This document discusses civil law and the legal profession. It begins by defining civil law and its origins in Roman law. It then outlines the main branches of civil law, including contract law, tort law, property law, and family law. Under tort law, it distinguishes between negligence, intentional torts, and strict liability. It also discusses key aspects of property law and family law. The document then provides an overview of civil law in the Philippines according to the Civil Code, including classifications of persons, marriage law, and the essential and formal requisites of marriage.
Top Legal Outsourcing (Ito) Advisors And Consultants, Black Book Survey 2007 ...legaladvice
This document provides a summary of common law as it related to the legal status of women in Iowa. Under common law, marriage resulted in women having no independent legal identity, with all property and earnings belonging to their husbands. Women had very limited rights and legal disabilities. Statutory changes in the late 19th century began modifying some of the harsher aspects of common law to provide more equitable treatment of women.
Crimes against personal liberty and securityVictor Alac
The document provides an overview of crimes against personal liberty and security under Philippine law. It discusses various crimes such as kidnapping, illegal detention, slavery, child exploitation, trespassing, and threats. For kidnapping and illegal detention (Articles 267-269), the document outlines the elements of the crimes and aggravating circumstances. It also summarizes the elements of other offenses such as abandoning a minor (Article 276) and exploitation of child labor (Article 273).
This document provides an overview of the criminal justice system unit for week 4. It covers the classification of crimes and punishments as misdemeanors and felonies. It then discusses the rights of defendants, including the right to remain silent, confront witnesses, have a public and speedy trial, have a jury trial, legal representation, not face double jeopardy, and adequate representation. It also discusses the rights of victims to be treated with dignity, informed, protected, apply for compensation, and prompt return of property. Sentencing considerations like aggravating and mitigating factors are presented. Cruel and unusual punishment based on proportionality is also summarized.
Tort law provides citizens with legal recourse for private civil wrongs committed against them. It aims to compensate victims for harm caused by others through monetary damages awards. The most common tort is negligence, which involves the failure to act with reasonable care. Intentional torts involve deliberate interference with a person's rights and include assault, battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress. Property rights are also protected through intentional torts like trespass, conversion, nuisance, and disparagement. While tort law is a civil matter, some torts like assault may also be criminal offenses.
This document defines elements of tort law and essential requirements for a tort. It notes that a tort requires: 1) A wrongful act through commission or omission of an act. 2) The act must result in legal damage to another person. 3) The tort must give rise to a legal remedy. Some general elements that can constitute a tort are wrongful voluntary or involuntary acts, malice, intention, negligence, recklessness, and fault. Legal damage is required for an action to be redressable, while injury alone is not sufficient.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
Top Legal Outsourcing (Ito) Advisors And Consultants, Black Book Survey 2007 ...legaladvice
This document provides a summary of common law as it related to the legal status of women in Iowa. Under common law, marriage resulted in women having no independent legal identity, with all property and earnings belonging to their husbands. Women had very limited rights and legal disabilities. Statutory changes in the late 19th century began modifying some of the harsher aspects of common law to provide more equitable treatment of women.
Crimes against personal liberty and securityVictor Alac
The document provides an overview of crimes against personal liberty and security under Philippine law. It discusses various crimes such as kidnapping, illegal detention, slavery, child exploitation, trespassing, and threats. For kidnapping and illegal detention (Articles 267-269), the document outlines the elements of the crimes and aggravating circumstances. It also summarizes the elements of other offenses such as abandoning a minor (Article 276) and exploitation of child labor (Article 273).
This document provides an overview of the criminal justice system unit for week 4. It covers the classification of crimes and punishments as misdemeanors and felonies. It then discusses the rights of defendants, including the right to remain silent, confront witnesses, have a public and speedy trial, have a jury trial, legal representation, not face double jeopardy, and adequate representation. It also discusses the rights of victims to be treated with dignity, informed, protected, apply for compensation, and prompt return of property. Sentencing considerations like aggravating and mitigating factors are presented. Cruel and unusual punishment based on proportionality is also summarized.
Tort law provides citizens with legal recourse for private civil wrongs committed against them. It aims to compensate victims for harm caused by others through monetary damages awards. The most common tort is negligence, which involves the failure to act with reasonable care. Intentional torts involve deliberate interference with a person's rights and include assault, battery, false imprisonment, defamation, invasion of privacy, and intentional infliction of emotional distress. Property rights are also protected through intentional torts like trespass, conversion, nuisance, and disparagement. While tort law is a civil matter, some torts like assault may also be criminal offenses.
This document defines elements of tort law and essential requirements for a tort. It notes that a tort requires: 1) A wrongful act through commission or omission of an act. 2) The act must result in legal damage to another person. 3) The tort must give rise to a legal remedy. Some general elements that can constitute a tort are wrongful voluntary or involuntary acts, malice, intention, negligence, recklessness, and fault. Legal damage is required for an action to be redressable, while injury alone is not sufficient.
This document discusses the various justifications and exceptions in tort law, including voluntary assumption of risk, act of God, necessity, private defense, statutory authority, and judicial acts. It provides definitions and examples for each of these. For voluntary assumption of risk, it explains that consent must be freely given and cannot be for an illegal act. For act of God, the occurrence must be extraordinary and not reasonably foreseeable. Private defense allows reasonable force in self-defense of person or property. Statutory authority and judicial acts provide immunity for actions carried out within official capacity. Contributory negligence can reduce damages if the plaintiff was also at fault.
The document discusses various torts including negligence, trespass, nuisance, and defamation. It defines each tort, outlines their key elements, and discusses applicable defenses. Specifically, it notes that to prove negligence, four elements must be established including duty of care, breach of duty, causation of damages. For trespass, intentional interference with person or property must be shown. Nuisance differs from trespass in requiring proof of damages from indirect interference. Defamation involves making a false statement that damages reputation, and can be libel if published or slander if spoken.
Crimes Involving Moral Turpitude (CIMTs)Marshall Hong
Overview of Crimes Involving Moral Turpitude (a/k/a CIMTs) - a classification of crimes that can lead to inadmissibility, exclusion, deportation, removal, or a denial of immigration benefits such as citizenship or permanent resident status.
Only the offended spouse can file a complaint for adultery or concubinage. If the complainant consented to or promoted the infidelity, they cannot file a complaint. For rape, the victim must not have consented and sexual intercourse must have occurred through force or intimidation. For seduction, the victim must be a virgin female over 12 but under 18 and the offender abused their authority over the victim. A pardon from the offended party extinguishes criminal liability for rape only if a valid marriage exists between the rapist and victim. The offender is also obligated to acknowledge and support any offspring from the crime.
This document discusses several key concepts in criminal law including bigamy, illegal marriage, libel, and defamation. It defines the elements of bigamy as contracting a second marriage while the first is still valid and outlines differences between bigamy and illegal marriage. Libel is defined as a written defamation, requiring an allegation of a discreditable act, publication, identity of the defamed person, and existence of malice. Exceptions to libel involve statements regarding public officials' duties or imputations of a crime if truth is proven. Defamation includes both libel and oral forms like grave oral defamation, outlining privileges, presumptions of malice, and responsibilities of publishers.
The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]
This document provides an overview of various crimes committed by public officers under Philippine criminal law. It discusses the elements of malfeasance, bribery, fraud, malversation of public funds, and other offenses. Key points include:
1. To be considered a public officer under the law, one must take part in government functions or duties by direct provision of law, popular election, or appointment.
2. Malversation of public funds involves a public officer misappropriating funds or property for which they are accountable. It can be proven if the officer cannot account for missing funds.
3. Bribery involves a public officer receiving a gift or promise in exchange for performing or not performing an official act.
This document outlines various principles of liability in jurisprudence, including definitions provided by legal scholars Salmond and Austin. It discusses different types of liability such as civil liability, criminal liability, remedial liability, penal liability, vicarious liability, and absolute or strict liability. It also examines the conditions for liability like acts, wrongful acts, negligence, and the different kinds of negligence including advertent (willful and reckless) and inadvertent (simple) negligence.
1) Vicarious liability holds a person liable for the wrongful acts of another person, even if the liable person is blameless themselves.
2) Vicarious liability is based on the maxims "he who acts through another is deemed in law as doing it himself" and "let the principal be responsible".
3) Public policy also supports vicarious liability as it encourages those in charge of affairs or who set things in motion to ensure safety of others involved in those affairs.
This document discusses the various ways in which liability from a tort can be discharged. It outlines seven main modes of discharging tort liability: 1) death of parties, 2) waiver, 3) accord and satisfaction, 4) release, 5) acquiescence, 6) judgment recovered, and 7) statutes of limitation. For each mode, it provides a brief explanation of how that mode results in the discharge of liability, such as through an agreement between parties, the passage of time without legal action being taken, or a judgment already being issued in a previous case.
A primer on the complex issues surrounding immigration consequences of criminal convictions. VERY important for attorneys in order to avoid charges of ineffective assistance of counsel! This was presented as a CLE for the Criminal Section of the Minnesota Bar Association.
Our office provides opinion letters to attorneys to keep their criminal practice from becoming malpractice.
Thanks for reading!
Chaudhary Law Office, PLLC
Minneapolis, Minnesota Immigration Attorneys Lawyers
5010 Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415
(612) 206-3721
satveer@chaudharylawoffice.com
This document provides an overview of criminal law and procedure in 3 chapters. It defines crimes and their elements, constitutional protections for criminal defendants, and the criminal procedure process. It also discusses key Supreme Court cases that have shaped criminal law, such as Skilling, Arthur Andersen, and Berghuis v. Thompkins. The document concludes by covering white collar crimes, computer crimes, and ethical issues around corporate wrongdoing.
Immigration consequences of criminal activity by f1 and j1 scholarsnafsaregion12
The document summarizes information regarding criminal consequences for international students, including inadmissibility, removability, maintaining status, reporting requirements, common offenses, criminal procedures, and campus perspectives. It discusses interactions with law enforcement, the courts, and immigration authorities.
The document discusses domestic violence and India's Domestic Violence Act of 2005. It defines domestic violence, sexual abuse, physical abuse, verbal and emotional abuse, and economic abuse. It explains that domestic violence harms or endangers the health, safety, or well-being of the aggrieved person. The Act provides legal protection and rights to women living in abusive households. It empowers women to file complaints with the police or magistrate and obtain protection orders against violent partners or family members.
Week 2 of the business law course covers the topic of torts. It defines a tort as a civil wrong or injury other than breach of contract. Torts can be classified into three main categories: intentional torts, negligence, and strict liability. Intentional torts involve willful acts that cause personal harm, such as assault, battery, and defamation. To prove negligence, one must show that the defendant had a duty, breached that duty, and caused actual damages. Strict liability imposes liability even without a finding of fault if the defendant engaged in an ultrahazardous activity. The document also discusses elements of various torts, defenses, types of damages, and how to brief a case using IRAC.
This document discusses several crimes related to falsification of documents and misrepresentation of identity. It defines the crimes of counterfeiting, falsification of public documents, use of falsified documents, and false personation.
Falsification of public documents involves a public officer falsifying an official or public document by making untruthful statements or altering dates. Use of falsified documents assumes the user is the falsifier if they benefited from the false document.
False personation involves pretending to be a public officer or claiming public authority without lawful entitlement. The document outlines the elements of perjury in making false statements under oath as well.
Standing in tort law and consumer protection law is subject to certain restrictions based on a person's status. Traditionally, only those who suffered a specific legal injury had standing to sue. However, the law has liberalized to allow public interest litigation where there is injury to public interest. Now, any person with sufficient interest can file a lawsuit to prevent a public wrong or remedy a public injury.
For your FREE WILL with...Copy & Paste link in browser==>http://tcpros.co/FlXcO
A Will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die
A Will includes specific directions on how you wish your estate to be distributed after your death, including provisions for any tangible personal property that you may own
If you don't have a Will in place, you can't select the recipients of your property and the state you reside in will determine how your property is divided.
It's important to review your Will every five years to ensure that it's up to date and still reflective of your future wishes. Virtually everyone postpones writing a Will. Maybe it's because we don't want such a tangible reminder of our mortality. Or perhaps we view the process as relinquishing the ownership of our property. Whatever the excuse may be for putting off the drafting of a Will, many people do not realize that writing one actually prevents what is feared.
CIVIL LAW CHAPTER 1 ANbsjshsgzjzbzjzbzjD 2.pptxJunrivRivera
The document discusses laws related to civil law and marriage in the Philippines. It defines key concepts like what constitutes law, the elements of law, and what the Civil Code and Family Code cover. It also defines marriage under Philippine law and outlines some key points about what marriage entails legally. The document then presents summaries of two case digests, Silverio vs Republic and Republic vs Cagandahan, which discuss legal issues related to changing one's sex classification in their birth certificate.
Presentation at k3 c womens ministry 180819Musyimi Law
This document provides an overview and summary of property rights, succession law, and matrimonial property law in Kenya. It discusses that the Kenyan Constitution guarantees equal property rights for women, both during and after marriage. Upon death, succession can be either testate (with a will) or intestate (without a will), with intestate succession following specific distribution rules. Matrimonial property includes the family home, household goods, and other jointly acquired property during marriage. Ownership is determined based on each spouse's contributions, whether monetary or non-monetary, and matrimonial property is divided upon divorce.
The document discusses various torts including negligence, trespass, nuisance, and defamation. It defines each tort, outlines their key elements, and discusses applicable defenses. Specifically, it notes that to prove negligence, four elements must be established including duty of care, breach of duty, causation of damages. For trespass, intentional interference with person or property must be shown. Nuisance differs from trespass in requiring proof of damages from indirect interference. Defamation involves making a false statement that damages reputation, and can be libel if published or slander if spoken.
Crimes Involving Moral Turpitude (CIMTs)Marshall Hong
Overview of Crimes Involving Moral Turpitude (a/k/a CIMTs) - a classification of crimes that can lead to inadmissibility, exclusion, deportation, removal, or a denial of immigration benefits such as citizenship or permanent resident status.
Only the offended spouse can file a complaint for adultery or concubinage. If the complainant consented to or promoted the infidelity, they cannot file a complaint. For rape, the victim must not have consented and sexual intercourse must have occurred through force or intimidation. For seduction, the victim must be a virgin female over 12 but under 18 and the offender abused their authority over the victim. A pardon from the offended party extinguishes criminal liability for rape only if a valid marriage exists between the rapist and victim. The offender is also obligated to acknowledge and support any offspring from the crime.
This document discusses several key concepts in criminal law including bigamy, illegal marriage, libel, and defamation. It defines the elements of bigamy as contracting a second marriage while the first is still valid and outlines differences between bigamy and illegal marriage. Libel is defined as a written defamation, requiring an allegation of a discreditable act, publication, identity of the defamed person, and existence of malice. Exceptions to libel involve statements regarding public officials' duties or imputations of a crime if truth is proven. Defamation includes both libel and oral forms like grave oral defamation, outlining privileges, presumptions of malice, and responsibilities of publishers.
The document provides an overview of tort law, outlining the main categories of intentional torts, unintentional (negligence) torts, and strict liability torts. It discusses the key elements and examples of various torts such as battery, false imprisonment, defamation, trespass, and negligence. For intentional torts against persons, it describes torts like assault, battery, and intentional infliction of emotional distress. For intentional torts against property, it discusses trespass and conversion. It also examines negligence standards and defenses as well as special negligence doctrines. [/SUMMARY]
This document provides an overview of various crimes committed by public officers under Philippine criminal law. It discusses the elements of malfeasance, bribery, fraud, malversation of public funds, and other offenses. Key points include:
1. To be considered a public officer under the law, one must take part in government functions or duties by direct provision of law, popular election, or appointment.
2. Malversation of public funds involves a public officer misappropriating funds or property for which they are accountable. It can be proven if the officer cannot account for missing funds.
3. Bribery involves a public officer receiving a gift or promise in exchange for performing or not performing an official act.
This document outlines various principles of liability in jurisprudence, including definitions provided by legal scholars Salmond and Austin. It discusses different types of liability such as civil liability, criminal liability, remedial liability, penal liability, vicarious liability, and absolute or strict liability. It also examines the conditions for liability like acts, wrongful acts, negligence, and the different kinds of negligence including advertent (willful and reckless) and inadvertent (simple) negligence.
1) Vicarious liability holds a person liable for the wrongful acts of another person, even if the liable person is blameless themselves.
2) Vicarious liability is based on the maxims "he who acts through another is deemed in law as doing it himself" and "let the principal be responsible".
3) Public policy also supports vicarious liability as it encourages those in charge of affairs or who set things in motion to ensure safety of others involved in those affairs.
This document discusses the various ways in which liability from a tort can be discharged. It outlines seven main modes of discharging tort liability: 1) death of parties, 2) waiver, 3) accord and satisfaction, 4) release, 5) acquiescence, 6) judgment recovered, and 7) statutes of limitation. For each mode, it provides a brief explanation of how that mode results in the discharge of liability, such as through an agreement between parties, the passage of time without legal action being taken, or a judgment already being issued in a previous case.
A primer on the complex issues surrounding immigration consequences of criminal convictions. VERY important for attorneys in order to avoid charges of ineffective assistance of counsel! This was presented as a CLE for the Criminal Section of the Minnesota Bar Association.
Our office provides opinion letters to attorneys to keep their criminal practice from becoming malpractice.
Thanks for reading!
Chaudhary Law Office, PLLC
Minneapolis, Minnesota Immigration Attorneys Lawyers
5010 Flour Exchange Building
310 Fourth Avenue South
Minneapolis, MN 55415
(612) 206-3721
satveer@chaudharylawoffice.com
This document provides an overview of criminal law and procedure in 3 chapters. It defines crimes and their elements, constitutional protections for criminal defendants, and the criminal procedure process. It also discusses key Supreme Court cases that have shaped criminal law, such as Skilling, Arthur Andersen, and Berghuis v. Thompkins. The document concludes by covering white collar crimes, computer crimes, and ethical issues around corporate wrongdoing.
Immigration consequences of criminal activity by f1 and j1 scholarsnafsaregion12
The document summarizes information regarding criminal consequences for international students, including inadmissibility, removability, maintaining status, reporting requirements, common offenses, criminal procedures, and campus perspectives. It discusses interactions with law enforcement, the courts, and immigration authorities.
The document discusses domestic violence and India's Domestic Violence Act of 2005. It defines domestic violence, sexual abuse, physical abuse, verbal and emotional abuse, and economic abuse. It explains that domestic violence harms or endangers the health, safety, or well-being of the aggrieved person. The Act provides legal protection and rights to women living in abusive households. It empowers women to file complaints with the police or magistrate and obtain protection orders against violent partners or family members.
Week 2 of the business law course covers the topic of torts. It defines a tort as a civil wrong or injury other than breach of contract. Torts can be classified into three main categories: intentional torts, negligence, and strict liability. Intentional torts involve willful acts that cause personal harm, such as assault, battery, and defamation. To prove negligence, one must show that the defendant had a duty, breached that duty, and caused actual damages. Strict liability imposes liability even without a finding of fault if the defendant engaged in an ultrahazardous activity. The document also discusses elements of various torts, defenses, types of damages, and how to brief a case using IRAC.
This document discusses several crimes related to falsification of documents and misrepresentation of identity. It defines the crimes of counterfeiting, falsification of public documents, use of falsified documents, and false personation.
Falsification of public documents involves a public officer falsifying an official or public document by making untruthful statements or altering dates. Use of falsified documents assumes the user is the falsifier if they benefited from the false document.
False personation involves pretending to be a public officer or claiming public authority without lawful entitlement. The document outlines the elements of perjury in making false statements under oath as well.
Standing in tort law and consumer protection law is subject to certain restrictions based on a person's status. Traditionally, only those who suffered a specific legal injury had standing to sue. However, the law has liberalized to allow public interest litigation where there is injury to public interest. Now, any person with sufficient interest can file a lawsuit to prevent a public wrong or remedy a public injury.
For your FREE WILL with...Copy & Paste link in browser==>http://tcpros.co/FlXcO
A Will may be the most important document that you ever write, because it allows you to select the persons who will receive what you own when you die
A Will includes specific directions on how you wish your estate to be distributed after your death, including provisions for any tangible personal property that you may own
If you don't have a Will in place, you can't select the recipients of your property and the state you reside in will determine how your property is divided.
It's important to review your Will every five years to ensure that it's up to date and still reflective of your future wishes. Virtually everyone postpones writing a Will. Maybe it's because we don't want such a tangible reminder of our mortality. Or perhaps we view the process as relinquishing the ownership of our property. Whatever the excuse may be for putting off the drafting of a Will, many people do not realize that writing one actually prevents what is feared.
CIVIL LAW CHAPTER 1 ANbsjshsgzjzbzjzbzjD 2.pptxJunrivRivera
The document discusses laws related to civil law and marriage in the Philippines. It defines key concepts like what constitutes law, the elements of law, and what the Civil Code and Family Code cover. It also defines marriage under Philippine law and outlines some key points about what marriage entails legally. The document then presents summaries of two case digests, Silverio vs Republic and Republic vs Cagandahan, which discuss legal issues related to changing one's sex classification in their birth certificate.
Presentation at k3 c womens ministry 180819Musyimi Law
This document provides an overview and summary of property rights, succession law, and matrimonial property law in Kenya. It discusses that the Kenyan Constitution guarantees equal property rights for women, both during and after marriage. Upon death, succession can be either testate (with a will) or intestate (without a will), with intestate succession following specific distribution rules. Matrimonial property includes the family home, household goods, and other jointly acquired property during marriage. Ownership is determined based on each spouse's contributions, whether monetary or non-monetary, and matrimonial property is divided upon divorce.
This document provides an overview of basic estate planning documents and concepts. It discusses wills, trusts, powers of attorney, living wills, probate, guardianships, and their purposes. Key points covered include how a will passes property according to instructions but requires probate, while a living trust avoids probate; and how powers of attorney can designate someone to handle financial and medical matters if one becomes incapacitated. The document also summarizes estate tax implications. Overall it serves to explain common estate planning tools and why having an up-to-date plan is important.
Florida Last Will and Testament: The Basics. Learn the ins and outs of Wills, including the important clauses, and the different types of Wills. Last Will and Testaments are an important part of Estate Planning. This presentation is brought to you by Gadiel A. Espinoza, LAW, a Miami Estate Planning Attorney.
The document discusses Indian succession laws and wills. It provides information on:
1) Indian succession laws govern the distribution of a person's property after death if they do not have a will. People should make wills to ensure their wishes are followed.
2) Indian Succession Act 1925 applies to wills made by certain religious groups. A will must be signed by the testator and witnessed by two people.
3) A will sets out how a person's assets will be distributed after their death. It should specify beneficiaries, executors, and guardians for minor children.
NYSC AKWA IBOM STATE ONE DAY CAPACITY BUILDING "TRAINING" ON TESTAMENTARY DIS...Onyekachi Duru Esq
This document provides information about a one day capacity building workshop on wills hosted by the Corp Members Legal Aids Scheme of the National Youth Service Corps in Akwa Ibom State, Nigeria. The workshop covered topics such as the definition of a will, types of wills, requirements for making a valid will, beneficiaries, legacies, and challenges that can arise. It aimed to educate participants on will drafting and the importance of making a will to dictate the distribution of one's estate after death.
The document provides guidance on how to write a will, including 12 steps to follow: 1) Title the document "Last Will and Testament"; 2) Include a declaration of identity and sound mind; 3) Name an executor; 4) Name a guardian for minor children; 5) Detail beneficiaries; 6) Detail assets; 7) Include specific bequests; 8) Express funeral arrangements; 9) Sign the will; 10) Obtain witness signatures; 11) Number paragraphs; 12) Consider notarization. It also discusses choosing an executor and the duties of an executor, which include handling payments, obtaining probate, and distributing assets to beneficiaries.
Trusts originated as a legal mechanism called a "use" to avoid feudal obligations and hold land for those away from battle. A modern trust involves a settlor transferring legal title of property to a trustee to hold for the benefit of beneficiaries. The trustee holds legal title and owes fiduciary duties to beneficiaries, who hold equitable title. Trusts are created through a written instrument or will and require clear identification of property, beneficiaries, and intent to create a trust. United States trust law is governed at the state level, with many states adopting uniform codes, and is also subject to federal tax law.
The document discusses the legal definition and requirements of marriage and family relationships in Australia. It defines marriage as a voluntary union between one man and one woman that creates legal and financial obligations. These obligations include mutual duties of support between spouses, maintenance payments if needed, joint ownership of property, and rules around inheritance for married or de facto couples. The document also outlines the legal requirements for a valid marriage in Australia according to the Marriage Act 1961.
The document discusses testamentary capacity, which refers to a person's mental ability to make a will. It outlines the Banks v. Goodfellow criteria for testamentary capacity, including understanding the nature and effects of making a will, knowledge of one's assets and potential beneficiaries, and being free from delusions. The document also lists important elements like acting voluntarily and knowingly, and factors that can affect capacity like physical/psychiatric conditions, alcohol use, dementia, mood disorders, and undue influence.
The document discusses key aspects of the Bill of Rights under the Philippine Constitution. It covers 14 sections that protect various civil liberties and rights, including:
1) Due process and equal protection of law under Section 1.
2) Protection from unreasonable searches and seizures under Section 2, including requirements for search warrants.
3) Privacy of communication under Section 3 and inadmissibility of illegally obtained evidence.
4) Freedoms of speech, expression, press, assembly, and right to petition under Section 4.
The document provides an overview of the essential rights and liberties protected in the Bill of Rights, as well as limitations and exceptions to some of these rights.
What Factors Affect the Distribution of an Illinois InheritanceRobert Nash
If you are an heir to the estate, or believe you are a beneficiary of the estate, you may wonder how long it will take you to actually receive your inheritance; however, you may also be reluctant to ask as it may seem inappropriate or callous. Learn more about Illinois inheritance in this presentation.
The document discusses several rights protected by the Philippine Constitution. It begins by defining a bill of rights as a declaration of a person's rights and privileges protected against government violations. It notes the social importance given to individual dignity and worth in a democratic state.
It then outlines specific rights such as the right to life, liberty and property protected by due process of law; equal protection under the law; freedom from unreasonable searches and seizures; privacy of communication; and freedom of speech, press and religion. It provides explanations and limitations for each right. The document emphasizes that these rights are fundamental to popular sovereignty and people's access to governmental decisions.
This document discusses wills, including what a will is, types of wills, how to prepare a will, who can make a will, reasons to make a will, executors, and registering wills. A will outlines wishes for property distribution and minor children upon death. There are unprivileged and privileged wills, with different requirements depending on the testator's occupation. Preparing a will involves gathering information about the testator and beneficiaries. Anyone of sound mind can make a will. Reasons to make a will include clearly defining who receives assets, controlling who benefits, choosing guardians, and reducing estate taxes. Executors carry out the testator's wishes, and a will can be registered for additional legal
The document discusses key provisions of the Bill of Rights in the Philippine Constitution. It covers the rights to due process, equal protection, privacy, free speech, religious freedom, travel, information access, and association. It also discusses limitations on these rights and the powers of government, including eminent domain, police power, and taxation.
A will is a legal declaration by which a person expresses his wishes regarding the distribution of his property after his death. It takes effect only after the death of the person making the will. A will can dispose of both movable and immovable property and can appoint executors. It must be in writing and signed by the person making it, and attested by two or more witnesses.
Civil law defines and protects private citizen rights through areas like contracts, torts, property, and family law. It originated from ancient Roman laws and codes. Tort law is a branch of civil law dealing with personal injury and property damage from wrongful acts, seeking monetary compensation. There are three tort categories: negligence, intentional torts, and strict liability. Negligence involves a duty, breach of duty through unreasonable actions, causation of damages. Contract law governs agreements where parties have obligations and can be liable for breach. Property law distinguishes personal and real property, addressing torts like trespass and conversion. Family law handles marriage, divorce, child custody, and other domestic issues.
Abc of life.. five laws of nature and seven divine rules! ss vSUN&FZ Associates
Nothing in human history has so far happened without a known and unknown reason, human reaction and beneficial or harmful and constructive or destructive consequences on the path of evolution. The process of evolution, triggered by observation, leads to experimentation and results in either invention or innovation for progress and prosperity or death and destruction
Interestingly, nothing in human lives like in day-to-day performance of nature is happening out of a well-defined and fixed time-frame. Like nature, human life is also divided into a daily 24-hour cycle of temporary life and death leading to its ultimate unpredictable end called permanent death which is so far uncontrollable.
Employment PracticesRegulation and Multinational CorporationsRoopaTemkar
Employment PracticesRegulation and Multinational Corporations
Strategic decision making within MNCs constrained or determined by the implementation of laws and codes of practice and by pressure from political actors. Managers in MNCs have to make choices that are shaped by gvmt. intervention and the local economy.
Org Design is a core skill to be mastered by management for any successful org change.
Org Topologies™ in its essence is a two-dimensional space with 16 distinctive boxes - atomic organizational archetypes. That space helps you to plot your current operating model by positioning individuals, departments, and teams on the map. This will give a profound understanding of the performance of your value-creating organizational ecosystem.
12 steps to transform your organization into the agile org you deservePierre E. NEIS
During an organizational transformation, the shift is from the previous state to an improved one. In the realm of agility, I emphasize the significance of identifying polarities. This approach helps establish a clear understanding of your objectives. I have outlined 12 incremental actions to delineate your organizational strategy.
Impact of Effective Performance Appraisal Systems on Employee Motivation and ...Dr. Nazrul Islam
Healthy economic development requires properly managing the banking industry of any
country. Along with state-owned banks, private banks play a critical role in the country's economy.
Managers in all types of banks now confront the same challenge: how to get the utmost output from
their employees. Therefore, Performance appraisal appears to be inevitable since it set the
standard for comparing actual performance to established objectives and recommending practical
solutions that help the organization achieve sustainable growth. Therefore, the purpose of this
research is to determine the effect of performance appraisal on employee motivation and retention.
Enriching engagement with ethical review processesstrikingabalance
New ethics review processes at the University of Bath. Presented at the 8th World Conference on Research Integrity by Filipa Vance, Head of Research Governance and Compliance at the University of Bath. June 2024, Athens
Colby Hobson: Residential Construction Leader Building a Solid Reputation Thr...dsnow9802
Colby Hobson stands out as a dynamic leader in the residential construction industry. With a solid reputation built on his exceptional communication and presentation skills, Colby has proven himself to be an excellent team player, fostering a collaborative and efficient work environment.
Public Speaking Tips to Help You Be A Strong Leader.pdfPinta Partners
In the realm of effective leadership, a multitude of skills come into play, but one stands out as both crucial and challenging: public speaking.
Public speaking transcends mere eloquence; it serves as the medium through which leaders articulate their vision, inspire action, and foster engagement. For leaders, refining public speaking skills is essential, elevating their ability to influence, persuade, and lead with resolute conviction. Here are some key tips to consider: https://joellandau.com/the-public-speaking-tips-to-help-you-be-a-stronger-leader/
Ganpati Kumar Choudhary Indian Ethos PPT.pptx, The Dilemma of Green Energy Corporation
Green Energy Corporation, a leading renewable energy company, faces a dilemma: balancing profitability and sustainability. Pressure to scale rapidly has led to ethical concerns, as the company's commitment to sustainable practices is tested by the need to satisfy shareholders and maintain a competitive edge.
2. He Knows My Name - performed by
Paul Baloche.avi
3. • Jesus is the embodiment of
perfected confidence. No fear. No
uncertainty. Only pure, unstained,
tamed confidence. Unlike Jesus,
most of us must go through
grueling years of self-searching to
find out who we are.
4. • None of us is born with confidence
- it is developed over time. If you
are without it, or are running low
of supply, take heart. Confidence is
attainable, and not at the price
some will tell you must be paid.
5. • The PMA (Positive Mental Attitude)
gurus travel from town to town telling
people to "smile, cheer up; things
could be worse!" Anad sure enough,
things get worse. I love what Charlie
Tremendous Jones said to his wife in a
fit of rage in his best-selling book, Life
Is Tremendous: "I can't wait to get
successful so I can move to plush office
where I can fail in style."
6. • It is spoken tongue-in-cheek, but
compare it with bestsellers such as,
Think and Grow Rich and You Can
Become the Person You Were Meant
to Be. Think confidently, they say, and
you will be confident. That's all there is
to it. You and I know, however, that if it
were so easy, we would all be
confident, happy and successful.
7. OVERCOMING
CONFIDENCE KILLERS
1. Fear is the number one killer of
confidence.
2. A lack of purpose is confidence killer
number two.
3. The third critical blow to building
confidence is the need for constant
justification.
8. KEYS TO CONFIDENCE
1. Giving is the beginning of
confidence.
2. Preparation lays the foundation for
confidence.
3. Objectivity builds confidence.
4. Freedom and empowerment send
confidence soaring.
9. Four Levels in the Hierarchy of
Delegation
1. Bring me the facts. I'll decide.
2. Offer a recommended decision and let
me know what it is. I'll agree or
disagree.
3. Do something. Tell me about it and
report the results whether good or bad.
4. Do something. I don't want to know the
results.
17. Path-Goal Theory
TYPES OF LEADERSHIP
STYLES• With Path-Goal Theory, you
can identify the best
leadership approach to use,
based on your people's needs,
the task that they're doing,
and the environment that
they're working in.
18. Six Emotional Leadership
Styles
TYPES OF LEADERSHIP
STYLES• The theory highlights the
strengths and weaknesses of
six common styles – Visionary,
Coaching, Affiliative,
Democratic, Pacesetting, and
Commanding.
19. Flamholtz and Randle's Leadership
Style Matrix
TYPES OF LEADERSHIP
STYLES• First published in 2007, Flamholtz
and Randle's Leadership Style
Matrix shows you the best style
to use, based on how capable
people are of working
autonomously, and how creative
or "programmable" the task is.
20. Transformational
Leadership
TYPES OF LEADERSHIP
STYLES
• Transformational leaders have
integrity and high emotional
intelligence.
• They motivate people with a
shared vision of the future, and
they communicate well.
• They're also typically self-aware,
authentic, empathetic, and
humble.
21. Specific Leadership
TYPES OF LEADERSHIP
STYLES•Bureaucratic Leadership
•Charismatic Leadership
•Servant Leadership
•Transactional Leadership
23. CIVIL LAW
• Body of rules that defines and
protects the private rights of
citizens, offers legal remedies
that may be sought in a
dispute, and covers areas of
law such as contracts, torts,
property and family law.
24. CIVIL LAW
•It is derived from the laws of
ancient Rome which used
doctrines to develop a code
that determined how legal
issues would be decided.
25. BRANCHES OF
CIVIL LAW
1. Contract Law – deals with
agreements between two or more
parties, each of which is obligated
to hold up their portion of the
agreement. For example, two
parties enter into an agreement
for the lease of an apartment.
26. BRANCHES OF
CIVIL LAW2. Tort Law – is a branch of civil law
that is concerned with personal
injury and civil wrongdoing. A tort is
a civil wrong, done by one person or
entity to another which results in
injury or property damage, and
frequently involves monetary
compensation to the injured party.
27. THREE CATEGORIES OF
TORT
a) Negligence – is an unintentional tort, to which
there are four elements that must be satisfied.
• Duty – The defendant had a duty to act in a
reasonable manner
• Breach of Duty – meaning that the defendant
failed to act reasonably
• Causation – the defendant is breach of duty
must be the cause of the plaintiffs injury or loss
• Damages – monetary, property, or other loss
28. THREE CATEGORIES OF
TORT
b) Intentional Tort – is a deliberate
wrongdoing in which the defendant
acted with intent to cause harm or
injury. Some examples of intentional
torts include: assault and battery,
false imprisonment, fraud, invasion
of privacy, and intentional infliction
of emotional distress.
29. THREE CATEGORIES OF
TORT
c) Strict liability – is a tort that does not require actual
negligence or intent to injure. It is based on an
absolute or strict duty to ensure something is safe.
Strict liability frequently comes into play with
hazardous activities, such as bungee jumping. The
company that owns the bungee cords, or offers the
activity to consumers, has an absolute duty to make
sure the bungee cords are intact, hooked up correctly,
and are ready to operate safely. If a consumer is
injured because the cord breaks or comes undone, the
company is liable for the injury under strict liability.
30. BRANCHES OF
CIVIL LAW3) Property Law – covers both personal property
and real property. Personal property can be
tangible, such as jewelry, animals, and
merchandise, or intangible such as patents,
copyrights, stocks, and bonds. Real property
refers to land and anything built on it that
cannot be easily removed, as well as anything
under the surface of the land, such as oil and
minerals. There are two types of property law:
trespass and conversion.
31. PROPERTY LAW
• Trespass to chattels – refers to a defendant
intentionally and physically interfering with the
plaintiffs right to possession and use of their personal
property.
• Trespass to land – occurs when a defendant enters
plaintiffs private property without consent of the
plaintiff.
• Conversion – refers to a defendant depriving a plaintiff
of their personal property without the plaintiffs
consent, and then using the plaintiffs’ property as his
own.
32. BRANCHES OF
CIVIL LAW4) Family Law – is the branch of civil law that deals
with marriage, annulment, child custody, adoption,
birth, child support, and any other issues affecting
families. This branch of civil law is unique in that
there is not necessarily a person who committed a
civil wrong. This is particularly true in states that
have no-fault divorces. The family court gets
involved with dividing up property and finances
after a divorce, establishing child custody, child
support, and spousal support among other things.
33. CIVIL LAW
• Republic Act No. 386,
otherwise known as the Civil
Code of the Philippines, took
effect on 30th of August, 1950,
a year after its publication in
the Official Gazette pursuant to
Article 2 of the same code.
34. CIVIL LAW
A. PERSONS
Civil Code provides for two kinds of
persons:
• Natural Persons - are human
beings.
• Judicial Persons - are created by
fiction of law.
35. CIVIL LAW
B. MARRIAGE
Executive Order No. 209, series of 1987
otherwise known as the Family Code of the
Philippines, provided for concepts of marriage.
Marriage is a special contract of permanent
union between a man and a woman entered
into in accordance with the law for the
establishment of conjugal and family life.
36. CIVIL LAW
It is the foundation of the family and an
inviolable social institute whose nature,
consequences, and incidents are
governed by law and not subject to
stipulation, except that marriage
settlements may fix the property
relations during the marriage within
the limits provided by this code.
37. ESSENTIAL REQUISITES OF
MARRIAGE
• Legal capacity of the contracting
parties who must be a male and
a female.
• Consent freely given in the
presence of the solemnizing
officer.
38. FORMAL REQUISITES OF
MARRIAGE
• Authority of the solemnizing officer;
• A valid marriage license;
• A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing officer and their
personal declaration that they take each
other as husband and wife in the presence
of not less than two witnesses of legal age.
39. Under Article 7 of the Family Code, Marriages
may be solemnized by the following:
a) Any incumbent member of the judiciary within
the court's jurisdiction;
b) Any priest, rabbi, imam, or minister of any church
or religious sect duly authorized by his church or
religious sect and registered with the civil
registrar general, acting within the limits of the
written authority granted by his church or
religious sect provided that at least one of the
contracting parties belongs to the solemnizing
officer's church or religious sect;
40. Under Article 7 of the Family Code, Marriages
may be solemnized by the following:
c) Any ship captain or airplane chief only in the case
mentioned in Article 31 of the Family Code;
d) Any military commander of a unit to which the
chaplain is assigned, in the absence of the latter,
during a military operation, likewise only in the
cases mentioned in Article 32 of the Family Code;
e) Any consul-general, consul or vice-consul in the
case provided under Article 10 of the Family
Code.
41. PSYCHOLOGICAL
INCAPACITY
• A marriage contracted by any party
who, at the time of the celebration,
was psychologically incapacitated to
comply with the essential marital
obligations of marriage, shall likewise
be void even if such incapacity
becomes manifest only after its
solemnization.
42. INCESTUOUS
MARRIAGES
• Incestuous marriages are those
contracted between ascendants
and descendants of any degree;
and between brother and sister,
whether of full or half-blood.
43. VOID MARRIAGES BY REASON
OF PUBLIC POLICY
1. Between collateral blood relatives whether
legitimate or illegitimate, up to the fourth civil
degree;
2. Between step-parents and stepchildren;
3. Between parents-in-law and children-in-law;
4. Between the adopting parent and adopted
child;
5. Between the surviving spouse of the adopting
parent and the adopted child;
44. VOID MARRIAGES BY REASON
OF PUBLIC POLICY
6. Between the surviving spouse of the adopted
child and the adopter;
7. Between an adopted child and legitimate child
of the adopter;
8. Between adopted children of the same adopter;
and
9. Between parties where one with the intention
to marry, the other killed that another person's
spouse, or his or her own spouse.
45. PRESCRIPTION
• The action or defense for the declaration of
absolute nullity shall not prescribed.
However, in case of marriage celebrated
before the effectivity of this Code and
falling under Article 36, such action or
defense shall prescribe in ten years after
this Code shall take.
46. PRESCRIPTION
• Furthermore, it is important to note that the
absolute nullity of a previous marriage may be
invoked for purposes of remarriage on the basis
solely of a final judgment declaring such
previous marriage void.
• Hence, before one can contract a subsequent
marriage, one must first secure a judicial
declaration of the absolute nullity of the
previous marriage.
47. Article 45. The marriage may be annulled for any of the
following causes, existing at the time of the marriage:
a) That the party in whose behalf it is sought to have the
marriage annulled was eighteen years of age or over
but below twenty-one, and the marriage was
solemnized without the consent of the parents,
guardian or person having substitute parental authority
over the party, in that order, unless after attaining the
age of twenty-one, such party freely cohabited with the
other and both lived together as husband and wife;
b)That either party was unsound mind, unless such party,
after coming to reason, freely cohabited with the other
as husband and wife;
48. Article 45. The marriage may be annulled for any of the
following causes, existing at the time of the marriage:
c) That the consent of either party was obtained by fraud, unless
such party afterwards, with full knowledge of the facts
constituting the fraud, freely cohabited with the other as
husband and wife; (Article 46)
d) That the consent of either party was obtained by force,
intimidation or undue influence, unless the same having
disappeared or ceased, such party thereafter freely cohabited
with the other as husband and wife;
e) That either party was physically incapable of consummating the
marriage with the other, and such incapacity continues and
appears to be incurable; or
f) That either party was afflicted with sexually-transmissible
disease found to be serious and appears to be incurable.
49. Article 55. A petition for legal separation may
be filed on any of the following grounds:
1) Repeated physical violence or grossly abusive conduct
directed against the petitioner, a common child, or a
child of the petitioner;
2) Physical violence or moral pressure to compel the
petitioner to change religious or political affiliation;
3) Attempt of respondent to corrupt or induce the
petitioner, a common child, or a child of the petitioner,
to engage in prostitution, or connivance in such
corruption or inducement;
4) Final judgment sentencing the respondent to
imprisonment of more than six years, even if pardoned;
50. Article 55. A petition for legal separation may
be filed on any of the following grounds:
5) Drug addiction or habitual alcoholism of the respondent;
6) Lesbianism or homosexuality of the respondent;
7) Contracting by the respondent of a subsequent bigamous
marriage, whether in the Philippines or abroad;
8) Sexual infidelity or perversion;
9) Attempt by the respondent against the life of the
petitioner; or
10)Abandonment of petitioner by respondent without
justifiable cause for more than one year.
51. DISTINCTION BETWEEN
ANNULMENT AND LEGAL
SEPARATIONANNULMENT LEGAL SEPARATION
(a) The marriage was defective at the very
beginning.
(a) There was no defect in the marriage at
the beginning.
(b) The cause for annulment must be already
existing at the time of the marriage.
(b) The cause for legal separation arises after
the marriage celebration.
(c) There are seven grounds for annulment. (c) There are ten grounds for legal
separation.
(d) Annulment dissolves the marriage bond;
the parties are free to marry again.
(d) The marriage remains.
(e) From the angle of Private International
Law, the grounds are generally those given in
the lex loci celebrationis (by implication from
Art. 71 of the Civil Code.)
(e) From said angle, the grounds are those
given by the NATIONAL LAW, not the lex loci
celebrationis for in legal separation, the very
validity of the marriage itself is NOT
questioned, unlike in the case of annulment.
(See Art. 15 of the Civil Code).
52. PROFESSION
• A profession is a vocation founded upon
specialized educational training, the purpose of
which is to supply disinterested objective
counsel and service to others, for a direct and
definite compensation, wholly apart from
expectation of other business gain. The term is a
truncation of the term “liberal profession”,
which is, in turn, an Anglicization of the French
term “profession libérale”.
53. HISTORY
• Medieval and early modern tradition recognized only three
professions: divinity, medicine, and law – the so-called “learned
professions”.
• Major milestones which may mark an occupation being identified
as a profession include:
– an occupation becomes a full-time occupation
– the establishment of a training school
– the establishment of a university school
– the establishment of a local association
– the establishment of a national association
– the introduction of codes of professional ethics
– the establishment of state licensing laws
54. HISTORY
• Applying these milestones to the historical sequence of
development in the United States shows surveying achieving
professional status first (note that George Washington,
Thomas Jefferson, and Abraham Lincoln all worked as land
surveyors before entering politics), followed by medicine,
actuarial science, law, dentistry, civil engineering, logistics,
architecture and accounting. With the rise of technology and
occupational specialization in the 19th century, other bodies
began to claim professional status: pharmacy, veterinary
medicine, psychology, nursing, teaching, librarianship,
optometry and social work, each of which could claim, using
these milestones, to have become professions by 1900.
55. HISTORY
• Just as some professions rise in status and power
through various stages, others may decline. Disciplines
formalized more recently, such as architecture, now
have equally long periods of study associated with
them. Although professions may enjoy relatively high
status and public prestige, not all professionals earn
high salaries, and even within specific professions there
exist significant inequalities of compensation; in law, for
example, a corporate/insurance defense lawyer working
on a billable hour basis may earn several times what a
prosecutor or public defender earns.
56. FORMATION
• A profession arises when any trade or
occupation transforms itself through “the
development of formal qualifications based
upon education, apprenticeship, and
examinations, the emergence of regulatory
bodies with powers to admit and discipline
members, and some degree of monopoly
rights.”
58. REFERENCES:
• Brown, J. (1992). The Definition of a Profession: The
Authority of Metaphor in the History of Intelligence
Testing, 1890-1930. Princeton, NJ: Princeton University
Press;
• Larson, M. S. (1978). The Rise of Professionalism: A
Sociological Analysis. Berkeley, California: University of
California Press;
• Legaspi, N. M. (2014). Handouts in social Science 15: Law
Related Studies. Southern Iloilo Polytechnic College -
WVCST Miagao Campus;
• Zabloski, J. (1996). The 25 Most Common Problems in
Business and How Jesus Solved Them. Broadman &
Holman Publishers;
• Types of Leadership Styles. Mind Tools Ltd, 1996-2017;