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论文作者:www.51lunwen.org论文属性:短文 essay登出时间:2015-12-03编辑:zhaotianyun点击率:10766
论文字数:4837论文编号:org201511162059497867语种:英语 English地区:美国价格:免费论文
摘要:本文是法律专业essay写作范文,主要讲述了墨西哥联邦劳工法庭,从墨西哥实证角度分析解雇纠纷。
II.方法论和数据——II. Methodology and Data
Clermont & Eisenberg divide legal studies based on statistical research into three groups depending on the way in which the data is assembled. Studies of published judicial decisions, studies based on data produced by experimental work or by archival research, and studies involving analyses of publicly available, and usually governmental, databases. The present study fits into the second category, legal research based on archival data. The logic behind analyzing archival cases is simple: random samples of large dockets can provide us with useful information to analyze the patterns of litigation in a particular tribunal. This is particularly relevant when there is no information available?or only very incomplete information?on how certain type of legal dispute is resolved. In particular, information regarding labor disputes is extremely general and imprecise.
The data used for this research was obtained through a public information request under the Ley Federal de Transparencia y Acceso a la Informacion Publica Gubernamental, the law that regulates the access to public governmental information. While some of the variables used in this study are considered public information under this law, other variables are not public information, and have been obtained under a confidentiality agreement. The confidentiality agreement was negotiated with the authorities of the JFCA, who only authorized to review those cases that complied with the following characteristics: (1) closed cases that cannot be reopened by the parties anymore, (2) and cases that had been initiated in 1998 at most. Given these constraints, I was able to assemble a random sample of cases initiated between 1991 and 1998 in Tribunal 15 and Tribunal 6 & 8. Note that these years refer to the dates in which the cases were presented before the labor tribunals, and not to the dates in which the cases were actually solved.
There are two main types of cases observed in the sample: filed settlements and litigated cases. In filed settlements, the employer and employee file a jointly agreement, which is merely ratified by the tribunal. In litigated cases, the parties usually present and produce several documents, such as the employee's initial petition, the employer's response (if any), the terms of agreement reached if the case is settled, the final award issued by the tribunal if the case is not settled, and the appeals carried out by the parties. Note that litigated cases have three possible outcomes: dropped suits, settlements, and trials leading to a final decision issued by a tripartite commission. As mentioned before, the final decision is known as an award (laudo). Using the information from the documents mentioned in this paragraph, I calculated the duration and the final payment of the cases handled by Tribunal 15 and Tribunal 6 & 8. These calculations will be presented in further tables.
A comment should be made on the validity and usefulness of the results coming from the data analyzed. First, the LFT has not been substantially modified since its enactment in 1970. Second, and based on five interviews with representatives of the governm本论文由英语论文网提供整理,提供论文代写,英语论文代写,代写论文,代写英语论文,代写留学生论文,代写英文论文,留学生论文代写相关核心关键词搜索。