Understanding Law: Concepts, History, and Branches
Law: Concept and Implications
Jorge J. Llambías defines law as a just social order – a set of rules that organize the lives of individuals in society, enabling them to pursue their goals and live with dignity. Humans, by nature, tend to live together, and this coexistence requires regulation to ensure everyone can achieve common goals. This social life must be fair.
Hans Kelsen’s Perspective
Hans Kelsen views law as an order promoting peace. It aims to enable individuals to live together and resolve
Read MoreLogical Fallacies and Arguments: Paradoxes, Inductive Reasoning, and More
Logical Fallacies and Paradoxes
Paradox: Contradiction
A logical falsehood is any statement that is not logically consistent or consists of a logical incompatibility between two or more propositions. This sentence is false.
Infinite Regress
A sequence of reasoning or justification that never comes to an end. Reason —> Reason —> Reason Ad infinitum. Example: Turtle, Turtle.
Circularity
A logical fallacy where the reasoner begins with what he or she is trying to end up with. Example: Joe is really
Read MoreConstitutional Reform in Spain: A Comprehensive Overview
Lesson 20: The Constitutional Reform
I. General Ideas:
The Constitution, by its character as supreme law, has provisions for reform. This clause, originating in the U.S. and Europe, has undergone a distinguished evolution in four stages:
- The first period corresponds to the revolutionary constitutionalism of the principles of supremacy of the legislature and rigidity of the Constitution. It was extreme rigidity that prevented reform.
- The second period considered the Constitution as a compact between
Spanish Legal System: Sources, Norms, and Constitutional Interpretation
Item 10 -> the sources of law:
they are social forces capable of creating legal norms / the ord.
are a set of legal rules or standards production, all NJ are located within an OJ / legal system is a set of systems that claim to be consistent (can not contain contradictions, and if you have the system itself provides formulas that solve eg, posterior standard supersedes the higher standard supersedes the lower.
plenitude (the OJ should contain all the possible scenarios one can really give q
Property Law: Understanding Possession and Ownership in Brazilian Civil Code
LAW OF THINGS (Article 1196 to 1510 CC)
Property law: the set of rules governing relations between people and things. Not all things are objects of this right which is appropriated only to things of interest and with some economic value.
PERSONAL RIGHTS
REAL RIGHTS
Law is the one that gives its holder the right to act against certain people to get the prescription that the court is entitled.
REAL LAW
It is one that gives the holder the right to act against everything and against everyone who opposes him.
Read MoreJurisdiction and Trademarks in the Digital Age
Jurisdiction
Definition – Authority of a Court
- Authority of a court to hear the facts of a particular controversy
- Authority of a court to decide cases between the particular parties before the court – personal
Requirements for Jurisdiction
The court must have two things:
- Subject matter jurisdiction over the plaintiff
- Personal jurisdiction over the defendant
Personal Jurisdiction Over Plaintiff
Never an issue – a court’s personal jurisdiction over the plaintiff occurs when the plaintiff walks into the courthouse
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