Legal Terms Explained: Key Differences and Definitions
1. Murder vs. Manslaughter: “Murder” is unlawfully and deliberately killing someone, whereas “manslaughter” is the killing of another person without malice.
2. Kidnapping vs. Hijacking: “Kidnapping” is the act of abducting someone and holding them captive, whereas “hijacking” consists of using force to take control of a plane, train, etc.
3. Libel vs. Slander: “Libel” is the act of publishing a false statement about a person, while “slander” is the act of making a false spoken statement to damage
Read MoreCommercial Law: History and Sources
Topic 1: Introduction to Commercial Law
Commercial Law is substantially a product of history. No Commercial Law existed in Rome because of the dynamism of ius civile and praetor activity. The birth of Commercial Law started in the Middle Ages with the following social and political situation: the advent of merchants, the growth of trade by sea, the rise of towns and fairs, and the progressive weakening of the agricultural and feudal economy. Its concept was based on the personal condition of the
Read MoreMedical Malpractice Case: Enema Error Analysis
I. Relevant Facts: Legal and Criminal Aspects
Two behaviors are relevant in determining potential criminal liability for injuries sustained by a patient. First, the accidental administration of a substance via enema by an assistant, supervised by a midwife, where the substance was mistakenly introduced instead of alcohol. Second, the failure to report the error and the subsequent injuries to the appropriate personnel. Therefore, we must consider whether this conduct constitutes a crime of reckless
Read MoreUnderstanding the Concept and Theory of Society
Understanding the Concept of Society
From a broader perspective, society may be defined as a voluntary legal relationship in which two or more persons are obliged to pool money, property, or industry to perform a common activity. The common goal pursued by the society may or may not have a profit. Although its legal nature has been intensely debated, the doctrine falls to mainstream society as a special contract, noted to be characterized as a contract of organization, as its basic purpose is to
Read MoreUnderstanding Case Law: Role, Appeals, and Judicial Independence
Understanding Case Law and its Role in the Legal System
Case law plays a crucial role in complementing the legal system. It embodies the doctrine that law derives from the decisions of judges. The Constitutional Court (CC) refers to the Supreme Court (TS), which acts as the court of last resort. The Supreme Court’s decisions provide closure in the application of the law, though the CC makes no mention of the lower courts.
The CC has established superior courts of the Autonomous Communities (CCAA),
Reiman’s Pyrrhic Defeat Theory and Criminal Justice System Failures
Reiman’s Pyrrhic Defeat Theory
The theory argues that the failure of the criminal justice system yields such benefits to those in positions of power that it amounts to a victory. Enormous amounts of money and resources allocated to the criminal justice system constitute a “failed” policy in that it diverts funds and attention away from the real sources of crime.
It suggests that the criminal justice system’s intentions are the very opposite of common expectations; it functions the way it does
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