Key Legal Concepts: Torts, Dismissal & Offenses

Legal Comparisons

Negligence vs. Intentional Tort

Negligence and intentional torts differ primarily in the mindset of the individual causing harm. Negligence occurs when someone fails to exercise reasonable care, often resulting in unintentional harm. In contrast, intentional torts, like assault or battery, involve deliberate actions intended to harm another person.

Strict Liability vs. Negligence

Strict liability and negligence share the goal of holding individuals accountable for harm caused, but their requirements for proving fault differ. Negligence requires proving that the defendant failed to exercise reasonable care, while strict liability does not require any proof of fault.

Defamation vs. Nuisance

Defamation and nuisance are distinct torts that protect different interests. Defamation involves harm to a person's reputation through false statements, such as slander or libel. In contrast, nuisance addresses the disruption of an individual’s use or enjoyment of their property, such as loud noise from a neighbor’s house.

Employment Law Concepts

Types of Dismissal

• Wrongful Dismissal: Breach of contract. The employee is dismissed because the employer did not comply with the contract.
• Unfair Dismissal: Dismissal lacking just cause or proper procedure.
• Fair Dismissal: Dismissal following due processes, like notice periods and employee feedback.

Leave Entitlements

• Annual Leave: Minimum required days off per year.
• Sick Leave: Paid time off for illness, often with statutory pay requirements.
• Parental Leave: Time off granted for child-related responsibilities.
• Compassionate Leave: Emergency leave granted for personal matters.
• Maternity Leave: Baja por maternidad

Other Legal & Employment Terms

Grievances

Quejas

Payroll

Nómina

Resignation

Dimisión

Alleged

Presunto

Redundancy

Reducción del personal

Mugging

Asalto

Smuggling

Contrabando

Libel

Difamación escrita

Bribery

Soborno

Burglary

Allanamiento de morada

Forgery

Falsificación

Battery

Agresión

Take an oath

Prestar juramento

Prima Facie

Sufficient evidence for a case to proceed.

Criminal Offenses and Definitions

Assault (Agresión)

An act that threatens physical harm to a person.

Treason (Traición)

The betrayal of one's country, often by aiding a foreign power.

Sedition (Sedición)

Conduct or speech inciting others to rebel against the authority of a state.

Hate Crime (Delito de odio)

An offense, typically violent, motivated by prejudice based on ethnicity, religion, sexual orientation, or similar grounds.

Perjury (Perjurio)

The offense of willfully telling an untruth in court while under oath.

Espionage (Espionaje)

The practice of spying or using spies, typically by governments, to obtain classified information.

Slander (Calumnia)

The act of making a false spoken statement damaging to a person's reputation (compare with Libel for written defamation).

Stalking (Acoso)

The harassment of a person involving unwanted and obsessive attention.

Money Laundering (Lavado de dinero)

The process of concealing the origins of illegally obtained money.

Smuggling (Contrabando)

The illegal movement of goods into or out of a country.

Theft (Robo)

Stealing or taking property that belongs to someone else.

Burglary (Allanamiento de morada)

Illegal entry into a building with the intention to commit a crime, typically theft.

Blackmail (Chantaje/Extorsión)

The demand for payment or another benefit in return for not revealing damaging information.