Judge's Role in Qualifying Facts and Legal Foundations
Case comment - 3 pages - Civil law
The Court of Cassation's plenary assembly clarifies the judge's obligation to give exact qualification to facts and acts invoked by parties, while not being obliged to change the denomination or legal foundation of their requests.
Penal Liability of Legal Persons: Conditions and Implications
Case comment - 3 pages - Criminal law
The summarized document is a legal analysis of the penal liability of legal persons in France, specifically focusing on the conditions under which a legal person's liability can be incurred due to the fault of its organ or representative. This analysis is based on a Court...
Penal Protection of the Embryo: Legal Status and Future Directions in French Law
Essay - 5 pages - Criminal law
"Discover the evolving landscape of embryo protection in French penal law. Learn how current legislation balances the need to safeguard embryonic life with the complexities of legal personality, and explore the debates surrounding enhanced protection and its implications for reproductive...
Determination of the Legal Nature of a Public Service: A Jurisprudential Analysis
Case comment - 4 pages - Administrative law
This document provides an in-depth analysis of the jurisprudential criteria for determining the legal nature of a public service, including the role of public authority prerogatives, remuneration, and the public law legal regime. The analysis is based on a case study and explores...
Distinguishing Fraud from Abuse of Trust: Legal Differences and Sanctions Explained
Essay - 4 pages - Criminal law
Unlock the nuances between fraud and abuse of trust, two offenses that undermine the cornerstone of legal relationships: trust. While both infractions cause prejudice to victims, they differ in their constitutive elements and sanctions. Fraud attacks informed consent through deception,...
Gender Equality in the Workplace: Persistent Challenges and Legal Framework Limitations
Summary report - 3 pages - Labor law
"Unlock the path to true gender equality in the workplace. Discover how persistent cultural and institutional barriers, discriminatory practices, and outdated stereotypes continue to hinder women's career advancement. Learn about the legal framework and initiatives aimed at promoting...
Civil Servant Definition and Legal Status
Study guide - 3 pages - Administrative law
Understand the concept of a civil servant and their legal status, including rights and obligations under private law and administrative law.
Principle of Legality in Criminal Law: Balancing Freedom and Social Order
Essay - 4 pages - Criminal law
"Discover the cornerstone of criminal law: the principle of legality. This fundamental concept ensures a balance between individual freedom and public order, prohibiting arbitrariness and safeguarding citizens' rights. Defined by Article 6 of the Declaration of the Rights of Man and of the...
EU Judicial System and Legal Remedies
Course material - 8 pages - European law
The EU judicial system, comprising the Court of Justice and the General Court, ensures the uniform application of EU law. Legal remedies include annulment appeals, illegality exceptions, and actions for damages.
Council of State Upholds Strict Legal Framework for Administrative Dissolution
Course material - 14 pages - Public liberties
The Council of State reaffirms the strict legal framework governing administrative dissolution, a measure that infringes on the freedom of association, a constitutional principle.
Comparative Advertising in Restaurant Industry: Legal Implications
Tutorials/exercises - 1 pages - Competition law
Discover the legal and financial implications of comparative advertising in the restaurant industry through real-life judicial cases and court decisions.
Legal English
Course material - 19 pages - Law's history and philosophy
This course worksheet focuses on how has the SCOTUS come to play such a major role in policy-making? What issues does this raise? In order to answer those questions, we will study: - How and why SCOTUS acquired the power of judicial review. - The consequences of the power of judicial review on...
British legal system
Course material - 7 pages - Civil law
Law evolved from Roman law and Canon Law (the legal system created by the church), creating both singular and common law, then Napoleon used them to create his code civil in 1804. He was also inspired by local law. The Code civil is already the biggest achievement for French legislation,...
Comparative Rights and Legal Systems
Case study - 6 pages - Constitutional law
Numerous arguments concerning the right to bear arms have always been a topic of significant concern, especially in countries such as the United States and Mexico, where it bears clear cultural and legal value. According to Charles (2022), though the two countries have the citizenship...
Legal Capacity and Theoretical Concepts Over Companies
Course material - 4 pages - Business law
How to finance a company: the traditional way in SRL or SPA is subscribing to the capital. You could do shareholding loans, loans made by shareholders, these loans do not enter into the capital but enter their liability and assets in cash, without interest (could be) and not proportional to the...
Legal Liabilities and Workplace Culture
Law case study - 3 pages - Business law
The business law aspects as they relate to workplace environments and allegations of harassment and sexual assault show a complex legal terrain that must be approached with great care. Cases of harassment and sexual assault in the workplace often involve complex legal...
Criminal Law in an Islamic Legal Society
Essay - 5 pages - Criminal law
The Shari'a does not focus as much on criminal law as it does on family law, but a small part is dedicated to crimes and sanctions, and despite not being strictly applied, those principles still have a normative force among different modern Muslim states' legal systems. Islamic...
How does the French legal system differ from the common law system with reference to the powers of judges and the functioning of the courts?
Essay - 3 pages - Constitutional law
Judicial systems differ from country to country. Two common legal systems are civil law and common law. Often the choice to use one system over another is based on the history of the country or region in question. For example, France uses the civil law and England uses the common law. The...
Legal practices for small businesses - IP protection strategy
Course material - 2 pages - Internet and digital law
IP protection strategy is deep-rooted action that requires extensive planning, and establishing ongoing follow-up systems. Ongoing audits of intellectual property assets, being ahead of updates in legal changes, and active enforcement should be done to access the maximum value of IP...
President Obama Did Not Have Legal Authority to Order Operation Geronimo
Case study - 2 pages - Political science
President Obama, by order of May 2, 2011, started the secret military operation Geronimo; it was the end of Osama bin Laden in Abbottabad, Pakistan. Indeed, the departure of the founder and the leader of al-Qaeda was an undoubted triumph in the War on Terrorism; however, grave legal...
Legal Proceedings in Common Law Jurisdictions and Civil Law Jurisdictions
Thesis - 4 pages - Civil law
Common law and civil law jurisdictions are often regarded as antagonist interpretation of the rule of law in modern societies. Indeed, both constitute the dominant views of law in general, as they are "often made the basis of comparative law studies". The bipolarisation of the legal...
The Jurisdictional Requirement of the Existence of a Legal Dispute
Essay - 2 pages - International law
In its 1974 judgment, the International Court of Justice (ICJ) resolved solely to admit a case before its framework on the very basis of the genuine existence of a dispute. This provision is not unique to the ICJ: the article 25(1) of the International Centre for Settlement of Investment Disputes...
Legal English - published: 26/09/2023
Course material - 13 pages - Other law subjects
This document contains a Legal English course. Many legal aspects are seen using the right English vocabulary. The English legal system is taken into consideration.
Common Law and Origins of the English Legal System
Presentation - 17 pages - Constitutional law
What is common law? Why is it important to have a knowledge of the principles of common law? How did it develop?
History of the Common Law System on the English Legal System
Essay - 11 pages - International law
As a direct result of the colonization by the British, many of its states naturally acquired this common law system, being the English law in globo, maintaining its primary principles, procedures, actors and modes of proof. As a consequence of this adoption and utilization of English law, and the...
The American Legal system versus the English Legal System
Tutorials/exercises - 3 pages - Other law subjects
When we talk about the American legal system, it should be understood as the legal system that applies in the United States of American (US), whereas the English legal system is the one that takes place in the United Kingdom (UK) : England, Wales, Scotland and Northern...
The precautionary principle and its consequences upon the community legal order: gmos and bse
Essay - 28 pages - European law
Concentrating on the expression itself it is clear that the word "principle? implies a peculiar importance given to the "precaution?. It is to say that the principle of precaution is a principle of law, even if it is not clear how and where this scope has been given: some would say in Treaties,...
Legal Philosophy - Value judgments and how judges decide cases - Mapodile v Minister of Correctional Services 2016 (2) SACR 413 (GJ)
Law case study - 5 pages - Civil law
This case concerned the rights of gay prisoners and their treatment in prison. The applicant was a gay prisoner who brought an application to the court seeking the court's assistance in establishing the rights of gay and lesbian men and women to be confined in cells with people of similar...
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Course material - 13 pages - Law's history and philosophy
Unlock the intricacies of Roman law and its procedural evolution, from the classical era's formula-based system to the total statization of justice in the late empire. Discover how the Roman legal system transformed over centuries, shaping the foundation of modern jurisprudence....
"Toward Neutral Principles of Constitutional Law" by Herbert Wechsler and the Brown v. the Board of Education Legal Decision
Essay - 2 pages - Constitutional law
In "Toward Neutral Principles of Constitutional Law", Herbert Wechsler brings up difficult issues that are eternally present in cases that make their way up to the Supreme Court. While we often deny these issues and simply assume that the court is making a decision that is "Constitutional" and...
