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.

In law, a legal person is any person or « thing » (less ambiguously any legal entity)[1][2] that can do the things that an ordinary person can normally do in law – such as entering into contracts, suing and being sued, owning property, etc. [3] [4] [5] The reason for the term « legal person » is that some legal persons are not persons: corporations and corporations are legally « persons » (they can legally do most of the things an ordinary person can do), but they are clearly not people in the ordinary sense. A natural person (a human being) has rights and obligations. In the Netherlands, anyone can enter into contracts, own property, marry, inherit, have debts or draw up a will. And earn money by working. Would you like to start a business in person? For example, as a hairdresser, photographer or accountant. Then choose a legal form without legal personality. A sole proprietorship belongs to a natural person. There is no separation between private and commercial assets. A commercial company (vof) or a public partnership (maatschap) is also composed of natural persons.

In a sole proprietorship or partnership, the owners are personally liable for actions, debts and damages. There are therefore two types of legal entities: human and non-human. In law, a human person is called a natural person (sometimes also a natural person), and a non-human person is called a legal person (sometimes also as a legal, legal, artificial, legal or fictitious person, Latin: persona ficta). A typical example of the concept of a legal person in a civil jurisdiction according to the General Principles of Civil Law of the People`s Republic of China, Chapter III, Article 36: « A legal person is an organization that has the capacity to respect civil rights and civil conduct and that independently enjoys civil rights and assumes civil law obligations in accordance with the law. » [20] Note, however, that the term civil rights means something very different in civil law systems than in common law systems. A` opens a company, but A`don has not registered its company in accordance with the law. This company has no legal personality. In some common law jurisdictions, a distinction is made between a corporation (e.g., a corporation with a certain number of members) and a corporation, which is a public office with separate legal personality from the person exercising the function (both entities have separate legal personality). Historically, most bodies have been exclusively ecclesiastical in nature (for example, the office of Archbishop of Canterbury is a single body), but a number of other public functions are now formed as single bodies. Therefore, personality is a broader concept in law. It is different from humanity. Humanity refers to being born as a human being.

On the other hand, personality is a concept in which an entity enjoys rights and obligations with respect to its existence. Legal personality is the capacity to enjoy rights and to be bound by the duties of a legal entity. Any legal person that can enter into a legal obligation and be sued A legal or legal person (Latin: persona ficta; also a legal person) has a legal name and has certain legal rights, protections, privileges, responsibilities and obligations, similar to those of a natural person. The concept of a legal person is a fundamental legal fiction. It is relevant to the philosophy of law because it is essential for laws affecting a company (company law). TLD example: One of the advantages of running a business as a company is the protection it offers to its owners, as the law recognizes its legal personality, so lawsuits are brought against it as a legal entity. Having legal personality means being able to have legal rights and obligations in a particular jurisdiction, such as: Entering into contracts, pursuing and being sued. Legal personality is a prerequisite for legal capacity, for the ability of any legal person to modify (conclude, transfer, etc.) its rights and obligations. Since legal personality is a prerequisite for legal capacity (the ability of any legal person to modify (conclude, transfer, etc.) its rights and obligations), it is a prerequisite for an international organization to sign international treaties on its own behalf. Subsequent comments interpreted these comments before oral argument as part of the legal decision. [26] Accordingly, under the First Amendment, Congress cannot enact any law restricting the freedom of expression of a political corporation or action group or requiring reporting on a local newspaper,[27] and under the Due Process Clause, a state government cannot take possession of a corporation without due process and fair compensation. This protection applies to all legal persons, not just companies.

In the common law tradition, only one person could have legal rights. In order for them to work, the legal personality of a company has been established in such a way that it includes five legal rights: the right to a treasury or a common safe (including the right of ownership), the right to a corporate seal (i.e. the right to conclude and sign contracts), the right to sue and to be sued (to enforce contracts). the right to hire agents (employees) and the right to enact legislation (self-government). [19] The concept of legal personality is not absolute. `penetration of the corporate veil` means the consideration of natural persons acting as agents involved in an act or decision of an undertaking; This may lead to a legal decision in which the rights or obligations of a company or public limited company are treated as rights or obligations of the members or directors of that company. The concept of legal personality for organizations of persons is at least as old as in ancient Rome: a variety of collegiate institutions enjoyed the advantage of Roman law. The word person is derived from « persona », a Latin word whose meaning is a mask. Until the sixth century, this particular word referred to the role that man played in his life. Later, it was used in the sense of a living being that could be endowed with rights and duties. Partly on the basis of the principle that legal entities are simply organizations of natural persons, and partly on the basis of the history of legal interpretation of the word « person, » the U.S. Supreme Court has repeatedly held that certain constitutional rights protect legal entities (such as corporations and other organizations).

Santa Clara County v. Southern Pacific Railroad is sometimes cited for this statement because the court reporter`s comments included a statement by the Chief Justice made before the hearing began, telling counsel during the pre-trial that « the court does not wish to hear arguments as to whether the provision of the Fourteenth Amendment to the Constitution, which prohibits a State from denying equal protection of the law to any person under its jurisdiction applies to such companies. We all agree that this is the case. If your company is a legal entity, it has legal capacity. This means that your business can make decisions, have debts and make deals. Your business may also own assets and assets. For example, company assets such as computers, a pickup truck and equipment. But also debts and money in your business account. In the eyes of the law, a legal person is almost the same as a natural person. A legal person can inherit. You can sue a legal person.

And a legal entity can go bankrupt. Of course, legal entities cannot marry or be sent to prison. If your company is a legal entity, the managers are only personally liable in exceptional cases. For the shareholders of a BV, the value of the shares is the only risk The liability of legal persons is governed by Book 2 of the Dutch Civil Code. Learn more about directors` liability. The other case where legal personality becomes an important issue is when the entity in question is not a human being, but a corporation, partnership or enterprise. Since laws generally only provide for the conduct and rights of individuals, it became important to know the extent to which non-individual entities had legal rights and obligations as these types of organizations became more common and powerful. For example, since laws usually only set rules about how one person sues another person, a company may be impervious to prosecution unless some form of personality is granted. Laws dealing with commercial organizations (i.e. corporations, partnerships, limited liability companies, etc.) often use the term « legal entity, » so the laws apply to both individuals and non-human business entities. I could sue the manager of a fast food restaurant if I slipped and fell into his restaurant, but the fast food company as a separate « person » did not contribute to my accident. I could take legal action for discrimination against a company because it is a legal entity.

In lawsuits involving companies, shareholders are not liable for the company`s debts, but the company itself, as a « legal entity », is obliged to repay those debts or be sued for non-repayment of debts. [22] Since the Industrial Revolution, when corporations came to power, the boundaries of a legal entity have been the subject of constant debate. While granting personality can help hold companies legally accountable for their actions, it also opens the door to many more complex issues. For example, if a company has a personality distinct from its shareholders or owners, some argue that it must also have individual rights such as voting rights. However, when voting rights are granted, shareholders actually have two voting rights: once as an individual and once in the personality of the company.

Different states follow different rules on who can be held responsible for premises and under what conditions. Some states focus on the status of the person visiting the property to determine whether liability is appropriate. A visitor`s status in these states is usually invited, licensed, or intruder. (A) what is placed in front of it. The word has several meanings; Sometimes it refers to statements made previously; how I act according to these premises; In this sense, this word can encompass a variety of topics that have no connection to each other; 1 East, r. 456; it is a formal part of a document; and it is made to designate an estate. (b) Estates. Land and dwelling houses are generally referred to as premises when specifically mentioned; The premises are sold without reservation. 1 East, r. 453. (c) Transfer of ownership. The part appearing at the beginning of an instrument which lists the names of the parties with their titles and additions and which reproduces the documents, agreements or facts necessary to explain the reasons on which the contract concluded at that time is based; And here too, it is the consideration on which it is placed and the certainty of the thing that is granted. 2 Bl.

Com. 298. The technical meaning of premises in a document is everything that precedes credit. 8 Mass. R. 174; 6 Conn. R. 289.

(D) Equity advocacy. This part of an invoice normally referred to the specified part of the invoice. It contains a description of the facts and circumstances of the plaintiff`s case and the wrongs complained of, as well as the names of the persons on whom he acted and against whom he seeks compensation. Most countries follow the principles of comparative fault in the case of liability of locals. This means that an injured person who is partially or fully responsible for what happened cannot be compensated for damage resulting from a dangerous condition of property. A visitor has a duty to take reasonable precautions to protect himself. To the extent that the visitor does not exercise due diligence, the restoration may be reduced by its percentage of fault. A: There is no legal definition. Or if a legal definition were given, it might not be helpful to respond to your situation. As a rule, the definition is found in the text of the document granting rights to these premises. If it is an act, the premises are the legal description contained in the act. If it is a lease, the premises are defined.

Even then, a dispute could arise and it may be necessary for a court to determine the scope of the premises based on the context of the situation and the dispute. The answer may depend on the circumstances that trigger your question. For example, a lease for half of a duplex home may require each tenant to keep « the premises » clean and tidy, without saying exactly which areas are included. This could therefore include the yard outside the house, although each tenant`s premises are their half in the house. Use the « Find a Lawyer » tab here on Justia to consult with a lawyer who can review all the facts of your specific situation and give you a specific answer that applies to your facts. A property liability action holds the owner liable for damage resulting from injury to that person or entity`s property. In all states, property owners who occupy property must make reasonable efforts to maintain a safe environment for visitors. Failure to keep the property safe for visitors will result in « liability ». Common situations that can give rise to liability claims are: n. 1) in real estate, land and improvements thereto, a building, business, dwelling or other designated structure.

The exact premises may be important in determining whether an outbuilding (shed, cabin, detached garage) is insured or whether a person charged with burglary has actually entered a building. 2) In oral argument, premises mean « all of the above », as in a prayer (request) at the end of a complaint requesting « any other order deemed appropriate on the premises » (an order based on what was stated in the complaint). PREMISES. Which is put first. The word has several meanings; Sometimes it refers to statements made previously; how I act according to these premises; In this sense, this word can encompass a variety of topics that have no connection to each other; 1 East, R.

Advocacy for social justice in Bangladesh has changed dramatically in recent decades. The continuation of authoritarian regimes in Bangladesh in 1971-1990 significantly affected the independence of important institutions such as the judiciary. With the imminent democratic transition in 1990, lawyers played an important role in consolidating the independence of the judiciary and leading the democratic movement. This article examines their contributions to the development of PIL, arguing that while social justice advocates have emerged as strong actors during the democratization process, their traditional role has been largely marginalized due to the significant politicization of the bar and the rise of other actors in this push, including an increasingly militant justice system and a vibrant community of NGOs. However, in this modified space, social justice advocates are adopting new models of practice to improve access to justice for largely impoverished citizens. With these claims, the article further argues for a specific historical, contextual and cultural understanding of advocacy for social justice in developing countries such as Bangladesh. Kalindi Kokal, Shirish N Kavadi, Satyajeet Mazumdar, Aqseer Sodhi The founding members of the Law & Society section of the Austrian Sociological Society, Julia Dahlvik.