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.

(c) the plaintiff client has suffered actual harm as a result of the acts or omissions of the defendant lawyer; And there`s a good chance a client will misinterpret something that has been said, especially if legalese was involved, which is why it`s good for lawyers to have documentation that can prove exactly what was said and recommended to their clients at all times. Of course, lawyers are expected to have a working understanding of all relevant areas of law in which they operate and the know-how to properly apply the law. If the lawyer does not properly apply a law, misunderstands it, or does not follow changes in the laws in their jurisdiction, a lawsuit for legal error could be pending. As in any tort2, the decisive element of an action for error of law is the causal link. This presupposes that a plaintiff proves the case in a case. (Mattco Forge, Inc. v. Arthur Young & Company (1998) 52 Cal.App.4th 820.) The purpose of this method is to objectively determine what the underlying procedure should have been. (Hecht, Solberg, Robinson, Goldberg & Bagley LLP v Superior Court (2006) 137 Cal.App.4th 579, 585-586.) Under the case-by-case procedure, the applicant must prove an error of law that he or she would have obtained a more favourable outcome than what was actually achieved if the underlying case3 had been properly addressed. In the absence of such representation, there is no causality.

Legal error claims most often occur when a professional decision or an attorney`s action results in losses for his clients, who then attempt to offset those losses with an error of law suit. To prove a legal error, you must first prove that the lawyer`s error or omission was the type of error that violated his or her professional standard of care. You must then prove that this breach actually caused harm to the client and that the harm suffered by the client was a direct consequence of the lawyer`s actions. This can be difficult, especially if the lawyer was negligent, but arguably didn`t hurt – for example, because the outcome was probably so bad in the first place. A complex analysis of the admissible evidence of the case in the case – the case that counsel handled negligently – is required to establish a successful claim for error of law. It`s also a good idea to refer cases directly to other lawyers if the cases involve an area you don`t know about. While it may seem unwise to dismiss cases, referring to other lawyers allows lawyers to build strong relationships and networks with other lawyers, who then return the favor when they come across a case for which they believe others are better suited. Attorney David M. Helbraun of Helbruan San Francisco focuses on litigation and dispute resolution in the areas of legal errors, civil rights and police misconduct, as well as insurance and tort litigation.

Nevertheless, we do not hesitate to seek justice from negligent doctors and other professionals. Why should we shrink just because the wrongdoer does what we do for a living? We have all chosen to speak for people who cannot speak for themselves, who have suffered losses because of the negligent actions of others. Is there anyone who deserves our help more than someone who has been wronged not once, but twice – first by the underlying adversary, then by the lawyer to whom he has entrusted his case? If an attorney has failed to meet the standards of care set by the California District Court and Bar, they may be held liable for legal errors. In most cases, an error of law occurs when a lawyer fails to make an error in representing a client, resulting in an adverse outcome for that client. This may include not filing a lawsuit or being filed too late. It may also include advice on unnecessary litigation or mismanagement of a case or transaction that the case or transaction will fail when it is more likely that it would have been successful but for the lawyer`s errors or omissions. Prosecuting abuse of rights cases against litigators1 can be a difficult undertaking. We all know the challenges of legal practice. No one is perfect, and pointing the finger at another member of the bar can run the risk of seducing fate and alienating friends and neighbors.

Although lawyers are hired by clients to represent them in legal matters, this does not mean that they have carte blanche when it comes to making decisions. A lawyer must always have the client`s consent before taking legal action. A professional responsibility that all lawyers assume when they agree to take on a case is to invest the time and effort necessary to investigate their clients` legal actions. This step in the legal process is called discovery, a set of legal mechanisms that lawyers use to compile evidence that helps their clients` cases. If a lawyer does not conduct sufficient investigations and uncover facts relevant to a particular case – such as the failure to identify a key witness – they could be held liable for errors of law. Another practical application of the concept of trial within a trial can be found in Mattco Forge, op. cit. Mattco engaged Arthur Young as a damages consultant and potential expert witness in Mattco`s underlying racial discrimination lawsuit against General Electric. It was discovered that Mattco had falsified documents. The court also found that Arthur Young knew the documents were falsified, but relied on them to calculate the damages Mattco claimed. The court awarded $1.4 million in sanctions against Mattco.

The parties eventually settled the dispute. (Id., p. 829.) Iowa and Kansas have decided that proof of innocence is not a separate element of an erroneous legal suit against a defense attorney, but a factor a jury may consider when applying the standard elements of error of law. [9] [10] In at least 11 jurisdictions, a person who has been convicted of a crime and then sues his or her lawyer must first prove that he or she was de facto innocent (in other words, he or she must first seek and obtain exoneration from the court that originally convicted him or her before prosecuting) and that he or she was convicted only of the negligence of his or her lawyer. [6] An applicant who has lost a civil case must prove that the alleged error of law resulted in the loss of the proceeding, so that he or she can then recover from the negligent counsel the harm that the underlying defendant should have owed. [6] To bring an action for error of law against a lawyer, you need to define several key elements. These 4 elements are as follows: In order to prove that a better result should have been achieved at trial, the case must be reheard at trial against errors of law using the same procedures, rules, evidence and instructions that would have been applied in the original application. The underlying claim must be recreated through the court process to resolve issues of causation and harm,4 and whether certain evidence is admissible depends on whether it would have been admissible in the underlying claim. (Kessler v.

Gray (1978) 77 Cal.App.3d 284.) The court must submit the underlying claim to the jury by a special judgment with the same instructions that would have been given in the underlying application. In any type of lawsuit, a plaintiff must make certain factual allegations in a new window (commonly referred to as the person filing the complaint) against a defendant opened in a new window (the party sued) and link those factual allegations to violations of certain laws or rules. These violations may be due to a particular statute or rule or section of the statute, or to the common law in general (sometimes the two overlap). If the plaintiff cannot prove that the defendant committed « lawsuitable » wrong, the court dismisses the claim – either because there is no evidence or because the allegations of evidence do not constitute a violation of the law as interpreted by the court. With respect to the third and fourth elements, you must prove that you would have been successful in the underlying case if the lawyer had not acted negligently or otherwise wrongly. It can be difficult to prove that the outcome of a lawsuit would have been different if your lawyer had acted differently.

Working time outside these hours may give rise to overtime pay or another hourly rate. Subsection 12(4) of the NES (section 62(3) of the Act) sets out what must be considered in determining whether overtime or refusal to work overtime is reasonable. Employees who are on duty for less than 24 hours are considered working, even if they are allowed to sleep or engage in personal activities while not employed.7 If you are under 15 years of age, your employer cannot require you to work: In MacPherson v Coal & Allied Mining Services Pty Ltd (No.2) [2009] FMCA 881, the Federal Magistrates Court ruled that increasing a minor`s working hours from 40 to 44 hours per week was not unreasonable on the facts. Employers are required to keep complete and accurate records of employees` hours of work. These records must be in English, legible, in a form that can be inspected by a fair labour inspector, and not altered unless an error is corrected and kept for seven years. If you are under 16, you are not allowed to work during school hours. For more information on work and school, the Ministry of Education has an online fact sheet. Although the Federal Fair Labor Standards Act (FLSA) requires employers to pay overtime to their non-exempt employees if they work too many hours, it does not set a cap on the number of hours an employee can work in a single day. While a physician cannot revoke their driver`s license themselves, their report of a medical condition can trigger the revocation process. Physicians may be required by law to report certain medical conditions to their state`s Department of Motor Vehicles (DMV).

This can trigger a DMV hearing, which can lead to a license. Once you have completed Grade 10 and are 15 years old, you can work full-time. Justice Kenneth Raphael accepted the evidence presented on behalf of the employer that the new list was accepted by the majority of workers and that a 44-hour list was popular in the mining industry. If you are 10, 11 or 12 years old, you can work between 6 a.m. and 7 p.m. Thirty-eight hours per week for full-time employees, plus reasonable overtime (there is no formal definition of what is considered appropriate, as it depends on the type of work, salary, and the employee`s personal circumstances). Section 62 of the Act provides that an employer may not require an employee to work more than 38 hours per week unless the overtime is reasonable. Employees exempt from bonuses and agreements may agree to calculate their regular hours of work at an average rate over a six-month period (section 64 of the Act), but the hours in a given week cannot be unreasonable. Working hours may vary for full-time, part-time and contract professionals. If you work in the entertainment industry, there are different rules for working hours.

For more information, visit the Business Victoria website. Employees are also entitled to a minimum break of 12 hours between shifts, but it may be agreed between the employer and employee to reduce the break to 10-12 hours. As soon as you reach the 10. or if you have reached the age of 16 (whichever comes first), you can work full-time. You must be in school, in an apprenticeship program, or have a full-time paid job by the time you turn 17, complete Grade 12, or have completed two years of education, employment or training, whichever comes first. If you are employed full-time, you will typically work 38 hours a week. Your employer may ask you to work more than 38 hours per week. If this is the case, you may be entitled to a higher rate of pay (overtime) for these hours as part of a bonus. Sometimes. Under the RSA, non-exempt workers are entitled to an overtime rate if their work schedule places them above a 40-hour week. Once you have completed Grade 10, you can start working full-time. However, if you are under 17 years of age, you must be enrolled in an accredited program of study or have a full-time paid job.

Overtime pay is one and a half (1.5) times the employee`s regular hourly rate. An employer can contact the managing director if they want you to work more than 10 hours a week (e.g. during school holidays). It is illegal for an employer to force you to work during school hours. Section 147 of the Act requires all modern premiums to set standard hours. It`s no surprise that modern rewards require normal 38-hour hours of work for a full-time employee. In most workplaces, employees don`t have to work more than five hours without half an hour for a meal. Many organizations also offer extra breaks during work, such as a morning tea break.

Under California pay and hours of work laws, there is no limit to the number of hours an employee can work in a single workday. They can work the entire 24-hour period if they wish. However, workers who do so are entitled to overtime pay and possibly other benefits. Article 20(1) of the Law provides that, where a paid worker has concluded an agreement with the employer on normal hours of work, the normal hours of work must be agreed. (This is subject to the provisions of section 62 of the Act and section 12 of the NES, which sets the maximum working time of a full-time employee at 38 hours per week plus reasonable overtime.) An employee may refuse to work overtime if it is unreasonable (section 12(3) of the BN and subsection 62(2) of the Act). If you want to reach the 10. You will not be able to work during school hours unless you have permission from your school principal or the New South Wales Department of Education and Training. If an employee is at work for more than 3.5 hours a day, he or she is entitled to a break. A 10-minute rest period is then required every 4 hours.11 An example of an industry that regulates one-day hours of work is the trucking industry. Truckers can only drive up to 11 hours in any 14-hour period.

Once the 14-hour period expires, truckers must take 10 hours off.1 Some industries have regulations that limit an employee`s daily hours of work at work. Employees in these occupations may not work more than the maximum number of hours. These restrictions do not necessarily apply if you work for a family business or a farm. However, your work should not interfere with your education. While it may appear that Australians work more hours than other countries, the average number of hours actually worked has declined in recent years, according to the Australian Bureau of Statistics. Once you have completed compulsory schooling or at the end of the year you reach the age of 17, you can work full-time. A part-time worker is usually someone who works less than 38 hours per week or whatever the « norm » for this type of work. If a modern reward applies, employees who work on Sundays are entitled to a higher rate of pay.

The applicable rate is determined by the Modern Premium or the Enterprise Contract, as required. Like federal law, there is no maximum number of hours a non-exempt worker can work in a day. Unlike federal law, which only provides overtime for hours of work of more than 40 hours per week, California`s overtime law also applies to a working day. It requires overtime pay equal to 1.5 times the employee`s regular rate of pay for hours longer than 8 hours in a single day.9 California workers who work more than 12 hours in a single day are entitled to double time compensation for that overtime.10 30-minute meal breaks are required once an employee works more than 5 hours a day. Employees who work more than 10 hours per day are entitled to a second meal break.12 Working time is the normal working time of an employee without overtime rates. These include the National Employment Standards (NES) set by the Fair Work Act 2009 (the Act) which give all employees, including managers and other professionals, the right to object to unreasonable hours of work. However, there are several exceptions that allow a 14- or 15-year-old to work 8 hours in a single day while school is in session. This can happen if the employee: However, under the RSA, an employee who works a single 24-hour shift does not necessarily earn overtime pay. In some cases, he or she would still be below the 40 hours needed for the week.

It is a well-known but fascinating fact that the use of natural language, as reflected in texts or language, has very strong statistical laws [1-4]. Although the most popular and detailed of these is Zipf`s law of word frequencies [5-9], the most fundamental linguistic statistical law is probably Heaps` law, also known as Herdan`s law [10-13]. This law refers to the two main quantities needed to determine the statistical analysis of a text: the number of wordmarks in the text, i.e. its length (in words), L, and the number of word types, called the vocabulary size of the text, V. Specifically, Heaps` law states that the relationship between V and L is reasonably well approximated by a power law, Font-Clos F, Boleda G, Corral A (2013) A law of scale beyond Zipf`s law and its relation to the law of heaps. New J Phys 15(9):093033 I will demonstrate Heaps` Law by looking at the books of the Bible and then Jane Austen`s novels. I`ll also look at unique words that linguists call « hapax legomena. » Thus, the supposedly universal values of α and K for the texts mentioned in the introduction (i.e. (alpha =0.5) or (K=1) [18]) clearly do not apply to music, at least at the composer`s level. In any case, it is obvious that the larger the value of L, the larger the vocabulary size (on average), but the increase in V is rather modest α due to the low value of the exponent (in other words, we need a piece 7 times longer to see a doubling of the vocabulary size). The relatively large value of the constant K reported above for composers appears as compensation for the low value of α.

The application of Zipf`s law is evident in most natural language processing and text compression algorithms. In summary, the highest linear correlation among all the metrics that characterize composers is the one that relates relative richness R to entropy (about 0.95, Fig. 5(b)), but R is also strongly correlated with the Giraud index. The Herdan index is also highly correlated with Giraud and the type/token ratio. The correlations between (langle Frangle ) and the other indices are not so high. Interestingly, the highest correlation of the year that characterizes each composer is with the proposed relative richness R (at a value of 0.90, fig. 5(b)). The correlation of R with logL is of zero design. Replacing Pearson`s linear correlation with Spearman or Kendall correlations does not qualitatively alter this correlation model (not shown).

It is a little surprising that the law of heaps applies well to the books of the Bible, since the books were written over the centuries and in two different languages. On the other hand, the same committee translated all the books into English at the same time. Perhaps Heaps` law applies better to translations than to original texts. To test this, I looked at Jane Austen`s novels on Project Gutenberg. Here is the data: This is very similar to the table of vocabulary size and total word count, suggesting that hapax number also follows a power law such as Heaps` law. This becomes clear when we plot again on a logarithmic scale and see a linear relationship. Manaris B, Purewal T, McCormick C (2002) Progress towards recognition and classifiating beautiful music with computers-midi-encoded music and the Zipf-Mandelbrot law. In: Proceedings IEEE SoutheastCon 2002 (Cat. No. 02CH37283).

IEEE Press, New York, pp. 52-57. Serrà J, Corral Á, Boguñá M, Haro M, Arcos JL (2012) Measuring the development of contemporary Western pop music. Sci Rep 2(1):1–6 Liu L, Wei J, Zhang H, Xin J, Huang J (2013) A statistical physics view of pitch fluctuations in the classical music from bach to chopin: evidence for scaling. PLoS ONE 8(3):58710. Enter your email address below and we`ll send you the reset instructions. Ball P (2010) Der Musikinstinkt. Oxford University Press, Oxford In the English language or any other language, we usually find that certain words are used repeatedly and ranked first in terms of frequency, such as « the », « from », « to », etc. Have you ever wondered why? The frequency distribution is used to determine the statistical relationship between text and word count. Here we will look at it. But before we move on to the law of the heap, let`s look at Zipf`s law.

Baeza-Yates and Ribeiro-Neto, Modern Information Retrieval, ACM Press, 1999. Data supporting the results of this study are available from kunstderfuge.com, but there are restrictions on the availability of these data, which were used under license for this study and are therefore not publicly available. The documented definition of Heaps` Law (also known as Herdan`s Law) states that the number of unique words in a text of n words is approximated by experimenting with different text sizes and the occurrence of single words, and observing the relationship between the two. The authors state that they have no competing interests. The method we use to analyze the key is the Krumhansl-Schmuckler key lookup algorithm [46]. This algorithm is based on the key profiles described in ref. [37], obtained through empirical experiments in which subjects assessed the extent to which each height fit into a prior context that defined a key. The values of the major key profile are 6.35, 2.23, 3.48, 2.33, 4.38, 4.09, 2.52, 5.19, 2.39, 3.66, 2.29 and 2.88, where the first number corresponds to the middle note of the tonic of the tonality, the second to the next of the 12 notes of the chromatic scale, etc.

The values for the secondary key context are 6.33, 2.68, 3.52, 5.38, 2.60, 3.53, 2.54, 4.75, 3.98, 2.69, 3.34, and 3.17 [47]. Torre IG, Luque B, Lacasa L, Kello CT, Hernández-Fernández A (2019) On the physical origin of linguistic laws and lognormality in language. R Soc Open Sci 6(8):191023. Where VR is the part of the vocabulary V (VR⊆V) represented by the text of the instance of size n. K and β are free parameters that are determined empirically. If a piece maintains a constant key, the transposition will not affect the size of its vocabulary, but if different pieces are merged into a single recording (which we will do), it may be convenient to merge them after being transposed into the same key. In this case, if the pieces come in different keys, the transposition obviously leads to a different vocabulary, where we do not deal with pitch classes, but with the tonal function (and therefore the resulting pitch class C represents the tonic, G the dominant, etc. [38, 39]). Transposition can also be useful in revealing a reduced vocabulary where a particular composer could show what shows a great apparent richness resulting from a limited vocabulary transposed into a number of different keys. Mandelbrot B (1961) Zur Theorie der Wortfrequenzen und zu verwandte Markovschen Diskursmodellen.

In: Struktur der Sprache und ihre mathematischen Aspekte, Band 12. Am. Math. Soc., Providence, pp 190-219 Ben-Naim A (2019) Entropy and Information Theory: Uses and Abuse. Entropy 21(12):1170. The k parameter is highly variable and reduces the growth rate of vocabulary when stemming or lemmatization is used, while the inclusion of numbers and spelling mistakes can increase it. Heaps` Law suggests that (i) vocabulary size continues to grow with more items in the collection, but the growth rate slows down and (ii) vocabulary size for large collections is quite large. Heaps` law allows us to develop an appropriate measure of vocabulary for each composer in relation to the rest of the corpus. Remarkably, we find that vocabulary in music history is subject to a significant upward trend, as one would expect from qualitative musical wisdom. Our approach allows a transparent quantification of this phenomenon.

We also show that our relative richness is strongly correlated with the entropy of the frequency distribution of code words, so entropy can also be used to measure vocabulary richness once properly calibrated. Our metric has several advantages over previous wealth indices, such as: compared to the richness of other composers and better interpretability of values. At our level of dissolution (that of individual composers), the development of wealth does not show revolutions or sudden leaps; Instead, it seems to be quite gradual and well-adjusted by a linear increase. (The variability is too high to achieve meaningful results beyond the linear upward trend.) We conduct our study of the Kunstderfuge corpus [40], which at the time of our analysis consisted of 17,418 MIDI files corresponding to works by 79 classical composers from the 12th to the 20th century (ref.