The definition of criminal law and its functions

November 17, 2016 Criminal Law  No comments

The definition of criminal law and its functionsCriminal law as it consists of several definitions that have been developed over time. Criminal law is that complex of legal rules which pursue the orientation of human conduct with the means of intimidation and emend. For which the criminal law would be those norms whose function is to direct the company’s behavior to re-educate those convicted. Whereas, in accordance with the processualista theory is that right applied through the criminal process. This definition stems from the fact that the penalty is what characterizes the criminal law. The traditional doctrine instead defines the criminal law is that part of public law governing the facts constituting an offence, punishable by criminal penalties.

To understand this formal definition is to know what is the penalty. But to define the criminal sanction is necessary to define the offence, but define the offence it is necessary to define the criminal law. So you get into a vicious on same. Ultimately, to define what is meant by criminal law it must be held that criminal law is that part of public law governing the facts constituting an offence that they reconnect criminal consequences. After providing a clear enough definition of criminal law, we must now focus on what are the proper functions

Criminal law consists of several functions that have the function of pay, general preventiva, proactive, to amend and defensive. First, the function of pay, or affittiva, it is a function of the criminal law that it serves to compensate or remunerate the harm caused to the company with the criminal act, in this sense implies the idea of proportion between entities of the penalty and the seriousness of the offence caused, by the measure of punishment and the degree of guilt. While retributive theories neo-inspired by the alleged crisis of ideology of rehabilitative treatment. That argument moves from the concept that the idea of pay finds its empirical basis in punishing emotional needs that exist in society and in every individual across the perpetration of criminal acts.

The t...

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The criminal appeal in the American justice system

October 10, 2016 Court of Appeals  No comments

American’s appeal is not a new hearing and, unlike the substantive proceedings, all being done in writing.

American juries are never wrong by definition, but may be induced into error. The jury decides on the facts (trier of fact) and emits a unanimous verdict, while the judge decides the sentence, but nobody has to give reasons for its decisions. If the accused is acquitted there is no remedy or almost, while if he is guilty there is some hope. However, we show that in the main hearing there were legal errors (reported by an objection of Defense) so severe that the process has to be redone. The offender must prove that if there hadn’t been these errors, the process could have had a different outcome. You must then survive cancellation of subsequent instances of appeal proposed this time by prosecutors.

Appeals are written matter. On appeal there are jurors and not listening to texts, but occurs the minutes of the trial on the merits. The convicted person has, through its legal, a memoir  in which he explains his reasons and the Prosecutor shall state the reasons for reject. If the Court does not reject everything for manifestly unfounded, grants the parties ten minutes to illustrate some point and to answer any questions from the three judges that compose it, then retires and with all convenient makes a decision that may be to reject everything and keep the verdict or to cancel it. In doing so the Court can avoid any explanation or issuing one of those complicated dissenting and concurring opinions, judgments, which are the delight of scholars. Can also impose a judgment which, however, cannot be used as a precedent because it carries the designation “unpublished”.

On appeal is not discus...

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THREE STEPS OF CONFLICT RESOLUTION – AND WHY IT IS WORTH TO GO

September 3, 2016 Conflict Resolution  No comments

THREE STEPS OF CONFLICT RESOLUTION - AND WHY IT IS WORTH TO GOCoach and trainer, mediator, expert on leadership development

A conflict appears to us as the exact opposite: contrary, seemingly irreconcilable positions are visible. Basic human needs to get recognition, appreciation, power and justice in the swaying. And last but not least conflicts enable difficult psychological pattern: one of them is a polarizing party thinking – very human, very natural, but unfortunately not helpful.

The liberation or: the first step is the most difficult

My job as mediator, coach and trainer is persuading the warring parties to come together and talk with each other. This is a great challenge, because to see the ‘enemy’ in the eye and to engage him, goes against the natural sensation.

Normally has a conflict brewing a long time. The parties beat around the Bush and try to add in things. Please explain to others or the system to charge of maladministration on behalf.

At some point but is the day in which they say: “So it does not goes!” This first step is oppressed, because the new one is not yet visible. At the same time, the time of itself adjustment is over. Finally it is clear text.

Three steps to the solution

1...

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Civil cases and criminal cases

August 27, 2016 Civil Law  No comments

Civil cases and criminal cases

A civil case is one private affair in which a person sues another. One speaks then of a prosecution or an action. In a criminal case, it is the Crown which pursues an accused under a law under public law, such as the Criminal Code or theAct controlled drugs and other substances .

How do civil affairs happen?

An action or civil suit begins when individuals or businesses are in disagreement over a legal issue, as the terms of a contract or the ownership of a well. Also, there may be civil liability if someone is injured or a damaged property. For example, a person who broke a leg falling into an icy stairwell may sue to obtain compensation. The person who pursues is called plaintiff, while the person being prosecuted is called respondent.

Civil cases are complex and involve several stages: pleadings, discovery and the trial itself.

The pleadings

The applicant shall first file a writ with the Court. This document exposes the complaint against the defendant and the measure of relief sought by the applicant. An officer of the court issuing the writ by affixing the seal of the Court and by signing the writ on behalf. Copies are then delivered or served on the defendant.

The onus is on the defendant to file a defence in court. If it does not, the Court will presume that the applicant’s allegations are true and the defendant may lose the default trial.

Both the plaintiff and the defendant have the right to consult a lawyer. Lawyers often discuss the matter to set it before a trial. The two parties can agree on a settlement at any time before the judge makes his decision. In fact, 98 percent of civil cases never give place to a trial.

Disco...

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How to become a lawyer

July 20, 2016 Career in Law/Legal  No comments

How to become a lawyerKnow the laws and understand its content certainly helps to move better in the field of work, than in other areas of life. Just think of the many bureaucratic chicanery that sometimes we suffer without realizing it. But if the laws are a passion, and we discover that we feel particularly at ease between legal texts and codes, then we might think of becoming professionals in this field. This guide helps you understand how to do it.

GRADUATE IN LAW TO BECOME A LAWYER

When we think of a practitioner of the law, surely there comes to mind the lawyer. Today, unlike a few years ago, there are a number of specializations in the field of law, for which every lawyer should have its remit. In addition, of course, the traditional distinction between a civil lawyer and defense attorney. Specialize is right not to remain “one of many” and carve out its own specific type of clientele.

The competition in this field is fierce. The numbers speak for themselves: every year universities churn out thousands of “doctors of law“, which will swell the ranks of practitioners and would-be lawyers. It becomes difficult to then establish itself, unless you choose to specialize in a specific field. If you decide to undertake a course of study in law should inquire about new emerging in the field of law, professionalism and understand one’s inclinations.

The course of study to become a lawyer is as follows. You sign up to get a degree in legal sciences (the duration is three years) or to your master’s degree in law (which lasts four years, at the end of which you choose between: forensics, notaries and judiciary).

Following his graduation, to become a lawyer must register in the register of praticanti instituted in the Court of his own constituency, and being a “dominus” (lawyer) at which to perform forensic practice. This is no easy task, since today firms are taken literally stormed by dozens of practitioners. In some cases the lawyer proceeds even to a selection to find the “right” practitioners. Once you enter a law firm must perform the practice for two years.

Each trainee will have a booklet which will write down every single hearing which will have witnessed during this time, and the subjects dealt with during practice. After the first year you are called by the Council of the Bar Association in an interview. The practitioner will have to expose the legal issues dealt with and explain to the Committee how even “techniques” that he learned.

The practitioner’s life will be marked by terms and dates to be met. And of course will also need to learn the “technicalities” of the trade and the specific terms of the profession are required to become a lawyer.

PATRONAGE: FIRST STEP TO BECOME A LAWYER

The practitioner may ask the Council of the order (with an appropriate instance) to be admitted to the profession through the institution of “legal”. After getting the green light from the Council of the next entry on the list, has enabled practitioners called for de oath before the President of the Court.

This oath is mandatory in order to practice the patronage. According to a Ministerial Decree of 1994 (# 585), the practitioner admitted to practice it is for half of both rights fees that are up to the lawyer. The practicing attorney shall pay to the Council a yearly registration fee.

At the end of the second year of legal practice, the practitioner shall deposit with the Secretary of the Board of the practice, which has documented the activities carried out in court, and the deontological questions addressed, which are the baggage necessary to become a lawyer.

In addition the practitioner, with special application to the Council of the order (complete with revenue stamp of € 14.92) asks to obtain the “certificate of accomplished practice” to access the Professional exam. This certificate must be attached to the application for examination. The announcement comes out every year, is published in the Official Gazette.The application must be addressed to the competent court of appeal by the day fixed in the notice.

THE BAR EXAM TO BECOME A LAWYER

The exam to become a lawyer is conducting three written tests and oral. The themes of the written tests are decided by the Ministry of Justice, and consist of: a reasoned opinion of civil law (the candidate may choose between two issues); a reasoned opinion of criminal law; in drafting a judicial, on a question that the candidate will choose an area of criminal law, administrative law, and civil law.

As regards the oral examination to become a lawyer, this is primarily in the dissertation topics in 5 subjects chosen by the candidate, one of which is necessarily of procedural law.In addition the candidate must demonstrate an understanding of the rights and duties of the advocate and the forensic sort to which it belongs.

BECOME A LAWYER: THE NEW PROFESSIONALS IN THE FIELD OF LAW

The environment is an issue that is dear to all of us. The fate of our planet will depend on our degree of responsibility in the face of environmental and ecological issues in the coming years. The environment has become a branch of law evolving, requiring knowledge and in-depth series now.

Become a lawyer “green”

For this new professional profiles are emerging, as eco-lawyer. These is an interpreter of the complex environmental issues in the light of the Community legislation and international levels; will be called upon to support the cause of groups, associations and organizations working in the field of ecology and environment; will be able to intervene in public administration and private companies as an expert and consultant. The applications of environmental law will be increasingly varied and numerous in the future.

Becoming a lawyer

Another emerging and rapidly evolving profession of the law, is the legal counsel. Today enterprises, as they are organized and the complexity that distinguishes them, require specific professional figures within them. One of these is the “corporate lawyer”. In our country, however, it still lacks a law regulating the profession and the degree of responsibility marks, where it can move, legal status. In other European countries, instead, it is a recognized profession in all respects, including “regularised”.

What are the skills and tasks of a corporate lawyer? We could define it as a lawyer who provides legal assistance and advice within a firm. It is also a manager, as it contributes to the management of the enterprise, participating actively in decision making. Of course, this is also true for eco-lawyer-to carry out these professions are usually requested further titles and specializations in addition to graduation (masters, postgraduate courses and further education).

Nevertheless-in many cases-the experience of some years carried out in the areas required will suffice for the purposes of a selection and subsequent recruitment. The company lawyer, in addition to knowledge of law, must have a high sense of responsibility, a high level of problem-solving, and team spirit. Essential English skills.

To become a street lawyer

You did all the steps required to become a lawyer and you have just entered the legal profession, and would like to gain some experience in the field?

You are feeling of defending the rights of those who can’t do it alone? Then join the project “Becomes a street lawyer” could be the right idea. The street lawyer is a professional who provides legal advice to homeless people. Of this Association there are several locations in Italy. The project was born in Bologna in 2000.

JUSTICE OF THE PEACE

To exercise the functions of a Justice of the peace must be aged between 30 and 70 years, being an Italian citizen (that is, enjoy civil and political rights), and possess the other requirements laid down in law No 374 of 1991. Those who exercise the profession agrees to dispense with all other dependent task, both private and public. Obviously, the Justice of the peace shall be graduated in law and enabled to practice law.

The competence of the Justice of the peace is partly for the subject, and also by value.That means there are some causes that are exclusive character (for example the condo issues, the fumes, exposure beyond normal tolerability, etc.), and others that instead the leader because the value of the goods involved does not exceed 2,582.28 euros. The jurisdiction of this Court also causes that affect the movement of boats and vehicles, since they do not exceed the value of 15,493.71 euros. The Justice of the peace has jurisdiction in criminal matters.

For instance decides on criminal defamation, on the purchase of machine tools, on corruption, acts contrary to public decency, etc. Since 1995 carries substitute Justice of the peace, that no longer exists. We could call the Justice of the peace as an honorary magistrate on a temporary basis.

His “mandate” in fact lasts 4 years and may be reappointed once. To run for magistrate in the Court of his own Court of appeal, we must wait until the public announcement in the Official Gazette of the Republic. It is the Ministry of Justice, which determines the vacancies in various courts and index selections.

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How to choose a lawyer

June 13, 2016 Attorney  No comments

How to choose a lawyerHere are tips for choosing the right lawyer for your needs.
A lawyer of the place. For a more effective legal defense is better if the lawyer you choose is fully inserted into the area requiring legal representation. It is always better to therefore choose a lawyer of the place where you should take the judgment because it knows that courtroom practices, you know moves at the Court, know who and how to get the information. Also probably is aware of the jurisprudence of the Court, i.e. knows how the court usually decides on certain issues.
Some experience is good. The years of experience of an attorney is an important criterion, not to be overlooked. The lawyer is not only a good lawyer, one who knows the standards, but must also have practical experience of law. Sometimes when you’re looking for a professional, age is a factor. However, this is not necessarily a good indicator of the experience of an attorney or its capabilities.Sometimes a young lawyer who is trying to make a name for themselves will work more to win a case and will do an excellent job for his clients. A highly rated lawyer with a studio well underway in the field that interests you surely will have a great experience, and ensures a thorough knowledge of the subject and a high quality in the preparation of documents, but will probably have less time available for your case.
Probably the intermediate choice is the most reasonable. Choose the studio well underway, but the care not by Bencher of that study, but by one of his associates. So you can make use of the experience of the study and increased availability due to the enthusiasm of youth and the desire to make their way to the young lawyer.
Another aspect really relevant is the specific knowledge of the matter of which will have to deal with. Many are convinced that a lawyer, as a judge in that law must and can know all the knowledge of the law. But this is a false belief. Personally I feel a Holy terror when a friend turns with those famous words: “Annabella, can I ask you a question?”.Usually it is a very complicated issue in which special laws come into play sconosciutissime, and I obviously can’t answer, so out of hand, and I will just mumble which reasonable consideration generic based on the principles of law. Don’t think for a lawyer is very different. In the first instance no jurist has the solution in your pocket, believe me. You first need to study the case.

We then launch this importan...
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Texas Prisoners Banned from Social Media

April 19, 2016 Law/Legal News  No comments

Texas authorities, the United States stipulates that inmates in State prisons that should not have any social media account, even if the account is managed by friends or family.

The Texas Criminal Justice Department, TDCJ, published new regulations in this orientation Handbook prisoners. In the book it is mentioned that the prisoner dilarangmemiliki a social media account of Facebook, Twitter or Instagram “for the purpose of soliciting, update, or make friends with others, through a third party or otherwise.”

TDCJ spokesman, Robert c. Hurst States that inmates in correctional institutions of Texas does not have Internet access, and therefore can not make their own social media accounts.

“When it was discovered there was an active social media accounts on behalf of prisoners, TDCJ will contact the company and ask for the account is blocked,” he said.

Hurst added that the social media company “now require correctional facility to have a special rule which prohibits an active social media account [of prisoners]” to delete an account.

The new rules are listed in the Handbook prisoners strengthened the ability of the TDCJ to enforce this ban.

Hurst explains that previous inmates personal items through social media “based on the fame of their crimes.”

According to the Texas Tribune, Elmer Wayne Henley serial killer ever to sell his personal belongings through social media accounts that are managed by outside parties.

A spokesman for a social media sites stated that law enforcement agencies can request information about Twitter users through the process of law. “

They elaborated on the information available to law enforcers in the manual. According to the latest report, Twitter received 123 requests for information from the State of Texas in the second half of 2014.

Meanwhile, a representative from Facebook refused to comment on the policies of the TDCJ. However, it is certain that the company blocked a number of social media accounts belonging to inmates if it violates the community standards Bylaw. Facebook will also block access to an account if they receive “a valid document from the authorities, who claimed detainees were forbidden to access social media sites.”

Although this step is done to increase security, but the new regulations sparked concern freedom of speech from civil liberties groups in the State.

“I think that although TDCJ may have a genuine purpose to implement this new policy, but also raises very serious concerns about freedom of speech, and may threaten the freedom of others,” said the legal Director for the Texas Civil Rights Project Wayne Krause.

“We don’t know whether TDCJ will try to apply this policy, and to whom. If and when the rule was applied, this could pose a very serious concern, “he said.

Krause who assess TDCJ seems to try to extend the policy outside the prison walls. “These policy types have names-they are called laws. They should be considered by the representatives of the people, too, because not only does this policy affect people behind bars, “he said.

In addition, the critics also feel this policy can hinder the work performed by prisoners who advocates death row inmates or on trial.

“The only reason they implement this, I think, because of their actions in prison, who did not want to publicly known, is now a very open, and they will not allow it,” said Julie Strickland, a legal counsel for death row inmates Rodney Reed.

Reed was sentenced to 1996 for the murder of Stacey Stites, though lawyers say they have evidence suggesting the woman was killed by another man. Strickland has a Facebook account and Twitter to encourage the public put pressure in the country and free the Reed of the allegations.

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An Israeli Firm Reportedly Helped the F.B.I. Break into the Iphone

March 25, 2016 Law/Legal News  No comments

Yedioth Ahronoth newspaper reported the company’s mobile forensic software provider Cellebrite origin of Israel, was helping the FBI in order to unlock iPhone 5 c encryption used by Syed Farook Ridwan, perpetrator of the shooting in San Bernardino, California.

If this step is successful, the FBI no longer need help Apple to open iPhone encrypted. It can also stop the broader debate about personal data in the United StatesRelated to this case, the Cellebrite was reluctant to comment on it.

Previously, Apple legal issues involved with the American Department of Justice for refusing a court order to make the new software to unlock the encryption on the iPhone that is used by the shooter.

Apple and the American Department of Justice should meet again in court on Tuesday, March 31, 2016. But a day earlier, a federal judge approved a Government request to suspend the trial after prosecutors said that there are third parties who may be able to unlock iPhone encryption.

Cellebrite itself is a subsidiary of Sun Corporation that originated in Japan. They provide the forensic system used by law enforcement, military and intelligence. This can be used to retrieve the data hidden inside mobile devices.

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The University of Texas Would Allow Bring firearms into Classrooms

February 17, 2016 Law/Legal News  No comments

The University of Texas at Austin, United States, will allow bringing weapons into classrooms starting next school year, exactly on 1 AugustThis regulation was announced after the Texas Government inaugurated the new guidelines on Wednesday (17/2).

The law allows a person who has a permit to carry weapons to a number of buildings across Texas. University parties authorized to establish its own regulations governing the region free of weapons in certain places. However, the zone should be limited and should not be to prohibit bringing guns total.

The University of Texas has its own regulation, that prohibited carrying guns in the student dormitories. There are only a few exceptions to carry guns inside the hostel, that is for parents who are visiting and staff members in the buildingThe President of the University of Texas, Greg Fenves, claims to be forced to enact the new rules is to comply with the new law of the Government.

In a slip of a letter to the Chancellor of the University of Texas System, Bill McRaven,Fenves said that he did not agree with permission bringing weapons to school. “As a Professor, I understand the profound concerns raised by many parties. The presence of weapons in the institutions of higher learning in contrast to the Mission ofour education and research based on the investigation, freedom of speech, and debate …. However, as a President, I have an obligation to comply with the law, “wrote Fenves.

He also enacted a permission bringing This weapon with strict rules, such as the weapon must always be in the hands of the owner. If the owner does not want to carrya weapon, should be stored in a locked carAll weapons carried should be placed in the Holster cover for trigger and cannot beseen directly. The weapon also should not be filled in the previous bullet.

The law of the Government of Texas are indeed provide the authority for the University President to form rules. However, the Council of the University has the authorityto change the rules also with the approval of two thirds of the members.

“Because of this new law is not yet known the effect for the University of Texas at Austin, we will monitor the implementation and its impact for students, faculty members, and staff,” said Fenves to McRavenIn the meantime, said Fenves, the President of another major institutions, like the University of Southern Methodist University, Baylor, Rice University, and is still working to prohibit weapons on their campus environment.

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What is a Divorce Lawyer?

February 12, 2016 Family Law  No comments

A lawyer specializing in issues of family legislation, especially divorce, is recognized as a divorce attorney. As each jurisdiction has its own various laws, a qualified attorney helps his/her clients in order to become aware of their particular rights according to the appropriate laws. In some cases, it is possible to get decree for divorce without investing a complete lot of income and time in courtroom. In several circumstances, divorce needs to especially be contested when there will be marital assets and children involved, and the lawyer has got to represent their customer in manner that the customer isn’t exploited by her/his partner throughout the courts’ proceedings.

While checking out the means of divorce, a few would usually argue from the circulation of marital home and various other product items bought after marriage. Several times, divorce lawyers assist the couple to separate valuable assets amiably. A lot of couples agree to the suggestion provided by attorneys. Once the couple doesn’t reach a mutually appropriate proposition, they’ll need certainly to seek the input of judge, taking quite a while and increasing their cost.

Frequently, the few looking for divorce will have children. In case there is couples having just one single child, the lawyer would need to determine who would simply take control of this youngsters, with who it might live plus the way the youngsters splits his time taken between the two mothers. Usually, the couple is not able to determine on the custody that is primary of child. Just in case the two involved people is incapable of arrive at any summary mutually, the divorce attorney will lodge a case in judge to allow his client to get possession of his/her son or daughter. Then your court will chooses best how the young kid may be looked after. Also, this is the responsibility of the attorney to ensure that the court properly determines and approves repayments for supporting the youngster.

In some instances, divorce attorneys have to deal with a topic aside from a divorce. The lawyer could represent a customer for a legal separation or annulment of relationship. The latter is a bit different from divorce, since it practically expunges marriage. The attorney combat for annulment will try to show that it was an marriage that is invalid therefore never occurred. The lawyer may also plead for a separation that is legal where in actuality the couple continues to be married, but don’t reside collectively. It’s the duty regarding the attorney to find the defense of this customer’s materials assets from his/her spouse through the duration of split.

Divorce lawyers additionally manage various other dilemmas, like article divorce topics and premarital agreements. Numerous couples consider that having a rigid agreement that is prenuptial the entire process of divorce less complicated and economical. A competent expert can be likely to prepare a prenuptial agreement that protects the current and future belongings of his customer before he/she gets married. Furthermore, someone could consult a divorce lawyer to get answers for issues arising after divorce. For instance, a client may prefer to know when she’d be allowed to change her name that is married or for changes regarding the divorce decree, and additionally how exactly to amend the payment for son or daughter assistance.

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