Understanding Legal Concepts: A Comprehensive Guide
- – What do you mean by: the conflict of interests and LIDE.
A: A Conflict of Interest occurs when a person claiming a property for themselves cannot obtain it, either because the one who could satisfy the claim is not being claimed, or because the law itself prohibits the satisfaction of the claim. Lide deals with a qualified claim resisted by a conflict of interest.
- – Man has a vocation, it is natural to live in groups, associated with others of the same species. Living in a society is a natural need of man. What do you mean by need?
A: Need is not essentially juridical in nature. It is a situation of dependence. It is a dependent relationship of man to some element.
- – Lecture on autotutela, autocomposicao and arbitration.
A: Autotutela is the defense of rights through the use of various instruments, such as brute force and means of war, being used only in self-defense. Autocomposição includes: a) Withdrawal – renouncing the pretension. b) Submission – renouncing the resistance of the claim. c) Transaction – mutual concessions.
The arbitration award is rendered by the arbitrator and does not need to be approved by the judiciary. It is an enforceable court sentence appeal. The referee is impartial. Act 9307. The referee can be anyone who is a third party to decide matters which may be taken to arbitration, including available property rights.
- – Differentiate Conciliation and Mediation.
A: Conciliation is concerned with the outcome, while the mediator seeks to find an optimal solution for an agreement between the disputing parties. Mediation, in contrast to dispute resolution, works to resolve the conflict – both are means of conflict resolution.
- – Conceptualize Jurisdiction.
A: Jurisdiction is the power that the state has to apply the law relevant to the case brought to it in search of a solution. The state tends to jurisdiction. The process is the instrument of jurisdiction.
- – Lecture on the rule of “nulla poena sine judicio.”
A: “Nulla poena sine judicio” means there is no punishment without due process. If there is a penalty without an appropriate legal process, the penalty shall be void.
- – What is the scope of the process?
A: The scope of the process is a procedural technique in which the dispute is resolved.
- – How does the State ensure access to justice?
A: The state guarantees access to justice to those with financial difficulties through the public defender who represents the person throughout the process, until they find a resolution.
- – In carrying out its functions, the state regulates interpersonal relations through two distinct orders, but closely linked, what are they? Comment.
A: They are the law and jurisdiction. Laws are established standards that should govern various situations. Jurisdiction is where the state puts into practice the rules for resolving conflicts.
- – Give a dissertation on the theory of unitary and dualist legal system.
A: The unitary theory, led by Carnelutti, argues that objective law is unable to discipline any conflicts of interest and often requires the process. The dualist theory states that the state is not the only source of law. What comes from the state is only a special category of Law: The positive law. But there are also the principles of natural law, the rules of customary law, and the rules that have signed the collective consciousness, which tend to acquire positive and that the omissions, the state must accept the jurisdiction to give
- – Conceptualize procedural law.
A: Procedural law is the complex set of rules and principles governing the exercise of jurisdiction by the state – court.
- – Differentiate process and procedure.
A: Process is an instrument for social peace. Procedure is the means by which it promotes through procedural instrumentation.
13- What is the principle of impartiality of the judge?
A: To ensure the impartiality of the judge, procedural processes are distributed.
14 – Give a dissertation on the principle of action.
A: This principle indicates the assignment of leading the state judge. This principle invokes the state courts, or even the authority of the state, to interfere with the rite to resolve a procedural dispute.
15 – What do you understand about standard stuff?
A: Standards are the material laws, such as the Civil Code, Criminal Code, CLT, etc., which provide for our rights.
- – Differentiate subpoena and notification.
R: A Subpoena is the act by which science gives someone the establishment of a process. Notification is the act by which someone gives science of the proceedings, containing also eventually a command to do or stop doing something. Notification is not used to describe the act of process, only reporting.
- – Is it possible for a cause to be tried by a court created after the fact? Explain.
A: No, because every time a question starts, or if using comes with an attempt to resolve a dispute, either in the district for which she has to give continuity in the same county, until the whole process proceeds, must be deliberate, and that ended after only be judged in transit, a new organ only hear cases that have been distributed to it after its opening.
- – Differentiate: initial petition, denounces, and criminal complaint.
A: Initial Application is a procedural document that establishes the legal process leading to the Judge-state the facts constituting the law. Denouncement is the act by which a public prosecution begins. Criminal complaint is the application of private criminal prosecution and private subsidiary
- – Define jurisprudence and overviews, indicating if they have any practical relevance.
A: Jurisprudence refers to the decisions of courts on the same subject, forming a common understanding. An Abridgement is an entry that records the peaceful interpretation adopted by a majority or the Court regarding a specific theme, with the dual purpose of making the public case for society and promoting uniformity among the decisions. These practices are highly relevant, as many judicial decisions are based on case law, and many judges use them as a model.
- – Is there binding precedent under Brazilian law? Explain.
A: From the Constitutional Amendment No. 45, December 8, 2004, Brazil now provides the possibility of adopting so-called binding precedent, since the approval of two-thirds of the members of the Supreme Court, after repeated decisions on constitutional matters.