Actual problems of civil procedure control
Replenishment date: 24.03.2013
Content: 30324095626557.doc (64 KB)
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Description
Task 1. Firm "Martin" sold a large batch of German-made Adidas sneakers. Later it turned out that the sneakers were made in Hong Kong and their quality is noticeably different from the standards of the Adidas company. Many citizens turned to the urban consumer society with complaints about the Martin company, referring to the fact that the sneakers do not last even a month of wearing. The urban consumer society filed a lawsuit to protect the interests of an indefinite range of sneaker buyers who suffered losses as a result of the purchase of low-quality goods.
Determine the type of claim and its elements.
In what order will the rights of individual sneaker buyers be protected?
Task 2. The motor transport company applied to the district court with a claim against Lebedev, the driver of the company, for damages in the amount of 2 million rubles. The district court found the following: the head of the enterprise, at the request of Lebedev, allowed him to use the car to deliver the furniture he bought from the store to his apartment. Lebedev made a run-over, as a result of which the car belonging to the enterprise was damaged, the plaintiff spent 2 million rubles on its repair. The district court satisfied the claim in part, and recovered 1 million rubles from Lebedev. - the amount of his average monthly earnings.
The cassation instance, considering that Lebedev should compensate the damage in full, changed the court's decision, collecting 2 million rubles from him.
Is the definition of the cassation instance correct?
On what grounds can the second instance court change its decision?
Task 3. R. went to court with a claim to recover from G. 2 million rubles. debt. In support of the claim, R. presented a typed loan receipt of the defendant for the required amount, and also asked to interrogate witness K. The defendant did not recognize the receipt. He also stated that by virtue of Art. 162 of the Civil Code of the Russian Federation, a reference to testimony to confirm the conclusion of a loan agreement for such an amount is unacceptable. According to the conclusion of the forensic handwriting examination, the signature on behalf of G. and the amendment in the text of the receipt were probably made by G. The expert could not give a more specific conclusion due to insufficient material.
What should the court do in this case?
Task 4. Markin went to court with a complaint about the refusal of MSEC to recognize him as a disabled person, which he needs to receive a pension, taking into account his state of health. The District Judge refused to accept the complaint. Markin's private complaint was dismissed by the Judicial Collegium of the Regional Court. The presidium of the regional court, on the proposal of the regional prosecutor, canceled the ruling of both the district and regional courts, sent the case to the district court for consideration on the merits, indicating that, according to the current legislation, Markin's claims are subject to consideration in a special procedure to establish a fact of legal significance.
What mistakes were made in this case?
In what order can the interests of Markin be protected?
Determine the type of claim and its elements.
In what order will the rights of individual sneaker buyers be protected?
Task 2. The motor transport company applied to the district court with a claim against Lebedev, the driver of the company, for damages in the amount of 2 million rubles. The district court found the following: the head of the enterprise, at the request of Lebedev, allowed him to use the car to deliver the furniture he bought from the store to his apartment. Lebedev made a run-over, as a result of which the car belonging to the enterprise was damaged, the plaintiff spent 2 million rubles on its repair. The district court satisfied the claim in part, and recovered 1 million rubles from Lebedev. - the amount of his average monthly earnings.
The cassation instance, considering that Lebedev should compensate the damage in full, changed the court's decision, collecting 2 million rubles from him.
Is the definition of the cassation instance correct?
On what grounds can the second instance court change its decision?
Task 3. R. went to court with a claim to recover from G. 2 million rubles. debt. In support of the claim, R. presented a typed loan receipt of the defendant for the required amount, and also asked to interrogate witness K. The defendant did not recognize the receipt. He also stated that by virtue of Art. 162 of the Civil Code of the Russian Federation, a reference to testimony to confirm the conclusion of a loan agreement for such an amount is unacceptable. According to the conclusion of the forensic handwriting examination, the signature on behalf of G. and the amendment in the text of the receipt were probably made by G. The expert could not give a more specific conclusion due to insufficient material.
What should the court do in this case?
Task 4. Markin went to court with a complaint about the refusal of MSEC to recognize him as a disabled person, which he needs to receive a pension, taking into account his state of health. The District Judge refused to accept the complaint. Markin's private complaint was dismissed by the Judicial Collegium of the Regional Court. The presidium of the regional court, on the proposal of the regional prosecutor, canceled the ruling of both the district and regional courts, sent the case to the district court for consideration on the merits, indicating that, according to the current legislation, Markin's claims are subject to consideration in a special procedure to establish a fact of legal significance.
What mistakes were made in this case?
In what order can the interests of Markin be protected?
Additional Information
Task 5. M. applied to the court with a demand to oblige O. to demolish the shed he had erected, which was built very close to her house and blocks the access of sunlight to the windows of the house. The court made a decision with the following operative part: “To oblige O. to demolish the shed he built in the courtyard of the house on st. Kirov No. 3 until June 15 this year. If O. does not demolish the barn by the specified time, plaintiff M. may demolish the barn at the expense of defendant O. Collect state duty from O. in favor of M. The decision can be appealed to the regional court through the district court. "
What comments does the operative part of this decision evoke?
Task 6. In the case of the real division of the house, the judge demanded the conclusion of the architectural department of the mayor's office. By the beginning of the court session, this conclusion had not been received, and with the consent of the parties, the court decided to consider the case without him. At the moment when it was announced that the court had been removed to the deliberation room for making a decision, the conclusion of the architectural department was brought from the office of the court and handed over to the presiding judge. The conclusion stated that the real division of the disputed house is impossible. With this in mind, the court dismissed the claim.
Did the court do the right thing?
Task 7. The District Court granted Bashirova's claim to divorce Ivanov. In the reasoning part of the decision, the court indicated that the reason for the dissolution of the marriage was the immoral behavior of the defendant, the abuse of alcoholic beverages, which negatively affects the upbringing of children.
The defendant filed a cassation appeal, indicating that he does not object to the dissolution of the marriage, but does not agree with the reasons for the court's decision, since they do not correspond to reality and defame his honor and dignity.
Can a part of the court decision be the object of the complaint, in particular, its motives?
Task 8. When concluding a publishing agreement between F. and the Iskra publishing house, the parties included in the agreement a clause stating that all disputes arising under this agreement are subject to consideration in the regional court.
Considering that the fee for the work performed was calculated incorrectly, F. applied to the regional court with a claim to recover the fee from the publisher.
Should this statement be accepted by the regional court?
If the publisher does not pay royalties for the work performed, how can this dispute be resolved?
Assignment 9. On March 18, 2008 in the Tverskoy District Court a case was initiated on the claim of A. to N. for recognizing her as having lost the right to use the dwelling. At the hearing, the plaintiff announced that he had abandoned the claim, since he intends to submit his claim to the Perovskiy District Court at the alleged place of residence of the defendant. The court accepted the plaintiff's refusal and terminated the proceedings.
On 4 May 2008 A. filed the same claim with the Perovskiy District Court. The application was accepted, but having established that A. had previously applied to the Tverskoy District Court with the same claim, by definition of which the proceedings in the case were terminated, the Perovsky Court also terminated the proceedings.
Task 10. The District Court considered the case at the suit of the guardianship and guardianship authority against V. for deprivation of parental rights. Having completed the examination of the evidence in the case, the court announced a recess due to the fact that judge S. felt unwell. During the break it became clear that S. for health reasons could not continue to participate in the process. The court session was postponed to the next day in order to involve another judge. The next day, the court resumed the hearing, starting with the arguments of the parties, after which it delivered a decision on the case.
Has the court admitted violation of any principles in this case?