Understanding Legal Citations, Stare Decisis, and Court Jurisdictions
Understanding Legal Citations and Court Systems
What is a Citation?
- A legal citation is a standardized method that allows a writer to refer to legal authorities with precision and clarity, enabling others to easily locate the referenced material. It employs abbreviations and specialized terms to efficiently condense numerous references.
Purposes of Using Citations
- Identify the specific document and the relevant section being referenced.
- Provide sufficient information for the reader to locate the document
Understanding Rights: Home Inviolability, Honor, and Privacy
Item 37: Inviolability of the Home, Honor, Privacy, and Self-Image
Inviolability of the Home
Background: This right has traditionally been founded on the freedom of the individual and predates police detention. Nowadays, the basis is not only freedom but also private lives. The holders of this right are both natural persons and legal entities.
Content of the Right: This prohibits entry or registration in a home unless there is:
- Owner’s consent
- Authorization by court order
- Flagrant case of crime
All evidence
Read MoreVoluntary Waiver of Consumer Crime: Requirements and Consequences
Voluntary Waiver of Consumer Crime
The voluntary waiver of consumer crime is generally accepted as a condition where an attempt to withdraw voluntarily from the consummation of the offense occurs due to political reasons and obvious preventive criminal impunity. This impunity is configured as a personal cause of exclusion of the sentence or acquittal excuse, provided they meet the requirements expressly required by Article 16.2: voluntariness of the withdrawal and avoidance of consummation.
Voluntariness
Read MoreCorporations and LLCs: Formation and Features
Corporations (SA – Sociedad AnĂ³nima)
In a corporation, capital is divided into shares. Shareholders are not personally liable for the company’s debts.
Features:
- Limited liability for partners.
- Capital contributions from partners.
- Shares with a nominal value. The sum of the nominal value of all shares represents the total capital.
- It is a legal person with the legal capacity to act and a profit motive.
Formation of a Corporation
There are two ways to form an SA:
1) Simultaneous Foundation
The founding partners
Read MoreUnderstanding the Social and Democratic State of Law
Concept of Social and Democratic State of Law
It is not only the rule of law, or just the welfare state, and democracy only neutral or democracy as a method, but each of these statements conditions and nourishes the other. The concept of rule of law cannot be non-democratic, and democracy cannot work back to the rule of law, nor can they understand the state’s social democracy as opposed. Equality and participation end the separation between rulers and ruled, between state and society, socialize
Read MoreHuman Rights and Law: A Comprehensive Study
- Law: Is what right-minded members of the community believe to be right or fair.
- Jurisprudence encompasses the history of the law, its scope, and relationship with other disciplines and its interpretation.
- Common Law is the law made by judges and it relies on the doctrine of precedent, while Civil Law is made by statutes passed by the Parliament or by subordinate bodies to which parliament has delegated legislative power.
- Human rights have been defined as “inalienable fundamental rights to which a