Access to Justice and Decision-Making Practice of Courts in Enforcing Claims Arising from the Use of Artificial Intelligence

Abstract

The article focuses on the impact of artificial intelligence on access to justice and the decision-making practice of courts in asserting claims from the use of artificial intelligence, on the identification and analysis of decisive facts for assessing a specific case. The article analyzes which legal area is relevant in terms of the introduction of artificial intelligence in the process of asserting claims from its use or its learning and decision-making, and how courts deal with technological innovations and the impact on access to justice in automated decision-making and learning of artificial intelligence. The article examines the factual and legal situation in the presented court decisions and evaluates the applied legal framework also from a comparative perspective (Slovak jurisdiction and selected foreign jurisdictions - USA and Germany). In the article, we identify differences in the decision-making activity of courts in selected jurisdictions, especially in areas that are affected by artificial intelligence as the subject of their decisions. The article also examines other technological and innovative factors influencing access to justice and the impact of technological reality on the activities and status of legal professions, as well as the role of legal professions in the era of artificial intelligence. Legal professions are affected by the development of technologies and various new creative possibilities for access to justice (through automated systems, chatbots, using artificial intelligence models ), but also by the impact on the market environment.