Essential Legal Concepts and Landmark Canadian Cases
Understanding Key Legal Terms and Concepts
Criminal Law Terms
- Charge Approval:
- Formal process where a prosecutor reviews evidence to decide whether to proceed with charges. Example: The Crown reviews police reports before approving theft charges.
- Conviction:
- A court’s formal declaration that someone is guilty. Example: The defendant was convicted of impaired driving after trial.
- Duress:
- A defense claiming a crime was committed due to threats of immediate harm. Example: Stealing a car under threat of violence.
Constitutional Frameworks: Concepts, Classifications, and Evolution
Understanding Constitutions: Concepts and Classifications
Throughout history, several concepts of the Constitution have emerged, shaping our understanding of this fundamental legal document.
- Decisionist Concept: According to Carl Schmitt, the Constitution represents a fundamental decision on how to organize the political community.
- Legal Concept: Attributed to Hans Kelsen, this concept views the Constitution as the fundamental legal norm (Grundnorm) upon which the entire legal system is based.
- Formal
Chile Public Service: Career, Promotion, and Rights
Requirements for Public Service Promotion
To be promoted, officials must meet the specific requirements for the accessed office, strictly adhere to the career ladder, and exceptionally, move to another position within the same department. The official must not be an impediment to others’ advancement and must not have been subject to disciplinary actions.
Chile’s Plural System of Laws for Public Officers
Chile operates under a plural system of laws governing public officers. For example, there are statutory
Read MoreBusiness Structures & Entrepreneurial Roles: A Comprehensive Analysis
Understanding Entrepreneur Roles and Business Structures
Entrepreneur Roles and Responsibilities
- Management: Coordinating productive processes.
- Resource Allocation: Controlling and allocating productive resources (e.g., human resources, financing).
- Risk-Taking: Assuming business risks.
- Decision-Making: Making strategic and operational decisions.
- Innovation: Driving new ideas and improvements.
Entrepreneurial Rights and Incentives
- Profit Acquisition: Obtaining profit through dividends and capital gains.
- Company
Understanding the Right of Representation in Intestate Succession
In intestate succession, it is clear that the closest relative typically excludes the more distant. However, there is an important exception to this rule, found in the so-called Right of Representation.
By virtue of this right, if a person who would have inherited an intestate estate dies before the deceased, their descendants are granted the right to inherit in their place. This succession occurs by reference to the position and degree of the deceased ancestor.
Defining the Right of Representation
Consequently,
Read MoreDisciplinary Procedures and Sanctions in Public Administration
Official Notifications: Procedures and Requirements
This section outlines the general rules and procedures for official notifications, which are forms used to disclose the contents of a resolution to either party. There are two primary methods for notification:
- Personally: Direct delivery to the individual.
- By Registered Letter: This method applies when an individual cannot be found after being sought at their workplace on two different days. In such cases, the search efforts must be recorded, and