Legal System Essentials: Courts, Trials, and Key Concepts
Courts
a. Trial vs. Appellate Courts
Trial Courts: Original jurisdiction; determine facts and apply the law. Includes witness testimony, evidence presentation, and jury deliberations.
Appellate Courts: Review lower court decisions for legal errors; no new evidence or witnesses. Focus on legal arguments.
b. Types of Judicial Decisions
Majority Opinion: Reflects the view of most judges.
Concurring Opinion: Agree with the outcome but for different reasons.
Dissenting Opinion: Disagrees with the majority’s
Tax Obligations: Concepts, Principles, and Types
Tax Obligations: The Basics
Concept and Nature of the Obligation. The tax is established in our system as an obligation, a legal relationship where a creditor can demand a specific benefit from a debtor. Traditionally, the charge has been defined in two ways: as a coercive provision and as an obligation.
The Link to Tax Law The concept of duty, as a mandatory relationship binding the State (creditor) and the taxpayer (debtor), converges with two basic ideas: the separation of powers, which distinguishes
Read MoreEmployment Contract Termination: Causes and Maternity Protection
Labor Contract Termination
Forms of termination of employment contracts in private law include mutual consent, legal reasons (resolution, termination, annulment), and unilateral declarations of will. The termination of a work contract is a legal event that ends the employment relationship, dissolving legal and ethical obligations between parties, except for confidentiality. It’s crucial to seek legal advice to ensure contracts are efficient and avoid premature dissolution. The end of a contract can
Read MoreLegal Positivism: Historical Schools of Thought
Positivism, the School of Exegesis, and Coding
In the early nineteenth century, naturalism exceeded the iusnaturalism of the seventeenth and eighteenth centuries. This improvement was presented as necessary. It was believed that natural law had triumphed, and from the political and legislative point, was realized. The problem had already been exceeded (the relationship between a natural law which was higher than positive law).
Schools of Legal Science in the Nineteenth Century:
- School of Exegesis (
Understanding Company Structures, Types, and Formation in India
According to Section 2 (20) of the Company Act 2013, “Company means a company incorporated under this Act or any previous Company Law.” In general, a company is an artificial person, created by law, that has a separate legal entity, perpetual succession, and common seal and has limited liability. It is a voluntary association of persons who together contribute to the capital of the company to do business. Generally, the capital of a company is divided into small parts known as shares, the ownership
Read MoreUnderstanding Labor Law: Rights, Sources, and Spanish Legal Framework
1 – The Law, General Notions
Rights
Public Law
It regulates the social relations that involve the state or some public authorities as such:
- Constitutional Law
- Criminal Law
- Financial Law
- Taxation
- Public International Law
- Procedural Law
- Administrative Law
Private Law
Regulates relations between individuals
Disciplines of private law:
- Civil Law
- Trade Law
- Private International Law
- Labor Law, Social or Labor
2 – Labor Law
It is the part of law that is responsible for regulating industrial relations.
It is the fruit of forms
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