Understanding Jurisdiction: Definition, Elements, and Types
Jurisdiction: An Introduction
Jurisdiction is a fundamental concept in law. It refers to the authority of a court or other legal body to hear and decide a case.
1. Jurisdiction: The Foundation
All judges possess jurisdiction, but not to compete. Jurisdiction is the justice that applies.
2. Competence: Defining Limits
Competence represents the upper limit of jurisdiction.
5. The Judicial Function
The judicial function is exercised exclusively by the Supreme Court of Justice and other courts established
Read MoreUnderstanding Contractual Conditions: Types & Compliance
Contractual Conditions: Concept and Nature
Article 1113 of the Civil Code states that a condition is the dependence of the effects of a contract on an uncertain future event, or a past event unknown to the stakeholders. Uncertainty is the defining characteristic of a condition; it is not known whether the event will occur (objective uncertainty), or whether it has occurred (subjective uncertainty).
The condition affects the production of effects of the bargaining, not the business itself. The condition
Read MoreFASID Matrix: Imperfections and Dissolution in Islamic Law
FASID Matrix: Imperfect Marriages
The matrix in FASID (Aunq x ntrlza ppio) is considered imperfect or FASID if it is not healthy. This loses its effect due to any circumstances outside the business background. JCO or its scope constitutes the essentiality, and in such a case, the fundamental consequence is that it can be dissolved by demand in court.
A matrix is defined as FASID if it concurs with any circumstances. For example:
- Irregularities in the dowry.
- If the matrix is held during a period of pilgrimage
Irnerius: Founder of Medieval Roman Law
Write your text here! Irnerius (c. 1050 – after 1125), sometimes referred to as lucerna juris (“lantern of the law”), was an Italian jurist and founder of the School of Glossators and thus of the tradition of Medieval Roman Law.
Decretals with Glossa ordinaria. He taught the newly recovered Roman law code of Justinian I, the Corpus Juris Civilis, among the liberal arts at the University of Bologna, his native city. The recovery and revival of Roman law, taught first at Bologna in the 1070s, was
Read MoreEU Law: Annulment, Omission, and Infringement Actions
Actions for Annulment, Omission, and Infringement in EU Law
Action for Annulment (Judicial Review of Community Law)
As specified in Articles 263 and 264 of the Treaty on the Functioning of the European Union (TFEU), the action for annulment concerns the judicial review of Community law in positive acts. These acts are the decisive actions of the institutions that produce legal effects against third parties, including regulations, directives, and decisions, as well as some atypical acts.
Three conditions
Read MoreCapacity to Sue: Who Can and Cannot File a Lawsuit
Capacity to Sue: Who Can and Cannot
Introduction
Every person living in a civilized state has certain rights granted by law. Infringement of these rights gives rise to the right to sue the person who infringed them. This right to sue is known as the capacity of an individual, indicating the competence of parties to sue and the liability to be sued. In torts, some persons can sue but cannot be sued, others cannot sue but can be sued, and yet another group can neither sue nor be sued. This document
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