Understanding Landlord-Tenant Relationships. Landlord-Tenant Law governs the rights and obligations of both landlords and tenants in the context of leasing real property. Whether you're a property owner seeking to lease your space or a tenant looking for a place to call home, understanding these legal dynamics is crucial. Key Elements of Landlord-Tenant Law. Lease Agreements. At the heart of the landlord-tenant relationship lies the lease agreement. This legally binding document outlines the terms and conditions of the tenancy, covering aspects such as rent, duration of the lease, and responsibilities of both parties. Types of Leases. Leases can take various forms, including fixed-term leases and month-to-month leases. Each type comes with its own set of implications for both landlords and tenants. Rights and Responsibilities. Understanding the rights and responsibilities of both parties is essential for maintaining a healt

Exploring Intentional Torts. Intentional torts are characterized by the defendant's deliberate actions that lead to harm or injury to the plaintiff. Unlike negligence, where the focus is on the defendant's failure to exercise reasonable care, intentional torts require proof of intent. Let's delve into some key intentional torts: 1. Assault. Assault occurs when one person intentionally puts another in reasonable apprehension of an imminent harmful or offensive contact. The key is the victim's reasonable fear. Example: If someone raises a fist and threatens to punch another person, putting them in fear of imminent harm, it constitutes assault. 2. Battery. Battery involves the intentional and harmful or offensive touching of another person without their consent. It's not the harm caused but the intentional act of touching that defines battery. Example: If someone intentionally punches another person, causing physical

Separation of Powers: A Foundational Principle. 1. Defining Separation of Powers. The separation of powers is a fundamental principle of the U.S. Constitution that distributes governmental powers among the three branches to prevent the concentration of power in a single entity. Each branch has distinct functions and operates independently. Significance: Separation of powers is designed to prevent abuses of power, promote checks and balances, and ensure that no single branch becomes too dominant. Example: While the President has the power to veto legislation (executive), Congress has the authority to override that veto with a two-thirds majority vote (legislative), creating a system of checks and balances. The Executive Branch. 1. Powers and Responsibilities of the President. The executive branch, headed by the President, is responsible for implementing and enforcing laws. The President has the authority to make treaties, appoint feder

Chapter 15: Contract Interpretation and Construction. In this chapter, we explore the intricate principles governing the interpretation and construction of contracts. The understanding of how contractual terms are construed is fundamental for lawyers navigating the often complex landscape of contractual relationships. This chapter will delve into the rules, methods, and considerations involved in the interpretation of contracts. Rules of Contract Interpretation. Introduction to Contract Interpretation. Contract interpretation is an art as much as it is a science. It involves discerning the meaning and intent of the parties from the language used in the contract. Key principles include: Objective Standard: Courts generally interpret contracts based on the objective intentions of the parties. This means looking at what a reasonable person would understand from the contract's language. Plain Meaning Rule: When the language of a contract is

Session 5: Foundations of Criminal Procedure and the Exclusionary Rule and Its Application. Introduction to Criminal Procedure and Constitutional Framework: Criminal procedure is the mechanism through which the legal system addresses and adjudicates criminal offenses. It operates within the confines of the Constitution, particularly the Bill of Rights. Understanding its foundations involves exploring how the constitutional framework shapes the balance between individual rights and the government's interest in maintaining public order. This session initiates a journey into the intricate web of legal procedures by delving into the historical evolution of criminal procedure. From the colonial era to the ratification of the Constitution and the subsequent incorporation of the Bill of Rights, we'll trace the development of due process and the constitutional protections afforded to individuals accused of crimes. Due Process and Evolution of Constitution

Understanding Future Interests. Future interests in property law refer to rights that someone may have in a property but will only take effect in the future. These interests come into play after the termination of a preceding estate, often involving questions of inheritance and succession. Vested vs. Contingent Interests. A vested interest is one that is certain to take effect, whereas a contingent interest depends on the occurrence of a specific event. Distinguishing between the two is pivotal for grasping the nuances of property law. Rule Against Perpetuities. Now, let's navigate the intricate Rule Against Perpetuities, a rule designed to prevent property from being tied up indefinitely. This rule imposes a limit on the duration of future interests, ensuring that they vest within a reasonable time. Application of the Rule. To understand the Rule Against Perpetuities better, let's examine its application through real-world ex

Understanding Causation. Causation is the linchpin that connects a defendant's actions to the harm suffered by the plaintiff. It seeks to answer the fundamental question: Did the defendant's conduct cause the harm? The exploration of causation involves two key components: cause-in-fact and proximate cause. Cause-in-Fact (Actual Cause). Cause-in-fact, also known as actual cause, examines whether the defendant's actions were the direct cause of the harm. The "but for" test is commonly used to determine cause-in-fact. In other words, would the harm have occurred "but for" the defendant's actions? Example: In a car accident case, if Driver A runs a red light and collides with Driver B's car, the cause-in-fact is established by asking whether the accident would have occurred "but for" Driver A running the red light. Proximate Cause (Legal Cause). Proximate cause focuses on the foreseeability of th

Judicial Review: An Overview. 1. Defining Judicial Review. Judicial review is the power of the judiciary to review and, if necessary, invalidate actions of the executive and legislative branches that violate the Constitution. This crucial power allows the courts to ensure that government actions align with the supreme law of the land. Significance: Judicial review acts as a vital check on the powers of the other branches, safeguarding the principles enshrined in the Constitution. Example: If a law passed by Congress or an action taken by the President is challenged as unconstitutional, the judiciary has the authority to review and potentially strike down such measures. Marbury v Madison: Establishing Judicial Review. 1. Overview of Marbury v Madison. Marbury v Madison (1803) is a landmark case in U.S. constitutional law. Chief Justice John Marshall, writing for the Supreme Court, established the principle of judicial review. Ba

Types of Contract Performance. Introduction to Contract Performance. Performance is at the core of any contractual relationship. It involves the parties fulfilling their respective duties and obligations under the contract. Law students should understand the different types of performance: Complete Performance: Occurs when both parties fulfill their obligations entirely, leading to the successful conclusion of the contract. Substantial Performance: Involves fulfilling the primary and essential terms of the contract, but with minor deviations. The non-breaching party is generally still obligated to fulfill their side of the bargain. Material Breach: Occurs when there is a significant and unjustified deviation from the contract's terms, allowing the non-breaching party to be relieved of their obligations. Anticipatory Breach. Anticipatory breach, or anticipatory repudiation, happens when one party clearly communicates an intention n

Challenges to Search Warrants: Affidavits and Probable Cause. While search warrants are powerful tools, they are not immune to challenges. We'll discuss how defense attorneys may challenge the validity of search warrants, focusing on issues related to the supporting affidavit and the establishment of probable cause. Understanding these challenges is essential for both prosecution and defense in criminal cases. Evolving Standards: Reasonable Expectation of Privacy. The concept of a "reasonable expectation of privacy" is central to Fourth Amendment analysis. We'll explore how this standard has evolved over time, considering landmark cases such as Katz v United States. As technology continues to reshape our understanding of privacy, how do courts adapt their interpretation of what is considered reasonable? Intersection with the Fifth Amendment: Self-Incrimination and Searches. The Fifth Amendment protects individuals from self-incrim

Understanding Estates in Land. Estates in land are the various levels of ownership rights one can have in real property. Let's break down some key concepts: Fee Simple Estate. The fee simple estate represents the highest form of ownership, providing the owner with the broadest rights possible. They have the right to use, sell, lease, and pass the property to heirs. Life Estates. A life estate grants ownership for the duration of a person's life. After the individual's death, the property reverts to the grantor or passes to another designated individual. Concurrent Estates. Now, let's navigate the complexities of concurrent estates. These are situations where more than one person simultaneously holds an estate in the same piece of property. Joint Tenancy vs Tenancy in Common. In joint tenancy, co-owners have a right of survivorship. If one owner dies, their interest automatically passes to the surviving jo

Understanding Defenses in Tort Law. Defenses in tort cases are legal strategies and arguments used by defendants to counter claims brought against them. These defenses can vary based on the type of tort involved, the circumstances of the case, and the applicable legal principles. Common Defenses in Tort Law. Let's explore some common defenses used in tort cases: Contributory Negligence: This defense argues that the plaintiff's own negligence or carelessness contributed to their injuries. In jurisdictions that follow contributory negligence, if the plaintiff is found even slightly negligent, they may be barred from recovering any damages. Example: In a car accident case, the defendant might argue that the plaintiff was also distracted while driving, contributing to the collision. Comparative Negligence: In jurisdictions that adopt comparative negligence, the defendant argues that the plaintiff's negligence contributed to their inj

The Significance of Legislative History. 1. Exploration of Legislative History as a Source of Interpretation. Legislative history refers to the record of deliberations, debates, and documents generated during the drafting and passage of a law. Analyzing legislative history can shed light on the framers' intentions and the problems they sought to address. Significance: Legislative history is a valuable tool in constitutional interpretation. It helps courts understand the context in which a law was created, providing insights into the framers' goals and the societal issues they aimed to resolve. Example: In the case of District of Columbia v Heller (2008), which dealt with the Second Amendment and the right to bear arms, the Supreme Court analyzed the legislative history of the Second Amendment to understand the framers' intent. The Importance of Congressional Intent. 1. Understanding the Importance of Congressional Intent.

Chapter 13: Third-Party Rights and Assignments. In this chapter, we explore the intricate world of third-party rights and assignments in contract law. Contracts often involve more than just the parties who originally entered into them. Third parties can have rights and obligations under a contract, and contractual rights can be transferred or assigned to others. Understanding these concepts is crucial for any aspiring lawyer to navigate the complexities of contract law effectively. Third-Party Beneficiaries. Introduction to Third-Party Beneficiaries. In contract law, a third-party beneficiary is an individual or entity who benefits from a contract between two other parties but is not one of the contracting parties themselves. Understanding the concept of third-party beneficiaries is essential for law students: Intended Beneficiary: An intended third-party beneficiary is someone for whom the contract was specifically created to benefit. They have th

Consent Searches: Waiving Fourth Amendment Rights One exception to the warrant requirement is the consent search. When individuals voluntarily waive their Fourth Amendment rights and grant permission for a search, law enforcement can proceed without a warrant. However, understanding what constitutes valid consent is crucial. We'll examine the requirements and limitations surrounding consent searches. Plain View Doctrine: Unanticipated Discoveries The plain view doctrine allows law enforcement to seize evidence that is in plain view during a lawful observation. We'll explore the parameters of this doctrine and how it applies to situations where law enforcement comes across evidence without actively searching for it. Stop and Frisk: Balancing Officer Safety and Individual Rights Terry v Ohio introduced the "stop and frisk" doctrine, enabling law enforcement to stop and briefly detain an individual if they have reasonable su

Overview of Property Law as a Bar Exam Subject. Property law holds a significant place in legal education and practice, particularly as a critical component of the bar exam. It's the legal framework that governs rights and interests in various forms of property. To grasp its importance, we need to appreciate the broad spectrum of property, encompassing both tangible and intangible assets. Tangible vs. Intangible Property. Tangible property includes physical assets like real estate and personal belongings, while intangible property involves non-physical assets such as intellectual property rights, patents, and trademarks. Fundamental Concepts and Distinctions. Now, let's delve into one of the foundational distinctions within property law: real property versus personal property. Real Property. Real property pertains to interests in land and anything attached to it. This includes not only the land itself but also structures like

Defining Strict Liability. Strict liability is a legal doctrine that holds a party liable for certain actions or injuries regardless of their intent or level of care. Unlike negligence or intentional torts, strict liability focuses on the inherent risk associated with certain activities or products. Cases Where Strict Liability Applies. Strict liability commonly applies in the following situations: Ultra-Hazardous Activities: Activities that are inherently dangerous and pose a high risk of harm may give rise to strict liability. Examples include blasting, transporting hazardous materials, and keeping wild animals. Product Liability: Strict liability is often applied in cases involving defective products. If a product is defective and causes harm, the manufacturer or seller may be held strictly liable for the injuries. Elements of Strict Liability. To establish strict liability, certain elements must be present: Engaging in an U

Case Law and Its Role in Constitutional Interpretation. 1. Examination of the Common Law Tradition. The common law tradition, inherited from English legal principles, forms the foundation of case law. In this tradition, judges' decisions in individual cases create legal precedents that guide future rulings. Significance: Case law provides an evolving body of legal principles that adapts to societal changes and addresses novel legal questions. This flexibility is particularly crucial in constitutional law, where interpretations may need to respond to evolving societal norms. Example: The common law tradition allows judges to interpret constitutional provisions in light of changing circumstances. For instance, the application of the Fourth Amendment to emerging technologies like smartphones has been shaped through case law. 2. The Role of Case Law in Constitutional Interpretation. Case law is instrumental in interpreting and applying const

Introduction to Monetary Damages. Monetary damages, also known as compensatory damages, are the most common remedy for breach of contract. They aim to compensate the non-breaching party for their actual losses resulting from the breach. It's essential to understand the key principles of monetary damages: Direct Losses: Compensatory damages cover direct losses, such as the cost of completing the contract with another party. Foreseeability: Damages must have been foreseeable at the time of contract formation to be recoverable. Types of Monetary Damages. Monetary damages can take various forms, and it's crucial to comprehend the distinctions between them: General Damages: General damages compensate for the direct and natural losses that flow from the breach. They don't need to be specifically foreseeable but must arise in the usual course of events. Special Damages (Consequential Damages): Special damages go beyond direct los

Introduction to the Exclusionary Rule: The Exclusionary Rule is a legal doctrine that prohibits the use of evidence obtained in violation of an individual's Fourth Amendment rights. This rule serves as a safeguard to ensure law enforcement complies with constitutional protections when conducting searches and seizures. The Exclusionary Rule is a fundamental legal doctrine in the realm of criminal procedure. Its primary purpose is to safeguard an individual's Fourth Amendment rights in the context of searches and seizures. But what exactly does this rule entail, and why is it so significant? The Exclusionary Rule essentially states that any evidence obtained in violation of an individual's Fourth Amendment rights is inadmissible in court. This rule acts as a powerful deterrent, compelling law enforcement to comply with constitutional protections when conducting searches and seizures. It serves to maintain the delicate balance between effective law enforcement

Introduction to Criminal Law. Purpose and principles of criminal law. Purpose and principles of criminal law: This session introduces the fundamental principles of criminal law, emphasizing its role in defining and punishing wrongful conduct within society. Elements of a crime: Actus Reus and Mens Rea. Actus Reus refers to the physical act or conduct that constitutes a criminal offense. Mens Rea refers to the mental state or intent behind the criminal act. It involves the guilty mind or the intent to commit the offense. Categories of crimes: Felonies vs. Misdemeanors Felonies are serious criminal offenses that typically carry severe penalties, including imprisonment for more than one year. Misdemeanors are less serious offenses, often resulting in less severe penalties, such as a jail sentence of one year or less. Model Penal Code (MPC) vs. Common Law Approach Purpose and principles of criminal law: This session i

Defining Intentional Torts. Intentional torts are civil wrongs where the defendant intentionally commits an act that results in harm to the plaintiff. Unlike negligence, where the focus is on the defendant's failure to exercise reasonable care, intentional torts involve the defendant's deliberate actions. Types of Intentional Torts. Intentional torts cover a broad spectrum of wrongful acts. Let's explore some common types: Assault: Assault occurs when one person intentionally puts another in reasonable apprehension of an imminent harmful or offensive contact. The key is the victim's reasonable fear. Battery: Battery involves the intentional and harmful or offensive touching of another person without their consent. It's not the harm caused but the intentional act of touching that defines battery. False Imprisonment: False imprisonment occurs when one person intentionally restricts another's freedom of movement within a

Introduction to Statutory Law. Statutory law refers to laws passed by a legislative body, such as Congress, at the federal level or state legislatures. These laws address a wide range of issues, from criminal offenses and civil rights to environmental regulations and tax policies. Significance: Statutory law plays a crucial role in shaping constitutional interpretation. It can define and clarify the rights and responsibilities of individuals, government agencies, and other entities. Additionally, statutes can fill gaps in constitutional law or provide specific guidance on how to implement constitutional principles. Example: The Civil Rights Act of 1964 is a federal statute that addresses discrimination on the basis of race, color, religion, sex, or national origin. It complements the Fourteenth Amendment's Equal Protection Clause by providing specific protections against discrimination in areas such as employment and public accommodations. Relationshi

Introduction to Express Warranties. Express warranties are promises, affirmations, or descriptions of fact made by the seller to the buyer as part of the basis of the bargain. These warranties can be explicit statements about the product's quality, performance, or characteristics. It's essential for law students to understand the key elements of express warranties: Statements and Promises: Express warranties can be created through statements, affirmations, or promises made by the seller. Basis of the Bargain: The representation must be part of the basis of the bargain. In other words, the buyer must rely on the statement when making the purchase. Implied Warranties. Implied warranties are inherent in every sale of goods, whether or not they are expressly stated. They are not explicitly promised by the seller but are implied by law. Law students should grasp the two primary forms of implied warranties: Implied Warranty of Merchantabil

Criminal procedure focuses on the rules and principles that govern how evidence is obtained and used in criminal cases. It ensures that the legal system operates fairly, protecting the rights of both the accused and the state. To begin, let's understand the basic structure of criminal procedure: To truly understand the rules and principles governing criminal trials, search and seizure, Miranda rights, and the rights of the accused, we need to explore these concepts in more detail. Due Process and Its Evolution: Due process is a fundamental concept in criminal procedure. It ensures that individuals are treated fairly and justly by the legal system. Over the years, due process has evolved, with the Supreme Court continuously refining and expanding upon its meaning. We'll discuss landmark cases that have shaped due process, such as Gideon v Wainwright and Miranda v Arizona. Search and Seizure: The Fourth Amendment: The Fourth Amendment is a cornersto

Duty to Clients: Zealous Advocacy and Confidentiality. Lawyers have a fundamental duty to their clients. This duty includes: Zealous Advocacy: Lawyers must provide competent and diligent representation, advancing their clients' interests within the bounds of the law. This means vigorously advocating for their clients and putting their clients' interests first. Confidentiality: Lawyers are obligated to keep client information confidential. This attorney-client privilege encourages open communication and trust between lawyers and their clients. Duty to the Court: Candor and Professionalism. Lawyers also have an ethical duty to the court. This duty includes: Candor: Lawyers must be honest and forthright in their interactions with the court. This includes not presenting false evidence, making misleading statements, or engaging in any dishonest practices. Professionalism: Lawyers are expected to conduct themselves with professional

Understanding Causation. Causation is the linchpin of tort law. It establishes the direct link between the defendant's actions and the plaintiff's injuries. In essence, it answers the question: Did the defendant's conduct cause the harm suffered by the plaintiff? Two Types of Causation. Causation is typically divided into two categories: Cause-in-Fact (Actual Cause): This aspect of causation examines whether the defendant's actions were the actual cause of the harm. In other words, would the harm have occurred if the defendant had not acted in the way they did? If the answer is no, the defendant's conduct is considered the cause-in-fact of the harm. Proximate Cause (Legal Cause): Proximate cause focuses on the foreseeability of the harm. It asks whether the harm was a foreseeable consequence of the defendant's actions. Proximate cause sets limits on liability, ensuring that defendants are not held responsible for incredibly

Amendments Beyond the Bill of Rights. 1. The Fifteenth Amendment. The Fifteenth Amendment, ratified in 1870, is a pivotal component of the post-Civil War amendments. It prohibits the denial of voting rights based on an individual's race, color, or previous condition of servitude. Significance: The Fifteenth Amendment sought to enfranchise African American men who had been denied the right to vote in many parts of the United States due to racial discrimination and the legacy of slavery. It was a significant step toward achieving civil rights and political participation. Example: The Voting Rights Act of 1965, which aimed to eliminate racial discrimination in voting, draws its authority from the Fifteenth Amendment. It outlawed discriminatory voting practices like literacy tests and poll taxes. 2. The Nineteenth Amendment. The Nineteenth Amendment, ratified in 1920, granted women the right to vote. It marked a substantial expansion of suff

Rules of Contract Interpretation. Introduction to Contract Interpretation. Contract interpretation is a meticulous process aimed at unraveling the meaning and intent concealed within the language of a contract. It's an area of contract law where every word and punctuation mark matters. Here are some fundamental principles of contract interpretation: Objective Standard: The cornerstone of contract interpretation is the objective intentions of the parties. In other words, we seek to ascertain what an objective, reasonable person would understand the contract to mean. Plain Meaning Rule: If a contract's language is clear and unambiguous, courts tend to interpret it according to its plain and ordinary meaning. In essence, if the words have a clear, commonly understood meaning, that meaning prevails. Ambiguity: Ambiguity is the adversary of contract clarity. It arises when the terms in a contract are unclear or capable of multiple interpretation

Defining Hearsay: Understanding the fundamental concept of hearsay. Recognizing that hearsay involves out-of-court statements offered for the truth of the matter asserted. The Hearsay Rule: Learning the basic hearsay rule, which generally excludes hearsay evidence. Grasping the rationale behind this rule and its connection to the reliability of evidence. Hearsay Exceptions: Exploring various exceptions that allow certain hearsay statements to be admitted. Understanding the conditions and justifications for these exceptions. Confrontation Clause and Crawford v Washington: Learning about the Sixth Amendment&#39;s Confrontation Clause. Analyzing the landmark Supreme Court case Crawford v Washington and its impact on hearsay. Case Study and Questions: Applying the principles of hearsay to a fictional case scenario. Addressing questions to test your knowledge of hearsay and its exceptions.</

The Right to Appeal. The right to appeal a criminal conviction is a fundamental aspect of the justice system. It allows a convicted individual to challenge the verdict or the sentence imposed. Key points regarding the right to appeal include: Grounds for Appeal: Appeals can be based on various grounds, including errors in the trial process, legal misinterpretations, and newly discovered evidence. Appellate Courts: Appeals are typically heard by appellate courts, which review the decisions made by trial courts. Appellate courts do not re-try the case but instead examine the record for legal errors. Appellate Briefs: The appellant (the party appealing) and the appellee (the opposing party) submit written arguments called appellate briefs. These briefs present legal arguments and cite relevant precedents. Post-Conviction Remedies. In addition to appeals, individuals have access to post-conviction reme

Defenses play a crucial role in the legal landscape. They are the shield that defendants wield in response to tort claims. In this episode, we&#39;ll dissect the world of defenses in Tort Law, understanding the various strategies and arguments that can be used to counter tort claims. Whether you&#39;re a law student, a legal practitioner, or just curious about the legal intricacies, this episode will provide you with a comprehensive understanding of the defenses available in tort cases. Understanding Defenses in Tort Law. Defenses in tort cases serve as a means for defendants to avoid or mitigate liability. They come in various forms and are rooted in legal principles. Let&#39;s explore some common defenses: Contributory Negligence: This defense argues that the plaintiff&#39;s own negligence or carelessness contributed to their injuries. In jurisdictions that follow contributory negligence, if the plaintiff is found even slightly negligent, they may be

Safeguarding Fair and Just Criminal Trials. The Sixth Amendment to the United States Constitution plays a pivotal role in ensuring that criminal defendants are afforded a fair and just trial. This amendment outlines a set of fundamental rights designed to protect individuals facing criminal charges and to preserve the integrity of the criminal justice system. Let&#39;s delve into the key components of the Sixth Amendment: 1. Right to a Fair and Speedy Trial. The Sixth Amendment grants individuals the right to a fair and speedy trial. This means that criminal cases should be resolved without undue delay, and defendants should have the opportunity to present their case promptly. Significance: The right to a speedy trial is essential to prevent individuals from languishing in jail for extended periods before trial. It also ensures that evidence and witnesses remain available and reliable. Example: If a person is arrested and charged with a crime, the

Landmark Case: Beswick v Beswick (1968). Beswick v Beswick is an important case that illustrates the application of third-party rights and assignments. In this case, a nephew was promised certain benefits under a contract between his uncle and a company. When the uncle passed away, the company refused to honor the agreement. The court held that the nephew was an intended third-party beneficiary with the right to enforce the contract. Restrictions on Assignment and Delegation. While assignments and delegations are generally permissible, there are some restrictions and limitations that law students should be aware of: Prohibition in the Contract. The terms of the original contract may expressly prohibit assignment or delegation. When this prohibition is in place, assignments or delegations may be invalid. Material Change of Obligations. If an assignment or delegation results in a significant change in the obligor&#39;s obligations under

Authentication of Evidence. Defining Evidence Authentication and its Significance: Authentication of evidence is a fundamental concept in the field of evidence law. It involves the process of establishing the genuineness and reliability of evidence to ensure that it is what it purports to be. Authenticating evidence is of utmost importance as it safeguards the integrity of legal proceedings, promotes fairness, and helps prevent the introduction of false or misleading information. The significance of evidence authentication lies in its role as a gatekeeper for admissibility. Before evidence can be presented in court, it must meet the threshold of authenticity. In other words, parties wishing to introduce evidence must demonstrate that it is indeed what they claim it to be. This process not only ensures the reliability of the evidence but also safeguards the rights of the opposing party, ensuring they are not subjected to deceptive or inaccurate information. <

Factors Influencing Sentencing Decisions. Sentencing decisions are complex and take into account various factors. While specific laws and sentencing guidelines vary by jurisdiction, here are some common factors that influence sentencing decisions: Nature and Severity of the Crime: The type of crime and its seriousness are primary considerations. More severe crimes often result in harsher penalties. Criminal History: A defendant&#39;s prior criminal record can significantly impact their sentence. Repeat offenders may face longer sentences. Victim Impact: The harm suffered by the victim, including physical, emotional, and financial consequences, is considered. Mitigating and Aggravating Factors: Certain factors can mitigate or aggravate a sentence. Mitigating factors might include remorse, cooperation with law enforcement, or a lack of prior criminal history. Aggravating factors could involve hate c

Understanding Strict Liability. To kick things off, let&#39;s break down the concept of strict liability in Tort Law. Strict liability is a legal doctrine that holds individuals or entities responsible for the harm they cause, regardless of their intent or level of care. Unlike negligence, where fault or wrongdoing must be proven, strict liability focuses solely on the act itself and its consequences. Key Elements of Strict Liability. Strict liability cases typically involve the following key elements: 1. Inherently Dangerous Activities or Products: Strict liability often applies to activities or products that are inherently dangerous, meaning they carry a high risk of harm even when all precautions are taken. 2. Causation: The plaintiff must establish a direct link between the defendant&#39;s activity or product and the harm suffered. 3. Damages: To succeed in a strict liability claim, the plaintiff must demonstrate that they suffered actua

The Fifth Amendment: Protecting Individual Rights in the Criminal Justice System. The Fifth Amendment to the United States Constitution is a critical safeguard of individual rights in the criminal justice system. It encompasses several fundamental principles that protect individuals from government overreach and ensure fair treatment during legal proceedings. Let&#39;s dive into its key components: 1. Right to Remain Silent (Miranda Rights). One of the most well-known aspects of the Fifth Amendment is the right to remain silent, often associated with the Miranda warning. This warning, issued by law enforcement upon arrest, informs individuals of their right to remain silent and their right to an attorney. The warning stems from the landmark Supreme Court case Miranda v. Arizona (1966). Significance: The right to remain silent protects individuals from self-incrimination, ensuring that they cannot be forced to testify against themselves. It allows individu

Documentary Evidence Defined. Defining Documentary Evidence and its Importance in Legal Proceedings: Documentary evidence constitutes a foundational component of legal proceedings, serving as a pivotal source of information, facts, and records that can substantiate claims, establish the basis of a case, or refute allegations. The significance of documentary evidence lies in its ability to offer an objective, tangible record of events, transactions, and communication, thus providing a reliable basis for assessing the veracity of claims in legal disputes. Documentary evidence encompasses a diverse range of written, recorded, or visual materials. This can include contracts, emails, invoices, business records, photographs, letters, reports, and more. As a critical component of legal practice, these documents facilitate the establishment of facts, the presentation of arguments, and the pursuit of justice. Recognizing that Documentary Evidence Includes Written

In contract law, a third-party beneficiary is an individual or entity who benefits from a contract between two other parties but is not one of the contracting parties themselves. Understanding the concept of third-party beneficiaries is essential for law students: Intended Beneficiary: An intended third-party beneficiary is someone for whom the contract was specifically created to benefit. They have the legal right to enforce the contract. Incidental Beneficiary: An incidental third-party beneficiary is someone who benefits from a contract indirectly but was not the intended recipient of the contract&#39;s benefits. Incidental beneficiaries do not have the right to enforce the contract. Rights of Intended Beneficiaries. Law students should grasp the rights and obligations of intended third-party beneficiaries: Enforcement Rights: Intended beneficiaries can typically enforce the contract and sue for specific performance or damages if the contracting

Attorney-Client Privilege. Defining Attorney-Client Privilege and its Significance: The attorney-client privilege is a legal doctrine that protects confidential communications between an attorney and their client from disclosure in court proceedings. This privilege is grounded in the fundamental principle that clients should be able to speak openly and honestly with their attorneys without fear that their communications will be used against them in court. The attorney-client privilege is a critical aspect of the legal system, as it promotes trust and transparency between clients and their legal counsel. Recognizing that Communications Between Attorneys and Clients are Generally Protected from Disclosure in Court: Under the attorney-client privilege, certain communications made in confidence between an attorney and their client are shielded from disclosure, even if those communications would otherwise be relevant and admissible as evidence in a legal case.

The Fourth Amendment: Protection Against Unreasonable Searches and Seizures. The Fourth Amendment to the U.S. Constitution safeguards individuals from unreasonable searches and seizures by the government. Key principles include: Warrants: Generally, the government must obtain a warrant based on probable cause to conduct a search or seizure. Warrants specify the place to be searched and the items or individuals to be seized. Probable Cause: To obtain a warrant or justify a search or seizure without one, law enforcement must have probable cause, which means a reasonable belief that a crime has been or is being committed. Exceptions: There are exceptions to the warrant requirement, such as searches incident to arrest, plain view doctrine, and consent searches. These exceptions are carved out based on the need for law enforcement to act swiftly or when individuals voluntarily consent to searches. The Exclusionary Rule: Deterrence of Unlawful Searches a

Intentional torts are a fascinating and critical area of Tort Law. In this episode, we&#39;ll explore what intentional torts are, delve into various types of intentional torts, understand the essential elements required to prove an intentional tort claim, and explore defenses that defendants can use in such cases. Whether you&#39;re a law student, legal practitioner, or simply interested in the intricacies of the law, we&#39;re here to provide you with a comprehensive understanding of intentional torts. Understanding Intentional Torts. Intentional torts are a category of civil wrongs where the defendant intentionally engages in conduct that results in harm or injury to the plaintiff. Unlike negligence cases, where the focus is on the defendant&#39;s failure to exercise reasonable care, intentional torts center on the defendant&#39;s deliberate actions. Types of Intentional Torts. Let&#39;s begin by exploring some common types of intentional torts:

In this session, we will explore the Fourth Amendment to the United States Constitution, a pivotal component of the Bill of Rights. The Fourth Amendment serves as a crucial safeguard against unreasonable searches and seizures by the government. It outlines the conditions under which searches and seizures are considered lawful, emphasizing the importance of warrants and probable cause. Throughout this session, we will delve deep into the Fourth Amendment, dissecting its key provisions, examining landmark Supreme Court cases, and providing real-world examples to illustrate its practical implications. Introduction to the Fourth Amendment. The Fourth Amendment to the United States Constitution reads as follows: &quot;The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particular

In this chapter, we will explore the various remedies available to parties in cases of breach of contract. Remedies serve to compensate the non-breaching party for their losses and aim to restore them, as much as possible, to the position they would have been in had the contract been fully performed. Damages: Compensatory, Consequential, and Incidental. Compensatory Damages. Compensatory damages are the most common form of remedy for breach of contract. These damages aim to compensate the non-breaching party for their actual losses resulting from the breach. Key points include: Direct Losses: Compensatory damages cover direct losses, such as the cost of completing the contract with another party. Foreseeability: Damages must have been foreseeable at the time of contract formation to be recoverable. Consequential Damages (Special Damages). Consequential damages, often referred to as special damages, go beyond direct losses and include

Today we will cover: Expert Witnesses Defined: Expert witnesses are individuals with specialized knowledge, skill, experience, training, or education in a particular field relevant to the legal case at hand. Their role in legal proceedings is to provide expert opinions and insights based on their expertise. They assist the trier of fact, such as a judge or jury, in understanding complex issues beyond the scope of common knowledge. Qualifying as an Expert: The process of establishing a witness as an expert involves several steps. Courts use different standards to admit expert testimony, with two prominent ones being the Daubert standard and the Frye standard: Daubert Standard: The Daubert standard, derived from the U.S. Supreme Court case Daubert v. Merrell Dow Pharmaceuticals (1993), emphasizes the reliability and relevance of expert testimony. To qualify as an expert under this standard, the court considers factors such as whether the expert&#39;s

Welcome back, diligent legal scholars. In this session, we&#39;ll explore the fascinating and intricate world of white-collar crimes. These offenses typically involve deceit, financial misconduct, and violations of trust within the business and financial sectors. Today, we&#39;ll focus on three prominent white-collar crimes: fraud, embezzlement, and insider trading. Let&#39;s start with Fraud: Deceptive Practices for Financial Gain. Fraud is a broad category of white-collar crime that involves deliberate deception for financial or personal gain. Key elements of fraud include: A false statement, representation, or concealment of material information. Intent to deceive or defraud. Reliance on the false information by the victim. Damages or harm suffered by the victim as a result. Fraud can take many forms, such as securities fraud, mortgage fraud, identity theft, and healthcare fraud. Next, Embezzlement: Misappropriation of Funds

To set the stage, imagine a situation where a driver runs a red light and collides with another vehicle, causing injuries to the occupants. Causation becomes a critical element in establishing that the driver&#39;s actions were the direct cause of the injuries sustained. One of the landmark cases that sheds light on the concept of causation is &quot;Palsgraf v Long Island Railroad Co.&quot; In this case, a plaintiff was injured in a train station when a package containing fireworks was dropped by a railway employee. The court had to determine whether the railroad&#39;s actions were the proximate cause of the plaintiff&#39;s injuries. To delve deeper into causation, let&#39;s explore two key aspects: &quot;cause-in-fact&quot; and &quot;proximate cause.&quot; Cause-in-Fact: This aspect of causation, often referred to as &quot;but-for causation,&quot; examines whether the plaintiff&#39;s injury would not have occurred &quot;but for&quot; the defendant&#39;s actions

Part 3: The Third Amendment - Limits on Quartering Soldiers in Modern Times. Welcome to the third part of Session 3, where we continue our exploration of the Bill of Rights by examining the Third Amendment. While the Third Amendment may not be as frequently litigated as some others, it still holds relevance in modern times as it places limits on the quartering of soldiers in private homes. The Third Amendment Text. Let&#39;s begin by examining the text of the Third Amendment: Third Amendment Text: &quot;No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.&quot; Historical Context. To understand the Third Amendment&#39;s significance, it&#39;s essential to consider the historical context in which it was drafted. The amendment was a response to the Quartering Act of 1765 and the experiences of colonists during the American Revolution. <p

Welcome back. Today we’ll cover Chapter 8: Remedies for Breach of Contract. Understanding the available remedies for breach of contract is crucial for law students to navigate contract disputes and provide effective legal counsel: a) Damages: Damages are the most common remedy for breach of contract. Law students should explore the different types of damages: - Compensatory Damages: These aim to put the non-breaching party in the position they would have been in if the contract had been fully performed. The goal is to compensate for actual losses or damages suffered as a result of the breach. - Consequential Damages (Special Damages): These are damages that result indirectly from the breach and were foreseeable at the time of contract formation. They go beyond direct losses and encompass additional costs or losses caused by the breach. - Nominal Damages: When a breach occurs, but no actual damages are proven, nominal damages may be awarded a

Welcome back to our Evidence Law class! In this session, we will dive into one of the most critical and complex aspects of evidence law: the hearsay rule and its exceptions. Understanding when and how hearsay evidence can be admitted is essential for any aspiring lawyer. Let’s begin. 1. Hearsay Defined: - Defining hearsay and why it is generally inadmissible. - Recognizing that hearsay is an out-of-court statement offered for the truth of the matter asserted. 2. Hearsay Exceptions: - Exploring the common exceptions to the hearsay rule, including: - Present sense impression. - Excited utterance. - Declaration against interest. - Dying declaration. - Business records. - Prior inconsistent statements. 3. Rationale for Hearsay Exceptions: - Understanding the underlying reasons for allowing certain hearsay exceptions, such as reliability and necessity.

Greetings, eager legal minds. Today, we delve into the fascinating world of inchoate crimes. These offenses involve criminal actions that fall short of the completed crime but still merit legal consequences. We&#39;ll be focusing on three key inchoate crimes: solicitation, conspiracy, and attempt. Solicitation: Encouraging Criminal Conduct. Solicitation occurs when one person tries to persuade, entice, or induce another person to commit a crime. Key elements include: - The intent to have the other person commit a specific crime. - An overt act or communication that encourages or requests the commission of the crime. It&#39;s important to note that solicitation can be punished even if the solicited crime is never actually committed. Conspiracy: Agreement to Commit a Crime. Conspiracy involves an agreement between two or more individuals to commit a crime. Key eleme

Welcome back to &quot;Mastering the Bar Exam: Torts.&quot; In this episode, we&#39;ll dive into the world of damages in Tort Law, exploring the various types of damages that can be awarded in tort cases and the principles that guide their assessment. To set the stage, consider a scenario where a pedestrian is struck by a careless driver, leading to severe injuries. Understanding the concept of damages is crucial in determining the compensation that the injured party may be entitled to. One of the landmark cases that sheds light on the assessment of damages in Tort Law is &quot;Parker v. South Eastern Railway Company.&quot; This case involved a plaintiff who was injured due to the defendant&#39;s negligence, leading to a legal battle over the extent of damages owed. To reinforce your understanding, let&#39;s engage in an interactive exercise. Imagine a situation where a person&#39;s reputation is severely damaged due to false statements made by a business competi

Welcome to the second part of Session 3, where we continue our exploration of the Bill of Rights, focusing on the Second Amendment. This amendment has been at the center of an ongoing and passionate debate over gun rights and gun control in the United States. The Second Amendment Text. Let&#39;s begin by examining the text of the Second Amendment: Second Amendment Text: &quot;A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.&quot; Historical Context. To understand the Second Amendment, it&#39;s essential to consider its historical context. The amendment was ratified in 1791, shortly after the United States gained independence from British rule. At that time, the Founding Fathers were deeply concerned about the potential for tyranny and the need to ensure the security of the new nation. Two Clauses - A Well-Regulated Militia and Individual Right.</

Types of Contract Performance. Understanding the various types of contract performance is essential for law students to grasp the complexities of contract law. Contracts can be performed in several ways: a) Complete Performance: This occurs when both parties fulfill their contractual obligations as specified in the contract. The contract is then discharged, and both parties are relieved of further obligations. b) Substantial Performance: In cases of substantial performance, one party has mostly fulfilled their obligations under the contract, but there may be minor, non-material deviations from the contract terms. The non-breaching party is generally entitled to the contract price minus any damages resulting from the deviations. c) Partial Performance: Partial performance involves one party performing only some of their contractual obligations. In such cases, the non-breaching party may be entitled to partial payment or specific performance of

No for today’s Topics: Character Evidence Defined: Defining character evidence and its relevance in legal proceedings. Distinguishing between character evidence related to conduct and character evidence related to reputation. Character Evidence in Criminal Cases: Character evidence in support of a defendant&#39;s good character. Prosecution&#39;s limited use of character evidence to rebut the defendant&#39;s claim. Character Evidence in Civil Cases: It&#39;s more restricted role in civil cases compared to criminal cases. The admissibility of character evidence to prove a person&#39;s propensity to act in a certain way. Exceptions and Special Circumstances: Exploring exceptions where character evidence may be admitted, such as in cases of sexual assault or child custody disputes. Balancing the probative value of character evidence against its prejudicial impact. Now for some Examples and Case S

The Insanity Defense: M&#39;Naghten, Irresistible Impulse, Durham. The insanity defense is a complex and controversial area of criminal law. It asserts that the defendant should not be held criminally responsible for their actions due to a mental illness or defect at the time of the offense. Let&#39;s explore some of the prominent insanity defenses: M&#39;Naghten Rule: Under the M&#39;Naghten rule, a defendant may be found not guilty by reason of insanity if they were unable to understand the nature and quality of their actions or if they did not know that their actions were wrong due to a mental disorder. Irresistible Impulse: This defense focuses on the defendant&#39;s inability to control their actions as a result of a mental disorder, even if they understood that their actions were wrong. It emphasizes the concept of volitional impairment. Durham Rule: The Durham rule, also known as the &quot;product&quot; test, states that a defendant is not criminal

In this episode, we&#39;ll turn our attention to defenses in Tort Law, examining the strategies and arguments that can be used to counter tort claims. Picture a scenario where a property or homeowner owner is being sued for negligence after a guest tripped on a slightly uneven floorboard. The property owner might employ a defense to counter the claim, arguing that they took reasonable care to maintain the property. An illustrative case that exemplifies the use of defenses in Tort Law is &quot;Assumption of Risk.&quot; In this case, a participant in an extreme sports event signed a waiver acknowledging the risks involved. The court had to determine if the participant assumed the risks associated with the activity, which could serve as a defense against a potential negligence claim. One notable case that highlights the importance of defenses in Tort Law is &quot;Brown v. Smith.&quot; In this case, a defendant argued that the pla

The Bill of Rights - Protecting Individual Liberties. Instructor: The Bill of Rights consists of the first ten amendments to the U.S. Constitution. These amendments were added shortly after the Constitution&#39;s ratification to address concerns about the protection of individual liberties and to limit the powers of the federal government. The Importance of the Bill of Rights. Instructor: The Bill of Rights holds immense importance in our constitutional system for several reasons: 1. **Protecting Individual Rights:** The Bill of Rights guarantees fundamental rights and freedoms to every American citizen, ensuring that government power does not infringe upon individual liberties. 2. **Limiting Government Power:** It serves as a check on government authority, particularly that of the federal government, by delineating specific areas where it cannot encroach upon individual rights. <br

Chapter 6: Writing and Formality Requirements. Statute of Frauds. The Statute of Frauds is a legal principle that requires certain types of contracts to be in writing to be enforceable. Law students should explore the Statute of Frauds and its various requirements: a) Covered Contracts: The Statute of Frauds typically applies to contracts for the sale of real property, contracts that cannot be performed within one year, contracts for the sale of goods over a certain value, and promises to answer for the debt of another. b) Writing Requirements: Contracts subject to the Statute of Frauds must be in writing or evidenced by a written memorandum that includes essential terms and is signed by the party to be charged. c) Exceptions: Certain contracts, such as those fully performed, admissions in court, and part performance of oral real estate contracts, may be exceptions to the Statute of Frauds. Exceptions to the Statute of Frauds. Law stu

Welcome back to our Evidence Law class! In this session, we&#39;ll delve into the intricacies of witnesses and their testimony. Witnesses play a vital role in presenting evidence and helping establish the truth in legal proceedings. By the end of this session, you&#39;ll have a comprehensive understanding of witness credibility, examination, and cross-examination. Topics Covered: Witness Credibility: Factors affecting witness credibility: demeanor, consistency, bias, and personal interest. Assessing the credibility of lay witnesses and expert witnesses. Direct Examination: Purpose and techniques of direct examination. Open-ended questions to elicit a comprehensive narrative from witnesses. Cross-Examination: Role and significance of cross-examination in challenging witness testimony. Effective strategies for cross-examination, including leading questions and impeachment. Refreshing Recollection: Use

Rape and Sexual Assault: Definitions and Elements. Sexual offenses encompass a range of acts, but two primary categories are rape and sexual assault: Rape: Rape is defined as the non-consensual sexual intercourse with another person. Key elements include lack of consent and the act of sexual penetration. Laws regarding rape vary by jurisdiction, so it&#39;s essential to be aware of your local definitions and requirements. Sexual Assault: Sexual assault is a broader term that can encompass a range of non-consensual sexual acts, not limited to intercourse. It may include acts such as sexual touching, groping, or other forms of sexual contact without consent. In both cases, the central element is the absence of consent. Consent must be freely given, informed, and unequivocal. Any form of coercion, force, or incapacity to consent can negate the presence of consent. Consent and Force in Sexual Offenses. Understanding the concept of consent is par

Welcome back to Mastering the Bar Exam: Torts. In this episode, we&#39;ll continue our journey through Tort Law by exploring strict liability—an area that emphasizes accountability regardless of fault. Imagine a scenario where a manufacturing company releases a product that, despite all precautions, ends up causing harm to consumers. Strict liability becomes relevant when certain activities or products are inherently dangerous, and the responsible party is held liable for any resulting harm, regardless of fault. One of the landmark cases that shaped the concept of strict liability is &quot;Rylands v. Fletcher.&quot; In this case, a defendant&#39;s reservoir burst, flooding a neighboring property. The court established the principle of strict liability for activities that involve the non-natural use of land and can cause harm. To reinforce your understanding, let&#39;s engage in an interactive exercise. Imagine a scenario where a fireworks manufacturer exp

Session 6 - Preamble and Articles of the Constitution. Part 6: Federalism - The Division of Powers Between Federal and State Governments. Welcome back to the sixth part of our session on the Preamble and Articles of the U.S. Constitution. In the previous segments, we examined the significance of the Preamble, scrutinized each Article of the Constitution, discussed the Amendments, and explored the principles of judicial review. Today, we will delve into another core principle of our constitutional system: federalism and the intricate balance of powers between the federal government and the states. Introduction to Federalism. Federalism is a fundamental aspect of the U.S. Constitution that shapes the distribution of powers and responsibilities between the federal government and individual state governments. This system was designed to strike a delicate balance, preventing either level of government from becoming too dominant. Federal Powers - Enumera

Chapter 5: Mutual Assent and Defenses to Contract Formation. Meeting of the Minds. The principle of mutual assent is at the core of contract formation, emphasizing that both parties must have a clear understanding and agreement on the terms of the contract. Law students should explore the concept of a &quot;meeting of the minds&quot;: a) Objective Theory of Contracts: Courts use an objective standard to determine whether a meeting of the minds has occurred, focusing on the parties&#39; outward expressions and actions rather than their subjective intentions. b) Offer and Acceptance: Mutual assent requires the offer and acceptance to correspond in terms and be communicated effectively. c) Silence as Acceptance: Generally, silence does not constitute acceptance, but there are exceptions based on prior dealings or industry practices. Mistake, Misrepresentation, and Fraud. Law students should delve into situations where mutual assent might

Welcome back to our Evidence Law class! In this session, we will explore the crucial concepts of relevance and admissibility in depth. These principles are essential for determining which evidence can be presented in court. By the end of this session, you will have a solid understanding of how these criteria shape the admissibility of evidence. Today Topics to be Covered: 1. Relevance of Evidence: - Defining relevance: Evidence must have a logical connection to the facts at issue in the case. - Standard for determining relevance: Whether the evidence makes the existence of a fact more or less probable. 2. Exclusion of Irrelevant Evidence: - Ensuring efficiency and focus in legal proceedings by excluding evidence that is not pertinent to the case. - Balancing probative value against potential for confusion or waste of time. 3. Admissibility Criteria: - Hearsay rule: Underst

Greetings, future legal practitioners. In our quest to master the intricacies of criminal law, we now turn our attention to theft crimes. Theft is a widespread offense that involves taking someone else&#39;s property without their consent. It&#39;s a multifaceted area of law, encompassing various forms of wrongful taking. Let&#39;s delve into the details. Types of Theft: Larceny, Embezzlement, False Pretenses, Robbery. Theft crimes can take several forms, each with distinct legal elements: Larceny: Larceny is the unlawful taking and carrying away of another person&#39;s property with the intent to permanently deprive them of it. Key elements include the intent to steal and the physical taking of property. Embezzlement: Embezzlement involves the fraudulent conversion of property that has been entrusted to the defendant. The defendant misappropriates the property for their own use. False Pretenses: False pretenses occur when the defendant obtains som

In this episode, we&#39;ll shift our focus to intentional torts—an intriguing area that examines the consequences of deliberate Imagine a situation where someone intentionally punches another person, causing physical harm. Intentional torts come into play when a person&#39;s deliberate actions lead to harm or injury to another individual. One of the most well-known intentional tort cases is &quot;Battery.&quot; In this case, a defendant had intentionally touched the plaintiff in an offensive and harmful manner, without their consent. The court had to determine if the defendant&#39;s actions constituted a battery. Let&#39;s engage in another interactive exercise to reinforce your understanding. Consider a scenario where a person spreads false and damaging rumors about a coworker, causing harm to their reputation. Identify the intentional tort involved and discuss its elements. Here is the Model Answer: The intentional tort involved in this scenario is &quo

Session 5 - Preamble and Articles of the Constitution. Part 5: The Concept of Separation of Powers and the Relationship Among the Three Branches. Welcome back to the fifth part of our session on the Preamble and Articles of the U.S. Constitution. In the preceding segments, we explored the significance of the Preamble, analyzed each Article of the Constitution, discussed the Amendments, and delved into the principles of judicial review. Today, we will shift our attention to a core principle of our constitutional system: the separation of powers and the intricate relationship among the three branches of government. Introduction to Separation of Powers. The principle of separation of powers lies at the heart of the U.S. Constitution. It divides the powers and functions of government among three distinct branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. Legislative Branch - Lawmaking and Representation. <p

Capacity of Parties to Contract. Capacity refers to the legal ability of parties to enter into a contract. Law students should delve into the various factors that affect a party&#39;s capacity to contract: a) Minors: Minors (individuals under the age of majority) generally lack the capacity to enter into contracts. Contracts with minors are voidable at the minor&#39;s option, although certain contracts, such as those for necessities, may be binding. b) Intoxicated or Mentally Incapacitated Individuals: Contracts entered into by individuals who are intoxicated or suffering from mental incapacity may be voidable if the party lacked the capacity to understand the terms and consequences of the contract. c) Corporations and Other Entities: Capacity of entities to contract is determined by their legal status and governing documents. Ultra vires acts (actions beyond the entity&#39;s legal powers) may be unenforceable. Minors and Incapacity. When it

Welcome to our Evidence Law class! In this session, we&#39;ll provide a comprehensive introduction to evidence law and its significance within the legal system. By the end of this session, you&#39;ll have a solid grasp of how evidence functions in legal proceedings. Topics to be Covered: Understanding Evidence Law: Definition of evidence and its pivotal role in legal contexts. Distinguishing between substantive law, which defines rights and obligations, and procedural law, which outlines legal processes. The Objectives of Evidence Law: Establishing factual information and truth during a case. Safeguarding fairness and due process in legal proceedings. Enhancing the reliability of judicial decisions by basing them on credible information. Categories of Evidence: Real evidence: Tangible items presented in court, such as weapons, documents, or photographs. Documentary evidence: Written or recorded materials, l

Class Session 3: Assault and Battery. Greetings, legal scholars. Today, we&#39;re delving into another fundamental aspect of criminal law: assault and battery. These terms are often used interchangeably, but they represent distinct offenses with their own legal elements. Let&#39;s explore further. Defining Assault and Battery. Assault and battery are two separate offenses, each involving different actions and legal requirements. Assault: Assault refers to the intentional act that causes another person to reasonably fear an imminent harmful or offensive contact. It&#39;s important to note that no physical contact is required for an assault to occur. The focus here is on the victim&#39;s apprehension of impending harm. Battery: Battery, on the other hand, involves the intentional harmful or offensive physical contact with another person. Unlike assault, battery requires actual physical contact between the defenda

Welcome back to &quot;Mastering the Bar Exam.&quot; In this episode, we&#39;ll delve into negligence—a key area of Tort Law that explores the concept of reasonable care and liability for failure to exercise it. Here’s an example. Consider a scenario where a driver fails to yield the right of way at an intersection and causes a collision. Negligence comes into play when the driver&#39;s failure to exercise reasonable care leads to harm. A classic case that illustrates the principles of negligence is &quot;Brown v. Kendall.&quot; In this case, two men were fighting, and one of them swung a stick to separate the dogs that were also involved in the altercation. The stick accidentally hit the other man&#39;s eye, causing injury. The court had to determine whether the defendant&#39;s actions were negligent. Let&#39;s engage in an interactive exercise to solidify these concepts further. Imagine a scenario where a restaurant owner fails to clean up a spill on the

Welcome back to the fourth part of our session on the Preamble and Articles of the U.S. Constitution. In the previous segments, we explored the significance of the Preamble, examined each Article of the Constitution, and delved into the Amendments, particularly the Bill of Rights and other crucial additions. Today, we will shift our focus to the principles of judicial review and the pivotal role that the judiciary plays in interpreting and applying the Constitution. Introduction to Judicial Review. Instructor: One of the foundational principles of our constitutional system is judicial review, which empowers the judiciary to review and, if necessary, invalidate laws and government actions that are inconsistent with the Constitution. This principle emerged from the landmark case of Marbury v. Madison. Marbury v. Madison - The Power of Judicial Review. In 1803, the U.S. Supreme Court, under Chief Justice John Marshall, decided the case of Marbury v. Madison.

3.1 Definition and Importance of Consideration. Consideration is a fundamental concept in contract law that involves the exchange of something of value between the parties as a prerequisite for a valid contract. Law students should delve into the characteristics and importance of consideration: a) Bargained-for Exchange: Consideration requires a mutual exchange where each party gives something of value in return for the promise or performance of the other party. b) Legal Sufficiency: The consideration exchanged must have legal value, which can include money, goods, services, a promise to perform, or a promise to refrain from doing something. c) Adequacy of Consideration: Courts generally do not inquire into the adequacy of consideration, meaning that the value exchanged does not need to be equivalent. However, grossly inadequate consideration or instances of fraud could be relevant. 3.2 Exceptions: Promissory Estoppel. Promissory estoppel is

Legal separation (sometimes judicial separation, separate maintenance, divorce a mensa et thoro, or divorce from bed-and-board) is a legal process by which a married couple may formalize a de facto separation while remaining legally married. A legal separation is granted in the form of a court order. In cases where children are involved, a court order of legal separation often makes child custody arrangements, specifying sole custody or shared parenting, as well as child support. Some couples obtain a legal separation as an alternative to a divorce, based on moral or religious objections to divorce. Legal separation does not automatically lead to divorce. The couple might reconcile, in which case they do not have to do anything in order to continue their marriage. A mensa et thoro separation. A mensa et thoro is a legal Latin phrase which means &quot;from table and bed&quot;, often translated as &quot;from bed and board&quot;, in which &quot;board&quot; is a wor

Welcome back, eager learners. Today, we delve into a particularly weighty topic: homicide. This is a critical area of criminal law that requires a keen understanding of the different degrees of murder and manslaughter. So, let&#39;s begin. Overview of Homicide as a Crime. Homicide is the killing of one person by another person. It&#39;s a broad category that encompasses various degrees and forms, each carrying distinct legal implications and potential penalties. Homicide cases can be complex and emotionally charged, making it crucial for legal professionals to grasp the nuances. Murder: Degrees and Elements. Murder is the unlawful killing of another person with malice aforethought. Malice aforethought doesn&#39;t necessarily mean premeditation; it refers to the intent to kill or inflict serious bodily harm. Murder charges can be categorized into different degrees based on the presence of specific elements. First-Degree Murder: This is the most seri

Welcome back to &quot;Mastering the Bar Exam.&quot; In this episode, we&#39;re going to continue our exploration of Tort Law, specifically focusing on the introduction to Tort Law, its purpose in the legal system, and the fundamental elements of a tort claim. To begin, let&#39;s consider a scenario that highlights the importance of Tort Law. Imagine a scenario where a customer slips and falls in a grocery store due to a wet floor, leading to injuries. In such situations, Tort Law comes into play to determine whether the store had a duty to maintain a safe environment and whether they breached that duty, causing harm. An illustrative case that underscores the role of Tort Law is the famous &quot;Palsgraf v. Long Island Railroad Co.&quot; This case revolved around a woman who was injured due to an explosion caused by a package mishandled by the railroad company. The court had to analyze whether the company&#39;s actions could have reasonably foreseen the harm and whether

Welcome back, everyone, to the third part of our session on the Preamble and Articles of the U.S. Constitution. In the previous segments, we analyzed the significance of the Preamble and conducted a comprehensive examination of each Article of the Constitution. Today, we will delve into the Amendments of the Constitution, with a specific focus on the Bill of Rights and the critical additions that have shaped our legal landscape. Introduction to the Amendments. As we explore the Amendments, it&#39;s important to remember that the Constitution is not static. The Founding Fathers understood the need for flexibility and adaptation, and thus, they established a mechanism to amend the Constitution. Amendments can address emerging issues, correct shortcomings, and expand upon the fundamental rights protected by the Constitution. The Bill of Rights - First Ten Amendments. The Bill of Rights, the first ten Amendments

Contract Interpretation and Construction Once a contract is formed, its terms must be interpreted and construed to determine the parties&#39; rights and obligations. Law students should be familiar with various principles of contract interpretation, including: a) Plain Meaning Rule: Courts generally interpret contract language according to its plain and ordinary meaning, giving effect to the parties&#39; intentions as expressed in the contract. b) Parol Evidence Rule: This rule restricts the admission of extrinsic evidence to vary or contradict the terms of a fully integrated written contract. c) Course of Dealing, Course of Performance, and Usage of Trade: These are interpretive aids used to understand the parties&#39; intent when contract language is ambiguous or unclear. d) Ambiguity: Law students should recognize and address instances where contract terms are ambiguous, as this can lead to disputes and may require court intervention. Bre

In the United States, family laws and precedents as they relate to divorce, community property and alimony vary based on state law. Also, with new family models, &quot;working couples&quot;, &quot;working wives&quot;, &quot;stay-at-home dads&quot;, etcetera, there are situations where some parties to a divorce question whether traditional economic allocations made in a divorce are fair and equitable to the facts of their individual case. Some groups have proposed various forms of legislation to reform alimony parameters (for example amounts and term). Alimony terms are among the most frequent issues causing litigation in family law cases. Eighty percent of divorce cases involve a request for modification of alimony. Some states (for example Florida, Texas, Maine) are moving away from permanent alimony awards that are intended to maintain a spouse&#39;s standard of living enjoyed during the marriage and are moving towards durational or rehabilitative alimony. In other states,

Clause 4: Adjournment. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (the Capitol), without the consent of the other House. Section 6: Compensation, privileges, and restrictions on holding civil office. Clause 1: Compensation and legal protection. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of

Today marks the beginning of your journey into the intricate world of criminal law. As future legal practitioners, it&#39;s essential to grasp the foundational concepts that underpin our criminal justice system. Let&#39;s dive right in. Understanding the Purpose and Principles of Criminal Law. Criminal law serves a crucial role in society: maintaining order, protecting individuals and property, and upholding moral standards. It distinguishes between acceptable behavior and actions that warrant punishment. Criminal law seeks to balance the interests of public safety, individual rights, and justice. Remember, criminal law operates under the principle of &quot;actus reus non facit reum nisi mens sit rea,&quot; meaning &quot;an act does not make a person guilty unless there is a guilty mind.&quot; This brings us to our next point. Elements of a Crime: Actus Reus and Mens Rea. Any criminal offense consists of two main components: actus reus (the guilty

Episode 1: Introduction to the Bar ExamIn this session we’ll cover: Overview of the Bar Exam and its significance. Understanding the format and structure of the exam. Strategies for effective preparation. Now welcome to &quot;Mastering the Bar Exam,&quot; the podcast that will equip you with the knowledge and skills to ace the Bar Exam and become a successful attorney. I am your host, Dr. LegalMind, and I hold a Juris Doctor, a Master of Laws, and a Doctor of Juridical Science degree. I&#39;ve written numerous books and taught at some of the most prestigious law schools in the U.S. My goal is to help you, aspiring law students, pass the Bar Exam with flying colors. In today&#39;s episode, we will begin our journey by providing an Introduction to the Bar Exam. We&#39;ll delve into its significance, understand the format and structure of the exam, and discuss strategies for effective preparation. First, let&

Contract Interpretation and Construction Once a contract is formed, its terms must be interpreted and construed to determine the parties&#39; rights and obligations. Law students should be familiar with various principles of contract interpretation, including: a) Plain Meaning Rule: Courts generally interpret contract language according to its plain and ordinary meaning, giving effect to the parties&#39; intentions as expressed in the contract. b) Parol Evidence Rule: This rule restricts the admission of extrinsic evidence to vary or contradict the terms of a fully integrated written contract. c) Course of Dealing, Course of Performance, and Usage of Trade: These are interpretive aids used to understand the parties&#39; intent when contract language is ambiguous or unclear. d) Ambiguity: Law students should recognize and address instances where contract terms are ambiguous, as this can lead to disputes and may require court intervention. Bre

Chapter 1: Introduction to Contracts Law. Understanding the Role of Contracts in Legal Practice. Contracts are fundamental legal instruments that play a pivotal role in various aspects of legal practice. They are agreements between two or more parties that create legally binding obligations enforceable by law. Understanding the nature and significance of contracts is crucial for law students and aspiring lawyers to navigate the complexities of contract law. Definition and Characteristics of Contracts. A contract can be defined as a legally enforceable agreement between two or more parties, where each party agrees to undertake certain rights and responsibilities. For a contract to be valid, it must satisfy essential elements, including: a) Offer and Acceptance: The formation of a contract begins with an offer by one party and its acceptance by the other, resulting in mutual assent to the contract&#39;s terms. b) Consideration: Contracts must

Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. The obligation arises from the divorce law or family law of each country. In most jurisdictions, it is distinct from child support, where, after divorce, one parent is required to contribute to the support of their children by paying money to the child&#39;s other parent or guardian. Etymology. The term alimony comes from the Latin word alimonia (&quot;nourishment, sustenance&quot;, from alere, &quot;to nourish&quot;), from which the terms alimentary (of, or relating to food, nutrition, or digestion), and aliment (a Scots Law rule regarding sustenance to assure the wife&#39;s lodging, food, clothing, and other necessities after divorce) are also derived. H

Clause 7: Judgment in cases of impeachment; Punishment on conviction. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. If any officer or the President or the Vice President is convicted of impeachment, that person is immediately removed from office and may be barred from holding any federal office in the future. This is purely a political remedy which &quot;touches neither his person, nor his property; but simply divests him of his political capacity,&quot; however the convicted person remains liable to trial and punishment in the courts for civil and criminal charges. The President cannot reinstate an impeached officer with his Article 2 appointment power if such officers have been disqualified to hold a

Employee rights. Derivative suits. Because directors owe their duties to the corporation and not, as a general rule, to specific shareholders or stakeholders, the right to sue for breaches of directors duty rests by default with the corporation itself. The corporation is necessarily a party to the suit. This creates a difficulty because almost always, the right to litigate falls under the general powers of directors to manage the corporation day to day (for example Delaware General Corporation Law §141(a)). Often, cases arise (such as in Broz v Cellular Information Systems Incorporated) where an action is brought against a director because the corporation has been taken over and a new, non-friendly board is in place, or because the board has been replaced after bankruptcy. Otherwise, there is a possibility of a conflict of interest because directors will be reluctant to sue their colleagues, particularly when they develop personal ties. The law has sought to define fur

Introduction to the Preamble. The Preamble of the U.S. Constitution serves as an eloquent and powerful introduction to the document. It begins with the iconic words, &quot;We the People of the United States,&quot; emphasizing that the authority and power of the government originate from the citizens it serves. The Preamble sets the tone for the Constitution, expressing the collective vision and aspirations of the Founding Fathers. Setting the Goals of the Constitution. Let&#39;s now explore the Preamble&#39;s text to understand the goals it establishes for our government. It reads as follows: &quot;We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.&quot; Forming a More Perfect

A special needs trust, also known in some jurisdictions as a supplemental needs trust, is a specialized trust that allows the disabled beneficiary to enjoy the use of property that is held in the trust for his or her benefit, while at the same time allowing the beneficiary to receive essential needs-based government benefits. A Special Needs Trust is a specific type of irrevocable trust that exists under Common Law. Several Common Law nations have established specific statutes relative to the creation and use of Special Needs Trusts, and where they exist a Special Needs Trust will not be valid unless it comports with the requirements listed in the statute. The applicable Federal statute in the United States is found at Title 42 United States Code. Several States have established their own statutes. Generally, irrevocable trusts can be used for minors, beneficiaries with physical or mental challenges, and as a method of asset protection. In addition to the public benefits pres

Today, every state plus the District of Columbia permits no-fault divorce, though requirements for obtaining a no-fault divorce vary. California was the first U.S. state to enact a no-fault divorce law. Its law was signed by Governor Ronald Reagan, a divorced and remarried former movie actor, and came into effect in 1970. New York was the last state to enact a no-fault divorce law; that law was passed in 2010. Before no-fault divorce was available, spouses seeking divorce would often allege false grounds for divorce. Removing the incentive to perjure was one motivation for the no-fault movement. In the States of Wisconsin, Oregon, Washington, Nevada, Nebraska, Montana, Missouri, Minnesota, Michigan, Kentucky, Kansas, Illinois, Iowa, Indiana, Hawaii, Florida, Colorado and California, a person seeking a divorce is not permitted to allege a fault-based ground (for example adultery, abandonment or cruelty). Requirements before the enactment of no-fault divorce.

Employee rights. While investment managers tend to exercise most voting rights in corporations, bought with pension, life insurance and mutual fund money, employees also exercise voice through collective bargaining rules in labor law. Increasingly, corporate law has converged with labor law. The United States is in a minority of Organisation for Economic Co-operation and Development countries that, as yet, has no law requiring employee voting rights in corporations, either in the general meeting or for representatives on the board of directors. On the other hand, the United States has the oldest voluntary codetermination statute for private corporations, in Massachusetts since 1919 passed under the Republican governor Calvin Coolidge, enabling manufacturing companies to have employee representatives on the board of directors, if corporate stockholders agreed. Also in 1919 both Procter &amp; Gamble and the General Ice Delivery Company of Detroit had employee representation on

Clause 2: Classification of senators; Vacancies. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. After the first group of senators was elected to the First Congress (1789–1791), the senators were divided into three &quot;classes&quot; as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot. It was also decided that each state&#39;s se

Course Title and Objectives. Let&#39;s start by looking at the title of our course: &quot;Constitutional Law: Sources and Principles.&quot; As the title suggests, we will delve into the various sources of constitutional law and examine the fundamental principles that underpin it. Importance of the U.S. Constitution. Now, why is it essential to study the U.S. Constitution? The U.S. Constitution is the supreme law of the land, serving as the foundation for our legal system and the framework upon which our government operates. It establishes the structure of our government, outlines the powers and limitations of each branch, and safeguards individual rights. Understanding the Constitution is crucial for any lawyer, as it forms the basis of our legal framework. Historical Context and Drafting of the Constitution. Before we delve into the Constitution&#39;s content, let&#39;s take a step back and examine its historical context. The Constitution was draf

An honorary trust, under the law of trusts, is a device by which a person establishes a trust for which there is neither a charitable purpose, nor a private beneficiary to enforce the trust. While such a trust would normally be void for lack of a beneficiary, many jurisdictions have carved out two specific exceptions to this rule: trusts for the care of that person&#39;s pets; and trusts to provide for the maintenance of cemetery plots. The name of the device derives from the lack of any beneficiary legally capable of enforcing an honorary trust: the trustee is bound by honor, but not by law, to carry out the wishes of the creator of the trust. Like many states, New York has only recently allowed such trusts by statute. An asset-protection trust is any form of trust which provides for funds to be held on a discretionary basis. Such trusts are set up in an attempt to avoid or mitigate the effects of taxation, divorce and bankruptcy on the beneficiary.

Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Adultery is the most common grounds for divorce. However, there are countries that view male adultery differently than female adultery as grounds for divorce. Before decisions on divorce are considered, one might check into state laws and country laws for legal divorce or separation as each culture has stipulations for divorce. Grounds for divorce. Cruel and inhuman treatment constitute grounds for divorce. In a proper defense, acceptable differences enable the defendant to have the ability to arrange grounds for divorce. Some examples for grounds for divorce are: Sexual harassment, Attendant circumstance, Adulter, Alcoholism, Disability, Desertion, Imprisonment, and Domestic violence (Including physical, sexual, or mental abuse of the other spouse and or the child or children of the coupl

While investment managers tend to exercise most voting rights in corporations, bought with pension, life insurance and mutual fund money, employees also exercise voice through collective bargaining rules in labor law. Increasingly, corporate law has converged with labor law. The United States is in a minority of Organisation for Economic Co-operation and Development countries that, as yet, has no law requiring employee voting rights in corporations, either in the general meeting or for representatives on the board of directors. On the other hand, the United States has the oldest voluntary codetermination statute for private corporations, in Massachusetts since 1919 passed under the Republican governor Calvin Coolidge, enabling manufacturing companies to have employee representatives on the board of directors, if corporate stockholders agreed. Also in 1919 both Procter &amp; Gamble and the General Ice Delivery Company of Detroit had employee representation on boards. In the early 20t

Clause 2: Qualifications of Members. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall, when elected, be an Inhabitant of that State in which he shall be chosen. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he or she represents; although this is usually the case, there have been occasional exceptions. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to &quot;judge...the...qualifications of its own members&quot; or by a state

The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one&#39;s own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force. If a defendant uses defensive force because of a threat of deadly or grievous harm by the other person, or a reasonable perception of such harm, the defendant is said to have a &quot;perfect self-defense&quot; justification. If the defendant uses defensive force because of such a perception, and the perception is not reasonable, the defendant may have an &quot;imperfect self-defense&quot; as an excuse. General concepts – legal theory. Justification does not make a criminal use of force lawful; if the use of force is justified, it cannot be criminal at all. The early theories make no distinction betwee

In American estate planning parlance, an incentive trust is a trust designed to encourage or discourage certain behaviors by using distributions of trust income or principal as an incentive. A typical incentive trust might encourage a beneficiary to complete a degree, enter a profession, or abstain from harmful conduct such as substance abuse. The beneficiary might be paid a certain amount of money from the trust upon graduating from college, or the trust might pay a dollar of income from the trust for every dollar the beneficiary earns. The Protective Trust is a form of settlement found in England and Wales and several Commonwealth countries. It has marked similarities to asset-protection trusts found in several offshore jurisdictions and US Spendthrift trusts. In such a trust assets are ordinarily held to pay an income to the beneficiary. The beneficiary may also have access to capital of the trust with the trustee&#39;s permission. The right to receive i

Adultery (from Latin adulterium, “I change or alter one lineage for another”) is extra-marital sex partaken by a spouse, or premarital sex partaken by a betrothed person, that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal consequences, the concept exists in many cultures and shares some similarities in Christianity, Judaism and Islam. Adultery is viewed by many jurisdictions as offensive to public morals, undermining the marriage relationship. Historically, many cultures considered adultery a very serious crime, some subject to severe punishment, usually for the woman and sometimes for the man, with penalties including capital punishment, mutilation, or torture. Such punishments have gradually fallen into disfavor, especially in Western countries from the 19th century. In countries where adultery is still a criminal offense, punishments range

While the board of directors is generally conferred the power to manage the day-to-day affairs of a corporation, either by the statute, or by the articles of incorporation, this is always subject to limits, including the rights that shareholders have. For example, the Delaware General Corporation Law §141(a) says the &quot;business and affairs of every corporation ... shall be managed by or under the direction of a board of directors, except as may be otherwise provided in this chapter or in its certificate of incorporation.&quot; However, directors themselves are ultimately accountable to the general meeting through the vote. Invariably, shareholders hold the voting rights, though the extent to which these are useful can be conditioned by the constitution. The DGCL §141(k) gives an option to corporations to have a unitary board that can be removed by a majority of members &quot;without cause&quot; (for example a reason determined by the general meeting and not by a court), which re

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate.  Article One grants Congress various enumerated powers and the ability to pass laws &quot;necessary and proper&quot; to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing t

In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice (malice aforethought). It &quot;affects the quality of the actor&#39;s state of mind as an indicator of moral blameworthiness.&quot; Provocation is often a mitigating factor in sentencing. It rarely serves as a legal defense, meaning it does not stop the defendant from being guilty of the crime. It may, however, lead to a lesser punishment. In some common law legal systems, provocation is a &quot;partial defense&quot; for murder charges, which can result in the offense being classified as the lesser offense of manslaughter, specifically voluntary manslaughter. Provocation is distinct from self-defense in that self-defense is a legal defense, and refers to a justifiable a

An interest in possession trust is a trust in which at least one beneficiary has the right to receive the income generated by the trust (if trust funds are invested) or the right to enjoy the trust assets for the present time in another way. The beneficiary with the right to enjoy the trust property for the time being is said to have an interest in possession and is colloquially described as an income beneficiary, or the life tenant. Beneficiaries of a trust have an interest in possession if they have the immediate and automatic right to receive the income arising from the trust property as it arises, or have the use and enjoyment of it, such as by living in a property owned by the trustees. Such a beneficiary is also known as an income beneficiary or life tenant. There may be more than one income beneficiary, who may have either a joint tenancy or as tenants in common. The trustee must pass all of the income received, less any trustees&#39; expenses, to the beneficiaries. Fo

Polygyny is a significant structural factor governing divorce in countries where this is permitted. Little-to-no analysis has been completed to explicitly explain the link between marital instability and polygyny which leads to divorce. The frequency of divorce rises in polygynous marriages compared to monogamous relationships. Within polygynous unions, differences in conjugal stability are found to occur by wife order. There are 3 main mechanisms through which polygyny affects divorce: economic restraint, sexual satisfaction, and childlessness. Many women escape economic restraint through divorcing their spouses when they are allowed to initiate a divorce. Causes. In the western world as a whole, two thirds of divorces are initiated by women. In the United Sates, 69% of divorces are initiated by women and this may be due to higher sensitivity to relationship difficulties. An annual study in the UK by management consultants Grant Thornton, estimates the main proximal c

Shareholder liability for debts. One of the basic principles of modern corporate law is that people who invest in a corporation have limited liability. For example, as a general rule shareholders can only lose the money they invested in their shares. Practically, limited liability operates only as a default rule for creditors that can adjust their risk. Banks which lend money to corporations frequently contract with a corporation&#39;s directors or shareholders to get personal guarantees, or to take security interests in their personal assets, or over a corporation&#39;s assets, to ensure their debts are paid in full. This means much of the time, shareholders are in fact liable beyond their initial investments. Similarly trade creditors, such as suppliers of raw materials, can use title retention clauses or other devices with the equivalent effect to security interests, to be paid before other creditors in bankruptcy. However, if creditors are unsecured, or for some reason gu

Key concepts in bankruptcy include the debtor&#39;s discharge and the related &quot;fresh start&quot;. Discharge is available in some but not all cases. For example, in a Chapter 7 case only an individual debtor (not a corporation, partnership, etcetera) can receive a discharge. The effect of a bankruptcy discharge is to eliminate only the debtor&#39;s personal liability, not the in rem liability for a secured debt to the extent of the value of collateral. The term &quot;in rem&quot; essentially means &quot;with respect to the thing itself&quot; (for example, the collateral). For example, if a debt in the amount of $100,000 is secured by property having a value of only $80,000, the $20,000 deficiency is treated, in bankruptcy, as an unsecured claim (even though it is part of a &quot;secured&quot; debt). The $80,000 portion of the debt is treated as a secured claim. Assuming a discharge is granted and none of the $20,000 deficiency is paid (for example, due to insufficiency of

Justification is a defense in a criminal case, by which a defendant who committed the acts asserts that because what they did meets certain legal standards, they are not criminally culpable for the acts which would otherwise be criminal. Justification and excuse are related but different defenses (see Justification and excuse). Justification is an exception to the prohibition of committing certain offenses. Justification can be a defense in a prosecution for a criminal offense. When an act is justified, a person is not criminally liable even though their act would otherwise constitute an offense. For example, to intentionally commit a homicide would be considered murder. However, it is not considered a crime if committed in self-defense. In addition to self-defense, the other justification defenses are defense of others, defense of property, and necessity. A justification is not the same as an excuse. In contrast, an excuse is a defense that recognizes a crime was comm

A purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. In most jurisdictions, such trusts are not enforceable outside of certain limited and anomalous exceptions, but some countries have enacted legislation specifically to promote the use of non-charitable purpose trusts. Trusts for charitable purposes are also technically purpose trusts, but they are usually referred to simply as charitable trusts. People referring to purpose trusts are usually taken to be referring to non-charitable purpose trusts. Trusts which fail the test of charitable status usually fail as non-charitable purpose trusts, although there are certain historical exceptions to this, and some countries have modified the law in this regard by statute. The court will not usually validate non-charitable purpose trusts which fail by treating them as a power. In IRC v Broadway Cottages Trust (1955) the English Court of Appeal held:

Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under the rule of law of the particular country or state. It can be said to be a legal dissolution of a marriage by a court or other competent body. It is the legal process of ending a marriage. Divorce laws vary considerably around the world, but in most countries, divorce requires the sanction of a court or other authority in a legal process, which may involve issues of distribution of property, child custody, alimony (spousal support), child visitation or access, parenting time, child support, and division of debt. In most countries, monogamy is required by law, so divorce allows each former partner to marry another person. Divorce is different from annulment, which declares the marriage null

Incorporation and charter competition. The process of starting up a new corporation is quick, though each state differs. A corporation is not the only kind of business organization that can be chosen. People may wish to register a partnership or a Limited Liability Company, depending on the precise tax status and organizational form that is sought. Most frequently, however, people running major enterprises will choose corporations which have limited liability for those who become the shareholders: if the corporation goes bankrupt the default rule is that shareholders will only lose the money they paid for their shares, even if debts to commercial creditors are still unpaid. A state office, perhaps called the &quot;Division of Corporations&quot; or simply the &quot;Secretary of State&quot;, will require the people who wish to incorporate to file &quot;articles of incorporation&quot; (sometimes called a &quot;charter&quot;) and pay a fee. The articles of incorporation typically

Avoidance actions. Debtors, or the trustees that represent them, gain the ability to reject, or avoid actions taken with respect to the debtor&#39;s property for a specified time prior to the filing of the bankruptcy. While the details of avoidance actions are nuanced, there are three general categories of avoidance actions: Preferences: 11 U.S.C. § 547. Federal fraudulent transfer: 11 U.S.C. § 548. Non-bankruptcy law creditor: 11 U.S.C. § 544. All avoidance actions attempt to limit the risk of the legal system accelerating the financial demise of a financially unstable debtor who has not yet declared bankruptcy. The bankruptcy system generally endeavors to reward creditors who continue to extend financing to debtors and discourage creditors from accelerating their debt collection efforts. Avoidance actions are some of the most obvious of the mechanisms to encourage this goal. Despite the apparent simplicity of these rules, a number of excep

In the United States, variances in the insanity defense between states, and in the federal court system, are attributable to differences with respect to three key issues: Availability: whether the jurisdiction allows a defendant to raise the insanity defense, Definition: when the defense is available, what facts will support a finding of insanity, and Burden of proof: whether the defendant has the duty of proving insanity or the prosecutor has the duty of disproving insanity, and by what standard of proof. In Foucha v Louisiana (1992) the Supreme Court of the United States ruled that a person could not be held &quot;indefinitely&quot; for psychiatric treatment following a finding of not guilty by reason of insanity. Availability. In the United States, a criminal defendant may plead insanity in federal court, and in the state courts of every state except for Idaho, Kansas, Montana, and Utah. However, defendants in states that disallow the ins

A resulting trust is an implied trust that comes into existence by operation of law, where property is transferred to someone who pays nothing for it; and then is implied to have held the property for the benefit of another person. The trust property is said to &quot;result&quot; or jump back to the transferor (implied settlor). In this instance, the word &#39;result&#39; means &quot;in the result, remains with&quot;, or something similar to &quot;revert&quot; except that in the result the beneficial interest is held on trust for the settlor. Not all trusts whose beneficiary is also the settlor can be called resulting trusts. In common law systems, the resulting trust refers to a subset of trusts which have such outcome; express trusts which stipulate that the settlor is to be the beneficiary are not normally considered resulting trusts. Another understanding of resulting trusts could be an equitable instrument used to rectify and reverse unjust enrichment. The beneficial int

A sham marriage or fake marriage is a marriage of convenience entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage. Definitions of sham marriage vary by jurisdiction, but are often related to immigration. The essential point in the varying definitions is whether the couple intend to live in a real marital relationship, to establish a life together. A typical definition by the UK Home Office in 2015: A sham marriage or civil partnership is one where the relationship is not genuine but one party hopes to gain an immigration advantage from it. There is no subsisting relationship, dependency, or intent to live as husband and wife or civil partners. While referred to as a &quot;sham&quot; or &quot;fake&quot; because of its motivation, the union itself is legally valid if it conforms to the formal legal requirements for marriage in the jurisdiction. Arranging or entering into su

United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has attempted to do the same. Twenty-four states follow the Model Business Corporation Act, while New York and Cal

bankruptcy. In the United States, bankruptcy is largely governed by federal law, commonly referred to as the &quot;Bankruptcy Code&quot; (&quot;Code&quot;). The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact &quot;uniform Laws on the subject of Bankruptcies throughout the United States&quot;. Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Some laws relevant to bankruptcy are found in other parts of the United States Code. For example, bankruptcy crimes are found in Title 18 of the United States Code (Crimes). Tax implications of bankruptcy are found in Title 26 of the United States Code (Internal Revenue Code), and the creation and jurisdiction of bankruptcy courts are found in Title 28 of the United States Code (Judi

The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is not responsible for their actions due to a psychiatric disease at the time of the criminal act. This is contrasted with an excuse of provocation, in which the defendant is responsible, but the responsibility is lessened due to a temporary mental state. It is also contrasted with the justification of self-defense or with the mitigation of imperfect self-defense. The insanity defense is also contrasted with a finding that a defendant cannot stand trial in a criminal case because a mental disease prevents them from effectively assisting counsel, from a civil finding in trusts and estates where a will is nullified because it was made when a mental disorder prevented a testator from recognizing the natural objects of their bounty, and from involuntary civil commitment to a mental institution, when anyone is found to be gravely disabled or

Presumptive resulting trusts. These are transfers made by A to B, where the law creates a rebuttable presumption of a resulting trust applying if the intention is not made clear by A. (written evidence produced). For example, when A transfers property to B, unless the transfer was made by father to child or by husband to wife, in the absence of any other evidence the law presumes that a resulting trust has been created for A.(Y this category excluded: for example:A evidence cannot stand in Course of testimony &amp; remains Hearsay)(A will not get the property if H&amp;W &amp; F&amp;C can adduce evidence it is their property and resulting trust will not arise. The main categories of fact situations giving rise to a presumption of a resulting trust are: - Where A makes a voluntary conveyance of property to B - Where A has made a monetary contribution to the purchase of property for B. From these cases it can be stated that where there is a voluntary transfe

A marriage license is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictions, and has changed over time. Marriage licenses began to be issued in the Middle Ages, to permit a marriage which would otherwise be illegal (for instance, if the necessary period of notice for the marriage had not been given). Today, they are a legal requirement in some jurisdictions and may also serve as the record of the marriage itself, if signed by the couple and witnessed. In other jurisdictions, a license is not required. In some jurisdictions, a &quot;pardon&quot; can be obtained for marrying without a license, and in some jurisdictions, common-law marriages and marriage by cohabitation and representation are also recognized. These do not require a marriage license. There are also some jurisdictions where marriage licenses do not exist at all and a marriage certificate is given t

Fair dealing is a limitation and exception to the exclusive rights granted by copyright law to the author of a creative work. Fair dealing is found in many of the common law jurisdictions of the Commonwealth of Nations. Fair dealing is an enumerated set of possible defenses against an action for infringement of an exclusive right of copyright. Unlike the related United States doctrine of fair use, fair dealing cannot apply to any act which does not fall within one of these categories, although common law courts in some jurisdictions are less stringent than others in this regard. In practice, however, such courts might rule that actions with a commercial character, which might be naïvely assumed to fall into one of these categories, were in fact infringements of copyright, as fair dealing is not as flexible a concept as the American concept of fair use. There are similar limitations and exceptions to copyright, such as the right to quote, also in the Berne Convention an

Subrogation is the assumption by a third party (such as a second creditor or an insurance company) of another party&#39;s legal right to collect debts or damages. It is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one&#39;s own benefit. A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitable remedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions. Subrogation is a relatively specialized field of law; entire legal textbooks are devoted to the subject. Doctrine. Countries which have inherited the common law system will typically have a doctrine of subrogation, but its doctrinal basis in a particular jurisdiction may vary from that in other jurisdictions, depending upon the extent to which equity remains a distinct bo

In law, ignorantia juris non excusat (Latin for &quot;ignorance of the law excuses not&quot;), or ignorantia legis neminem excusat (&quot;ignorance of law excuses no one&quot;), is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content. European-law countries with a tradition of Roman law may also use an expression from Aristotle translated into Latin: nemo censetur ignorare legem (&quot;nobody is thought to be ignorant of the law&quot;) or ignorantia iuris nocet (&quot;not knowing the law is harmful&quot;). Explanation. The rationale of the doctrine is that if ignorance were an excuse, a person charged with criminal offenses or a subject of a civil lawsuit would merely claim that one was unaware of the law in question to avoid liability, even if that person really does know what the law in question is. Thus, the law imputes knowledge of all laws to all persons within

An express trust is a trust created &quot;in express terms, and usually in writing, as distinguished from one inferred by the law from the conduct or dealings of the parties.&quot; Property is transferred by a person (called a trustor, settlor, or grantor) to a transferee (called the trustee), who holds the property for the benefit of one or more persons, called beneficiaries. The trustee may distribute the property, or the income from that property, to the beneficiaries. Express trusts are frequently used in common law jurisdictions as methods of wealth preservation or enhancement. Terms. Law generally requires only a simple formality to create an express trust. In certain jurisdictions, an express trust may even be established orally. Typically, a settlor would record the disposition, where real property is to be held in trust or the value of property in trust is large. Where legal title to property is being passed to a trustee, a &quot;deed of settlement&quot; or &q

Marriage is an institution that is historically filled with restrictions. From age, to gender, to social status, various restrictions are placed on marriage by communities, religious institutions, legal traditions and states. Marriage age. The minimum age at which a person is able to lawfully marry, and whether parental or other consents are required, vary from country to country. In the U.S. the minimum age for marriage without parental and or judicial approval is 18 except for Nebraska (19) and Mississippi (21); but most states allow exceptions to the general minimum age in some circumstances (see Marriage age in the United States). In England and Wales the general age at which a person may marry is 18, but 16- or 17-year-olds may get married with their parents&#39; or guardians&#39; consent. If they are unable to obtain this, they can gain consent from the courts, which may be granted by the Magistrates&#39; Courts, or the county or High Court family divisions.

The idea–expression distinction or idea–expression dichotomy is a legal doctrine in the United States that limits the scope of copyright protection by differentiating an idea from the expression or manifestation of that idea. Unlike patents, which may confer proprietary rights in relation to general ideas and concepts per se when construed as methods, copyrights cannot confer such rights. An adventure novel provides an illustration of the concept. Copyright may subsist in the work as a whole, in the particular story or characters involved, or in any artwork contained in the book, but generally not in the idea or genre of the story. Copyright, therefore, may not subsist in the idea of a man venturing out on a quest, but may subsist in a particular story that follows that pattern. Similarly, if the methods or processes described in a work are patentable, they may be the subject of various patent claims, which may or may not be broad enough to cover other methods or processes ba

In contract law, rescission is an equitable remedy which allows a contractual party to cancel the contract. Parties may rescind if they are the victims of a vitiating factor, such as misrepresentation, mistake, duress, or undue influence. Rescission is the unwinding of a transaction. This is done to bring the parties, as far as possible, back to the position in which they were before they entered into a contract (the status quo ante). Taxonomy. Rescission is used throughout the law in a number of different senses. The failure to draw these crucial distinctions is productive of serious confusion. Although Judicature legislation has been enacted throughout the common law world, and jurisdictions vary in their recognition of a distinct body of law known as equity, reference to the jurisdictional origins is still important for the purposes of exposition. &quot;Rescission&quot; in the sense of termination. Rescission in this sense is not the focus of this article. Wh

Entrapment is a practice in which a law enforcement agent or agent of the state induces a person to commit a &quot;crime&quot; that the person would have otherwise been unlikely or unwilling to commit. It &quot;is the conception and planning of an offense by an officer or agent, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officer or state agent&quot;. Police conduct rising to the level of entrapment is broadly discouraged and thus, in many jurisdictions, is available as a defense against criminal liability. Sting operations, through which police officers or agents engage in deception to try to catch persons who are committing crimes, raise concerns about possible entrapment. Depending on the law in the jurisdiction, the prosecution may be required to prove beyond a reasonable doubt that the defendant was not entrapped or the defendant may be required to prove that they were entrapped

Land trust: A private, nonprofit organization that, as all or part of its mission, actively works to conserve land by undertaking or assisting in land or conservation easement acquisition, or by its stewardship of such land or easements; or an agreement whereby one party (the trustee) agrees to hold ownership of a piece of real property for the benefit of another party (the beneficiary). Offshore trust: Strictly speaking, an offshore trust is a trust which is resident in any jurisdiction other than that in which the settlor is resident. However, the term is more commonly used to describe a trust in one of the jurisdictions known as offshore financial centers or, colloquially, as tax havens. Offshore trusts are usually conceptually similar to onshore trusts in common law countries, but usually with legislative modifications to make them more commercially attractive by abolishing or modifying certain common law restrictions. By extension, &quot;onshore trust&quot; has come to m

A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married (to each other or to anyone else). People in domestic partnerships receive legal benefits that guarantee the right of survivorship, hospital visitation, and other rights. The term is not used consistently, which results in some inter-jurisdictional confusion. Some jurisdictions, such as Australia, New Zealand, and the U.S. states of California, Maine, Nevada, Oregon and Washington use the term &quot;domestic partnership&quot; to mean what other jurisdictions call civil union, civil partnership, or registered partnership. Other jurisdictions use the term as it was originally coined, to mean an interpersonal status created by local municipal and county governments, which provides an extremely limited range of rights and responsibilities. Some legislatures have voluntarily established domestic partnership relations by statute instead o

In 2011, United States business entities incurred $29 billion in direct costs because of patent trolls. Lawsuits brought by &quot;patent assertion companies&quot; made up 61% of all patent cases in 2012, according to the Santa Clara University School of Law. From 2009 through mid-2013, Apple Inc. was the defendant in 171 lawsuits brought by non-practicing entities (NPEs), followed by Hewlett-Packard (137), Samsung (133), AT&amp;T (127), and Dell (122). Patent troll-instigated litigation, once mostly confined to large companies in patent-dependent industries such as pharmaceuticals, came to involve companies of all sizes in a wide variety of industries. In 2005, patent trolls sued 800 small firms (those with less than $100 million annual revenue), the number growing to nearly 2,900 such firms in 2011; the median defendant&#39;s annual revenue was $10.3 million. A July 2014 PricewaterhouseCoopers study concluded that non-practicing entities (NPEs) accounted for 67 percent of all paten

The law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss. Evolving Meaning. American Jurisprudence 2d edition notes: The word &quot;restitution&quot; was used in the earlier common law to denote the return or restoration of a specific thing or condition. In modern legal usage, its meaning has frequently been extended to include not only the restoration or giving back of something to its rightful owner and returning to the status quo but also compensation, reimbursement, indemnification, or reparation for benefits derived from, or for loss or injury caused to, another. In summary, therefore, the word &quot;restitution&quot; means the relinquishment of a benefit or the return of money or other property obtained through an imprope

In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were &quot;diminished&quot; or impaired. Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state&#39;s case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or &quot;defect&quot; possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does

A trust may have multiple trustees, and these trustees are the legal owners of the trust&#39;s property, but have a fiduciary duty to beneficiaries and various duties, such as a duty of care and a duty to inform. If trustees do not adhere to these duties, they may be removed through a legal action. The trustee may be either a person or a legal entity such as a company, but typically the trust itself is not a legal entity and any litigation involving the trust must include the trustee as a party. A trustee has many rights and responsibilities which vary based on the jurisdiction and trust instrument. If a trust lacks a trustee, a court may appoint a trustee. The trustees administer the affairs attendant to the trust. The trust&#39;s affairs may include prudently investing the assets of the trust, accounting for and reporting periodically to the beneficiaries, filing required tax returns and other duties. In some cases dependent upon the trust instrument, the trustees must make

A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage (with child adoption being a common exception, and the title itself). Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities similar or identical to those of legally married couples. In 1989, Denmark was the first country to legalize civil unions, for same-sex couples; however most other developed democracies did not begin establishing civil unions until the 1990s or early 2000s, often developing them from less formal domestic partnerships. While civil unions are often established for both opposite-sex couples and same-sex c

In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent&#39;s actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuits against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered &quot;patent trolls&quot; when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non-practicing entity (NPE), which may or may not be considered a &quot;patent troll&quot; depending on the position they are taking and the percept

An account of profits (sometimes referred to as an accounting for profits or simply an accounting) is a type of equitable remedy most commonly used in cases of breach of fiduciary duty. It is an action taken against a defendant to recover the profits taken as a result of the breach of duty, in order to prevent unjust enrichment. In conducting an account of profits, the plaintiff is treated as if they were conducting the business of the defendant, and made those profits which were attributable to the defendant&#39;s wrongful actions. This can be rather complex in practice, because the defendant&#39;s accounting records must be examined (sometimes by a forensic accountant) to determine what portion of his gross profits were derived from the wrongful act in question. As a result, mathematical exactness is not called for and reasonable approximation is acceptable. Historically an account was not an equitable remedy, but was an action at common law, and is therefore technic

Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types. An expression of consent is one that is unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, for example by

A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another&#39;s benefit. In the Anglo-American common law, the party who entrusts the right is known as the &quot;settlor&quot;, the party to whom the right is entrusted is known as the &quot;trustee&quot;, the party for whose benefit the property is entrusted is known as the &quot;beneficiary&quot;, and the entrusted property itself is known as the &quot;corpus&quot; or &quot;trust property&quot;. A testamentary trust is created by a will and arises after the death of the settlor. An inter vivos trust is created during the settlor&#39;s lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be &quot;broken&quot; (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who are or are the equitable owners of the t

A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage (with child adoption being a common exception, and the title itself). Civil unions under one name or another have been established by law in several, mostly developed, countries in order to provide legal recognition of relationships formed by unmarried same-sex couples and to afford them rights, benefits, tax breaks, and responsibilities similar or identical to those of legally married couples. In 1989, Denmark was the first country to legalize civil unions, for same-sex couples; however most other developed democracies did not begin establishing civil unions until the 1990s or early 2000s, often developing them from less formal domestic partnerships. While civil unions are often established for both opposite-sex couples and same-sex c

Brand protection is the process and set of actions that a right holder undertakes to prevent third parties from using its intellectual property without permission, as this may cause loss of revenue and, usually more importantly, destroys brand equity, reputation and trust. Brand protection seeks primarily to ensure that trademarks, patents, and copyrights are respected, though other intellectual property rights such as industrial design rights or trade dress can be involved. Counterfeiting is the umbrella term to designate infringements to intellectual property, with the exception of the term piracy which is sometimes (colloquially) used to refer to copyright infringement. A more narrow definition of brand protection which focuses on trademark infringement, is sometimes used. Counterfeiting of physical goods that involves trademark infringement is indeed one of the predominant forms of intellectual property infringement. However, both copyright and patent infringement are pos

A constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and or property interference. It is a type of implied trust (for example, it is created by conduct, not explicitly by a settler). In the United States (in contrast to England), a constructive trust remedy generally does not recognize or create any continuing fiduciary relationship — that is, a constructive trust is not actually a trust except in name. Rather, it is a fiction declaring that the plaintiff has equitable title to the property at issue, and ordering the defendant to transfer legal ownership and possession to the plaintiff. For instance, in some states the slayer rule is implemented in the form of a constructive trust

Sleep. The Australian Model Criminal Code Committee states the law as follows: At the minimum there needs to be some operation of the will before a physical movement is described as an act. The physical movements of a person who is asleep, for example, probably should not be regarded as acts at all, and certainly should not be regarded as acts for the purposes of criminal responsibility. These propositions are embodied in the rule that people are not held responsible for involuntary &#39;acts&#39;, that is, physical movements which occur without there being any will to perform that act. This situation is usually referred to as automatism. In the U.S., People v Huey Newton (1970) holds that unconsciousness, when not self-induced (say, as by voluntary intoxication), is a complete defense to a criminal act even though the defendant&#39;s acts seem very goal-oriented. The medical evidence was that &quot; g

An elective share is a term used in American law relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent&#39;s will. It may also be called a widow&#39;s share, statutory share, election against the will, or forced share. Function and operation. The elective share is the modern version of the English common law concepts of dower and curtesy, both of which reserved certain portions of a decedent&#39;s estate which were reserved for the surviving spouse to prevent them from falling into poverty and becoming a burden on the community. Currently, the amount to be reserved for a spouse is determined by the law of the state where the estate is located. In most states, the elective share is between one-third and one-half of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share

Common-law marriage, also known as non-ceremonial marriage, sui iuris marriage, informal marriage, de facto marriage, or marriage by habit and repute, is a legal framework where a couple may be considered married without having formally registered their relation as a civil or religious marriage. The original concept of a &quot;common-law marriage&quot; is one considered valid by both partners, but not formally recorded with a state or religious registry, nor celebrated in a formal civil or religious service. In effect, the act of the couple representing themselves to others as being married and organizing their relationship as if they were married, means they are married. The term common-law marriage (or similar) has wider informal use, often to denote relations that are not legally recognized as marriages. It is often used colloquially or by the media to refer to cohabiting couples, regardless of any legal rights or religious implications involved. This can create con

Those who oppose these practices argue that distribution denies the copyright holder potential sales, in the form of re-released titles, official emulation, and so on. Likewise, they argue that if people can acquire an old version of a program for free, they may be less likely to purchase a newer version if the old version meets their needs. From game developers with sympathy with abandonware. Some game developers showed sympathy for abandonware websites as they preserve their classical game titles. In this quote Richard Garriott states, “Personally, I think that sites that support these old games are a good thing for both consumers and copyright owners. If the options are (a) having a game be lost forever and (b) having it available on one of these sites, I&#39;d want it to be available. That being said, I believe a game is &#39;abandoned&#39; only long after it is out of print. And just because a book is out of print does not give me rights to print some for m

Equitable remedies are judicial remedies developed by courts of equity from about the time of Henry the 8th to provide more flexible responses to changing social conditions than was possible in precedent-based common law. Equitable remedies were granted by the Court of Chancery in England, and remain available today in most common law jurisdictions. In many jurisdictions, legal and equitable remedies have been merged and a single court can issue either, or both, remedies. Despite widespread judicial merger, the distinction between equitable and legal remedies remains relevant in a number of significant instances. Notably, the United States Constitution&#39;s Seventh Amendment preserves the right to a jury trial in civil cases over $20 to cases &quot;at common law&quot;. Equity is said to operate on the conscience of the defendant, so an equitable remedy is always directed at a particular person, and that person&#39;s knowledge, state of mind and motives may be relevant

In criminal law, automatism is a rarely used criminal defense. It is one of the mental condition defenses that relate to the mental state of the defendant. Automatism can be seen variously as lack of voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means that the defendant was not aware of his or her actions when making the particular movements that constituted the illegal act. For example, Esther Griggs in 1858 threw her child out of a first floor window believing that the house was on fire, while having a sleep terror. In 2002, Peter Buck, lead guitarist of the band R E M, was cleared of several charges, including assault, which resulted from automatism brought on by a bad interaction between alcohol and sleeping pills. In a 2009 case in Aberporth in west Wales, Brian Thomas strangled his wife in their camper van, also during a sleep terror, when he mistook his wife for an intruder. The defense of automatism is denying that the person was acting in

Lapse and anti-lapse. Lapse and anti-lapse are complementary concepts under the US law of wills, which address the disposition of property that is willed to someone who dies before the testator (the writer of the will). Lapse. At common law, lapse occurs when the beneficiary or the devisee under the will predeceases the testator, invalidating the gift. The gift would instead revert to the residuary estate or be granted under the law of intestate succession. Anti-lapse statutes. Most common-law jurisdictions have enacted an anti-lapse statute to address this situation. The anti-lapse statute &quot;saves&quot; the bequest if it has been made to parties specified in the statute, usually members of the testator&#39;s immediate family, if they had issues that survived the testator. For example, the New York anti-lapse statute specifies brothers, sisters, and issue, specifically. If the anti-lapse statute does indeed apply, then the issue of the deceased benef

Abuse and infidelity. University of Chicago sociologist Linda Waite found that &quot;16 percent of cohabiting women reported that arguments with their partners became physical during the past year, while only 5 percent of married women had similar experiences.&quot; Most cohabiting couples have a faithful relationship, but Waite&#39;s surveys also demonstrated that 20% of cohabiting women reported having secondary sex partners, compared to only 4% of married women. According to an article by Judith Treas and Deirdre Giesen, cohabiting couples are twice as likely to experience infidelity within the relationship than married couples. Fertility. Regarding cohabitation as a fertility factor, a large survey in the United States came to the result that married women had an average of 1.9 children, compared to 1.3 among those cohabiting. The corresponding numbers for men were 1.7 and 1.1, respectively. The difference of 0.6 children for both sexes was expected t

Abandonware is a product, typically software, ignored by its owner and manufacturer, and for which no official support is available. Within an intellectual rights contextual background, abandonware is a software (or hardware) sub-case of the general concept of orphan works. Museums and various organizations dedicated to preserving this software continue to provide legal access. The term &quot;abandonware&quot; is broad, and encompasses many types of old software. Definitions of &quot;abandoned&quot; vary, but in general it is like any item that is abandoned – it is ignored by the owner, and as such product support and possibly copyright enforcement are also &quot;abandoned&quot;. Types. Commercial software unsupported but still owned by a viable company The availability of the software depends on the company&#39;s attitude toward the software. In many cases, the company which owns the software rights may not be that which originated it, or may not

Reliance damages is the measure of compensation given to a person who suffered an economic harm for acting in reliance on a party who failed to fulfill their obligation. If the injured party could go back in time, they should be indifferent to entering into the contract that would be breached and receiving the reliance damages as opposed to not entering into any contract with the breaching party. The injured party should be put in a substantially similar situation position as they would have been had the contract not been entered into. This is different from expectation damages, where the injured party should be indifferent between the fulfillment of the contract and never having entered into the contract. Scope. Reliance damages are valued by a party&#39;s reliance interest for the reasonably foreseeable amount. They put the injured party in the same financial position as if the contract had never been formed. Reliance interest is one of the three prongs of int

In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution &quot;rests&quot;. Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase.</p

Insane delusion is the legal term of art in the common law tradition used to describe a false conception of reality that a testator of a will adheres to against all reason and evidence to the contrary. A will made by a testator suffering from an insane delusion that affects the provisions made in the will may fail in whole or in part. Only the portion of the will caused by the insane delusion fails, including potentially the entire will. Will contests often involve claims that the testator was suffering from an insane delusion. An insane delusion is distinct from testamentary capacity. A testator might be suffering from an insane delusion but otherwise possesses the requisite capacity to make a will. Similarly, an insane delusion is distinct from a mere mistake. If suffering from an insane delusion, a testator is not subject to change his or her mind regarding the delusion if presented with contrary evidence, whereas a mistake is capable of being corrected if the testator is

Cohabitation is an arrangement where people who are not married, usually couples, live together. They are often involved in a romantic or sexually intimate relationship on a long-term or permanent basis. Such arrangements have become increasingly common in Western countries since the late 20th century, being led by changing social views, especially regarding marriage, gender roles and religion. More broadly, the term cohabitation can mean any number of people living together. To &quot;cohabit&quot;, in a broad sense, means to &quot;coexist&quot;. The origin of the term comes from the mid 16th century, from the Latin cohabitare, from co- &#39;together&#39; + habitare &#39;dwell&#39;. Social changes leading to increase. In Europe, the Scandinavian countries have been the first to start this leading trend, although many countries have since followed. Mediterranean Europe has traditionally been very conservative, with religion playing a strong role. Until the mid-19

Domain names. The advent of the domain name system has led to attempts by trademark holders to enforce their rights over domain names that are similar or identical to their existing trademarks, particularly by seeking control over the domain names at issue. As with dilution protection, enforcing trademark rights over domain name owners involves protecting a trademark outside the obvious context of its consumer market, because domain names are global and not limited by goods or service. This conflict is easily resolved when the domain name owner actually uses the domain to compete with the trademark owner. Cybersquatting, however, does not involve competition. Instead, an unlicensed user registers a domain name identical to a trademark and offers to sell the domain to the trademark owner. Typosquatters—those registering common misspellings of trademarks as domain names—have also been targeted successfully in trademark infringement suits. &quot;Gripe sites&quot;, on the

Incidental damages. Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In American commercial law, incidental damages are a seller&#39;s commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer&#39;s breach of contract, (UCC Sec. 2-710) or a buyer&#39;s expenses reasonably incurred, for example, searching for and obtaining substitute goods. (UCC Sec. 2-715(1)). Consequential damages. Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation, a breach of contract. From a legal standpoint, an enforceable contract is present when it is: expressed by a valid offer and acceptance, has adequate consideration, mutual assent, capacity, and legality. Consequential damages go beyond the contract itself and into the acti

Economics. Economics can be both a tool of the internal and external subversive. For the external subversive, simply cutting off credit can cause severe economic problems for a country. An example of this is the United States&#39; relations with Chile in the early 1970s. In an attempt to get Salvador Allende removed from office, the United States tried to weaken the Chilean economy. Chile received little foreign investments and the loss of credit prevented Chile from purchasing vital imports. Economic pressure of this kind prevents an economy from functioning and reduces a country&#39;s standard of living. If the reduction is too great, the people may become willing to support a change in the government&#39;s leadership. The main objective of economic pressures is to make it difficult for the country to fulfill its basic obligations to the citizenry either by cutting off trade or by depriving it of resources. The internal subversive can also use economics to put pressu

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (for example, a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver&#39;s license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. Internal fraud, also known as &quot;insider fraud&quot;, is fraud committed or attempted by someone within an organization such as an employee. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of mater

The type, functions, and characteristics of marriage vary from culture to culture, and can change over time. In general there are two types: civil marriage and religious marriage, and typically marriages employ a combination of both (religious marriages must often be licensed and recognized by the state, and conversely civil marriages, while not sanctioned under religious law, are nevertheless respected). Marriages between people of differing religions are called interfaith marriages, while marital conversion, a more controversial concept than interfaith marriage, refers to the religious conversion of one partner to the other&#39;s religion for the sake of satisfying a religious requirement. Americas and Europeb. In the Americas and Europe, in the 21st century, legally recognized marriages are formally presumed to be monogamous (although some pockets of society accept polygamy socially, if not legally, and some couples choose to enter into open marriages). In these cou

The extent to which a trademark owner may prevent unauthorized use of trademarks that are the same as or similar to its trademark depends on various factors such as whether its trademark is registered, the similarity of the trademarks involved, the similarity of the products or services involved, and whether the owner&#39;s trademark is well known or, under U.S. law relating to trademark dilution, famous. If a trademark has not been registered, some jurisdictions (especially Common Law countries) offer protection for the business reputation or goodwill which attaches to unregistered trademarks through the tort of passing off. Passing off may provide a remedy in a scenario where a business has been trading under an unregistered trademark for many years, and a rival business starts using the same or a similar mark. If a trademark has been registered, then it is much easier for the trademark owner to demonstrate its trademark rights and to enforce these rights through an

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult t

Subversion (from Latin subvertere &#39;overthrow&#39;) refers to a process by which the values and principles of a system in place are contradicted or reversed in an attempt to transform the established social order and its structures of power, authority, hierarchy, and social norms. Subversion can be described as an attack on the public morale and, &quot;the will to resist intervention are the products of combined political and social or class loyalties which are usually attached to national symbols. Following penetration, and parallel with the forced disintegration of political and social institutions of the state, these tendencies may be detached and transferred to the political or ideological cause of the aggressor&quot;. Subversion is used as a tool to achieve political goals because it generally carries less risk, cost, and difficulty as opposed to open belligerency. Furthermore, it is a relatively cheap form of warfare that does not require large amounts of training. A subver

Legal malpractice in estate planning. Lawsuits against estate planning attorneys have increased in recent years. Legal malpractice in trusts and estates is now considered to have the highest risk of exposure, representing 12% of all legal malpractice claims. Due to changes in privity laws, many states allow third-party beneficiaries to bring a lawsuit against an attorney who executed a will that is later deemed to be a product of undue influence. Experienced estate attorneys tend to be vigilant of &quot;red flags&quot; indicative of undue influence during the drafting and execution of a will. Because a will is the most important document most individuals sign in their lives, and it affects property rights for all time, the process should be taken seriously. Many attorneys incorrectly assume that estate planning is a simple area of law. Some less-informed attorneys believe estate planning to be a simple, fast, and easy way to make a quick buck, this could not be farther from t

Criticisms. There are several criticisms of class actions. The preamble to the Class Action Fairness Act stated that some abusive class actions harmed class members with legitimate claims and defendants that have acted responsibly, adversely affected interstate commerce, and undermined public respect for the country&#39;s judicial system. Class members often receive little or no benefit from class actions. Examples cited for this include large fees for the attorneys, while leaving class members with coupons or other awards of little or no value; unjustified awards are made to certain plaintiffs at the expense of other class members; and confusing notices are published that prevent class members from being able to fully understand and effectively exercise their rights. For example, in the United States, class lawsuits sometimes bind all class members with a low settlement. These &quot;coupon settlements&quot; (which usually allow the plaintiffs to receive a small

Terminology. Terms such as &quot;mark&quot;, &quot;brand&quot; and &quot;logo&quot; are sometimes used interchangeably with &quot;trademark&quot;. &quot;Trademark&quot;, however, also includes any device, brand, label, name, signature, word, letter, numerical, shape of goods, packaging, color or combination of colors, smell, sound, movement or any combination thereof which is capable of distinguishing goods and services of one business from those of others. It must be capable of graphical representation and must be applied to goods or services for which it is registered. Specialized types of trademark include certification marks, collective trademarks and defensive trademarks. A trademark that is popularly used to describe a product or service (rather than to distinguish the product or services from those of third parties) is sometimes known as a genericized trademark. If such a mark becomes synonymous with that product or service to the extent that the trademark owner

Constructive trust. Constructive trust is enforced in situations where the possession of a property by the defendant unjustly enriches him or her, and therefore the court decides to grant the ownership of the property to the plaintiff. Equitable lien. Equitable lien is applicable when the defendant used unjust funds obtained from the plaintiff to make improvements to his or her property. By granting the plaintiff a security interest in the property of the defendant, it guards the right of the plaintiff to have the funds returned from the defendant. Subrogation. In a subrogation case, the property that belongs to the plaintiff from a legal standpoint is used by the defendant to repay the debt to a third party. Subrogation entitles the plaintiff to the rights as the third party against the defendant. Specific performance. Specific performance refers to the court compelling the defendant to perform certain actions. This type of equitable

Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition. Because sedition is overt, it is typically not considered a subversive act, and the overt acts that may be prosecutable under sedition laws vary from one legal code to another. Roman origin. Seditio (lit. &#39;going apart&#39;) was the offense, in the later Roman Republic, of collective disobedience to a magistrate, including both military mutiny and civilian mob action. Leading or instigating seditio was punishable by death. Civil seditio became frequent during the political crisis of the fir

Undue influence (UI) is a psychological process by which a person&#39;s free will and judgment is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims&#39; decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (for example, fiduciary) may be guilty. This includes the victims&#39; attorney, accountant, nursing home attendant, or even children. UI is a process, not a single event. A manipulator may spend weeks, months, or even years before successfully unduly

A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly an American phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description. In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each da

A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be located on a package, a label, a voucher, or on the product itself. Trademarks used to identify services are sometimes called service marks. In the past, The first legislative act concerning trademarks was passed in 1266 under the reign of Henry the 3rd of England requiring all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in the late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857. The Trade Marks Act 1938 of the United Kingdom changed the system, permitting registration based on &quot;intent-to-use&quot;, creating an examina

A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (for example a specific amount of monetary damages) and an equitable remedy (for example injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In international human rights law, there is a right to an effective remedy. In th

Explanations for the 20th century increase in secessionism. According to University of California, Santa Barbara, political scientist Bridget L Coggins, there are four potential explanations in the academic literature for the drastic increase in state birth during the 20th century: Ethnonational mobilization – Ethnic minorities have been increasingly mobilized to pursue states of their own. Institutional empowerment – The growing inability of empires and ethnic federations to maintain colonies and member states. Relative strength – Increasingly powerful secessionist movements are more likely to achieve statehood. Negotiated consent – Home states and the international community increasingly consent to secessionist demands. Other scholars have linked secession to resource discoveries and extraction. David B. Carter, H. E. Goemans and Ryan Griffiths find that border changes among states tend to conform to borders for previous administrative uni

In the common law tradition, testamentary capacity is the legal term of art used to describe a person&#39;s legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory. Presumption of capacity. Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of their conduct when they executed the will. Certain people, such as minors, are usually deemed to be conclusively incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions. In South Africa

A private attorney general is an informal term originating in common law jurisdictions for a private attorney who brings a lawsuit claiming it to be in the public interest, for example, benefiting the general public and not just the plaintiff, on behalf of a citizen or group of citizens. The attorney may, at the equitable discretion of the court, be entitled to recover attorney&#39;s fees if they prevail. The rationale behind this principle is to provide extra incentive to private attorneys to pursue suits that may be of benefit to society at large. Private attorney general suits are commonly, though not always, brought as class actions in jurisdictions that permit the certification of class action lawsuits. Origin. Historically in English common law, a writ of qui tam was a writ through which private individuals who assist a prosecution can receive for themselves all or part of the damages or financial penalties recovered by the government as a result of the prosecuti

Within the U.S., trade secrets generally encompass a company&#39;s proprietary information that is not generally known to its competitors, and which provides the company with a competitive advantage. Although trade secrets law evolved under state common law, prior to 1974, the question of whether patent law preempted state trade secrets law had been unanswered. In 1974, the United States Supreme Court issued the landmark decision, Kewanee Oil Company v Bicron Corporation, which resolved the question in favor of allowing the states to freely develop their own trade secret laws. State law. In 1979, several U.S. states adopted the Uniform Trade Secrets Act (UTSA), which was further amended in 1985, with approximately 47 states having adopted some variation of it as the basis for trade secret law. Another significant development is the Economic Espionage Act (EEA) of 1996 (18 U.S.C. §§ 1831–1839), which makes the theft or misappropriation of a trade secret a federal

Some jurisdictions may commit certain types of dangerous sex offenders to state-run detention facilities following the completion of their sentence if that person has a &quot;mental abnormality&quot; or personality disorder that makes the person likely to engage in sexual offenses if not confined in a secure facility. In the United States, twenty states, the federal government, and the District of Columbia have a version of these commitment laws, which are referred to as &quot;Sexually Violent Predator&quot; (SVP) or &quot;Sexually Dangerous Persons&quot; laws. Generally speaking, SVP laws have three elements: (1) That the person has been convicted of a sexually violent offense (a term that is defined applicable statutes) (2) That the person suffers from a mental abnormality and or personality disorder, which causes him or her serious difficulty controlling his or her sexually violent behavior. (3) That this mental abnormality and or personality disorder makes the person like

Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the Southern States seceding from the Union - which is one of the causes for the American Civil War, the former Soviet republics leaving the Soviet Union after its dissolution, Texas leaving Mexico during the Texas Revolution, Biafra leaving Nigeria and returning after losing the Nigerian Civil War, and Ireland leaving the United Kingdom. Threats of secession can be a strategy for achieving more limited goals. It is, therefore, a process, which commences once a group proclaims the act of secession (for example declaration of independence). A secession attempt might be violent or peaceful, but the goal is the creation of a new state or entity independent from the group or territory it seceded from. Secession theory. There is no consensus regarding the definiti

A will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will) or that the will is otherwise invalid. Will contests generally focus on the assertion that the testator lacked testamentary capacity, was operating under an insane delusion, or was subject to undue influence or fraud. A will may be challenged in its entirety or in part. Courts and legislation generally feel a strong obligation to uphold the final wishes of a testator, and, without compelling evidence to the contrary, &quot;the law presumes that a will is valid and accurately reflects the wishes of the person who wrote it&quot;. A will may include an in terrorem clause, with language along the lines of &quot;any person who contests this will shall forfeit his legacy&quot;, which operates to disinherit any person who challenges the validity of the will. S

Quasi-tort is a legal term that is sometimes used to describe unusual tort actions, on the basis of a legal doctrine that some legal duty exists which cannot be classified strictly as negligence in a personal duty resulting in a tort nor as a contractual duty resulting in a breach of contract, but rather some other kind of duty recognizable by the law. It has been used, for example, to describe a tort for strict liability arising out of product liability, although this is typically simply called a &#39;tort&#39;. Although it is not to be found in most legal dictionaries, it has been used by some scholars such as Sri Lankan Lakshman Marasinghe. Lakshman proposes that the doctrine provides legal relief that falls outside tort or contract, but with some of the characteristics of tort or contract, as can be found in restitution (including unjust enrichment), equity (including unconscionable conduct), beneficiaries under a trust of the benefit of a promise, people protected by the

Trade secrets are a type of intellectual property that includes formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. Intellectual property law gives the owner of a trade secret the right to restrict others from disclosing it. In some jurisdictions, such secrets are referred to as confidential information. Definition. The precise language by which a trade secret is defined varies by jurisdiction, as do the particular types of information that are subject to trade secret protection. Three factors are common to all such definitions: A trade secret is information that: is not generally known to the public; confers economic benefit on its holder because the information is not publicly known; and where the holder makes reasonable efforts to

Additional restrictions beyond public notice. Sex offenders on parole or probation in the United States are generally subject to the same restrictions as other parolees and probationers. Sex offenders who have completed probation or parole may also be subject to restrictions above and beyond those of most felons. In some jurisdictions, they cannot live within a certain distance of places children or families gather. Such places are usually schools, worship centers, and parks, but could also include public venues (stadiums), airports, apartments, malls, major retail stores, college campuses, and certain neighborhoods (unless for essential business). In some U.S. states, they may also be barred from voting after a sentence has been completed and, at the federal level, barred from owning firearms, like all felons. Some U.S. states have Civil Confinement laws, which allow very-high-risk sex offenders to be placed in secure facilities, &quot;in many ways like prisons

Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence). A person who commits espionage is called an espionage agent or spy. Any individual or spy ring (a cooperating group of spies), in the service of a government, company, criminal organization, or independent operation, can commit espionage. The practice is clandestine, as it is by definition unwelcome. In some circumstances, it may be a legal tool of law enforcement and in others, it may be illegal and punishable by law. Espionage is often part of an institutional effort by a government or commercial concern. However, the term tends to be associated with state spying on potential or actual enemies for military purposes. Spying involving corporations is known as industrial espionage. One way to gather data and information about a targeted organization is by infiltrating its ranks. Spies can then return information such as the size and strength of enemy f

An oral will (or nuncupative will) is a will that has been delivered orally (that is, in speech) to witnesses, as opposed to the usual form of wills, which is written and according to a proper format. A minority of U.S. states (approximately 20 as of 2009), permit nuncupative wills under certain circumstances. Under most statutes, such wills can only be made during a person&#39;s &quot;last sickness,&quot; must be witnessed by at least three persons, and reduced to writing by the witnesses within a specified amount of time after the testator&#39;s death. Some states also place limits on the types and value of property that can be bequeathed in this manner. A few U.S. states permit nuncupative wills made by military personnel on active duty. Under the law in England and Wales oral wills are permitted to military personnel and merchant seamen on duty (see law report below) and it is common practice in Commonwealth countries. An analogy can be drawn to the concept of last

Non-economic damages caps are tort reforms to limit (for example, &quot;cap&quot;) damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. This is opposed to economic damages, which encompasses pecuniary harms such as medical bills, lost wages, lost future income, loss of use of property, costs of repair or replacement, the economic value of domestic services, and loss of employment or business opportunities. Non-economic damages should not be confused with punitive or exemplary damages, which are awarded purely to penalize defendants and do not aim to compensate either pecuniary or non-pecuniary losses. Non-economic damages caps are intended to reduce the ability of courts and, in the few jurisdictions which continue to maintain juries in civil cases, juries to award excessive or otherwise large damages for subjective harm that can

Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Overview. Trade dress is an extension of trademark protection to &quot;the design and shape of the materials in which a product is packaged, . &#39;Product configuration,&#39; the design and shape of the product itself, may also be considered a form of trade dress.&quot; Product configuration applies particularly to situations where the product can be seen within the packaging (for example a toy car sold in packaging that operates as a shadow box for commercial display within—the collective look it creates is trade dress), or where the packaging is part of the product (for example the bottle of a soft drink, along with its visible contents, are trade dress, though the bottle is actually pa

A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. Sex offender registration is usually accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. These may include (or have been proposed to include) restrictions on being in the presence of underage persons (those below the age of majority), living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, and th

Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one&#39;s native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (for example disloyalty) against one&#39;s monarch was known as high treason and treason against a lesser superior was petty treason. As jurisdictions around the world abolished petty treason, &quot;treason&quot; came to refer to what was historically known as high treason. At times, the term traitor has been used as a political epithet, regardless of any verifiable treasonable ac

A codicil is a testamentary or supplementary document similar but not necessarily identical to a will. In some jurisdictions, it may serve to amend, rather than replace, a previously executed will. In others, it may serve as an alternative to a will. In still others, there is no recognized distinction between a codicil and a will. Origins. The concept of a testamentary document as similar to but distinct from a will originated in Roman law. In the pre-classical period, a testator was required to nominate an heir in order for his will to be valid (heredis institutio). Failure to nominate an heir or failure to observe the proper formalities for nomination of an heir resulted in an estate divided pursuant to the rules of intestacy. However, a testator was also able to institute a fideicommissum, a more flexible and less formal indication of the testator&#39;s intent, which could have the effect of transferring part or all of his estate after death, although with fewer rig

Tort reform refers to changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation (particularly actions for negligence) or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services (for example medical malpractice insurance), and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature. United States. Tort reform advocates frequently contend that too many of the lawsuits filed in the United States each

In copyright law, related rights (or neighboring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighboring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law. Related rights vary much more widely in scope between different countries than authors' rights. The rights of performers, phonogram producers and broadcasting organizations are certainly covered, and are internationally protected by the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations signed in 1961. Within the European Union, the rights of film producers (as opposed to directors) and database creators are also protected by related rights, and the term is sometimes extended to include the sui generis rights in semiconductor topologies and other indu

Rehabilitation is the process of re-educating and retraining those who have committed a crime. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by particular offenders – but may also involve more general education such as literacy skills and work training. The goal is to reintegrate offenders back into society. Methods. A successful rehabilitation of a prisoner is also helped if convicted persons: are not placed in health-threateningly bad conditions, enjoy access to medical care and are protected from other forms of serious ill-treatment, are able to maintain ties to the outside world, learn new skills to assist them with working life on the outside, enjoy clear and detailed statutory regulations clarifying the safeguards applicable and governing the use and disposal of any record of data relating to criminal matters. Applications. Norway.</

Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon non-human animals. More narrowly, it can be the causing of harm or suffering for specific achievements, such as killing animals for entertainment; cruelty to animals sometimes encompasses inflicting harm or suffering as an end in itself, referred to as zoosadism. Divergent approaches to laws concerning animal cruelty occur in different jurisdictions throughout the world. For example, some laws govern methods of killing animals for food, clothing, or other products, and other laws concern the keeping of animals for entertainment, education, research, or pets. There are several conceptual approaches to the issue of cruelty to animals. Even though some practices, like animal fighting, are widely acknowledged as cruel, not all people and nations have the same definition of what constitutes animal cruelt

Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically. Neither should be confused with mirror wills which means two separate, identical wills, which may or may not also be mutual wills. Joint wills. A joint will is a single document executed by more than one person (typically between spouses), making which has effect in relation to each signatory's property upon death (unless the will is revoked (cancels) the will during the signatory's lifetime). Although a single document, the joint will is a separate distribution of property by each executor (signatory) and will be treated as such on admission to probate. Mutual wills are any two (or more) wills which are mutually binding, such that following the first death the survivor is constrained in the ability to dispose of the property by the agreement the s

Trover cases in the United States. Trover is the name of the action which lay, at common law, for the recovery of damages for the conversion of personal property in his possession, usually involving chattels held in bailment. Although the old forms of action have been abolished or disappeared under modern civil procedure in the United States, the common law action for conversion still exists in fact, if not in form. (Extensive case law is reviewed.)&nbsp; A person who purchases personal property from one not authorized to sell the chattel may be held liable for the conversion of the article. This is regardless of the fact that the purchaser was honestly mistaken, or acted innocently, in good faith and without knowledge of the seller's lack of authority to make the sale. This rule also holds in cases where the purchaser takes possession of the goods, mixes them with his own property, holds them to his own use, refuses to surrender possession on demand, disposes of the g

In copyright law, related rights (or neighboring rights) are the rights of a creative work not connected with the work's actual author. It is used in opposition to the term "authors' rights". Neighboring rights is a more literal translation of the original French droits voisins. Both authors' rights and related rights are copyrights in the sense of English or U.S. law. Related rights vary much more widely in scope between different countries than authors' rights. The rights of performers, phonogram producers and broadcasting organizations are certainly covered, and are internationally protected by the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations signed in 1961. Within the European Union, the rights of film producers (as opposed to directors) and database creators are also protected by related rights, and the term is sometimes extended to include the sui generis rights in semiconductor topologies and other indu

Recidivism from recidive and -ism, from Latin recidivus "recurring", from re- "back" and cado "I fall") is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior. It is also used to refer to the percentage of former prisoners who are rearrested for a similar offense. The term is frequently used in conjunction with criminal behavior and substance abuse. Recidivism is a synonym for "relapse", which is more commonly used in medicine and in the disease model of addiction. Norway has one of the lowest recidivism rates in the world at 20%. Prisons in Norway and the Norwegian criminal justice system focus on restorative justice and rehabilitating prisoners rather than punishment. United States. According to the latest study by the US Department of Justice, recidivism measures require three characteristics: 1. a starting event, such as a release from prison 2. a measure of failure following the sta

Terrorism, in its broadest sense, is the use of intentional violence and fear to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war against non-combatants (mostly civilians and neutral military personnel). The terms "terrorist" and "terrorism" originated during the French Revolution of the late 18th century but became widely used internationally and gained worldwide attention in the 1970s during the Troubles in Northern Ireland, the Basque conflict, and the Israeli–Palestinian conflict. The increased use of suicide attacks from the 1980s onwards was typified by the 2001 September 11 attacks in the United States. There are various different definitions of terrorism, with no universal agreement about it. Terrorism is a charged term. It is often used with the connotation of something that is "morally wrong". Governments and non-state groups use the term to abuse or denounce o

Legislation. Such were the principal stages in the history of the law as it affected wills made before 1838 or proved before 1858. The principal Acts in force in the early twentieth century were the Wills Act 1837, the amending Act of 1852, the Court of Probate Act 1857, the Judicature Acts 1873 and 1875, and the Land Transfer Act 1897. All but the Acts of 1837 and 1852 deal mainly with what happens to the will after death, whether under the voluntary or contentious jurisdiction of the Probate Division. The earliest on the statute roll is an Act of Henry the 3rd &nbsp;(1236), enabling a widow to bequeath the crops of her lands. Before the Wills Act 1837 uniformity in the law had been urgently recommended by the Real Property Commissioners in 1833. It appears from their report that at the time of its appearance there were ten different ways in which a will might be made under different circumstances. The Wills Act 1837 affected both the making and the interpretat

Trover is a form of lawsuit in common-law countries for recovery of damages for wrongful taking of personal property. Trover belongs to a series of remedies for such wrongful taking, its distinctive feature being recovery only for the value of whatever was taken, not for the recovery of the property itself. Overview Although actions in trover can be traced to the time of Bracton, and later Edward the 1st of England, it became more clearly defined later during the reign of Henry the 6th of England, 1422–1461 and 1470–1471. Action in trover became a mature legal doctrine during the reign of Elizabeth the 1st of England, 1558–1603. Early trover cases involved the keeping or taking of a bailment by the bailee (the person charged to hold the property with "ordinary care"). Others concerned the use of lost chattels found by another and determining who was the real owner. Early on, there was difficulty in dealing with situations where chattels held by a bailee were use

Plant genetic resources describe the variability within plants that comes from human and natural selection over millennia. Their intrinsic value mainly concerns agricultural crops (crop biodiversity). According to the 1983 revised International Undertaking on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organization (FAO), plant genetic resources are defined as the entire generative and vegetative reproductive material of species with economical and or social value, especially for the agriculture of the present and the future, with special emphasis on nutritional plants. In the State of the World’s Plant Genetic Resources for Food and Agriculture (1998) the FAO defined Plant Genetic Resources for Food and Agriculture (PGRFA) as the diversity of genetic material contained in traditional varieties and modern cultivars as well as crop wild relatives and other wild plant species that can be used now or in the future for food and agriculture.

A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the jurisdiction. Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have "paid their debt to society", or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction. Pardons are sometimes seen as a mechanism for combating corruption, allowing a p

A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules. During the 17th and 18th centuries (and earlier), duels were mostly single combat fought with swords (the rapier and later the small sword), but beginning in the late 18th century in England, duels were more commonly fought using pistols. Fencing and shooting continued to co-exist throughout the 19th century. The duel was based on a code of honor. Duels were fought not so much to kill the opponent as to gain "satisfaction", that is, to restore one's honor by demonstrating a willingness to risk one's life for it, and as such the tradition of dueling was originally reserved for the male members of nobility; however, in the modern era, it extended to those of the upper classes generally. On occasion, duels with swords or pistols were fought between women. Legislation against dueling goes back to the medieval period. The Fourth Council of the La

Legal history of wills Wills have a lengthy history. Ancient Greece. The Ancient Greek practice concerning wills was not the same in all places; some states permitted men to dispose of their estates, others wholly deprived them of that privilege. According to Plutarch, Solon "is much commended for his law concerning wills; for before his time no man was allowed to make any, but all the wealth of deceased persons belonged to their families; but he permitted them to bestow it on whom they pleased, esteeming friendship a stronger tie than kindred, and affection than necessity, and thus put every man's estate in the disposal of the possessor; yet he allowed not all sorts of wills, but required the following conditions in all persons that made them: That they must be citizens of Athens, not slaves, or foreigners, for then their estates were confiscated for the public use. That they must be men who have arrived at twenty years of age, for women and men u

Replevin or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Nature. From medieval times, there has also come down to us a summary process, known as replevin, by which a man out of whose possession goods have been taken may obtain their return until the right to the goods can be determined by a court of law. Replevin arose out of the need of a turbulent society to discourage resort to self help and although for a long time primarily used in disputes about distress between landlord and tenant, it was gradually expanded to cover all cases of allegedly wrongful dispossession. If the plaintiff wanted return of his chattel in specie, replevin was a more appropriate remedy than either trespass or trover in which only damages could be recovered. Restoration of the property is, of course, only provisional, pending determinat

Governing laws. The grant and enforcement of patents are governed by national laws, and also by international treaties, where those treaties have been given effect in national laws. Patents are granted by national or regional patent offices, for example national or regional administrative authorities. A given patent is therefore only useful for protecting an invention in the country in which that patent is granted. In other words, patent law is territorial in nature. When a patent application is published, the invention disclosed in the application becomes prior art and enters the public domain (if not protected by other patents) in countries where a patent applicant does not seek protection, the application thus generally becoming prior art against anyone (including the applicant) who might seek patent protection for the invention in those countries. Commonly, a nation or a group of nations forms a patent office with responsibility for operating that nation's patent s

Compensation for wrongful conviction. Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant's conviction has been reversed or they have been pardoned, "the person who has suffered punishment as a result of such conviction shall be compensated according to law". The right to compensation is also authorized by Article 3 of Protocol Number 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 10 of the American Convention on Human Rights. Four broad approaches allow for the payment of compensation following a miscarriage of justice: tort liability in common law; claims for a breach of constitutional or human rights; statutory relief where specific legislation exists to compensate individuals who are wrongfully convicted; and non-statutory relief by way of ex-gratia schemes based on the largesse of the government. In a s

Repeal of anti-miscegenation laws, 1948–1967. In 1948, the California Supreme Court ruled in Perez v Sharp (1948) that the California anti-miscegenation laws violated the Fourteenth Amendment to the United States Constitution, the first time since Reconstruction that a state court declared such laws unconstitutional, and making California the first state since Ohio in 1887 to overturn its anti-miscegenation law. The case raised constitutional questions in states which had similar laws, which led to the repeal or overturning of such laws in fourteen states by 1967. Sixteen states, mainly Southern states, were the exception. In any case, in the 1950s, the repeal of anti-miscegenation laws was still a controversial issue in the U.S., even among supporters of racial integration. In 1958, the political theorist Hannah Arendt, a Jewish refugee from Nazi Germany, who escaped from Europe during the Holocaust, wrote in an essay in response to the Little Rock Crisis, the

A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has been thought a "will" historically applied only to real property, while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), records show the terms have been used interchangeably. Thus, the word "will" validly applies to both personal and real property. A will may also create a testamentary trust that is effective only after the death of the testator. History. Throughout most of the world, the disposition of a dead person's estate has been a matter of social custom. According to Plutarch, the written will was invented by Solon.

Tracing is a legal process, not a remedy, by which a claimant demonstrates what has happened to his or her property, identifies its proceeds and those persons who have handled or received them, and asks the court to award a proprietary remedy in respect of the property, or an asset substituted for the original property or its proceeds. Tracing allows transmission of legal claims from the original assets to either the proceeds of sale of the assets or new substituted assets. Tracing ordinarily facilitates an equitable remedy, and is subject to the usual limitations and bars on equitable remedies in common law countries. In many common law countries, there are two concurrent processes, tracing at common law and tracing in equity. However, because the right to trace at common law is so circumscribed, the equitable process is almost universally relied upon, as equitable tracing can be performed into a mixed fund. Illustrations. "Tracing is thus neither a claim nor a

A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention. In most countries, patent rights fall under private law and the patent holder must sue someone infringing the patent in order to enforce their rights. In some industries patents are an essential form of competitive advantage; in others they are irrelevant. The procedure for granting patents, requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claims that define the scope of protection that is being sought. A patent may include many claims, each of which defines a specific property right. Under the World Trade Organization's (WTO) TRIPS Agreement, patents shoul

A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and or ineffective assistance of counsel (for example, inadequate defense strategies by the defendant's or respondent's legal team).

Anti-miscegenation laws. In the United States, anti-miscegenation laws were passed by most states to prohibit interracial marriage, and in some cases also prohibit interracial sexual relations. Some such laws predate the establishment of the United States, some dating to the later 17th or early 18th century, a century or more after the complete racialization of slavery. Nine states never enacted such laws; 25 states had repealed their laws by 1967, when the United States Supreme Court ruled in Loving v Virginia that such laws were unconstitutional (via the 14th Amendment adopted in 1868) in the remaining 16 states. The term miscegenation was first used in 1863, during the American Civil War, by journalists to discredit the abolitionist movement by stirring up debate over the prospect of interracial marriage after the abolition of slavery. Typically defining mixed-race marriages or sexual relations as a felony, these laws also prohibited the issuance of marriage license

Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit. In the United States, voluntary dismissal in Federal court is subject to Rule 41(a) of the Federal Rules of Civil Procedure. Rule 41(a)'s full text can be found below. Simply stated, Rule 41(a) allows the plaintiff to make a dismissal as long as the defendant has not filed an answer or filed a motion for summary judgment. If the defendant has taken such action, dismissal is only proper under two circumstances: a. all defendants stipulate to dismissal; or b. the judge overseeing the case rules for the case to be dismissed Once the case has been voluntarily dismissed, if it is brought to court again a dismissal in this se

Incidental damages. Incidental damages refers to the type of legal damages that are reasonably associated with, or related to, actual damages. In American commercial law, incidental damages are a seller's commercially reasonable expenses incurred in stopping delivery or in transporting and caring for goods after a buyer's breach of contract, (UCC Sec. 2-710) or a buyer's expenses reasonably incurred, for example, searching for and obtaining substitute goods. (UCC Sec. 2-715(1)). … Injunction. An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charge

International rights. In 1957, in France negotiations took place concerned with the protection of new varieties. This led to the creation of the Union Internationale pour la Protection des Obtentions Végétales (UPOV) and adoption of the first text of the International Convention for the Protection of New Varieties of Plants (UPOV Convention) in 1961. The purpose of the Convention was to ensure that the member states party to the Convention acknowledge the achievements of breeders of new plant varieties by making available to them an exclusive property right, on the basis of a set of uniform and clearly defined principles. The Convention was revised in Geneva in 1972, 1978 and 1991. Both the 1978 and the 1991 Acts set out a minimum scope of protection and offer member States the possibility of taking national circumstances into account in their legislation. Under the 1978 Act, the minimum scope of the plant breeder's right requires that the holder's prior authorisation

Exoneration occurs when the conviction for a crime is reversed, either through demonstration of innocence, a flaw in the conviction, or otherwise. Attempts to exonerate convicts are particularly controversial in death penalty cases, especially where new evidence is put forth after the execution has taken place. The transitive verb, "to exonerate" can also mean to informally absolve one from blame. The term "exoneration" also is used in criminal law to indicate a surety bail bond has been satisfied, completed, and exonerated. The judge orders the bond exonerated; the clerk of court time stamps the original bail bond power and indicates exoneration as the judicial order. Based on DNA evidence. DNA evidence is a relatively new instrument of exoneration. The first convicted defendant from a United States prison to be released on account of DNA testing was David Vasquez, who had been convicted of homicide, in 1989. Recently, DNA evidence has been used to exonerate a

Reverse censorship. Flooding the public, often through online social networks, with false or misleading information is sometimes called "reverse censorship". American legal scholar Tim Wu has explained that this type of information control, sometimes by state actors, can "distort or drown out disfavored speech through the creation and dissemination of fake news, the payment of fake commentators, and the deployment of propaganda robots." By media. Books Book censorship can be enacted at the national or sub-national level, and can carry legal penalties for their infraction. Books may also be challenged at a local, community level. As a result, books can be removed from schools or libraries, although these bans do not typically extend outside of that area. Films. Aside from the usual justifications of pornography and obscenity, some films are censored due to changing racial attitudes or political correctness in order to avoid ethnic stereotypin

A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents). The pieces of evidence should be accompanied by a declaration from the moving party that all copies of the documents are true and correct, including deposition excerpts. Each party may present to the court its view of applicable law by submitting a legal memorandum supporting, or opposing, the motion. The opposing party may also file its own summary-judgment motion (called a cross-motion), if the deadline still allows. The court may allow for oral argument of the lawyers, generally where the judge wishes to question the lawyers on issues in the case. Deadline for filing of the dispositive motions in the U.S. federal court system is set by the judge in the initial discovery pl

Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult t

Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. The moral rights include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work. Moral rights were first recognized in France and Germany, before they were included in

Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term probation applies only to community sentences (alternatives to incarceration), such as suspended sentences. In others, probation also includes supervision of those conditionally released from prison on parole. An offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer. During the period of probation, an offender faces the threat of being incarcerated if found breaking the rules set by the court or probation officer. Offenders are ordinarily required to maintain law-abiding behavior, and may be ordered to refrain from possession of firearms, remain employed, participate in an educational program, abide by a curfew, live at a directed place, obey the orders of the probation officer, or not leave the jurisdiction. The probationer mi

Begging (also panhandling) is the practice of imploring others to grant a favor, often a gift of money, with little or no expectation of reciprocation. A person doing such is called a beggar or panhandler. Beggars may operate in public places such as transport routes, urban parks, and markets. Besides money, they may also ask for food, drinks, cigarettes or other small items. Internet begging is the modern practice of asking people to give money to others via the Internet, rather than in person. Internet begging may encompass requests for help meeting basic needs such as medical care and shelter, as well as requests for people to pay for vacations, school trips, and other things that the beggar wants but cannot comfortably afford. Beggars differ from religious mendicants in that some mendicants do not ask for money. Their subsistence is reciprocated by providing society with various forms of religious service, moral education, and preservation of culture. United

In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, for example, without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defense or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law

General damages. General damages are monetary compensation for the non-monetary aspects of the specific harm suffered. These damages are sometimes termed 'pain, suffering and loss of amenity'. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, impairment of mental or physical capacity, hedonic damages or loss of enjoyment of life, etc. This is not easily quantifiable, and depends on the individual circumstances of the claimant. Judges in the United Kingdom base the award on damages awarded in similar previous cases. In 2012 the Court of Appeal of England and Wales noted that this court has not merely the power, but a positive duty, to monitor, and where appropriate to alter, the guideline rates for general damages in personal injury actions. General damages in England and Wales were increased by 10% for all cases where judgements were given after April 1, 2013, followin

Industrial design right. An industrial design right is an intellectual property right that protects the visual design of objects that are purely utilitarian. An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International Deposit of Industrial Designs, a WIPO-administered treaty, a procedure for an international registration exists. To qualify for registration, the national laws of most member states of WIPO require the design to be novel. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. Design

Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison. Originating from the French word parole ("speech, spoken words" but also "promise"), the term became associated during the Middle Ages with the release of prisoners who gave their word. This differs greatly from pardon, amnesty or commutation of sentence in that parolees are still considered to be serving their sentences, and may be returned to prison if they violate the conditions of their parole. Modern development. Alexander Maconochie, a Scottish geographer and captain in the Royal Navy, introduced the modern idea of parole when, in 1840, he was appointed superintendent of the British penal colonies in Norfolk Island, Australia. He developed a plan to prepare t

Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding. Like most other crimes in the common law system, to be convicted of perjury one must have had the intention (mens rea) to commit the act and to have actually committed the act (actus reus). Further, statements that are facts cannot be considered perjury, even if they might arguably constitute an omission, and it is not perjury to lie about matters that are immaterial to the legal proceeding. Statements that entail an interpretation of fact are not perjury because people often draw inaccurate conclusions unwittingly or make honest mistakes without the intent to deceive. Individuals may have honest but mistaken beliefs about certain facts or their recollection may be inaccurate, or may have a different perception of what is the accurate way to state the truth. In

In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, for example, without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defense or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law

At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History. Among the Saxons, a monetary value called a weregild was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had t

Tambunan Statement, February 1995. Indigenous people of Asia met at Tambunan, Sabah, East Malaysia, to assert rights of self-determination, and to express concern about, and fear of, the threat unfamiliar 'western' intellectual property rights systems may pose to them. It was agreed, in the Tambunan Statement on the Protection and Conservation of Indigenous Knowledge: For the Indigenous peoples of Asia, the intellectual property rights system is not only a very new concept but it is also very western...with &nbsp;intellectual property rights, alien laws will be devised to exploit the Indigenous knowledge and &nbsp;resources of the Indigenous peoples. Suva Statement, April 1995. Participants from the independent countries and "nonautonomous colonized territories" of the Pacific region met in Suva, Fiji, to discuss internationally dominant intellectual property rights regimes, and at that meeting they resolved to support the Kari Oca, Mataatua, Julayinbul,

Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life. In theory, an indefinite prison sentence could be very short, or it could be a life sentence if no decision is made after sentencing to lift the term. In many cases, either a minimum term is imposed or the maximum that can be served is the maximum allowable by law in the jurisdiction for the particular offense. Rationale. The main reason for imposing indefinite (as opposed to fixed) sentences is to protect the community. An offender can then be kept behind bars until it is determined the offender would not

Misprision of felony is a form of misprision, and an offense under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate him of that offense or another. With the development of modern law, this crime has been discarded in many jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. In this case, the offense of misfeasance in public office or malfeasance in public office may be considered instead. For example, corrections officers who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime. It has been abolished in: England, Wales and Scotland, as part of the criminal law reforms

Request for admission. A request for admission (sometimes also called a request to admit) is a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein. Requests for admission are part of the discovery process in a civil case. In the U.S. federal court system, they are governed by Rule 36 of the Federal Rules of Civil Procedure. Basic structure. A request for admission is a list of questions which are similar in some respects to interrogatories, but different in form and purpose. Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (for example for lack of knowledge, etcetera). This effectively puts the admissions in the form of true-false questions. For example, in a case involving an automobile accident, the plaintiff mig

oint and several liability. Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: jointly liable, or severally liable, or jointly and severally liable. Joint liability. If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; for example, the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor

Indigenous intellectual property is a term used in national and international forums to describe intellectual property that is "collectively owned" by various Indigenous peoples, and by extension, their legal rights to protect specific such property. This property includes cultural knowledge of their groups and many aspects of their cultural heritage and knowledge, including that held in oral history. In Australia, the term Indigenous cultural and intellectual property, abbreviated as ICIP, is commonly used. There have been various efforts made since the late 20th century towards providing some kind of legal protection for indigenous intellectual property in colonized countries, including a number of declarations made by various conventions of Indigenous peoples. The World Intellectual Property Organization (WIPO) was created in 1970 to promote and protect intellectual property across the world by cooperating with countries as well as international organizations. The UN's Dec

An execution warrant (also called death warrant or black warrant) is a writ that authorizes the execution of a condemned person. An execution warrant is not to be confused with a "license to kill", which operates like an arrest warrant but with deadly force instead of arrest as the end goal. United States. In the United States either a judicial or executive official designated by law issues an execution warrant. This is done when a person, in trial court proceedings, has been sentenced to death, after trial and conviction, and usually after appeals are exhausted. Normally when a death warrant is signed and an execution date is set, the condemned person is moved from his or her death row cell to a death watch cell, which is typically located adjacent to the execution chamber. Usually, the government agency charged with carrying out an execution, normally the state's Department of Corrections or the Federal Bureau of Prisons in federal cases, has a limited time frame, no

Compensation for wrongful conviction Article 14(6) of the International Covenant on Civil and Political Rights (ICCPR) states that when a miscarriage of justice has occurred and the defendant's conviction has been reversed or they have been pardoned, "the person who has suffered punishment as a result of such conviction shall be compensated according to law". The right to compensation is also authorized by Article 3 of Protocol Number 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 10 of the American Convention on Human Rights. Four broad approaches allow for the payment of compensation following a miscarriage of justice: tort liability in common law; claims for a breach of constitutional or human rights; statutory relief where specific legislation exists to compensate individuals who are wrongfully convicted; and non-statutory relief by way of ex-gratia schemes based on the largesse of the government. In a st

Conduct of depositions Depositions usually take place at the office of the court reporter or in the office of one of the law firms involved in a case. However, depositions are also sometimes taken at a witness's workplace or home, or in a nearby hotel's conference room. Generally, the deposition is attended by the person who is to be deposed, their attorney, court reporter, and other parties in the case who can appear personally or be represented by their counsels. Any party to the action and their attorneys have the right to be present and to ask questions. Prior to taking a deposition, the court reporter administers the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury. Thereafter, the court reporter makes a verbatim digital or stenographic record of all that is said during the deposition, in the same manner that witness testimony is recorded in court. Some jurisdictions allow stenomask techn

Trespassers. The Occupiers' Liability Act 1984 (and in Scotland the Occupiers' Liability (Scotland) Act 1960) requires all owners of property to take reasonable steps to make their premises safe for anyone who enters them, even those who enter as trespassers, if they are aware of a risk on the premises. However, the doctrine of volenti has been applied to cases where a trespasser exposed themselves deliberately to risk: Titchener v British Railways Board, Ratcliff v McConnell, and Tomlinson v Congleton Borough Council. In the first case (decided before the Occupier's Liability Act was passed), a girl who had trespassed on the railway was hit by a train. The House of Lords ruled that the fencing around the railway was adequate, and the girl had voluntarily accepted the risk by breaking through it. In the second case, a student who had broken into a closed swimming-pool and injured himself by diving into the shallow end was similarly held responsible

A geographical indication (GI) is a name or sign used on products which corresponds to a specific geographical location or origin (for example, a town, region, or country). The use of a geographical indication, as an indication of the product's source, is intended as a certification that the product possesses certain qualities, is made according to traditional methods, or enjoys a good reputation due to its geographical origin. Article 22.1 of the TRIPS Agreement defines geographical indications as "...indications which identify a good as originating in the territory of a Member , or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin." Appellation d'origine contrôlée ('Appellation of origin') is a sub-type of geographical indication where quality, method, and reputation of a product originate from a strictly defined area specified in its intellectual proper

A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation. Academic studies have found that the main factors contributing to miscarriages of justice are: eyewitness misidentification; faulty forensic analysis; false confessions by vulnerable suspects; perjury and lies stated by witnesses; misconduct by police, prosecutors or judges; and or ineffective assistance of counsel (for example, inadequate defense strategies by the defendant's or respondent's legal team).

Juvenile offenders. The death penalty for juvenile offenders (criminals aged under 18 years at the time of their crime although the legal or accepted definition of juvenile offender may vary from one jurisdiction to another) has become increasingly rare. Considering the age of majority is not 18 in some countries or has not been clearly defined in law, since 1990 ten countries have executed offenders who were considered juveniles at the time of their crimes: The People's Republic of China (PRC), Bangladesh, Democratic Republic of Congo, Iran, Iraq, Japan, Nigeria, Pakistan, Saudi Arabia, Sudan, the United States, and Yemen. China, Pakistan, the United States, Yemen and Saudi Arabia have since raised the minimum age to 18. Amnesty International has recorded 61 verified executions since then, in several countries, of both juveniles and adults who had been convicted of committing their offenses as juveniles. The PRC does not allow for the execution of those under 18, but child e

In law, interrogatories (also known as requests for further information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary in order to clarify matters of fact and help to determine in advance what facts will be presented at any trial in the case. Use. Interrogatories are used to gain information from the other party relevant to the issues in a lawsuit. The law and issues will differ depending upon the facts of a case and the laws of the jurisdiction in which a lawsuit is filed. For some types of cases there are standard sets of interrogatories available that cover the essential facts, and may be modified for the case in which they are used. When a lawsuit is filed, the pleadings filed by the parties are intended to let the other parties know what each side intends to prove at trial, and what legal case they have to answer. However, in most cases, the parties will require additional information to fully u

Respondeat superior (Latin: "let the master answer"; plural: respondeant superiores) is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents. For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions. In a broader scope, respondeat superior is based upon the concept of vicarious liability. In common law. The concept of respondeat superior has its roots in ancient Rome. At the time, the concept applied to slaves, as that was the meaning of what has been translated as servants, and it applied if the slave could not pay himself for the act. It was later expanded to apply to not only slaves but also animals and family members of the master of a family. In 1698, the doctrine was mentioned in dicta by Sir Holt in the

A database right is a sui generis property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. Such rights are often referred to in the plural: database rights. The TRIPS Agreement requires that copyright protection extends to databases and other compilations if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright. Many countries act in accordance with this requirement, as databases are protected by copyright if this condition is met, and there is no separate intellectual property right protecting databases (or any aspects of them) that do not meet the condition for copyright protection. The database right extends protection over databases which does not depend on the conditi

Capital punishment, also known as the death penalty, is a state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that the person is responsible for violating norms that warrant said punishment. The sentence ordering that an offender is to be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against the person, such as murder, mass murder, aggravated cases of rape (often including child sexual abuse), terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, a

Compounding a felony was an offense under the common law of England and was classified as a misdemeanor. It consisted of a prosecutor or victim of an offense accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony. To "compound", in this context, means to come to a settlement or agreement. It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute. Under the common law, compounding a felony was punishable as a misdemeanor. Many states have enacted statutes that punish the offense as a felony. Compounding a misdemeanor is not a crime. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy. Compounding has been abolished in England and Wales, in Northern Ireland, in the Republic of Ireland, and in New South Wales. In each of these cases, it has been replaced by a statutory of

Federal law. Discovery in the United States is unique compared to other common law countries. In the United States, discovery is mostly performed by the litigating parties themselves, with relatively minimal judicial oversight. The Federal Rules of Civil Procedure guide discovery in the U.S. federal court system. Most state courts follow a similar version based upon the FRCP, Chapter V "Depositions &amp; Discovery" . According to the Federal Rules of Civil Procedure, the plaintiff must initiate a conference between the parties after the complaint was served to the defendants, to plan for the discovery process. The parties should attempt to agree on the proposed discovery schedule, and submit a proposed Discovery Plan to the court within 14 days after the conference. After that, the main discovery process begins which includes: initial disclosures, depositions, interrogatories, request for admissions (RFA) and request for production of documents (RFP). In most federal d

The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law. This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (for example due to a pre-existing vulnerability or medical condition). The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury. It may also take into account the family and cultural environment. The term implies that if a person had a skull as delicate as that of the s

Limitations and exceptions. In many jurisdictions, copyright law makes exceptions to these restrictions when the work is copied for the purpose of commentary or other related uses. United States copyright law does not cover names, titles, short phrases or listings (such as ingredients, recipes, labels, or formulas). However, there are protections available for those areas copyright does not cover, such as trademarks and patents. Idea–expression dichotomy and the merger doctrine. The idea–expression divide differentiates between ideas and expression, and states that copyright protects only the original expression of ideas, and not the ideas themselves. This principle, first clarified in the 1879 case of Baker v Selden, has since been codified by the Copyright Act of 1976 at 17 U.S.C. § 102(b). The first-sale doctrine and exhaustion of rights. Copyright law does not restrict the owner of a copy from reselling legitimately obtained copies of copyright

In Canada, England, and Wales, certain convicted persons may be designated as dangerous offenders and subject to a longer, or indefinite, term of imprisonment in order to protect the public. Other countries, including parts of the United States have similar provisions of law. Worldwide. United States. In the United States, "Dangerous offender" statutes are defined on a state-by-state basis and are applied at sentencing such that the enhanced "dangerous offender" sentence stems from the original illegal activity. A person under "dangerous offender" sentencing is typically held for a minimum term that coincides with the sentence the person would have received without the "dangerous offender" sentence, and thereafter is subject to review of the person's state of mind as a determination of eligibility for release. Alternatively, a person can be civilly committed if a judicial hearing determines that a concurrent mental disorder makes the person likely to rema

Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The term finds its roots in an Enlightenment view that the Germanic Vandals were a uniquely destructive people. As a crime. Private citizens commit vandalism when they willfully damage or deface the property of others or the commons. Some vandalism may qualify as culture jamming or sniggling: it is thought by some to be artistic in nature even though carried out illegally or without the property owner's permission. Examples include at least some graffiti art, billboard "liberation", and possibly crop circles. Criminal vandalism takes many forms. Graffiti on public property is common in many inner cities as part of a gang culture, where they might be used as territorial markers. More serious forms of vandalism that may take place

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and depositions. Discovery can be obtained from non-parties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. History Discovery evolved out of a unique feature of early equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These were statements of evidence that the plaintiff assumed to exist in support of his pleading and which he believed lay within the knowledge of the defendant. They strongly resembled modern requests for admissions, in that the defe

An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken. Background. As a matter of public policy, damages available for intentional torts tend to be broader and more generous than for negligent torts. To preserve individual well-being and overall social welfare, society generally wishes to deter its members from intentionally attacking each other. For example, in the United States, it is easier to get punitive damages (damages above and beyond compensatory damages) if one can prove that the tort was intentional. Similarly, in most Australian jurisdictions, intentional torts are not in

Registration. In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce their exclusive rights. However, while registration is not needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the US, registering after an infringement only enables one to receive actual damages and lost profits.) A widely circulated strategy to avoid the cost of copyright registration is referred to as the poor man's copyright. It proposes that the creator send the work to themself in a sealed envelope by

A suspended sentence is a sentence on conviction for a criminal offense, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation, the sentence is usually considered fulfilled. If the defendant commits another offense or breaks the terms of probation, the court can order the sentence to be served, in addition to any sentence for the new offense. United States. In the United States, it is common practice for judges to hand down suspended sentences to first-time offenders who have committed a minor crime, and for prosecutors to recommend suspended sentences as part of a plea bargain. They are often given to mitigate the effect of penalties. In some jurisdictions, the criminal record of the guilty party will still carry the offense, even after probation is adequately served. It is important

Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. Someone who carries out an act of theft may be described as a "thief" (plural: thieves). Theft is the name of a statutory offense in California, Canada, England and Wales, Hong Kong, Northern Ireland, the Republic of Ireland, and the Australian states of South Australia and Victoria. Elements. The actus reus of theft is usually defined as an unauthorized taking, keeping, or using of another's property which must be accompanied by a mens rea of dishonesty and the intent to permanently deprive

A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party in a c

The defense of property is a common method of justification used by defendants who argue that they should not be held liable for any loss and injury that they have caused because they were acting to protect their property. English law. Generally, in addition to the right of self-defense at common law, section 3 of the Criminal Law Act 1967 states that, A person may use such force as is reasonable in the circumstances in the prevention of crime or in arresting offenders or suspects. Insofar as an attack on property is a crime, reasonable force may be used to prevent the crime or to arrest the offender, whether it be theft of a sum of money or the damage of an object. In many cases of robbery and burglary, the threat will be to both a person and property, and this combination can be a powerful defense. In AG's Reference (No 2 of 1983) (1984) Lane CJ held that a defendant who manufactured ten petrol bombs to defend his shop during the Toxteth Riots could set

A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial

Mandatory sentencing requires that offenders serve a predefined term for certain crimes, commonly serious and violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws. Mandatory sentencing laws often target "moral vices" (such as alcohol, sex, drugs) and crimes that threaten a person's livelihood. The idea is that there are some crimes that are so heinous, there is no way to accept the offender back into the general populat

Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the taxpayer's tax liability, and it includes dishonest tax reporting, declaring less income, profits or gains than the amounts actually earned, overstating deductions, using bribes against authorities in countries with high corruption rates and hiding money in secret locations. Tax evasion is an activity commonly associated with the informal economy. One measure of the extent of tax evasion (the "tax gap") is the amount of unreported income, which is the difference between the amount of income that should be reported to the tax authorities and the actual amount reported. In contrast, tax avoidance is the legal use of tax laws to reduce one's tax burden. Both tax evasion and tax avoidance can be viewed as forms of tax noncompliance, as t

In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the moving party, or may simply be the movant. The party opposing the motion is the nonmoving party or nonmovant. Process. In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions made duri

The right of self-defense (also called, when it applies to the defense of another, alter ego defense, defense of others, defense of a third person) is the right for people to use reasonable or defensive force, for the purpose of defending one's own life (self-defense) or the lives of others, including – in certain circumstances – the use of deadly force. If a defendant uses defensive force because of a threat of deadly or grievous harm by the other person, or a reasonable perception of such harm, the defendant is said to have a "perfect self-defense" justification. If the defendant uses defensive force because of such a perception, and the perception is not reasonable, the defendant may have an "imperfect self-defense" as an excuse. General concepts – legal theory. Justification does not make a criminal use of force lawful; if the use of force is justified, it cannot be criminal at all. The early theories make no distinction between defense of the person

A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial

In law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences for multiple crimes may be a concurrent sentence, where sentences of imprisonment are all served together at the same time, or a consecutive sentence, in which the period of imprisonment is the sum of all sentences served one after the other. Additional sentences include intermediate, which allows an inmate to be free for about 8 hours a day for work purposes; determinate, which is fixed on a number of days, months, or years; and indeterminate or bifurcated, which mandates the minimum period be served in an institutional setting such as a prison followed by street time period of parole, supervised release or probation until the total sentence is completed. If a sentence is reduced to a less harsh punishment, then the sentence is said to have been

Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various motivations to smuggle. These include the participation in illegal trade, such as in the drug trade, illegal weapons trade, prostitution, human trafficking, kidnapping, exotic wildlife trade, art theft, heists, chop shops, illegal immigration or illegal emigration, tax evasion, import or export restrictions, providing contraband to prison inmates, or the theft of the items being smuggled. Smuggling is a common theme in literature, from Bizet's opera Carmen to the James Bond spy books (and later films) Diamonds Are Forever and Goldfinger. Types of smuggling. Goods. Much smuggling occurs when enterprising merchants attempt to supply demand for a good or service that is illegal or heavily taxed. As a result, i

Interpleader is a civil procedure device that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not know to whom the property should be transferred. It is often used to resolve disputes arising under insurance contracts. Terminology and overview. In an interpleader action, the party initiating the litigation, normally the plaintiff, is termed the stakeholder. The money or other property in controversy is called the res (a Latin word meaning object or thing). All defendants having a possible interest in the subject matter of the case are called claimants. In some jurisdictions, the plaintiff is referred to as the plaintiff-in-interpleader and each claimant a claimant-in-interpleader. An interpleader proceeding has two stages. The first stage determines if the stakeholder is entitled to an inte

A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and property law, though often under different names and with varying details. When the time which is specified in a statute of limitations runs out, a claim might no longer be filed or, if it is filed, it may be subject to dismissal if the defense against that claim is raised that the claim is time-barred as having been filed after the statutory limitations period. When a statute of limitations expires in a criminal case, the courts no longer have jurisdiction. Most common crimes, misconducts and wrongdoings that have statutes of limitations are distinguished from particularly serious crimes because these claims may be brought at any time. In civil law systems, such pro

"Author's rights" is a term frequently used in connection with laws about intellectual property. The term is considered as a direct translation of the French term droit d’auteur (also German Urheberrecht). It was first (1777) promoted in France by Pierre-Augustin Caron de Beaumarchais, who had close relations with Benjamin Franklin. It is generally used in relation to the copyright laws of civil law countries and in European Union law. Authors' rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties. “Author” is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to the protected work being created, although the exact definition varies from country to country. Authors’ rights have two distinct components: the economic rights in the work and the moral rights of the author. The economic right

In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions. Etymology. The term "verdict", from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver ("true", from the Latin vērus) and dit ("speech", from the Latin dictum, the neuter past participle of dīcere, to say). Criminal law. In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by a judgment of conv

Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offense may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burglary, shoplifting, pickpocketing, or car theft) by its inherently violent nature (a violent crime); whereas many lesser forms of theft are punished as misdemeanors, robbery is always a felony in jurisdictions that distinguish between the two. Under English law, most forms of theft are triable either way, whereas robbery is triable only on indictment. The word "rob" came via French from Late Latin words (for example, deraubare) of Germanic origin, from Common Germanic raub "theft". Among the types of

In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or trial and occurs if the issues or parties involved overlap sufficiently to make the process more efficient or fairer. That helps courts avoid hearing the same facts multiple times or seeing the same parties return to court separately for each of their legal disputes. The term is also used in the realm of contracts to describe the joining of new parties to an existing agreement. Criminal procedure. Joinder in criminal law refers to the inclusion of additional counts or additional defendants on an indictment. In English law, charges for any offense may be joined in the same indictment if those charges are founded on the same facts or form or are a part of a series of offenses of the same or a similar nature. A number of defendants may be joined in the same indictment even if no single count applies to all of them if the count

Assumption of risk is a defense, specifically an affirmative defense, in the law of torts, which bars or reduces a plaintiff's right to recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which the plaintiff was participating at the time of their injury. Primary versus secondary. "Primary" assumption of risk occurs when the plaintiff knows about a particular risk and—through words or conduct—accepts that risk, thereby relieving the defendant of its duty of care. The primary assumption of risk defense operates as a complete bar to recovery. For example, someone who goes skiing assumes the risk that they will fall and break a bone and cannot sue a ski resort for such an injury in the absence of additional fault, such as the failure to properly maintain safety equipment. "Secondary" assumption of risk exists where the defendant has a co

Objections to overly broad intellectual property laws. Some critics of intellectual property, such as those in the free culture movement, point at intellectual monopolies as harming health (in the case of pharmaceutical patents), preventing progress, and benefiting concentrated interests to the detriment of the masses, and argue that the public interest is harmed by ever-expansive monopolies in the form of copyright extensions, software patents, and business method patents. More recently scientists and engineers are expressing concern that patent thickets are undermining technological development even in high-tech fields like nanotechnology. Petra Moser has asserted that historical analysis suggests that intellectual property laws may harm innovation: Overall, the weight of the existing historical evidence suggests that patent policies, which grant strong intellectual property rights to early generations of inventors, may discourage innovation. On the contrary,

Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries, especially the United States, bail usually implies a bail bond, a deposit of money or some form of property to the court by the suspect in return for the release from pre-trial detention. If the suspect does not return to court, the bail is forfeited and the suspect may possibly be brought up on charges of the crime of failure to appear. If the suspect returns to make all their required appearances, bail is returned after the trial is concluded. In other countries, such as the United Kingdom, bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. For minor crimes, a defendant may be summoned to cour

Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individual may be charged with a misdemeanor or felony, depending on the value of the stolen goods, and the goods are returned to the original owner. If the individual did not know the goods were stolen, then the goods are returned to the owner and the individual is not prosecuted. However, it can be difficult to prove or disprove a suspect's knowledge that the goods were stolen. Nature of offense by country. United States. In the United States, receipt of stolen property is a federal crime under 18 U.S.C. § 2315, and is defined as knowingly receiving, concealing, or disposing of stolen property with a value of at least $5,000 such that it also constitutes interstate commerce (for example, has been transported across state li

In law, an answer was originally a solemn assertion in opposition to someone or something, and thus generally any counter-statement or defense, a reply to a question or response, or objection, or a correct solution of a problem. In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court. The pleading in the criminal case, which is entered on the record in open court, is usually either guilty or not guilty. Generally speaking in private, civil cases there is no plea

Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as understood in specific contexts may differ from its everyday meaning. For example, a person with a mental disorder, a low mental age, or under the legal age of sexual consent may willingly engage in a sexual act that still fails to meet the legal threshold for consent as defined by applicable law. United Nations agencies and initiatives in sex education programs believe that teaching the topic of consent as part of a comprehensive sexuality education is beneficial. Types of consent include implied consent, express consent, informed consent and unanimous consent. Types. An expression of consent is one that is unmistakably stated, rather than implied. It may be given in writing, by speech (orally), or non-verbally, for example by

Financial incentive. These exclusive rights allow owners of intellectual property to benefit from the property they have created, providing a financial incentive for the creation of an investment in intellectual property, and, in case of patents, pay associated research and development costs. In the United States Article 1 Section 8 Clause 8 of the Constitution, commonly called the Patent and Copyright Clause, reads; "The Congress shall have power 'To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.'" ”Some commentators, such as David Levine and Michele Boldrin, dispute this justification. In 2013 the United States Patent &amp; Trademark Office approximated that the worth of intellectual property to the U.S. economy is more than US $5 trillion and creates employment for an estimated 18 million American people. The value of intellectual property is co

In jurisprudence, double jeopardy is a procedural defense (primarily in common law jurisdictions) that prevents an accused person from being tried again on the same (or similar) charges following an acquittal or conviction and in rare cases prosecutorial and or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law. In civil law, a similar concept is that of res judicata. Variation in common law countries is the peremptory plea, which may take the specific forms of autrefois acquit ('previously acquitted') or autrefois convict ('previously convicted'). These doctrines appear to have originated in ancient Roman law, in the broader principle non bis in idem ('not twice against the same'). Availability as a legal defense. If a double-jeopardy issue is raised, evidence will be placed before the court, which will typically rule as a preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented f

Pickpocketing is a form of larceny that involves the stealing of money or other valuables from the person or a victim's pocket without them noticing the theft at the time. It may involve considerable dexterity and a knack for misdirection. A thief who works in this manner is known as a pickpocket. As an occupation. Pickpockets and other thieves, especially those working in teams, sometimes apply distraction, such as asking a question or bumping into the victim. These distractions sometimes require sleight of hand, speed, misdirection and other types of skills. Pickpockets may be found in any crowded place around the world. However, Barcelona and Rome were recently singled out as being particularly dangerous pickpocket havens. Thieves have been known to operate in high traffic areas such as mass transit stations, even boarding subway trains so they can use the distractions of crowds and sudden stop-and-go movements from the train to steal from others. As soon as

A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a dem

Elements of delict The elements of a delict as follows: The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societal policy perspective. Delict is "inherently a flexible set of principles that embody social policy." harm sustained by the plaintiff; conduct on the part of the defendant which is wrongful; a causal connection between the conduct and the plaintiff's harm; and fault or blameworthiness on the part of the defendant. Elements of delict The elements of a delict as follows: The elements of harm and conduct are fact-based inquiries, while causation is part-factual and part-normative, and wrongfulness and fault are entirely normative: that is, value-based, in that they articulate a wider societal policy perspective. Delict is "inherently a flexible set of principles th

In criminal law, self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another &nbsp;in a criminal prosecution or the danger thereof". (Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; or indirectly, when information of a self-incriminatory nature is disclosed voluntarily without pressure from another person). In many legal systems, accused criminals cannot be compelled to incriminate themselves—they may choose to speak to police or other authorities, but they cannot be punished for refusing to do so. There are 108 countries and jurisdictions that currently issue legal warnings to suspects, which include the right to remain silent and the right to legal counsel. These laws are not uniform across the world; however, members of the European Union have developed their laws around th

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are copyrights, patents, trademarks, and trade secrets. The modern concept of intellectual property developed in England in the 17th and 18th centuries. The term "intellectual property" began to be used in the 19th century, though it was not until the late 20th century that intellectual property became commonplace in the majority of the world's legal systems. The main purpose of intellectual property law is to encourage the creation of a wide variety of intellectual goods. To achieve this, the law gives people and businesses property rights to the information and intellectual goods they create, usually for a limited period of time. This gives economic incentive for their creation, because it allows people to benefit from the information and intellectual

Payola, in the music industry, is the illegal practice of paying a commercial radio station to play a song without the station disclosing the payment. Under US law, a radio station must disclose songs they were paid to play on the air as sponsored airtime. The number of times the songs are played can influence the perceived popularity of a song, and payola may be used to influence these meters. The Federal Communications Commission (FCC) treats payola as a violation of the Sponsorship Identification Rules, which requires any broadcast of paid material to include a disclosure. The term payola is a combination of "pay" and "ola", which is a suffix of product names common in the early 20th century, such as Pianola, Victrola, Amberola, Crayola, Rock-Ola, Shinola, or brands such as the radio equipment manufacturer Motorola. History. Prior to the 1930s, there was little public scrutiny of the reasoning behind a song's popularity. The advertising agencies which sponsor

Class action cases present significant ethical challenges. Defendants can hold reverse auctions and any of several parties can engage in collusive settlement discussions. Subclasses may have interests that diverge greatly from the class but may be treated the same. Proposed settlements could offer some groups (such as former customers) much greater benefits than others. In one paper presented at an ABA conference on class actions in 2007, authors commented that "competing cases can also provide opportunities for collusive settlement discussions and reverse auctions by defendants anxious to resolve their new exposure at the most economic cost". Defendant class action. Although normally plaintiffs are the class, defendant class actions are also possible. For example, in 2005, the Roman Catholic Archdiocese of Portland in Oregon was sued as part of the Catholic priest sex-abuse scandal. All parishioners of the Archdiocese's churches were cited as a defendant class. This w

Nuisance. "Nuisance" is traditionally used to describe an activity which is harmful or annoying to others such as indecent conduct or a rubbish heap. Nuisances either affect private individuals (private nuisance) or the general public (public nuisance). The claimant can sue for most acts that interfere with their use and enjoyment of their land. In English law, whether activity was an illegal nuisance depended upon the area and whether the activity was "for the benefit of the commonwealth", with richer areas subject to a greater expectation of cleanliness and quiet. The case Jones v Powell (1629) provides an early example, in which a person's professional papers were damaged by the vapors of a neighboring brewery. Although the outcome of this case is unclear, Whitelocke of the Court of the King's Bench is recorded as saying that since the water supply in area was already contaminated, the nuisance was not actionable as it is "better that they should be spoiled than that the c

Michael Milken. On 29 March 1989 American financier Michael Milken was indicted on 98 counts of racketeering and fraud relating to an investigation into an allegation of insider trading and other offenses. Milken was accused of using a wide-ranging network of contacts to manipulate stock and bond prices. It was one of the first occasions that a RICO indictment was brought against an individual with no ties to organized crime. Milken pleaded guilty to six lesser felonies of securities fraud and tax evasion, rather than risk spending the rest of his life in prison and ended up serving 22 months in prison. Milken was also ordered banned for life from the securities industry. On September 7, 1988, Milken's employer, Drexel Burnham Lambert, was threatened with RICO charges under respondeat superior, the legal doctrine that corporations are responsible for their employees' crimes. Drexel avoided RICO charges by entering an Alford plea to lesser felonies of stock parking and

In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right. The exclusionary rule may also, in some circumstances at least, be considered to follow directly from the constitutional language, such as the Fifth Amendment's command that no person "shall be compelled in any criminal case to be a witness against himself" and that no person "shall be deprived of life, liberty or property without due process of law." The exclusionary rule is grounded in the Fourth Amendment in the Bill of Rights, and it is intended to protect citizens from illegal searches and seizures. The exclusionary rule is also designed to provide a remedy and disincentive for criminal prosecution from prosecutors and polic

A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action originated in the United States and is still predominantly a US phenomenon, but Canada, as well as several European countries with civil law, have made changes in recent years to allow consumer organizations to bring claims on behalf of consumers. Description. In a typical class action, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties. This differs from a traditional lawsuit, where one party sues another party, and all of the parties are present in court. Although standards differ between states and countries, class actions are most common where the allegations usually involve at least 40 people who the same defendant has injured in the same way. Instead of each damaged p

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits a tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from custo

The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (enacted October 15, 1970) and is codified at 18 U.S.C. chapter 96 as 18 U.S.C. §§ 1961–1968. G Robert Blakey, an adviser to the United States Senate Government Operations Committee, drafted the law under the close supervision of the committee's chairman, Senator John Little McClellan. It was enacted as Title 9 of the Organized Crime Control Act of 1970, and signed into law by US President Richard M Nixon. While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread. Beginning in 1972, thirty-three states adopted state RICO laws to be able to prosecute si

United States. The Sixth Amendment to the United States Constitution provides: In all criminal prosecutions, the accused shall enjoy the right…to have the Assistance of Counsel for his defense. The assistance of counsel clause includes, as relevant here, five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself pro se. A defendant does not have a Sixth Amendment right to counsel in any civil proceeding, including a deportation hearing (even though deportability is often a collateral consequence of criminal conviction). However, as described below, there are certain civil proceedings where parties have a right to appointed counsel; such a right is pursuant to the Fourteenth Amendment's due process or equal protection clause, a state constitution's due process or equal protection clause, or a federal/state statute.

Tortious interference, also known as intentional interference with contractual relations, in the common law of torts, occurs when one person intentionally damages someone else's contractual or business relationships with a third party, causing economic harm. As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party; or they could obstruct someone's ability to honor a contract with a client by deliberately refusing to deliver necessary goods. A tort of negligent interference occurs when one party's negligence damages the contractual or business relationship between others, causing economic harm, such as, by blocking a waterway or causing a blackout that prevents the utility company from being able to uphold its existing contracts with consumers. Description. Tortious interference with contract rights. Tortious interference with

A flat tax (short for flat-rate tax) is a tax with a single rate on the taxable amount, after accounting for any deductions or exemptions from the tax base. It is not necessarily a fully proportional tax. Implementations are often progressive due to exemptions, or regressive in case of a maximum taxable amount. There are various tax systems that are labeled "flat tax" even though they are significantly different. The defining characteristic is the existence of only one tax rate other than zero, as opposed to multiple non-zero rates that vary depending on the amount subject to taxation. A flat tax system is usually discussed in the context of an income tax, where progressivity is common, but it may also apply to taxes on consumption, property or transfers. Major categories. Flat tax proposals differ in how the subject of the tax is defined. True flat-rate income tax. A true flat-rate tax is a system of taxation where one tax rate is applied to all p

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (for example, a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (for example, a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. A hoax is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim. As a civil wrong. In common law jurisdictions, as a civil wrong, fraud is a tort. While the precise def

Land value taxation (for example, property tax applied only to the unimproved value of land) has a long history in the United States dating back from Physiocratic influence on Thomas Jefferson and Benjamin Franklin. It is most famously associated with Henry George and his book Progress and Poverty (1879), which argued that because the supply of land is fixed and its location value is created by communities and public works, the economic rent of land is the most logical source of public revenue. and which had considerable impact on turn-of-the-century reform movements in America and elsewhere. Every single state in the United States has some form of property tax on real estate and hence, in part, a tax on land value. However, Pennsylvania in particular has seen local attempts to rely more heavily on the taxation of land value. History. Physiocratic influence in the United States came by Benjamin Franklin and Thomas Jefferson as Ambassadors to France. Jefferson also brou

Insurance bad faith is a tort unique to the law of the United States (but with parallels elsewhere, particularly Canada) that an insurance company commits by violating the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. In common law countries such as Australia and the UK, the issue is usually framed in the context of a failure of the duty of utmost good faith originating in English insurance law, which does not constitute a tort but rather provides the insured a contractual remedy unique to insurance law. If an insurance company violates the implied covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is significant because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. In addition, consequential damage

The United States federal state and local tax (SALT) deduction is an itemized deduction that allows taxpayers to deduct certain taxes paid to state and local governments from their adjusted gross income. The Tax Cuts and Jobs Act of 2017 put a $10,000 cap on the SALT deduction for the years 2018–2025. The SALT deduction reduces the cost of state and local taxes to taxpayers. It disproportionately benefits wealthy and high-earning taxpayers in areas with high state and local taxes. The Tax Policy Center estimated in 2016 that fully eliminating the SALT deduction would increase federal revenue by nearly $1.3 trillion over 10 years. Definition. For United States Federal Income Tax purposes, state and local taxes are defined in section 170(a) of the Internal Revenue Code as taxes paid to states and localities in the forms of: (1) real property taxes; (2) personal property taxes; (3) income, war profits, and excess profits taxes; and (4) general sales taxes. The Tax

Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of Mitchel v Reynolds (1711) Lord Smith LC said, It is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business. Restraints of trade can also appear in post-termination restrictive covenants in employment contracts. United States. In the US, the first

Internet transactions. Through the Internet's history, purchases made over the Internet within the United States have generally been exempt from sales tax, as courts have followed the Supreme Court ruling from Quill Corporation v North Dakota (1992) that a state may only collect sales tax from a business selling products over the Internet if that entity has a physical location in the state. This decision was based on the Dormant Commerce Clause that prevents states from interfering in interstate commerce, unless granted that authority by Congress. Some retailers, like Amazon.com, had voluntarily started collecting sales tax on purchases even from states where they do not have a physical presence. Many states also have a line item on their tax returns allowing the payment of state sales tax when state income tax is filed by an individual or corporation. In May 2013, the Senate passed the Marketplace Fairness Act, which would allow states to collect sales taxes for purch

Insurance bad faith is a tort unique to the law of the United States (but with parallels elsewhere, particularly Canada) that an insurance company commits by violating the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. In common law countries such as Australia and the UK, the issue is usually framed in the context of a failure of the duty of utmost good faith originating in English insurance law, which does not constitute a tort but rather provides the insured a contractual remedy unique to insurance law. If an insurance company violates the implied covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is significant because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. In addition, consequential damage

Missouri imposes a sales tax upon all sales of tangible personal property, as well as some "taxable services"; it also charges a use tax for the "privilege of storing, using or consuming within this state any article of tangible personal property." The state rate, including conservation and other taxes, is 4.225%, and counties, municipalities, and other political subdivisions charge their own taxes. Those additional local taxes combined with "community improvement district," "transportation development district," and "museum district" taxes can result in merchandise sales taxes in excess of 10%. The state sales tax rate on certain foods is 1.225%. Missouri provides several exemptions from sales tax, such as purchases by charitable organizations or some common carriers (as opposed to "contract carriers"). Missouri also excludes some purchases from taxation on the grounds that such sales are not sales at retail; these include sales to political subdivisions. The Supreme Court o

In conflict of laws, the term lex loci (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the lex causae (the laws chosen to decide a case). General principles. When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the lex fori, the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the lex causae, the law to be applied to each cause of action. Blackacre, Whiteacre, Greenacre, Brownacre, and variations are the placeholder names used for fictitious

The Hague Conference on Private International Law (HCCH) is an intergovernmental organization in the area of private international law (also known as conflict of laws), that administers several international conventions, protocols and soft law instruments. The Hague Conference was first convened by Tobias Asser in 1893 in The Hague. In 1911, Asser received the Nobel Prize for Peace for his work in the field of private international law, and in particular for his achievements with respect to the HCCH. After World War II, the Hague Conference was established as an international organization. History. A permanent diplomatic conference. On the initiative of Tobias Asser, the First Diplomatic Session of the HCCH was convened in 1893. Its aim was, and remains, to "work for the progressive unification of the rules of private international law", including by creating, and assisting in the implementation of, multilateral conventions that promote the harmonization

Tax resistance in the United States has been practiced at least since colonial times, and has played important parts in American history. Tax resistance is the refusal to pay a tax, usually by means that bypass established legal norms, as a means of protest, nonviolent resistance, or conscientious objection. It was a core tactic of the American Revolution and has played a role in many struggles in America from colonial times to the present day. In addition, the philosophy of tax resistance, from the "no taxation without representation" axiom that served as a foundation of the Revolution to the assertion of individual conscience in Henry David Thoreau's Civil Disobedience, has been an important plank of American political philosophy. Theory. The theory that there should be "no taxation without representation," while it did not originate in America, is often associated with the American Revolution, in which that slogan did strong duty. It continues to be a

In tort law, detinue is an action to recover for the wrongful taking of personal property. It is initiated by an individual who claims to have a greater right to their immediate possession than the current possessor. For an action in detinue to succeed, a claimant must first prove that he had better right to possession of the chattel than the defendant and second that the defendant refused to return the chattel once demanded by the claimant. Detinue allows for a remedy of damages for the value of the chattel, but unlike most other interference torts, detinue also allows for the recovery of the specific chattel being withheld. History. Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the l

A gift tax is a tax imposed on the transfer of ownership of property during the giver's life. The United States Internal Revenue Service says that a gift is "Any transfer to an individual, either directly or indirectly, where full compensation (measured in money or money's worth) is not received in return." When a taxable gift in the form of cash, stocks, real estate, or other tangible or intangible property is made, the tax is usually imposed on the donor (the giver) unless there is a retention of an interest which delays completion of the gift. A transfer is "completely gratuitous" when the donor receives nothing of value in exchange for the given property. A transfer is "gratuitous in part" when the donor receives some value but the value of the property received by the donor is substantially less than the value of the property given by the donor. In this case, the amount of the gift is the difference. In the United States, the gift tax is governed by Chapter 12, Su

Felony - A crime carrying a penalty of more than a year in prison.&nbsp; A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (From the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.&nbsp; --- Send in a voice message: https://podcasters.spotify.com/pod/show/law-school/message Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

United States v Texas was United States Supreme Court case that involved the Texas Heartbeat Act (also known as Senate Bill 8 or SB8), a state law that bans abortion once a fetal heartbeat is detected, typically six weeks into pregnancy. A unique feature of the Act, and challenges to it, is the delegation of enforcement to any and all private individuals who are authorized by the Act to file civil actions against abortion providers who violate it, and aiders and abetters, while state and local officials are prohibited from doing so. The Act is stated by its opponents to go against the landmark 1973 Supreme Court decision Roe v Wade, which bans states from regulating abortions during the first trimester of pregnancy in favor of the woman's right to privacy guaranteed by the Fourteenth Amendment. As one of several challenges to the law, the Supreme Court within United States v Texas will consider and decide whether the federal government has standing and the right to sue Texas

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlaw obstruct or deprive of freedom from restraint of movement". One can retrieve wounded or expired game from neighboring properties and boundaries even if the neighboring landowner does not give permission as long as there are no weapons in posse