For abbreviations of legal journal titles, see also the list of legal journals indexed by the Encyclopedia of Law (which may contain several articles related to pension repatriation decisions) (choose the letter with which the title of the legal journal begins). See Index of legal abbreviations used in Australia Translation: Your private diaries may contain evidence in the case, and opposing parties have the legal right to copy and review it when submitting a request for submission of documents. Today`s #LEGAL term is: #Discovery Have you heard this term on a TV show? t.co/oklfYHj5th . #lawyer#TheMoreYouKnowpic.twitter.com/9S5RpcHrca The definition of « discovery » in law is the exchange of legal information and facts known to a case. Think of discovery as obtaining and disclosing the evidence and position of each party to a case so that all parties involved can decide what their best options are – going to court or negotiating an early resolution. RESPONSE: When a complaint is submitted to a defendant in litigation, the « response » is the written response that relates to each allegation and admits or denies the errors. Parties to a case must participate in the investigation process, which means that they must hand over information and evidence about a claim so that all parties involved can know what awaits them in the trial. WRITTEN DISCOVERY Under the umbrella of « written discovery, » we find, « We are in discovery right now, I hope we get what we need with this statement. » RPBA – CPPR – CPSR – CVPP – RPCX – RPDA – DPRD – RPDE – LDPR – PDP Translation: The investigative process is ongoing and we try to get all the evidence we need when we sit in person and question the defendant under oath. For these reasons, it is very rare during a trial for a lawyer to present surprising evidence, as many television characters seem to do with regularity. There is no answer to this question like « MISCELLANEOUS, SPORTS, GOVERNMENT » all categories for anything that does not fit into another category. It can represent anything from « leftover » items to hard-to-classify items.

Testing can be time-consuming, wasteful of energy and money. Discovery encourages the parties to choose a settlement and end the dispute before trial or before the end of the process. Like showing your cards to your opponent in a poker game, discovery reveals the strengths and weaknesses of each game`s hands. Now that they know the evidence, either party can continue the process or fold their hands depending on what has been revealed. DISCOVERABLE: This is potential evidence – notes, diaries, photos, videos, etc. – these « findable » elements must be made available to the opposing parties in the dispute. « They have to pass this log during the discovery if they emit RPD. » A testimony is an opportunity for a lawyer to ask for whatever is necessary to gather, clarify and « discover » evidence and facts. Knowing the facts, the parties can then decide what to do with the claim.

A similar argument in legal reasoning is an argument that a case should be treated in a certain way because a similar case has been treated that way. Similar arguments complement precedent arguments in two ways: (i) they are used when the facts of a case do not correspond to a precedent to equate the result with that of the analogous case; and (ii) they are used when the facts of a case enter the report of a precedent to distinguish the present case from the previous one. The power of an argument drawn from the analogy is different from that of a precedent. An indistinguishable precedent must be followed, unless the court has the power to overturn the previous decision and does so. On the other hand, analogy arguments differ in their strengths: from very « close » analogies (which strongly support an outcome) to more « distant » analogies (which weakly support an outcome). Analogies are not binding: they must be considered together with other reasons to arrive at a result. The fact that an analogy is rejected in one case does not prevent the analogy from being repeated in another. The consistency argument refers to arguments in favour of « formal » justice, i.e. that two cases that are (on the relevant points) identical should be treated equally.

It would simply be inconsistent to treat them differently. In the case of precedent, this argument is intended to argue in favour of continuing the earlier case: assuming that the previous decision cannot be changed (because it is too late to appeal, or the party reasonably relied on it, etc.), the only way to ensure consistency is for subsequent decision-makers to treat the earlier decision as a precedent. The claim for consistency is also sometimes framed in terms of « equality »: treating the latter case differently from the first would mean not treating the parties before the court unequally. This argument is presented independently of other concerns, such as the expectations of the parties or the community`s perception of the legal process, or the problem of moral disagreement. Arguments of this kind can certainly carry weight. If a legal system is morally legitimate and has authority over its subjects, it is contradictory whether one person is treated less or more favorably by the law than another person whose situation is legally indistinguishable. If other things are the same, legal decisions should be consistent over time and/or decision-makers. A subsequent case should only be treated differently from a previous case if the law itself has been changed (by the legislature or the courts, including cases where the court annuls an earlier decision in order to rule on the case pending before it). instead of addressing each issue anew when it resurfaces. In a legal argument, an analogy can be used if there is no precedent (prior case law close to the facts and legal principles). Analogous reasoning consists in referring to a case which concerns an unrelated subject matter but which is subject to the same general principles and applying those principles to the present case. Formally, the practice of differentiation can be reconciled with the idea that rationes are rules by arguing that subsequent courts have the power to modify the rule in the earlier case.

An analogy can be drawn with the power to set aside previous decisions: just as judges can set aside previous cases, they can also amend a previous law, thereby complying with Parliament`s power to repeal or amend the law. However, the analogy is very flawed. There are two difficulties: (a) ordinary lawyers do not conceptualize excessive voting and distinction in this parallel way, and (b) the reasons for a power with this particular scope are unclear. One question that may be raised with respect to precedent is why it is justified for court decisions to be dealt with in this way in the first place, that is, to help make the law. However, there is a more specific question. At least at common law, the doctrine of stare decisis requires subsequent courts to follow previous decisions, even if they were wrongly decided. To say that a case has been « ill-decided » means that, given the law, the legally admissible grounds relevant to the case do not support the court`s conclusion. It should be emphasized that such a conclusion depends on the context provided by the existing legal doctrine. Consider the question of whether parents should be able to cover the cost of raising a healthy child if it is born as a result of negligent sterilization by a parent.

In some jurisdictions, these costs are recoverable, in others they are not. Here, it is quite possible that these contradictory decisions are both correct, in the sense that each is correct in its own doctrinal context. The question of whether a decision is erroneous is therefore not a question of how the case is to be decided without reference to the law, but whether it contradicts the merits of the legally relevant reasons. Arguments drawn from precedents and analogies are characteristic of legal argumentation. Legal reasoning differs in many ways from the type of reasoning that individuals use in their daily lives. Arguments are often used that individuals do not use or that individuals use in different ways. The precedents are a good example. In individual reasoning, we generally don`t take the fact that we`ve chosen a path in the past as an assumption that we should make the same choice in the future. Of course, there may be special circumstances that have this effect – someone may have relied on what we have done before, or their expectations have been raised that we would do it again – but without these special considerations, we do not consider ourselves committed to making the same decision in the future. We are always free to reconsider a decision and change our mind when we no longer believe our original judgment was correct. There are a number of precedent-setting critics who argue that it does not fit very well with legal practice (see, for example, Moore 1987, 185-7). Two aspects stand out: (i) the form in which judgments are presented, and (ii) the practice of discernment.

(1) it contradicts general legal practice, which usually identifies the relationship with the decision of the jurisprudential tribunal (see Simpson 1961, 168-9; MacCormick 1978, 82–3, 1987, 157–8; Raz, 1979, p. 184; Eisenberg 1988, 51-61)[9]; The use of analogies in law therefore serves to compensate for some of the vagueness resulting from the fragmentation of documents and the pluralism of decision-makers. The fact that there is a narrow analogy usually provides a good reason to decide the case in the same way, as it makes the law more reproducible than it otherwise would and allows lawyers to more accurately predict how a situation will be handled by the law. Of course, this is only a relative value: analogies can be overridden by other considerations if there is a good basis for distinction or if their merits are too weak. Similar thinking helps to make the outcome of cases more predictable by giving weight to existing legal decisions and doctrines.

To change custody of children in South Carolina, the material circumstances must have materially changed since the last court order, and the change must be in the best interests of the child. It is a heavy burden that needs to be managed. The party requesting a change of custody must explain how the abandoned child poses a risk to his or her health and well-being. Of course, if you have already been the subject of a custody order, there may be conditions that address the issue. You should also contact the child directly to determine their well-being when they are home alone. Custody and access orders are very specific. There is no situation like yours, so your situation must be assessed personally. Leaving a child alone can be a reason for changing the guard. « What if I want to buy groceries and leave my 3- and 4-year-olds at home because I think they play well together? » Senator Katrina Shealy asked the question during a subcommittee hearing on the bill last month. « I think there`s an age when kids shouldn`t be left alone. » If your child has been injured after being left alone in SC at home, this can result in criminal charges of child abuse and neglect, and the DSS will likely intervene. Depending on the facts of your case, you may have valid defences or you may be entitled to an alternative that keeps your records clean, such as a pre-trial diversion program. Some states have explicit laws that say the young person is too young to leave a child at home.

This is not the case in South Carolina. However, there are non-binding and unofficial state guidelines that set the minimum age at 8 years. This is a good rule of thumb for all parents in Greenville, SC. How old is he to be left home alone? And when can leaving a child alone engage SC`s criminal liability? For example, a parent leaves a 12-year-old at home for an hour to go to the store. This could be considered acceptable and not a reason to change custody of children. Article 63-15-240 of the S.C. Code allows the court to consider several factors when deciding on the best interests of the child. Factors that may be related to leaving the child alone include: Every family is different, and for many parents it is convenient to leave a child alone at home.

Other children should not be left home alone until they are much older. It is best to discuss these issues with a duty lawyer in Greenville, SC before making a decision. Greenville Family Law lawyers can help. Make an appointment with us today about any custody case you face. Leaving a child alone can affect custody. It just depends on what exactly happened, what other circumstances exist, and how the circumstances affect the child`s well-being. At a minimum, your child should be able to do the following before being left home alone: Most people think of active violence when they think of child abuse and criminal neglect. It is illegal to physically or emotionally harm a child through sexual exploitation, excessive corporal punishment or other physical abuse. But adults can also be held criminally liable for any harm caused to an injured child after being abandoned, left alone inappropriately, or neglected.

Only a handful of states have laws mandating the age at which a child can be left home alone, and the differences between these laws underscore the lack of consensus. The best way to learn about your options is to talk to our detention lawyers. We would be happy to advise you in detail and inform you openly about your case. Contact us today. When drafting custody and access orders, South Carolina law allows the court to impose all conditions necessary for the child`s safety. The court can deal with a child who is left alone in several ways. First, they can order the parent not to leave the child alone. They may allow the parent to make alternative arrangements during parental leave. While Cash said the American Academy of Pediatrics has a « soft recommendation » that a child should be 11 or 12 years old before being left home alone, she pointed out that « setting a minimum age is problematic. » Whether a child should be left alone depends on the circumstances. According to Article 63-5-70 of the Code of the Republic of China, any person who has custody of a child may be guilty of a 10-year offense if he or she exposes the child to an unreasonable risk of harm or intentional abandonment of the child.

One concept that all states agree with is that children should be a certain age before they are left home alone. The age of the child depends only on the respective region and its norms. According to Dr. Greenhouse, a child under the age of nine should not be left home alone, even for short periods of time. At the age of about 10 years, a responsible child can be left for 30 minutes, but not more than an hour. During this time, the child should be able to stay in touch with a parent. A child who stays home alone can certainly be a challenge for any custody matter. They will want to approach the issue in the light of what might happen in court. By working with your duty attorney in Greenville, SC, you can make an intelligent decision about what is best for your child.

In Kentucky, a pregnant woman was arrested after leaving three children alone at home for less than two hours. Instead of including age limits in the bill, the subcommittee approved an amendment stipulating that children can stay home alone as long as their parents or guardians return home on the same day, make arrangements to be contacted, and prepare for « reasonably foreseeable emergencies. » « The decision to leave your child home alone, even for a short time, should be based on common sense. Dr. Greenhouse suggests parents role-play with their child and ask questions about how they would handle situations that might arise. » Yet we seem to live in this fear, which is driven in large part by what we see on television, on the Internet. Many parents wonder how old their children should be before they can leave them home alone. The issue may be particularly important for parents going through custody proceedings. A common complaint among many parents is that the other person irresponsibly leaves a small child alone at home. In the worst case, a child can be injured if left home alone, fueling the charge of neglect. This is a guide on how courts in Greenville, SC might view this issue. You can help prepare your child for being left alone by making a list of questions and making sure they have appropriate answers.

There are certain categories of products for which exaggerated claims are often made. In the case of skin creams, cosmetics, perfumes, deodorants, toothpaste, mouthwashes, etc., for example, advertisers claim (or indirectly suggest) that their products make the consumer more physically attractive, especially to the opposite sex. The problem is that some consumers may not be demanding enough to tell the difference between an innocent puff and a claim of efficacy. For example, teens are known to spray themselves with Unilever`s Axe deodorant products in the hope that they will attract women as effectively as suggested in Axe`s notoriously provocative ad. Many advertisements for such products are so close to misleading calls that they can attract the attention of the FTC. As a result, advertisers have learned to pay attention to the exact wording of their claims. For example, advertising for skin cream may legitimately suggest that the user`s skin « looks and feels better » after using the product, but it must not contain text that guarantees that wrinkles disappear. The announcement came just nine days after President Trump signed an executive order to temporarily close U.S. borders to refugees. It showed a montage of people of different nationalities with the words: « We believe that no matter who you are, where you come from, who you love or who you adore, we all belong. The more you accept, the more beautiful the world is.

The FTC can tell you if it has ever taken formal action against a particular company or similar types of advertising or products (for example, has filed or settled a lawsuit). But the FTC cannot reveal whether an investigation is underway. To find out if a company or product has recently been the subject of an FTC action, search the FTC website (www.ftc.gov). The other legal standard for ads is reliable evidence that supports any claim made by ads. Not all ads need proof. However, if a garbage bag company boasts that its bags are 50% larger than the main competition, the garbage bag company must have real evidence to support such a claim. According to the Federal Trade Commission, the exact standard of proof required varies depending on the claim. At the very least, an advertiser must be able to provide the level of proof they claim. Using the previous example, the garbage bag company needs to identify the main competition and prove that its bags are actually 50% larger. Whether you advertise on television or radio, in print, direct mail or online, the law is the same: warnings and disclosures must be « clear and visible. » Dot Com Disclosures provides special advice to online advertisers regarding network-specific topics such as banner ads, pop-ups, scrolling, hyperlinks, and more. However, consent is another ethical issue in marketing. The concept of marketing has been around since the dawn of time, but recently it has become a highly controversial area where legal and ethical issues in marketing are dubious and ill-defined.

The FTC deals with most issues related to claims in the advertising of over-the-counter drugs. The Food and Drug Administration (FDA) handles most issues related to the labeling of over-the-counter drugs. As with any other product, claims for over-the-counter drugs must be truthful and not misleading. Given the health and safety concerns that may arise when marketing these products, advertisers should exercise caution when substantiating their claims. According to the claim, advertisers may be asked to support their claims with competent and reliable scientific evidence, including tests, studies or other objective data. For more information about labeling over-the-counter drugs, visit the FDA`s website at www.fda.gov or call the FDA`s investigation line, 1-888-FDA-INFO. The FTC works on behalf of the consumer to prevent fraudulent, deceptive, and unfair marketing practices in the marketplace and to provide information to help consumers identify, stop, and avoid them. To file a complaint or get free information on consumer issues, visit ftc.gov or call toll-free 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC captures consumer complaints through the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the United States. and abroad. Be aware of the most important legal and ethical issues in marketing and shape your communications to stay within the legal and ethical standards of the industry. Many people think that advertisements for such products contain racist appeals, because they are implicitly based on promoting the superiority of white skin.

Is it ethical to market and promote such a product? Why or why not? First, let`s look at some background information to answer these questions. The FTC defines fraudulent statements as those that are likely to mislead consumers, act reasonably under normal circumstances, and are likely to influence consumers` purchasing decisions. The FTC defines unfair advertising as likely to cause significant and unavoidable harm when using a product, unless the infringement is outweighed by the demonstrable benefit. Sometimes the law sets deadlines in different countries where telemarketing and door-to-door sales are allowed. For example, a salesperson can only approach you between 9 a.m. and 6 p.m. on weekdays and between 9 a.m. and 5 p.m. on Saturdays. In addition, « Don`t Knock » stickers must follow a « Do Not Call » register from marketers. While these safeguards are in place, legal and ethical issues arise because the majority of consumers are unaware of these measures or cannot bother to report minor crimes.

As a result, marketers often get away with illegal and unethical behavior. About the author: Leah Hamilton is a qualified lawyer and author who works at TermsFeed, where companies can use the generator to make legal deals in minutes. Although this activity is not strictly illegal in most countries, there is an ethical problem in marketing that has received a lot of attention and uproar in the media recently. Companies need to take a close look at the true nature of their product lines when deciding to act ethically as advertisers. TV advertising for fast food burgers, for example, is perfectly legal and effective at boosting demand, but 21st century doctors are beginning to find links between fast food and a national obesity epidemic. Pharmaceutical ads with lists of side effects, as another example, are often followed 10 years later by attorneys` ads for corporate undue hardship class actions.