Notes, abstracts, papers, exams and problems of Law & Jurisprudence

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Subjective Rights

Classified in Law & Jurisprudence

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1 .- Concept D ° Subjective:

- Law in the objective sense is a set of legal rules governing the conduct of men

- Law in the subjective sense is contained in the substantive law (as when speaking of one or the other is because they look different aspects), is the faculty that has a subject to perform specific behavior, or refrain from it or require other The subject line of duty, serves to make, do and demand.

- These two concepts are related, since the definition of D ° objective is obtained for the individual right that could be formulated as follows: Power to act to satisfy their own interests guaranteed by law.

- There are some rights that are exercised without the consent, as the inherent rights (HR)

- We must make it clear that the... Continue reading "Subjective Rights" »

Preliminary vs. Provisional Measures in Litigation

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Difference Between Preliminary and Provisional Measures

Preliminary Measures

Preliminary measures allow the future plaintiff to gather information needed to establish the facts of the case. The main requirement is demonstrating the necessity of specific information for the proceeding to establish the case in the complaint.

Two types of information-gathering measures exist:

  • Testimony and Oral Testimony of a Person: To obtain knowledge held by someone.
  • Submission of Documents: To access relevant documents.

To request such measures, one must demonstrate a just cause and relevance to the case.

Provisional Measures

Provisional measures, requested by a future plaintiff, aim to prevent risks of a future positive judgment not being enforced. The purpose is... Continue reading "Preliminary vs. Provisional Measures in Litigation" »

Inchoate Crimes: Conspiracy, Attempt, Solicitation, and More

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Inchoate Crimes: An Overview

Definition

Inchoate crimes, also known as incomplete crimes, are actions that are not crimes in themselves but occur in conjunction with other crimes. Examples include attempted murder and conspiracy to commit robbery.

Types of Inchoate Crimes

Conspiracy

Conspiracy is the oldest inchoate crime. It involves an agreement between two or more people to commit an unlawful act. The purpose of conspiracy laws is to prevent and punish criminal partnerships from attempting substantive offenses.

Elements of Conspiracy:

  1. Agreement between two or more people
  2. Intent to commit a crime
  3. Overt act by any co-conspirator in furtherance of the conspiracy

The overt act need not be criminal but only needs to carry the project forward.

Conspiracy... Continue reading "Inchoate Crimes: Conspiracy, Attempt, Solicitation, and More" »

Legal Terminology and Criminal Justice System

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Legal Terminology

ARRAIGN OR BE ARRAIGNED: acusar o ser acusado, COUNSEL: consejo, COMBINED: conjunto, POTENTIALLY; TAXPAYERS: contribuyente, STATE: estado, RARELY; PAROLED: lib. condicional, ADDING: añadiendo, HEALTH; CARE: cuidado, INMATES: recluso, "TOUGH ON CRIME": difícil en el crimen, FULL; LESS: menos, WARMER: +calido, TURN OFF: apagar, TURN DOWN: rechazar, UNPLUG: desenchufar, THROW AWAY: tirar la basura, PUT ON: ponerse, MORE: mas, TAKE OFF: quitarse, TURN UP: aparecer, PLUG IN: enchufar, KEEP: guardar, COLDER: +frio, EMPTY: vacío, RELEASE: lanzamiento, ALLOWED: permitido, GUARANTEES: garantía, SPENT; AVAILABLE: disponible, LEAD: dirigir, DEEP: profundo, ARMED=ROBERRY: robo a mano armada, PAROLE BOAR: Junta de lib., TECHNICAL PROBLEM,... Continue reading "Legal Terminology and Criminal Justice System" »

Concept of education

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Incorporation: Is a legal process of forming an entity recognised in law

  • Unincorporated Businesses:

Are not a separate legal entity. So in law, there is no difference between the owner(s) and the business meaning that any legal action is effectively taken against the owner(s)

  • Incorporated Businesses:

The owner and the business are a separate legal entity. So in law, there is a difference between the owner(s) and the business, meaning that legal action can be taken against the business.

Liability: Being legally responsible for any debts or financial commitments of a business

  • Limited: The owners can only lose the money they have invested in the business, meaning that their risk is minimised as none of their personal possessions can be lost

  • Unlimited:
... Continue reading "Concept of education" »

You are notified" and "failing which" and "legal proceedings

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Write your text here!JUDICIAL COMMISSION OF PAKISTAN

            The Judicial Commission of Pakistan is a commission for the Appointment of Supreme Court and High Court Judges in Pakistan. The Chief Justice of Pakistan is the Chairman of Judicial Commission of Pakistan.

Basis of the Judicial Commission

On 20th April 2010, 18th Constitutional Amendment was passed in the Parliament of Pakistan. In pursuance Of the 18th Amendment, a Judicial Commission was proposed to be created to Recommend the appointment of Judges of the Superior Courts in Pakistan.

Relevant Article

            Article 175 A. Appointment of Judges To the Supreme Court, High Courts and the Federal Shariat Court.

Commission for the appointment of the Judges

... Continue reading "You are notified" and "failing which" and "legal proceedings" »

International Labor Standards and Trade Measures: Implications and Concerns

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Harmonization of standards

Two or more countries adopt a common set of standards

Mutual recognition of standards

Countries maintain their own standards, but accept the standards of others as valid and sufficient

Separate standards

Countries maintain their own standards and refuse to recognize the standards of others

  • The International Labor Organization (ILO) proposed five labor standards as basic rights, revised by OECD:
  • Prohibition of forced labor
  • Freedom of association
  • The right to organize and bargain collectively
  • An end to the exploitation of child labor
  • Nondiscrimination in employment
  • Economists express four concerns over the use of trade measures to enforce standards:
  • Effectiveness:
    • (a) only large countries or coalitions of countries can use trade
... Continue reading "International Labor Standards and Trade Measures: Implications and Concerns" »

Law 19983 on

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L4: International personality: legal recognition+IO has rights and duties. Legal per recognized by law (constituent tr). It the entity from others. Consequences of personality: rights & duties. Privileges & immunities. International responsibility, Administrative, legislative & executive functions. The document legal Personality: The Reparation for Injuries Suffered in the Service of the UN, since Then: lot of instruments which recognize it. Nowadays legal pers recognized in Legal opinions ICJ.
Count BernardotteIndicators of the Legal personality of IO: rights and duties of IOs are five: 1.Treaty making power: IO can adopt treaties.Headquarters agreements: agreement bt IO-state establishing its Headquarters. UN-USA./Agreements
... Continue reading "Law 19983 on" »

Legal and Regulatory Compliance in the Construction Industry: A Guide

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Question 1:

What Legal Requirements Does a Construction Business Need to Comply With?

Provide eight examples of items that a Construction Business needs to register for or apply for to ensure legal compliance for its owner/operator. Explain the relevance of each item.

  1. Building License: Ensures that the business and its owner/operator are qualified to perform construction work.
  2. Industry Association Membership (e.g., HIA, Master Builders): Demonstrates a commitment to industry standards and provides access to resources and support.
  3. Home Building Compensation Fund (or equivalent): Provides a safety net to homeowners in case the builder goes bankrupt or is unable to complete the work.
  4. Workers Compensation Insurance: Provides coverage for medical expenses
... Continue reading "Legal and Regulatory Compliance in the Construction Industry: A Guide" »

The Great Holiday of Albacete: A Celebration of Tradition and Culture

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The great holiday of Albacete, known simply as the fair, is declared of tourist international interest and is celebrated annually from September 7th to September 17th. The fair of Albacete is celebrated in a special place in Albacete, known as the Fair. It is a very ancient and nice place and it has a great door called the Door of Iron.

In the fair, many thousands of Albaceteños take part and many visitors come. There are many different activities for all the people, but especially there are attractions, music, dance, and food.

The fair is dedicated to the Virgin of the Plains, de los Llanos, and there is a parade of flowers where many inhabitants of the city take part.

There is always something to do, twenty-four hours a day, with all imaginable... Continue reading "The Great Holiday of Albacete: A Celebration of Tradition and Culture" »