The Instruction Phase in Criminal Proceedings
Lesson 9: The Instruction Phase
1. Introduction
1A. Run-on Instruction
A run-on instruction is part of a criminal appearance of the facts known to the judge. Steps are performed to accurately assess all relevant legal aspects. Its result allows us to assess whether the case should proceed to the second phase (trial) if there is still evidence of an offense and it can be attributed to an individual.
Article 299 of the Criminal Procedure Code (CPP) summarizes the actions to prepare for trial:
- Preliminary
Arbitration and Third Parties in Legal Proceedings
1. Concept of Arbitration
Arbitration is a dispute settlement mechanism outside of state jurisdiction. Disputes between parties are settled based on their expressed wills in a compromise. They prefer to settle their claims based on the compromise of another person (legal entity) called an arbitrator.
2. Constitutional Basis of Arbitration
Article 17 of the Constitution states: “No person may take the law itself, or resort to violence to reclaim their right.” This article provides a generic concept
Read MoreIndustrial Law and Competition Regime
Item 4: Industrial Law and the Legal Regime of Competition
Patents
Patents are special property rights granted to registrants (not necessarily inventors) for innovations. They provide exclusive exploitation rights for a period defined by law.
Requirements:
- Novelty: The invention must not have been publicly disclosed in Spain or abroad.
- Inventive Step: The innovation must be a result of research conducted by the inventor.
- Industrial Application: The invention must be a product or process that can be manufactured
Kosovo’s Independence: A Legal Analysis
Kosovo Parliament
1. Secession and International Law
We must differentiate between peaceful separation by agreement between the central government and the population that wants to secede. Example: Czechoslovakia (International law allows separation by agreement). International law does not allow secession as a general rule (when part of the population enjoys some government locale and says that it wants to create an independent state).
Exceptions:
- In the case of occupied peoples/attachments (Baltic
Corporation and Cooperative Society: A Guide
Corporation
General Characteristics
The most important characteristics of a corporation are:
- Limited Liability: The liability of members is limited to their capital contribution.
- Minimum Capital: The minimum capital is 60.101,21 €. This capital is divided into registered shares or bearer shares. Corporations can be created by simultaneous foundation (all shares are disbursed at the time of creation) or by successive foundation (the shares are disbursed over time). The capital must be fully subscribed
Types of Domination: Legitimacy and Authority in Society
Max Weber, “Economy and Society” – Cap. III ‘Types of domination “Types of Domination
1. Forms of Legitimacy
1. Constitutes “domination,” according to the definition already given, the probability of finding obedience within a specific group for specific mandates (or for all sorts of mandates). It is, therefore, any kind of chance to exercise “power” or “influence” over other men. In case this domination (“authority“) in the direction indicated, retreat to the most diverse reasons of submission: