Legal Case Studies: Debt Collection, Fraud, and Justice System Crimes
1. Debt Collection Methods
A creditor of B, a merchant, forcibly retrieves money from B’s pocket due to B’s refusal to pay a debt. Where does this offense fall? This incurs the arbitrary exercise of one’s own reasons, as taking justice into one’s own hands is not justified, even for legitimate claims.
2. Fraudulent Conduct
John engages in fraudulent conduct, causing Mary to receive an amount owed and subsequently refuse voluntary payment. John commits:
- a. Fraud (Estelionato)
- b. Theft through fraud
- c.
Labor Laws and Employee Benefits in India
Labor Policy in India
India’s labor policy aims to promote social justice, economic development, and the welfare of the labor force. The Constitution of India, the Preamble, the Fundamental Rights, and the Directive Principles of State Policies are the basis for the government’s labor policies. Some of the main provisions of India’s labor policy include:
- Working hours: Adults (over 18 years of age) cannot work more than 48 hours per week or 9 hours per day.
- Safety and health: Factories must be registered,
Commercial Law: Definition, Sources, and Instruments in Spain
**Item 1: Definition and Sources of Commercial Law**
**Commercial Law: Concept and Historical Evolution**
a) The Traditional Classification of Substantive Law
Traditionally, substantive law is divided into public law (bounded by the state) and private law (defined by the person, in defense of their goals and particular interests). Within private law, property law regulates the person as a subject of the economy and their relations in the exercise of economic activities. Property law is divided into
Read MoreLegal Representation and Due Process in Chilean Law
The Parties
Natural or legal persons have started the war by choice or necessity. To be part of a trial requires the capacity for joy.
IUS Postulandi Standing
The party is required to appear in court, affirming itself by the ability to exercise, gained at 18 years of age. To appear in court, one should exercise action: the faculty or medium through which one demands a right and the physical act makes it worth.
Demand
It is written and is defined as a legally binding procedure, and a fact with legal consequences,
Read MoreEnvironmental Protection in Spain: Rights and Duties
Constitutional Duty to Protect the Environment
One feature of the social state that accompanies the recognition of social rights is the recognition of the right itself, which implies the duty of all to endure sacrifices for the better performance of the duty. The imposition of an environmental duty to exercise the right reinforces the protection of the environment. The independent constitutional duty to regulate is more closely linked to everyone in the task of preserving the environment. With the
Read MoreConstitutional Jurisdiction: Origins, Evolution, and Control Systems
Constitutional Jurisdiction: Origins and Evolution
Primitive liberalism and constitutionalism had great faith in the law and did not distrust the legislature. However, judges were viewed with suspicion due to their service to the king in the absolute state. There was a concern that judges were enslaved to the letter of the law. The law was seen as the charter of liberty, and the judge was merely its obedient servant and executor.
In America, subjects were protected by the Constitution, a higher law
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