Notes, summaries, assignments, exams, and problems for Law

Concept

A regulation is a rule that creates rights and obligations for its recipients, representing a legal innovation. Regulations are generally not addressed to individuals but to a whole group. They have indefinite validity and their effectiveness is not exhausted in a single application. They can be applied over a single character's lifespan. Regulations must be written and are dictated by Public Administrations, unlike laws, which are dictated and approved by parliaments. Regulations have a subordinate nature, subject to the law, and are of lower hierarchy. A regulation cannot alter the text of a law; if it did, it would be illegal and null and void.

Terminology

Each regulation has a name according to the body that approves it:

• Regulations

Official Protocol: Set of Norms

Social: Agreements that with time become universally used and accepted.

Business: Set of Conduct Agreements

Etiquette: Set of norms that have been created to facilitate our coexistence.

• Internal: Communication codes between employees
• External: Communication and behavior with third parties

Behavior of an Executive

• Set the rules
• Value their team
• Guide an organization internal conduct and its relationships with its customers, partners, and shareholders.

Introduction Rules: 12 Golden Rules

1. Respect hierarchy
2. Loyalty
3. Time management
4. Become part of the team with an open, flexible, collaborative attitude
5. Know how to follow leadership directions

Business Travel

• Unexpected: Crisis, emergency, require fast thinking and action
• Scheduled:

Chapter 15: Negligence

1. Negligence

Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. It is an unintentional tort where the defendant acted unreasonably but did not intend to commit the act or cause harm.

Note: No punitive damages may be awarded in cases of negligence.

1. Elements of Negligence:

• Duty
• Breach of Duty
• Causation
• Damages

2. Defenses Against Negligence:

• Statute of Limitations
• Act of God
• Contributory or Comparative Negligence on the Part of the Plaintiff
• Assumption of Risk by the Plaintiff
• Immunity

5 Liability Issues:

• Lack of Supervision
• Improper Instruction or Training
• Unsafe Use of Equipment
• Improper Medical Care
• Negligence in Transportation

***Note: Nothing on product...

Defamation

Defamation is the “publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.”

Kinds of defamation:

According to English Law, defamation is of two kinds: Libel and Slander. “A libel consists of a defamatory statement or representation in permanent form; if a defamatory meaning is conveyed by spoken words or gestures it slanders.” Slander is converted into libel when spoken words are written on paper.

How libel is committed:

Printing, mark or sign exposed to view, picture, statute, waxwork etc. Libel refers to eye.

How slander is committed:

Defamation in the manual language of the deaf and dumb, and mimicry and gesticulation...

Accept an Invitation

accept an invitation to say 'yes' to an invitation or offer

Anniversary

anniversary a date that is an exact number of years after the date of an important or special event

Arrange a Trip

arrange a trip to plan or organize a trip

Book

book to arrange with a hotel, restaurant, theatre, etc. to have a room, table, seat, etc. on a particular date

Budget

budget the money that is available to a person or an organization to spend on a particular thing

Celebrate

celebrate to show that a day or an event is important by doing something special on it

Convention

convention a large meeting of the members of a profession, a political party, etc.

Corporate Entertainment

corporate entertainment activities organized by companies to entertain their customers,...

Essential Phrasal Verbs

• Set off - Start a journey
• Hand over - Give something to someone officially
• Share out - Divide something between people
• Move out - Leave your home permanently for a new home
• Set up - Establish/start something
• Spring up - Appear or develop quickly
• Come up against - Be faced with or opposed by something
• Put up - Build or erect something

Crime and Legal Vocabulary

General Terms

• Curfew - Time when someone is not allowed to leave their home.
• Witnesses - People who saw something happen and can give evidence.
• Disorderly conduct - Violent or noisy behavior in public.

Court and Legal Proceedings

• Juries - Group of people who listen to court cases and decide on a punishment.
• Judge - A person in court who has the authority to decide a punishment.

Understanding Crime: Key Definitions and Legal Terms

Crimes and Criminals

• To murder is to kill someone unlawfully and with premeditation.
• To mug is to attack and rob someone in a public place.
• To rob is to steal money or property from a person or a bank.
• To kidnap is to take somebody somewhere by force, often in order to get money for returning them (ransom).
• To steal is to take something that belongs to somebody else.
• To burgle is to get into a building and steal things.

People Involved in Crime

• A witness sees a crime.
• A culprit commits a crime.
• A victim suffers a crime.
• A suspect may be guilty of a crime.

Related Vocabulary

Paragraph A

• Groups of young people who spend time together and who are often involved in crime or drugs: gangs
• Someone whose job is

Posted Workers Directive

Definition of a Posted Worker

For the purposes of this Directive, a "posted worker" is defined as any worker who, for a limited time, carries out their work in the territory of a Member State other than the one in which they normally work. The concept of "worker" is determined by the law of the Member State where the worker is posted.

Conditions of Employment

Member States must ensure that companies guarantee posted workers the following employment terms in the host Member State, regardless of the applicable employment law:

• Maximum work periods and minimum rest periods
• Minimum paid annual holidays
• Minimum rates of pay, including overtime (excluding supplementary occupational retirement pension schemes)
• Conditions of labor supply,

Item 18: Subject of the Action

Difference Between the Author of a Crime and the Subject of an Action

The Art. CP 27 states that those criminally liable for crimes and misdemeanors are the authors and accomplices. Art. 28 adds that authors are those who commit the facts alone, jointly, or through another who uses an instrument. Also considered authors are those who directly induce another or others to act and those who cooperate in its implementation.

Perpetrator of a Crime

People who, a priori, according to the typical legal description, are able to become authors.

Types of Crime

Depending on the Characteristics of the Author

• Crimes (any subject can undertake, "who kills...")
• Special Crimes: The description of the type requires that the subject must

Commercial Acts and Regulations

General Provisions

Scope of the Commercial Code

This Code governs commercial acts and other applicable laws.

Definition of Dealers

Dealers are individuals with legal capacity to engage in trade as their ordinary occupation. This includes companies incorporated under commercial laws, foreign companies, agencies, and branches operating within the national territory.

Legal Capacity

Every person with legal capacity can contract and be bound.

Unfair Competition

Acts of unfair competition include:

• Creating counterfeit products
• Discrediting establishments, products, or activities through false statements
• Misleading the public about the nature or manufacturing methods of products

Restrictions on Commerce

Commerce is prohibited in...