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TITLE [Damages]Supreme Court Decision 99Da24218 Delivered on July 11, 2003 [full Text]
Summary
[1] The elements for determining the State's liability for damages incurred by litigants due to judges' decisions in their judicial capacity [2] Whether separate proceedings are available for appeals and motions for correction of errors of a court's decision, and whether the State's liability for damages incurred from an unjust court decision is subject to such separate proceedings [3] The legal effect of a case holding that the State breached its duty and is liable for damages, where the Constitutional Court in error dismisses a complaint for constitutional review as untimely filed and separate proceedings to bring appeals and motions for correction of errors are not provided [4] Whether the State is subject to liability for damages if the Constitutional Court would have entered a dismissal on the merits in a trial under a correct calculation of statute of limitations (affirmative) [5] Whether the amount of damages for infliction of emotional distress inflicted by a tort may be determined by the fact-finding court's exercise of discretionary power (affirmative)
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