Business Structures: Incorporation and Liability
Incorporation
Incorporation is the legal process of forming a business entity recognized in law.
Unincorporated Businesses
These are not separate legal entities. In law, there is no difference between the owner(s) and the business, meaning that any legal action is effectively taken against the owner(s).
Incorporated Businesses
The owner and the business are separate legal entities. In law, there is a difference between the owner(s) and the business, meaning that legal action can be taken against the
Read MoreKey Legal Terms: Torts, Business Structures, and Dispute Resolution
Torts
- Tortfeasor: Person who commits a tort.
- Misappropriation: Using something uniquely associated with another individual without their permission; an invasion of privacy.
- Shoplifter’s Privilege: Legal right to detain a suspected shoplifter if there is reasonable suspicion, reasonable force is used, confinement is for a reasonable period, and the suspect is not humiliated.
- Malicious Prosecution: Intentionally providing false information that leads to someone’s arrest.
- Attractive Nuisance: Landowner
Police Deterrence, Racial Profiling, and Solutions
1. Deterrence and Police Work
The doctrine of deterrence, deriving from the principles of the Classical School, is the foundation of criminal justice in many countries. The core ideas of this doctrine are:
- The pursuit of pleasure motivates human behavior.
- Individuals have freedom in decision-making.
- Criminal justice, by punishing criminal conduct, counteracts the pleasures it can bring.
- Punishment serves as both a general and specific deterrent.
Common sense suggests that a greater police presence on
Read MoreEntrepreneurship: Legal Status, Obligations & Liability
Private Law Incompatibilities and Prohibitions
Private law incompatibilities: Absolute incompatibilities have recently lost their leading legal case (Art. 14.4 Ccom, as a result of the merger between the notary public body and so-called “agents de cambio y bolsa”). However, relative prohibitions based on private interest are frequently provided for. Relative prohibitions are usually intended to prevent certain persons from illicitly competing by reason of their position – namely, partners in a
Read MoreUnderstanding Power: Definitions, Relationships, and Political Organization
Understanding the Concept of Power
Uses of the Word “Power”
- As Domain: Refers to the power or ability that someone has to send something.
- As Strength: Indicates vigor, capacity, or the ability to do something.
- As Possession: Used to indicate that an object belongs to someone.
- As Guidance: It is normally used to refer to guiding or constraining the state.
- As Government: It refers directly to the government of some political groups.
Power and Dominance Relationships
One of the most common uses of the term
Read MoreUnderstanding Labor Relations: Employer, Worker, and Contract Types
Understanding Labor Relations: Key Definitions and Contract Types
Subjects of Article 3: Employer Labor Relations
The employer is defined as the person or entity that utilizes the intellectual or material services of one or more individuals under a contract of employment. These entities can be social, cultural, charitable, and possess a distinct legal identity.
Defining the Worker and Employed Person
- Worker: Any individual who provides personal, intellectual, or material services under dependence or