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. )
