This document provides an overview of Chapter 3 from a presentation on legal ethics. It discusses a lawyer's duties to the court, including maintaining candor, fairness, and good faith. A lawyer must not knowingly misquote or misrepresent information to the court. A lawyer should also observe respect for judicial officers by dressing properly, appearing punctually, and refraining from offensive language or behavior in court. Finally, a lawyer has a duty to assist in the efficient administration of justice by adequately preparing for cases and avoiding delays.
Florida’s New Power of Attorney Law - Ten Things You Need to KnowFBass
The document summarizes 10 key things to know about Florida's new power of attorney law, which took effect in October 2011. It overhauled the state's power of attorney statutes and imposed new requirements. Existing powers of attorney signed before October 2011 are still valid, as are valid out-of-state powers of attorney, but the new law changes how powers of attorney must be executed and witnessed going forward. It also outlines new rules for agents, such as record keeping responsibilities, and the rights of third parties to accept or deny powers of attorney.
This document provides information about various writs that can be issued by courts in Sri Lanka. It discusses the following:
- The five main prerogative writs are certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- Prerogative remedies were originally only available to the Crown but became generally available to ordinary litigants by the late 16th century.
- The grounds for judicial review through writs include want of jurisdiction, violations of natural justice like bias or lack of a right to be heard, and errors on the face of the record.
- Sri Lankan courts have jurisdiction to issue writs according to English common law traditions. Judicial
R.A. 386 (Civil Code of the Philippines - Artcile 1723)Nicole Balaaldia
This document summarizes key aspects of the Civil Code of the Philippines. It discusses that the Civil Code was enacted through Republic Act 386 in 1949 and is the basic law governing private legal matters in the Philippines. It influenced by the Spanish Civil Code and was drafted by commissions formed by Philippine presidents. The Civil Code contains four books covering persons, property, ownership, and obligations/contracts. It establishes 19 fundamental rights and liberties protected from obstruction in Article 32. The document also provides details on leases and holds engineers, architects, and contractors liable for building collapses within 15 years due to defects.
This document outlines the course content for a law and business law course. It covers several parts: an introduction to law and business law defining key terms; obligations in general and the nature and effect of obligations; general provisions on contracts; and defective contracts. The introduction defines law and discusses sources of law and characteristics of business law. Obligations are discussed in terms of their essential requisites and effects. General provisions on contracts cover elements, stages, characteristics and classifications of contracts. Defective contracts discusses rescissible, voidable, unenforceable and void contracts.
This document provides an introduction to business law. It defines law and explains the need for laws in society to regulate behavior. The main branches of law are described as constitutional law, administrative law, criminal law, civil law, and commercial law. Sources of law are explained as statutory law, case law, natural law, English mercantile law, and customs. Key legal concepts such as legal positivism, legal realism, stare decisis, precedent, and civil versus criminal law are introduced. The document concludes by noting how laws regulate all areas of business and factors owners must consider.
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam , Actori incumbit onus probandi , Actio Personalis Moritur Cum Persona , Actus Non Facit Reum Nisi Mens Sit Rea , Assignatus utitur jure auctoris etc .with their English meaning and related case law.
This document outlines general provisions on obligations under Philippine law. It discusses the different sources of obligations that can arise from law, contracts, quasi-contracts, unlawful acts, and quasi-delicts. It also describes the nature and effects of obligations, distinguishing between pure and conditional obligations. Specific articles define obligations to give and do certain things, negligence and fraud liability, transferability of rights, and more.
Florida’s New Power of Attorney Law - Ten Things You Need to KnowFBass
The document summarizes 10 key things to know about Florida's new power of attorney law, which took effect in October 2011. It overhauled the state's power of attorney statutes and imposed new requirements. Existing powers of attorney signed before October 2011 are still valid, as are valid out-of-state powers of attorney, but the new law changes how powers of attorney must be executed and witnessed going forward. It also outlines new rules for agents, such as record keeping responsibilities, and the rights of third parties to accept or deny powers of attorney.
This document provides information about various writs that can be issued by courts in Sri Lanka. It discusses the following:
- The five main prerogative writs are certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- Prerogative remedies were originally only available to the Crown but became generally available to ordinary litigants by the late 16th century.
- The grounds for judicial review through writs include want of jurisdiction, violations of natural justice like bias or lack of a right to be heard, and errors on the face of the record.
- Sri Lankan courts have jurisdiction to issue writs according to English common law traditions. Judicial
R.A. 386 (Civil Code of the Philippines - Artcile 1723)Nicole Balaaldia
This document summarizes key aspects of the Civil Code of the Philippines. It discusses that the Civil Code was enacted through Republic Act 386 in 1949 and is the basic law governing private legal matters in the Philippines. It influenced by the Spanish Civil Code and was drafted by commissions formed by Philippine presidents. The Civil Code contains four books covering persons, property, ownership, and obligations/contracts. It establishes 19 fundamental rights and liberties protected from obstruction in Article 32. The document also provides details on leases and holds engineers, architects, and contractors liable for building collapses within 15 years due to defects.
This document outlines the course content for a law and business law course. It covers several parts: an introduction to law and business law defining key terms; obligations in general and the nature and effect of obligations; general provisions on contracts; and defective contracts. The introduction defines law and discusses sources of law and characteristics of business law. Obligations are discussed in terms of their essential requisites and effects. General provisions on contracts cover elements, stages, characteristics and classifications of contracts. Defective contracts discusses rescissible, voidable, unenforceable and void contracts.
This document provides an introduction to business law. It defines law and explains the need for laws in society to regulate behavior. The main branches of law are described as constitutional law, administrative law, criminal law, civil law, and commercial law. Sources of law are explained as statutory law, case law, natural law, English mercantile law, and customs. Key legal concepts such as legal positivism, legal realism, stare decisis, precedent, and civil versus criminal law are introduced. The document concludes by noting how laws regulate all areas of business and factors owners must consider.
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam , Actori incumbit onus probandi , Actio Personalis Moritur Cum Persona , Actus Non Facit Reum Nisi Mens Sit Rea , Assignatus utitur jure auctoris etc .with their English meaning and related case law.
This document outlines general provisions on obligations under Philippine law. It discusses the different sources of obligations that can arise from law, contracts, quasi-contracts, unlawful acts, and quasi-delicts. It also describes the nature and effects of obligations, distinguishing between pure and conditional obligations. Specific articles define obligations to give and do certain things, negligence and fraud liability, transferability of rights, and more.
The document summarizes the classification of writs in Bangladeshi law:
[1] Writ of mandamus directs a lower court, tribunal, or public authority to perform a legal duty they are required by law to do.
[2] Writ of prohibition forbids a lower court or authority from acting outside its jurisdiction or authority.
[3] Writ of certiorari allows the higher court to examine the records of lower court or tribunal proceedings to check for legal errors or violations of principles of natural justice.
This document provides an overview of key concepts in business law in India. It begins with definitions of law and the need for understanding business laws. It outlines the sources of business law in India, including English mercantile law, statute law, common law, and customs/usages. The document then covers the law of contracts in detail, providing definitions of contract and agreement, essential elements of a valid contract, and distinguishing features of contracts versus other types of agreements. Key acts governing business in India are also listed.
The document discusses due process of law in the Philippines. It defines due process as requiring a fair legal process where individuals are not deprived of life, liberty, or property without fair procedures. Due process includes substantive due process, which examines the validity and objectives of laws, and procedural due process, which requires a fair hearing before judgment. The key elements of due process are a fair administration of justice, protection of parties' rights, efficiency, and effectiveness. For due process to be followed, courts must be impartial, have proper jurisdiction, allow defendants an opportunity to be heard, and only render judgment after a lawful hearing.
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam ,Actori incumbit onus probandi etc with their English meaning and related case law.
The document provides an introduction to business law, including definitions of key concepts like law and legal systems. It outlines several major areas of law like contracts, torts, and property law. It also discusses sources of law such as legislation, judicial precedent, and customs. Business law regulates industry and commerce while promoting the rights of businesses. It has become more important with increasing globalization and complex modern business activities.
The document provides guidance on drafting deeds. It defines a deed and its basic principles such as being clear, concise, consistent and having a coherent arrangement. It describes the typical components of a deed such as the title, dates, parties, recitals, terms and conditions, signatures. It explains different types of deeds like sale deeds, lease deeds and partnership deeds. It provides details on standard clauses included in deeds around dispute resolution, governing law and modifications. Overall, the document serves as a reference for properly drafting different types of legal deeds.
This document provides an overview of law and its sources in India. It defines law and discusses its key purposes and functions which include making human associations possible, ensuring orderly conduct, and achieving justice, continuity and impartiality. It classifies law into public law and private law. The principal sources of law discussed are customs, judicial precedents, and statutes. Customary law derives from long-standing practices while precedents provide consistency through the doctrine of stare decisis. Statutes are laws passed by legislatures. The document also discusses the hierarchy of courts in India and how higher courts' rulings bind lower courts.
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
The document discusses when writs can be issued for breach of contract under Indian law. The Supreme Court and High Courts have writ jurisdiction to issue writs against the State. Writs generally cannot be issued in purely contractual matters between private parties unless there is a public element involved. Writs may be issued if the State acts arbitrarily or violates principles of natural justice in contractual matters. Case law examples are provided where writs have both been issued and not issued in contractual disputes with the State.
This document provides definitions and classifications of business law concepts. It discusses what law is, the different types of laws, and business entities. It defines law and discusses its four principal functions. It describes the different classifications of laws such as written vs unwritten, national vs international, public vs private, substantive vs procedural, criminal vs civil. It also defines common business law terms related to contracts, business organizations, and commercial transactions.
The document provides an in-depth overview of the due process clause of the 5th and 14th Amendments to the US Constitution. It discusses that due process originated from the Magna Carta and requires the government to follow fair procedures before depriving someone of life, liberty, or property. The document also examines key Supreme Court cases that have interpreted and expanded due process rights. It analyzes the debate around substantive versus procedural due process and the impact of due process in protecting individual rights and limiting government overreach.
This document provides an introduction to business and labour law. It discusses the key differences between criminal and civil liability. Criminal law deals with crimes and punishment, while civil law regulates disputes and provides compensation. It also summarizes the main sources of law, including legislation, precedent, customs, common law, and equity. Equity developed to provide remedies that were not available under common law. While courts have merged common law and equity, they remain distinct approaches.
Classification of law - Legal Environment of business - Business Law - Manu M...manumelwin
Public Law is concerned with the legal relation between the state and the individuals. All laws relating to the distribution and exercise of power by the state are the part of public law.
The document discusses the nature of law by providing definitions and perspectives from different scholars. It begins by stating that the nature of law refers to the meaning, definition, significance, and characteristics of law. It then examines definitions of law from several legal theorists and schools of thought. Austin defines law as a general command of the sovereign backed by sanction. Salmond defines it as a body of principles recognized and applied by the state in the administration of justice. Holland defines it as a general rule of external human action enforced by a sovereign political authority. The document explores these definitions and their limitations in summarizing key aspects of the nature and meaning of law.
This document summarizes key concepts from the Philippine Constitution and related case law. It discusses the three inherent powers of the state (taxation, police power, eminent domain), the doctrine of state immunity from suit, basic human rights, the bill of rights in the 1987 Constitution, elements of a nation, key constitutional concepts like archipelagic doctrine and self-executory/non-executory provisions, and summaries of several Supreme Court cases dealing with issues like income taxation, presidential powers, and separation of church and state.
Ratzinger understanding of intermediate state of the soul by borgjie disturaborgjie distura
This document discusses Joseph Ratzinger's perspective on the intermediate state between death and resurrection. Ratzinger criticizes the idea of "resurrection in death" proposed by some theologians after Vatican II, arguing it does not do justice to the Church's teaching of bodily resurrection. He asserts the Thomistic understanding of the relationship between body and soul, informed by Christian faith, best resolves the issue. According to Ratzinger, the soul does not leave behind its relationship to the body after death, and bodily resurrection will occur on the last day.
This document discusses the call of all people, including lay faithful, to communio and mission. It declares 2012 as the "Year of the Pontifical Mission Societies" in the Philippines. All are called by God to labor in His vineyard, which represents the world. The lay faithful, found at the interaction between Church and world, are called to accept a mission on behalf of the Church. Their mission is to be in communio with the life and mission of the Church, and to bear witness to the Redemption of Christ through building a just world and combating secularism.
The document summarizes the classification of writs in Bangladeshi law:
[1] Writ of mandamus directs a lower court, tribunal, or public authority to perform a legal duty they are required by law to do.
[2] Writ of prohibition forbids a lower court or authority from acting outside its jurisdiction or authority.
[3] Writ of certiorari allows the higher court to examine the records of lower court or tribunal proceedings to check for legal errors or violations of principles of natural justice.
This document provides an overview of key concepts in business law in India. It begins with definitions of law and the need for understanding business laws. It outlines the sources of business law in India, including English mercantile law, statute law, common law, and customs/usages. The document then covers the law of contracts in detail, providing definitions of contract and agreement, essential elements of a valid contract, and distinguishing features of contracts versus other types of agreements. Key acts governing business in India are also listed.
The document discusses due process of law in the Philippines. It defines due process as requiring a fair legal process where individuals are not deprived of life, liberty, or property without fair procedures. Due process includes substantive due process, which examines the validity and objectives of laws, and procedural due process, which requires a fair hearing before judgment. The key elements of due process are a fair administration of justice, protection of parties' rights, efficiency, and effectiveness. For due process to be followed, courts must be impartial, have proper jurisdiction, allow defendants an opportunity to be heard, and only render judgment after a lawful hearing.
The presentation deals with some legal maxims used in India starting from what is a legal maxim to some legal maxims used in Indian Courts viz. Actus Dei Nemini Injuriam ,Actori incumbit onus probandi etc with their English meaning and related case law.
The document provides an introduction to business law, including definitions of key concepts like law and legal systems. It outlines several major areas of law like contracts, torts, and property law. It also discusses sources of law such as legislation, judicial precedent, and customs. Business law regulates industry and commerce while promoting the rights of businesses. It has become more important with increasing globalization and complex modern business activities.
The document provides guidance on drafting deeds. It defines a deed and its basic principles such as being clear, concise, consistent and having a coherent arrangement. It describes the typical components of a deed such as the title, dates, parties, recitals, terms and conditions, signatures. It explains different types of deeds like sale deeds, lease deeds and partnership deeds. It provides details on standard clauses included in deeds around dispute resolution, governing law and modifications. Overall, the document serves as a reference for properly drafting different types of legal deeds.
This document provides an overview of law and its sources in India. It defines law and discusses its key purposes and functions which include making human associations possible, ensuring orderly conduct, and achieving justice, continuity and impartiality. It classifies law into public law and private law. The principal sources of law discussed are customs, judicial precedents, and statutes. Customary law derives from long-standing practices while precedents provide consistency through the doctrine of stare decisis. Statutes are laws passed by legislatures. The document also discusses the hierarchy of courts in India and how higher courts' rulings bind lower courts.
Commercial law, also known as business law or corporate law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales.[1] It is often considered to be a branch of civil law and deals with issues of both private law and public law.
Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership.[2] It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.
The document discusses when writs can be issued for breach of contract under Indian law. The Supreme Court and High Courts have writ jurisdiction to issue writs against the State. Writs generally cannot be issued in purely contractual matters between private parties unless there is a public element involved. Writs may be issued if the State acts arbitrarily or violates principles of natural justice in contractual matters. Case law examples are provided where writs have both been issued and not issued in contractual disputes with the State.
This document provides definitions and classifications of business law concepts. It discusses what law is, the different types of laws, and business entities. It defines law and discusses its four principal functions. It describes the different classifications of laws such as written vs unwritten, national vs international, public vs private, substantive vs procedural, criminal vs civil. It also defines common business law terms related to contracts, business organizations, and commercial transactions.
The document provides an in-depth overview of the due process clause of the 5th and 14th Amendments to the US Constitution. It discusses that due process originated from the Magna Carta and requires the government to follow fair procedures before depriving someone of life, liberty, or property. The document also examines key Supreme Court cases that have interpreted and expanded due process rights. It analyzes the debate around substantive versus procedural due process and the impact of due process in protecting individual rights and limiting government overreach.
This document provides an introduction to business and labour law. It discusses the key differences between criminal and civil liability. Criminal law deals with crimes and punishment, while civil law regulates disputes and provides compensation. It also summarizes the main sources of law, including legislation, precedent, customs, common law, and equity. Equity developed to provide remedies that were not available under common law. While courts have merged common law and equity, they remain distinct approaches.
Classification of law - Legal Environment of business - Business Law - Manu M...manumelwin
Public Law is concerned with the legal relation between the state and the individuals. All laws relating to the distribution and exercise of power by the state are the part of public law.
The document discusses the nature of law by providing definitions and perspectives from different scholars. It begins by stating that the nature of law refers to the meaning, definition, significance, and characteristics of law. It then examines definitions of law from several legal theorists and schools of thought. Austin defines law as a general command of the sovereign backed by sanction. Salmond defines it as a body of principles recognized and applied by the state in the administration of justice. Holland defines it as a general rule of external human action enforced by a sovereign political authority. The document explores these definitions and their limitations in summarizing key aspects of the nature and meaning of law.
This document summarizes key concepts from the Philippine Constitution and related case law. It discusses the three inherent powers of the state (taxation, police power, eminent domain), the doctrine of state immunity from suit, basic human rights, the bill of rights in the 1987 Constitution, elements of a nation, key constitutional concepts like archipelagic doctrine and self-executory/non-executory provisions, and summaries of several Supreme Court cases dealing with issues like income taxation, presidential powers, and separation of church and state.
Ratzinger understanding of intermediate state of the soul by borgjie disturaborgjie distura
This document discusses Joseph Ratzinger's perspective on the intermediate state between death and resurrection. Ratzinger criticizes the idea of "resurrection in death" proposed by some theologians after Vatican II, arguing it does not do justice to the Church's teaching of bodily resurrection. He asserts the Thomistic understanding of the relationship between body and soul, informed by Christian faith, best resolves the issue. According to Ratzinger, the soul does not leave behind its relationship to the body after death, and bodily resurrection will occur on the last day.
This document discusses the call of all people, including lay faithful, to communio and mission. It declares 2012 as the "Year of the Pontifical Mission Societies" in the Philippines. All are called by God to labor in His vineyard, which represents the world. The lay faithful, found at the interaction between Church and world, are called to accept a mission on behalf of the Church. Their mission is to be in communio with the life and mission of the Church, and to bear witness to the Redemption of Christ through building a just world and combating secularism.
This document discusses customer service and what customers want from service providers. It defines internal and external customers and emphasizes that customers are the most important part of any business. The document outlines customers' expectations such as being treated with courtesy and respect. It also discusses the concepts of service quality, value, and the five dimensions of service quality - tangibles, reliability, responsiveness, assurance, and empathy.
Shobhana is a 25-year old genius from India who has conquered everything in her home country and is now traveling to the United States. While her parents think she is focusing on learning new skills like cooking, and her friends assume she will be partying, Shobhana thinks she is on holiday. However, she will actually be studying for her exams with Professor Aswath Damodaran and celebrating her birthday in the US where she has found two close friends.
Pope Benedict XVI has declared a Year of Faith to address the crisis of desensitized faith caused by Christians focusing more on social and political issues than the foundation of faith. This crisis presents an opportunity for rediscovery and renewal. Some causes of declining faith include religious ignorance, obsession with materialism, and lackluster witness from believers. To remedy this, believers must strongly witness their faith to illuminate truth, remain committed to sharing faith, and understand that believing strengthens both others and oneself.
Write up on year of faith, new evan and crisis of faithborgjie distura
This document discusses the trend of religious indifference in the modern workplace. It argues that many view spirituality as inconsistent with work and separate the sacred from the secular. This has led to a lack of holistic development for employees. Pope Benedict XVI declared a Year of Faith to help rediscover and renew faith amid this crisis. The Adult Workplace Spirituality program aims to foster religious literacy in the workplace so that employees can find meaning and purpose in their jobs through a spiritual lens.
The document introduces "THE MONOLITH of D Company" and provides some brief details about the person including their education background from CEG, Infy, and IIMB for Rs. 7000. It refers to them as a "GEM" of a boy and mentions they enjoy eating ginger and monkeys. It also notes wanting to travel to Mysore and references someone or something called "NALANDHAANA" and warns "MALLU GIRLS BEWARE". Finally, it states this person just loves "RG-giri" and ran away from campus on Rakhi day, and bribed girls to not vote for them as "Bhaiyya of the Batch".
The document discusses several topics related to same-sex marriage from a Catholic perspective:
1. It outlines the Catholic Church's opposition to same-sex marriages, noting they will never be recognized.
2. It discusses the Church's view that marriage has both procreative and unitive aspects, and that allowing same-sex marriage denies its inherent procreative nature and definition.
3. It examines some of the accepted grounds for annulment in the Catholic Church, including lack of intention, incapacity, ignorance, and force or fear.
This document appears to be a collection of poems and short writings by an author named borgjie distura. There is no clear overarching theme or narrative across the pieces. The document includes poems on various topics like nature, relationships, faith and reflections on life. It explores themes of love, gratitude, fear, doubt and finding purpose through ordinary experiences.
Single Asset Real Estate Cases (Series: Ethical Issues in Real Estate-Based B...Financial Poise
Anyone involved in the field of creditors rights on a matter involving an LLC that exists solely to hold the principal asset has surely seen the play where, the night before property is scheduled to be sold at a foreclosure auction, the debtor files bankruptcy. For those not familiar with the process, doing so invokes the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The debtor then attempts to make their case to the court for reorganization. But is failing to pay your mortgage really something bankruptcy was meant to solve? If the bank was going to agree to a loan modification, wouldn’t the parities have worked something out by the time the sheriff sale was set? The bankruptcy code recognizes this and therefore has a section devoted to dealing with this specific kind of bankruptcy—the Single Asset Real Estate (“SARE”) case. The goal of this episode is to look into ethical issues surrounding these matters.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/single-asset-real-estate-cases-2020/
This document summarizes key case law doctrines in political law from a Philippines Supreme Court case. It discusses that:
1) The Philippines Constitution does not define or restrict marriage based on sex, gender, sexual orientation. It can accommodate a contemporary understanding of these concepts.
2) The Supreme Court has the power of judicial review to determine if other branches of government have abused their discretion or acted beyond their jurisdiction. However, it can only rule on actual cases and controversies, not hypothetical situations.
3) Parties bringing a case must have legal standing, meaning a personal interest affected by the case, not just an interest in the general issues. The Court does not provide advisory opinions or rule on abstract questions
Insider Lease Agreements (Series: Ethical Issues in Real Estate-Based Bankrup...Financial Poise
It is a common play in real estate to create a separate operating entity to serve as a tenant and execute a lease between the owner of the property and himself. Typically, this happens in assets which serve as a real estate-based business, such as a retail property. The structure enables the operator to reduce the taxable income of the business and also provide a liability shield for the property owner. This arrangement can lead to some ethical issues should the property owner become distressed. For example, is the lease amount above market and therefore being used to inflate the property valuation? Is rent actually being paid? Is there a proper lease in place or just an internal handshake? Attorneys need to understand the set-up in order to know what is in bounds and what is outside the lines. This webinar looks at this leasing structure and examines the issues that may arise.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/insider-lease-agreements-2020/
Valuing Real Estate Assets (Series: Ethical Issues in Real Estate-Based Bankr...Financial Poise
As the expression goes, the value of real estate is in the eye of the beholder. Ultimately, the value is whatever the market is willing to pay. While income producing properties, particularly with credit worthy tenants, may be fairly routine to value based on current rate of return demands in the market, non-income producing properties may be more speculative. For example, even the most seasoned appraiser may struggle with finding comparative sales for a property. A landowner might see their property value go up exponentially “if only” the city council will allow for a zoning variance. Many an owner believes their property is in the “path of progress”, but when? Is it reasonable to value a property “as stabilized” if it is only forty percent leased? These are the types of questions we will consider.
To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/valuing-real-estate-assets-2020/
Vantage Lighting Philippines vs. Atty. Jose A. Dino, Jr., A.C. No. 7389 & 105...ElleAlamo
1) The Supreme Court of the Philippines considered two disbarment complaints, one filed against lawyer Jose Diño Jr. by former clients Vantage Lighting Philippines and others, and one filed by Diño against Vantage's new lawyers Paris and Sherwin Real.
2) Diño represented to Vantage that he could secure a temporary restraining order by bribing the judge with P150,000, violating the Code of Professional Responsibility. He later threatened Vantage when they refused to pay additional fees.
3) The Court ruled that Diño's conduct, including claiming the judiciary could be bought, warranted disbarment from practicing law. A three-year suspension was too light a penalty given the
The document discusses key aspects of civil law cases, including requirements that must be met before filing a lawsuit in federal court. It notes that the claimant must exhaust all administrative remedies by filing with the EEOC and evaluate the viability of their case by assessing whether there was a real injury and if the court has proper jurisdiction. It also outlines the burden of proof in civil cases and criteria that must be met to establish a prima facie case of discrimination under Title VII.
The document discusses the Code of Responsibility for lawyers in the Philippines. It provides definitions for key concepts like "good moral character" and outlines the code's 22 canons. It also describes how lawyers can be disciplined or disbarred for violating the code through lack of good moral character or negligence in handling client's cases. Specifically, it summarizes a case where a lawyer was suspended for 1 year for negligence that led to the dismissal of a client's petition before the Supreme Court and failing to inform clients of the dismissal for 3 years.
Indiana Attorney General Todd Rokita says the Disciplinary Commission is bowing to "political pressure" in its effort to make his confidential agreement public.
Case Study : Business Law I Essay
Unit 2 Business Law Essay
Business Law
Business Law Essay
Business Law: Case Study Questions And Answers
The Business Law Short Essay
Business Law Essay
Business Law
Business Law Questions and Answers
Business Law and Ethics Essay
Business Law Essay
Business Law
Business Law Essay
Business Law Essay
Common Law Vs Civil Law Essay
Business Law
Business Law Essay
Business Law Essay
Business Law
The document discusses Hawaii's rules of professional conduct for lawyers as they relate to former government employees representing private clients. It notes that during Carlito Caliboso's time as Chair and Commissioner of the Hawaii Public Utilities Commission from 2003-2011, the Commission made several decisions involving competitive bidding for renewable energy projects and requests for proposals. The letter cautions that Caliboso may be restricted from representing certain clients related to matters he participated in while serving as Chair and Commissioner under rules preventing conflicts of interest.
The document discusses various topics related to corporate and business law in India. It is divided into 5 units that cover formation of contracts, types of companies, company law administration, prospectuses, and share capital. It also provides definitions and classifications of various legal concepts and terms like substantive law, private law, public law, fundamental rights, statutory rights, and contractual rights. Some key points covered include the elements of a valid contract, different types of companies, roles of regulatory bodies like NCLT and NCLAT, contents of prospectuses, and provisions related to dividends and company meetings. Suggested readings on business and company law topics are also provided.
The document discusses the meaning and scope of professional misconduct by advocates in India. It begins by stating that advocacy is a noble profession that must be regulated. Professional misconduct refers to unacceptable or dishonorable conduct by an advocate. The Advocates Act of 1961 describes provisions for punishing professional and other misconduct. The State Bar Council has powers to investigate complaints and refer cases to disciplinary committees, which can reprimand, suspend, or remove advocates from the roll. The document then discusses the code of conduct and duties prescribed for advocates, as well as examples of professional misconduct. It outlines the constitution and powers of disciplinary committees to conduct hearings and issue punishments.
The document discusses California statutes regarding the unauthorized practice of law (UPL). It notes that the Rules of Professional Conduct prohibit aiding anyone in UPL and practicing law in a jurisdiction where it is prohibited. The Business and Professions Code states that only active members of the State Bar can practice law in California, and outlines penalties for practicing without authorization, such as suspension or disbarment. The statutes also govern the work of paralegals, legal document assistants, and define UPL as using legal knowledge to advise or represent others without proper credentials. Violations of these statutes constitute a misdemeanor.
CASE INFORMATIONFind a court case where the company indicated t.docxcowinhelen
CASE INFORMATION:
Find a court case where the company indicated they were surprised the employee charged was a fraudster (use the *KU library (Westlaw) to find the court case).
ANALYSIS REQUIREMENTS:
Based on your readings, literature, and/or the Fraud Examiners Manual analyze the case and include the following in your discussion:
What type of fraud schemes took place in this case?
Analyze the internal controls of this company for "red flags".
Identity why you think the company did not suspect this person was a fraudster and what policies would you put in place for this company to stop this fraud in the future?
WRITING REQUIREMENTS:
· 3-5 pages (not including title page, abstract, or reference page)
· Proper APA format
· Minimum of 3 scholarly sources (not including your textbook)
GRADING REQUIREMENTS:
Click on link to view grading requirements
AUGHT IN THE CROSSFIRE: THE (SUPPOSEDLY) INNOCENT ATTORNEYS WHO REPRESENT ACCUSED FRAUDSTERS
Editor's Note:This article is the second in a series calling for a more aggressive response to bankruptcy and other fraud. The first in the series was initially published in the May 2009 issue, entitled “A Call to Arms: A Bankruptcy Fraud Superfund.”
In law school, we were taught that when representing a person accused of committing a crime, we're never to ask, “did you do it?” From “innocent until proven guilty” to “representation for all,” the axiom was not to know whether the client “did it,” but instead to protect the rights of the accused, even if they did do it. While this ideology is arguably consistent with the will of our forefathers, recall that the context is criminal defense. What's more, the ideology is not without obvious limits in its application, criminally or civilly. Based on my personal experience, many civil lawyers honor the principle of “don't ask, don't tell” to an extreme--and in so doing, have exceeded the limits and crossed the boundary line of ethical conduct.
Before digging too deep into the ethics, though, let's consider a particular criminal defense attorney. The case was an involuntary bankruptcy under §303, and my creditor client successfully obtained the appointment of a gap trustee, more elusive than The Loch Ness Monster herself. The gap trustee and my client then secured an ex parte order for an unannounced inspection of the target's offices. After forcing the target and his staff out the door for a spell, the target hurriedly brought in both bankruptcy and criminal defense counsel. At the conclusion of the hearing that resulted in the denial of a motion to reconsider the judge's order to allow the inspection, the just-hired criminal defense counsel quipped in the hallway outside the courtroom, “sheesh, I guess you guys don't have due process in bankruptcy courts.”
Well, yes, as a matter of fact we do, but when counsel starts going on about how innocent his client is, how we're “making a big mistake” because his client has no money and that.
Trinity Kings World Leadership discovers how (former attorney) Milton Raiford...Terrell Patillo
The document discusses the risks lawyers face from aiding and abetting and civil conspiracy claims from third parties. These "in-concert liability" claims can arise when a lawyer helps a client commit a tort or breach fiduciary duties owed to a third party, even if unintentional. The document outlines how these claims typically arise in contexts of fraud or breaches of fiduciary duty. It also discusses available defenses for lawyers and issues around insurance coverage for these claims. Lawyers can best avoid these risks by considering how legal services may harm third parties or help clients commit wrongs.
06/25/12 Posted to HireLyrics U.S. Citizens Public Docket New Civil Rights He...Roxanne Grinage
This document provides an overview of perjury under federal law. It discusses the three main federal perjury statutes, including 18 U.S.C. 1623 which bars presenting false statements under oath in federal court or grand jury proceedings. The document outlines the elements courts look for in perjury cases, such as knowingly making a false and material declaration under oath. It also briefly discusses related offenses like subornation of perjury and false statements to federal agencies.
06/25/12 Posted to HireLyrics U.S. Citizens Public Docket New Civil Rights He...Roxanne Grinage
This document provides an overview of federal perjury laws in the United States. It discusses the three main perjury statutes: 18 U.S.C. 1621 which prohibits false statements under oath in federal proceedings; 18 U.S.C. 1623 which bars false statements under oath in federal court or grand jury proceedings; and 18 U.S.C. 1622 which prohibits inducing another to commit perjury. It also discusses the false statements statute and how perjury can be used as a sentencing enhancement for obstruction of justice.
This chapter discusses the concepts of truth, respect, and propriety that lawyers should uphold.
Truth involves not making false statements and properly quoting sources. Respect entails proper attire, punctuality, and avoiding disrespectful language or attributing improper comments to judges. Propriety means preparing adequately for cases, avoiding unnecessary delays or interference through government agencies.
These concepts are meant to achieve justice and uphold the ultimate goal of seeking truth. They are examined through cases that demonstrate when a lawyer has violated or upheld truth, respect and propriety in their work.
This document provides a summary of several essays written by Borgie Distura on topics related to faith and the Word of God.
The first essay discusses how the Word of God provides a firm foundation against false teachings, and how it remains relevant for youth today who are vulnerable to secular influences.
The second essay describes how the Word of God offers comfort to stressed and anxious youth. It also discusses how modern technology has paradoxical effects, disconnecting youth from real community and God.
The third essay argues that the Word of God is a symbol of unity, calling youth to be united within themselves, with others, and with God. It also asserts that the Word of God calls people to direct participation in the divine
The document discusses the author's frustration with the poor condition of the road connecting their home town. The road had not been repaired in three years, despite reports being sent to television and radio stations. This broken road is a sign of broader disconnections from networks of productivity and creativity in the community. With the roads in disrepair, residents have difficulty accessing basic services and suffer health issues from dust. The author suspects the roads will only be hastily and poorly repaired before the upcoming elections to garner votes, rather than out of genuine concern for residents' welfare.
The document discusses the importance of frequent confession according to Catholic teachings. Over numerous popes and councils spanning centuries, the Catholic Church has consistently taught that frequent confession is necessary for spiritual growth and holiness. While the practice of frequent confession has declined in recent times, the Church believes it must be emphasized again through preaching about the need for it and making the sacrament readily available. A return to frequent confession is seen as key to reversing religious and moral problems and ushering in a new springtime for the Church.
The document discusses the digital landscape for preaching, noting the prevalence of internet, television, and cell phones. It states that over a third of the world uses the internet, with 45% of users under 25. Television viewing also remains widespread. While these media present challenges like reducing authentic communication, they also create opportunities to spread religious messages online and utilize the church's growing digital presence. Overall, the document examines both the difficulties and prospects of ministering in a highly connected world.
The document discusses several topics related to same-sex marriage from a Catholic perspective:
1. It summarizes the Catholic Bishops' Conference of the Philippines' opposition to same-sex marriages held in Baguio City, saying such unions will never be recognized by the Catholic Church.
2. It discusses arguments against legally recognizing same-sex marriage, including that it denies the inherent procreative nature of marriage and could lead to legally recognizing other non-traditional relationships.
3. It outlines Church teachings on marriage from the perspectives of its procreative and unitive aspects, and asserts that marriage is meant for a male and female based on its nature.
The document discusses the vocation and calling of business leaders. It argues that as people in business, leaders are called to practice charity in all aspects of their work. The context includes discussing both positive and negative aspects of the current economic and social landscape. Business leaders must ground their decisions in principles of human dignity, the common good, and viewing business as a community of persons. Ultimately, the vocation of a business leader is to serve others through their work.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
Receivership and liquidation Accounts
Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
1. PRESENTATION NOTES ON CHAPTER 3: THE LAWYER
AND THE COURTS
TITLE PAGE:
The Lawyer’s Oath:
I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I will support its Constitution and obey laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any court (Canon
10); I will not wittingly nor willingly promote or sue any groundless, false or unlawful suit (Canon 12),
or give aid nor consent to the same; I will delay no man for money or malice (Canon 12), and will
conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity
as well to the courts as to my clients; and I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. So help me God.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of paper, the language
or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not
been proved.
Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends
of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO
JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer shall appear in court properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before
the Courts.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and
the facts of his case, the evidence he will adduce and the order of its preferences. He should also be
ready with the original documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.
Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs,
let the period lapse without submitting the same or offering an explanation for his failure to do so.
2. Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court
processes.
Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while
the witness is still under examination.
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate
another.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:
a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like, or
b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event
he must, during his testimony, entrust the trial of the case to another counsel.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT
Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to
arouse public opinion for or against a party.
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.
RECAP PAGE:
Chapter 1 talks about the Lawyer and his behavioral and professional conduct in relation to the Society.
[CLICK]
We have discussed that:
1) a lawyer must continue to possess a good moral character as a qualification not just in the application
in the admission to the bar but also a continuing qualification required of every member of the bar.
Good moral character is what a person really is (as distinguished to good reputation which is an opinion
in which the lawyer is held by the public). It is the absence of acts involving moral turpitude or gross
immorality. Gross immorality is understood in the case of Advincula vs. Macabata as inconsistent with
rectitude, indicative of corruption and a shameless conduct. [CLICK]
2) A lawyer is also prohibited from advertising his talents (except for those which are expressly allowed
e.g. publication in reputable law list, simple business cards etc) and soliciting cases. This is to avoid
commercialization of an honorable profession, lessening its ability to render efficiently that high
character of service to which every member of the bar is called. (What is the best advertisement? Well-
merited reputation and good/efficient service to clients). [CLICK]
3) We have also discussed that the death of a lawyer does not extinguish the CLIENT-LAWYER
RELATIONSHIP with the firm (This is premised on the idea that the client employed the services of the
firm).
4) We have learned also that a lawyer should not refuse his services (as legal counsel, counsel de oficio
or as amicus curae) except in serious, sufficient and valid grounds like:
3. a) he is not in the position to carry out the work effectively and competently because of age,
sickness, etc.; or
b) there is a conflict of interest. [CLICK]
Chapter 2 talks about the Lawyer and his behavioral and professional conduct in relation to the Legal
Profession. [CLICK]
We have discussed:
1) About the concepts of ADVERSE-INTEREST CONFLICTS and the CONGRUENT-INTEREST
CONFLICTS.
"Adverse-interest conflicts" exist where the matter in which the former government lawyer represents
a client in private practice is substantially related to a matter that the lawyer dealt with while employed
by the government and the interests of the current and former are adverse. On the other
hand, "congruent-interest representation conflicts" are unique to government lawyers and apply
primarily to former government lawyers.
Rule 6.03 – A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service.
It is properly applicable to both "adverse-interest conflicts" and "congruent-interest conflicts."
The key to unlock Rule 6.03 lies in comprehending first, the meaning
of "matter" referred to in the rule and, second, the metes and bounds of
the "intervention" made by the former government lawyer on the "matter."
The American Bar Association in its Formal Opinion 342, defined "matter" as
any discrete, isolatable act as well as identifiable transaction or conduct
involving a particular situation and specific party, and not merely an act of
drafting, enforcing or interpreting government or agency procedures,
regulations or laws, or briefing abstract principles of law.
"Intervene" means, viz.:
1: to enter or appear as an irrelevant or extraneous feature or circumstance . .
. 2: to occur, fall, or come in between points of time or events . . . 3: to come
in or between by way of hindrance or modification: INTERPOSE . . . 4: to occur
or lie between two things (Paris, where the same city lay on both sides of an
intervening river . . .)
On the other hand, "intervention" is defined as:
1: the act or fact of intervening: INTERPOSITION; 2: interference that may
affect the interests of others.
There are, therefore, two possible interpretations of the word "intervene."
Under the first interpretation, "intervene" includes participation in a
proceeding even if the intervention is irrelevant or has no effect or little
influence. Under the second interpretation, "intervene" only includes an act
of a person who has the power to influence the subject proceedings. We hold
that this second meaning is more appropriate to give to the word
"intervention" under Rule 6.03 of the Code of Professional Responsibility in
light of its history. In fine, the intervention cannot be insubstantial and
insignificant. (PCGG vs. SB [Fifth Div], Lucio Tan et al.)
[CLICK]
4. 2) Suppression or making False Statement in the Application for Admission is a ground for
disqualification. [CLICK]
3) Strong language can be acceptable (Fernandez vs. Hon Bello) if it does not spill over the walls of
decency and propriety. More of this in Canon 11 later on.
4) Delegation of Legal Work to an Unqualified person (US. vs Ney and Bosque). Bosque was not allowed
to practice law in the Philippines by CJ Arellano (In Re: Bosque) yet he continued to practice law with
Ney in the Philippines. [CLICK-Next slide: CONCEPTUAL FRAMEWORK].
CONCEPTUAL FRAMEWORK PAGE:
This framework will be the backbone of our presentation on the concepts by knowing [CLICK]: What it is.
[CLICK] What it is NOT [CLICK] Specific Behavioral aspects expressly provided in Code of Professional
Responsibility and to illustrate some rules by way of [CLICK] Cases. [CLICK]
Quid est veritas? Pontius Pilate asked to Jesus during latter’s trial. [CLICK] What is falsity? [CLICK] Then
the specific items under Canon 10 but focusing only on MAKING QUOTATIONS which will be illustrated
in the case [CLICK] of The Insular Life Assurance Co. Employees association vs. Insular Life Assurance Co.
[CLICK]
What is respect and [CLICK] disrespect [CLICK] where do we display our respect or disrespect? It is
through our ATTIRE, PUNCTUALITY, LANGUAGE, ATTRIBUTING TO JUDGES and THE WAY LAWYERS
DIRECT THEIR COURSE AS REGARDS THEIR GRIEVANCE. Due to a limited time we will focus our
discussion on language either written or spoken. This will be illustrated in [CLICK] three cases: Zaldival
vs. Gonzales; Montecillo vs. Gica; and In Re: Almacen. [CLICK]
What is propriety? And what is impropriety? To what extent is Attention, Hospitality, Familiarity
regarded as within the bounds of propriety? Can the lawyer make use of the Government Agencies to
interfere the administration of justice?
What is Justice in contrast to [CLICK] INJUSTICE in relation to the concepts [CLICK] of Preparation,
Multiple Actions, Extensions, Delay, Talking/Abusing the witness and the lawyer testifying in Courts? The
case of Casals vs. Cui [CLICK] will illustrate the concept regarding extensions.
Given all these concepts, why does a lawyer have to be truthful, respectful and observe propriety? This
is for the reason (proximate end) [CLICK] of attaining a speedy and efficient administration of JUSTICE
and ultimately at arriving at the [CLICK] TRUTH.
[CLICK – next SLIDE: VIDEO]
VIDEO CLIP ON TRUTH
(After the short clip)
(Engage the class, by asking the title of the movie where the clip was taken, the persons and the
resolution of the story.) (Connect with the next concept about TRUTH)
[CLICK]
5. ON TRUTH AND QUOTATION
[CLICK] [CLICK]
Quid est veritas? What is truth? This is the question that Pontius Pilate asked in the trial of Jesus.
Let me ask the same question to the class. Quid est veritas?
What is truth? (ask for volunteers. Engage the class. If you search the Lawphil.net it will give you about
30,700 results in 0.30 seconds).
Given that description of Mr./Ms________, What is a true friend? Who is a true friend? Can you
describe your true friend? (Ask one member of group 2).
Quid est veritas? Truth (veritas) is conformity, proportionality or commensurability of the mind (idea,
logical) to the objective reality (external world e.g. facts, evidence, codes, beliefs, constitution, norms,
practice, etc.) This is the Correspondence theory under Neo-Classical theories on Truth as influenced by
Plato, Aristotle and Thomas Aquinas. This definition, although popular, has many issues. The statement
that “there is a Legal Ethics Book by Pineda on the Table” is true if and only if (Tarki’s Semantic Theory
on Truth) there is indeed a book (Legal Ethics) by Pineda on the Table. But can it also be true if we say
“There is NO violet dinosaur (Barney ) on the Table”?
The central use of TRUTH occurs when we say, ITS TRUE THAT SERENO IS THE CHIEF JUSTICE OF THE
SUPREME COURT OF THE PHILIPPINES. Here, true is contrasted with [CLICK] false (falsity is inequality of
the mind with the objective reality), not with fake or insincere.
People need the truth about the world in order to thrive. Truth is important. Believing what is not true is
apt to spoil a person’s plans and may even cost him his life (also NOT believing what is true like the law
of gravity can also be fatal). Telling what is not true may result in legal and social penalties.
Truth is the end of every rational and scientific inquiry. All legal procedures (civil or criminal) are
scientific and have truth as their end as well. Why do we go to court? To arrive at certain truth. (But
what constitutes Truth?)
Truth is so vast and broad concept, CPR focuses on some particular aspects [CLICK] like MISLEADING,
MISQUOTING and MISUSING RULES OF PROCEDURE.
Quotation is a manner of repeating or copying out (a group of words from a text or speech), typically
with an indication that one is not the original author or speaker.
Deliberate misquotation, deliberate citation of an inoperative provision as law and assertion of
something as a fact which has not been proved are all PROHIBITED. This is based on Canon 22 of the
Canons of Professional Ethics:
1. Knowingly misquoting or misrepresenting
a. contents of a paper,
b. language or argument of opposing counsel
c. text of a decision or authority
2. Knowingly citing as law, a provision already rendered inoperative by repeal or amendment.
3. Asserting as a fact that which has not been proved.
6. TAKE NOTE: When a lawyer makes a quotation of a decision in his pleadings, he should quote the same
verbatim to avoid misleading the court.
To give us an illustration of this concept of QUOTING, I will give you ______________ who will TELL A
STORY (not read ) about the case of The Insular Life Assurance Co. Employees Association vs. Insular
Life Assurance Co. [CLICK]
CASE: The Insular Life Assurance Co. Employees Association
vs. Insular Life Assurance Co
[CLICK]
(Tells the facts of the story)
(Tells the Court’s decision about the case)
Before we proceed to the next concept about respect, let us show you a movie clip about RESPECT.
[CLICK]
VIDEO CLIP ON RESPECT
(After the short clip)
(Engage the class, by asking the title of the movie where the clip was taken, the persons and the
resolution of the story.) (Connect with the next concept about RESPECT IN COURT)
[CLICK]
ON RESPECT
What is Respect?
Etymologically, respect comes from two latin terms (re= back; spectare=to look at). It means rendering
of civility and courtesy due to others especially those in authority (office).
It involves looking at the other with civility and courtesy. Not just the sense of sight, it includes actually
all the senses (external: sight, smell, touch, hear, taste) (internal senses: common sense, imagination,
estimation, memory).
Look at the other with respect.
Touch the other with respect.
Hear the other with respect.
Smell the other with respect.
Taste the other with respect.
Understand the other with respect.
To give us an illustration of this concept of RESPECT, I will give you ______________ who will TELL A
STORY (not read ) about the case of Zaldivar vs. Gonzales [CLICK]
CASE: Zaldivar vs. Gonzales
7. [CLICK]
(Tells the facts of the story)
(Tells the Court’s decision about the case)
Before we proceed to the next concept about respect, let us show you a movie clip about the NEXT
CONCEPT: LANGUAGE. [CLICK]
VIDEO CLIP ON RESPECT: LANGUAGE
(After the short clip)
(Engage the class, by asking the title of the movie where the clip was taken, the persons and the
resolution of the story.) (Connect with the next concept about LANGUAGE IN COURT)
[CLICK]
ON RESPECT
[CLICK]
[CLICK]
[CLICK] As we have pointed out, the concept of respect or disrespect encompasses quite a broad
concept that is why CPR provides for some specific items such as but not limited to [CLICK]
ATTIRE
PUNCTUALITY
LANGUAGE
ATTRIBUTION TO JUDGES
COURSE OF GRIEVANCE
Let us focus on LANGUAGE:
Language is symbolic. There are two classifications of language:
1. written – symbols placed on a surface using an instrument (also, patches of light on a
computer or screen)
e.g. of Writing Systems: Logographic (Chin.)
Logophonetic (eg. Egy.)
Syllabic (Tag.)
Consonantal (Hbw.)
Segmental Alphabet (Ltn, Grk.)
2. Spoken – strings of symbolic sounds
Facts:
7,000 estimated languages in the world
2,200 found in Asia
2400 endangered language
2454 the bible is available in different language (Pinnochio is next as the most translated
book)
0 Official language of US
11 Official Language in South Africa
Polyglot is one who can write and speak several languages.
8. The lawyer (whether spoken or written) must abstain from all abusive, offensive or otherwise improper
language in his professional dealings (Rule 8.01-General rule) and most especially before the Courts
(Rule 11.03- Specific rule). His language must be dignified in keeping with the dignity of the legal
profession. Lawyers must maintain the rule of law and not the rule of the jungle.
A lawyer can demand that the misbehavior of a judge be placed on record. This act of the lawyer is not
contemptuous.
To give us an illustration of a misbehavior using contemptuous LANGUAGE, I will give you
______________ who will TELL A STORY (not read ) about the case of Montecillo vs. Gica [CLICK]
CASE: Montecillo vs. Gica
[CLICK]
(Tells the facts of the story) [CLICK]
(Tells the Court’s decision about the case)
Before we proceed to the next concept about respect, let us show you a movie clip about the NEXT
CONCEPT: LANGUAGE particularly in CRITICIZNG THE COURT. [CLICK]
VIDEO CLIP ON RESPECT: CRITICISM OF THE COURTS
(After the short clip)
(Engage the class, by asking the title of the movie where the clip was taken, the persons and the
resolution of the story.) (Connect with the next concept about LANGUAGE: CONSTRUCTIVE AND
DESCTRUCTIVE CRITICISMS)
[CLICK]
ON CRITICISM OF COURTS
As we have pointed out, CRITICISM is permissible as long as it does not spill over the walls of decency
and propriety. [CLICK] We define CRITICISM as an adverse analysis of an order, judgment or judicial act
of a magistrate with the aim of preventing or avoiding an incipient injustice which may arise from the
pernicious effects of the mistake, error or irregularity committed. In short, you may criticize the judge’s
act or decision (as long as criticism is proper and decent) to attain true justice.
The CRITICISM is CONSTRUCTIVE [CLICK]: if the purpose is to timely correct [CLICK], [CLICK] to attain true
justice [CLICK] which must always be done within the bounds of decency and propriety.
The CRITICISM is DESTRUCTIVE [CLICK]: if it is [CLICK] arrogantly presented [CLICK] with the intent to
mock, ridicule, demean and offend the sensibilities of the court or the sitting judge [CLICK] normally it is
delivered in an abusive and offensive language.
To give us an illustration where a lawyer CRITICIZES the COURT, I will give you ______________ who will
TELL A STORY (not read ) about the case of In Re: Almacen. [CLICK]
CASE:In Re: Almacen
[CLICK]
9. (Tells the facts of the story) [CLICK]
(Tells the Court’s decision about the case)
Before we proceed to the next concept about JUSTICE, let us show you a movie clip about the NEXT
CONCEPT: EXTENSIONS under CONCEPT of JUSTICE. [CLICK]
VIDEO CLIP ON RESPECT: EXTENSIONS under CONCEPT of
JUSTICE
(After the short clip)
(Engage the class, by asking the title of the movie where the clip was taken, the persons and the
resolution of the story.) (Connect with the next concept about JUSTICE: EXTENSIONS AND LETTING THE
PERIOD LAPSE)
[CLICK]
ON JUSTICE: EXTENSIONS AND DELAYS
[CLICK] For us to understand the concepts under specific behavioral aspects in Cano 12 of CPR, it is best
to understand the overarching CONCEPT OF JUSTICE.
Justice is understood as the proper administration of law or the fair and equitable treatment of all
individuals under the law.
The 1987 Constitution (ART III, Sec 16: All persons shall have the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies) mandates a speedy and efficient
administration of justice. This mandate is a joint responsibility of the judges and lawyers. That is why
CPR directs the lawyer to EXERT EVERY EFFORT and consider it his DUTY to assist in the speedy and
efficient administration of justice.
There is therefore INJUSTICE [CLICK] when there is slow and inefficient administration of justice as
captured in the adage, JUSTICE DELAYED IS JUSTICE DENIED.
There is also injustice done by the lawyer if [CLICK]
1. He comes to court UNPREPARED. He must be ready when he goes to trial. Preparation is half the
battle won. Or one who fails to prepare is preparing to fail.
2. He files multiple petitions or complaints for a cause that has been previously rejected. Forum
shopping results when one seeks a favorable opinion (other than appeal/certiorari) in another
forum or when he institutes two or more actions or proceedings grounded on the same cause,
on the gamble that one or the other court would make a favorable disposition.
3. The lawyer, after obtaining extensions of time to file pleadings, memoranda or briefs, let the
period lapse without submitting the same or offering an explanation for his failure to do so.
A lawyer who Files a Motion for Extension of Time must act in good faith otherwise (bad faith) it is an
obstruction of justice and the lawyer is subject to discipline.
4. Delay (See Canon 1, Rule 1.03: A lawyer shall not, for any corrupt motive or interest, encourage any
suit or proceeding or delay any man’s cause.)
To give us an illustration where a lawyer allowed his EXTENDED PERIOD TO LAPSE, I will give you
______________ who will TELL A STORY (not read ) about the case of Casals vs. Cusi. [CLICK]
10. Case: Casals vs. Cusi
[CLICK]
(Tells the facts of the story) [CLICK]
(Tells the Court’s decision about the case)
[CLICK: Next is SUMMARY and CONCLUSION OF THE REPORT]
SUMMARY and CONCLUSION OF THE REPORT