INGLES JURIDICO Flashcards
Tell me 3 difference between
COMMON and CIVIL?
1-CIVIL: the judges role isto establish the factsof the case and to apply the provisions of the code.
1-COMMON: sets precedents; referee between lawyers.
2-CIVIL: only used to determine administrative of constitutional court matters
2-Common- used to rule on future or presents cases
3-Civil- opinión of the jury may not have to be unanimous
3-COMMON: The jury function is to weight evidence presented to them, and take a decision about the case.
tell me the difference between attorney, lawyer and paralegals
attorney: is somebody who has studied law and passed the bar examen so he can apply law in public cour.
Lawyer: is sombody who studied law but he can´t work in public court rooms.
paralegal: is a professional who assist lawers or attorney in legal works, sometimes they are still stuying law school.
LEVELS OF EDUCATION TO BE AN ATTORNEY
College 2 years —Bachelor degree 4 year – JD degree 3 years – LSAT BAR exam.
How are law firms organized in the United States ?
1-Limited partnerships
2-Limited liability partnerships
3-Limited liability companies
4-General partnerships
5-Professional Corporations
6-Sole proprietorships
what is mootness?
A legal doctrine that prevents courts from hearing cases that are no longer relevant or have no practical outcome. (impugnación)
tell me the two types of lawyers in the UK and 3 caracteristics?
Solicitors: provide members of the public “clients” with skilled advice and representation in legal matters.
Barristers: AKA: counsel, when they qualify, they are called to the bar, if they pass the examn, can go to plead, representative of their clients in court.
INNS OF COURT ? 4
- gray inn
2-inner temple
3- Lincolns inn - middle temple
WHAT IS CIVIL LAW?
is the term used to describe non-criminal law having law to do with private rights and related to Property, commerce, and administrative matters.
for example: Someone whot attacks another person may be charged with criminal assalut and battery, however they exist charges that the other victim may appley like broken glasses, medical bills.
what is a tort?
refers to an action that harms another person of his or her property
Common law and Statute law?
Common law: rules of behaviour accepted by society on the basis of established custom and practices, as evidenced by decisions in the courts.
Statute: written statementsof requirements emanating from
parliament or house of representatives
Elements of a tort
- Possession of certain rights by an innocent party.
- Violation of those rights by the tortfeasor
- Resulting injury that somehow hurts the innocent party
Tort law vs. Criminal Law
1- TORT: committed against a person or property
1-CRIME: commited agains the public good
2- TORT: Considered a civil or provite wrong
2-CRIME: follows criminal trail procedure
Different types of tort against person?
-Assault- Robbery (ASALTO Y ROBO)
-BATTERY (ACOSO solo se utiliza en molested)
example: pulling a chair out form under someone
-FALSE IMPRISONMENT: People have the right to move arounf freely
example: La miss nos retiene en el salon sin razon alguna
- DEFAMATION
- invassion of privacy
what is public deed-
escritura publica
UNINTENTIONAL TORTS
NEGLIGENCES ( MAL PRACTICE of a doctor surgery)
LIABILITY ( Taking responsibility of any kind of act with legal consequences. )
ELEMENTS OF NEGLIGENCE
is when there is a mala practice or a careless in to a another person. por example a doctor does a surgery and doesn’t do it in a profesional way.
what is a contract?
an a agreement between two or moral people that is enforceable by law.
ELEMENTS OF AGREEMENT Of A CONTRACT?
1-Agreement
2-Intention
3-Consideration (What one party gives to another. )
4-Capacity
5-Consent
6-Legality of form (The manner in which the contract is drawn up)
7-Legality of purpose (The contract must not break any laws. )
Terminating a contract:
1-Performance. ( It´s fulfill)
2-Agreement. (mutual)
3-Frustration. (catastrophic event)
4-Breach. (One party to the contract breaks an essential condition)
REMEDIES for BREACH of a contract?
Rescind the contract
damages—- sue por compensation
Specific performances— Court order
BUSINESS ORGANIZATIONS
SALES PROPRIETORSHIP (one per)
PARTNERSHIP (2 OR MORE PARTNERS)
CORPORATIONS (many owners)
HYBRIDS
LIMITED LIABILITY COMPANY
CHARACTERISTIC ASPECTS OF LEGAL LANGUAGE
- TEXTUAL
- LEXICAL
- Graphemic
-Morphosyntatic
what is common law?
body of unwritten laws based on legal precedents rule by the courts
SA VS CORPORATION
SA
- minimum 2 shareholders
- federal legislation
.minum capital: 50,000
corp
- may have 1 shareholder
-local legislation
- minumum capital stock: indefinite
S DE RL vs LLC
S DE RL
- Minimum 2 partners
- Federal legislation
- minimum capital: $3,000
LLC
-May have 1
- Local legislation
- no need of capital stock
- Right to choose its tax regime
what does it need to became a statute?
L1- Bill introduced in house
2- if passed, tramited to the senate, they may pass, reject o amend
3- Senate amendment is considered by house
4-If it passed, must be approved by PRESIDENT
5- if PRESIDENT** vetoes**, need 2-3 vote to override
6- Bill become enforceable
FEDERAL COURTS IN US?
U.S District Courts (Trial Courts)-de distrito
U.S Circuit Courts (tribunal de apelación) circuito de apelación
U.S. Supreme Court (tribunal de última instancia)
State courts
-Superior court- primera instancia
-Supreme court of appeal
(tribunal superior colegiado)
-State super court
Legal Procedure
procedimientos lagales
civil
criminal
injuction (medida cautelar)
Civil Procedure
1- complaint
2- Response
3- Discovery
4- Patria motions and hearings
5-settlement conference - charla de acuerdos
6- Trial
7- Appeal
Criminal Procedure
1- invetigation
2- Response
3- Discovery (demostración de pruebas conocidas)
4- Patria motions and hearings (MASC)
5- Settle Conference (charla de acuerdos)
6-Trial
7- Sentencing
8-Appeal
