To instruct non-Arabic speakers on grammatical rules, it is imperative to discern the most prevalent grammatical frameworks in grammar manuals and linguistic literature (study sample). The present proposal suggests the allocation of grammatical structures across linguistic levels, taking into account the guidelines of the CEFR, as well as the grammatical structures that are necessary for non-Arabic-speaking learners to generate a modern, cohesive, and comprehensible language.

Keywords: grammar, Arabic, functional, framework, problems, standards, statistical, popularity, analysis

Procedia PDF Downloads 58
3890 Juridical Protection to Consumers in Electronic Contracts: Need of a Uniform International Law

Authors: Parul Sinha

Abstract:

Electronic commerce facilitates increased choice and information on goods or services for consumers but at the same time it compounds the inequality of bargaining power many consumers face when contracting with sellers. Due to the ‘inequality of bargaining power’ experienced by consumers when contracting by electronic means with business sellers in different jurisdictions, it may be difficult to determine where either the consumer is domiciled or the place where the seller is situated or conducts its business. The question arises in such situation that if one party wants to sue the other, then where can one sue? Which court has jurisdiction to try international conflicts arising from electronic contracts concluded through the internet? Will the same rules applicable to conventional contracts apply? Or should other considerations be taken into account? In all these situations the degree of consumer protection in electronic contracts comes into picture. In the light of the above, the paper discusses the jurisdiction and choice of law rules applied in EU and United States. Further, the paper considers the current uncertainty plaguing questions of jurisdiction in India. Therefore, the jurisdiction and choice of law rules for electronic contracts must be applied consistently and provide an automatic, harmonised rule in favour of the consumer’s jurisdiction and law. Lastly, the paper suggests the need for a uniform law in order to achieve effective juridical protection.

Keywords: electronic commerce, electronic contracts, jurisdiction, consumer protection

Procedia PDF Downloads 214