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Delict
Delict (from Latin ''dēlictum'', past participle of ''dēlinquere'' ‘to be at fault, offend’) is a term in civil and mixed law jurisdictions whose exact meaning varies from jurisdiction to jurisdiction but is always centered on the notion of wrongful conduct. In Scots and Roman Dutch law, it always refers to a tort, which can be defined as a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (''culpa'') is the main element of liability. The term is similarly used in a handful of other English-speaking jurisdictions which derive their private law from French or Spanish law, such as Louisiana and the Philippines, but ''tort'' is the equivalent legal term used in common law jurisdictions and in general disc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torts
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Obligation
The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as ''obligations'', and this area of law deals with their creation, effects and extinction. An obligation is a legal bond (''vinculum iuris'') by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the ''obligor'' a duty to perform, and simultaneously creates a corresponding right to demand performance by the ''obligee'' to whom performance is to be tendered. History The word originally derives from the Latin "obligare" which comes from the root "lig" which suggests being bound, as one is to God for instance in "re-ligio". This term first appears in Plautus' play Truculentus at line 214. Obligations did not originally form part of Roman Law, which mostly ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Law
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negligence
Negligence ( Lat. ''negligentia'') is a failure to exercise appropriate care expected to be exercised in similar circumstances. Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. Elements of negligence claims To successfully pursue a claim of negligence through a lawsuit, a plaintiff must establish the " elements" of neg ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scots Law
Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Irish law, it is one of the three legal systems of the United Kingdom.Stair, General Legal Concepts (Reissue), para. 4 (Online) Retrieved 2011-11-29 Scots law recognises four sources of law: legislation, legal precedent, specific academic writings, and custom. Legislation affecting Scotland and Scots law is passed by the Scottish Parliament on all areas of devolved responsibility, and the United Kingdom Parliament on reserved matters. Some legislation passed by the pre-1707 Parliament of Scotland is still also valid. History of Scots law, Early Scots law before the 12th century consisted of the different legal traditions of the various cultural groups who inhabited the country at the time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with prison time of no longer than one year, monetary fines, or community service. Distinction between felonies and misdemeanors A misdemeanor is considered a crime of lesser seriousness, and a felony one of greater seriousness. The maximum punishment for a misdemeanor is less than that for a felony under the principle that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed. In the United States, the federal government generally considers a crime punishable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (area)
Private law is that part of a legal system that governs interactions between individual persons. It is distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. In legal systems of the civil law tradition, it is that part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law tradition), and the law of obligations (as it is called in the civil law tradition). Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ''ius publicum'' from ''ius privatum'' – the European, more exactly the continental law, philosoph ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin Language
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area around Rome, Italy. Through the expansion of the Roman Republic, it became the dominant language in the Italian Peninsula and subsequently throughout the Roman Empire. It has greatly influenced many languages, Latin influence in English, including English, having contributed List of Latin words with English derivatives, many words to the English lexicon, particularly after the Christianity in Anglo-Saxon England, Christianization of the Anglo-Saxons and the Norman Conquest. Latin Root (linguistics), roots appear frequently in the technical vocabulary used by fields such as theology, List of Latin and Greek words commonly used in systematic names, the sciences, List of medical roots, suffixes and prefixes, medicine, and List of Latin legal terms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contravention
In civil law, a contravention is a lesser offense, similar to an infraction or civil penalty in common law countries. France Brazil In Brazil, contravention is a sort of penal infraction — not only an administrative offense - which is considered to be less serious than a crime. Since 1941, Brazilian criminal law has a dual system which separates penal infractions in two main different acts. They are the Brazilian Penal Code (), describing crimes in general, and the , describing the contraventions. Contraventions are punished less severely than crimes in Brazilian law. While crimes may be punished to (reclusion) or ''detenção'' (detention), the only kind of possible imprisonment for contraventions is (simple prison), which is never served under closed conditions (only open and semi-closed conditions may be applied). Fines may also be imposed due to contravention sentencing. In Brazilian law, one who is already convicted for a crime is not considered to be recidiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law Of The Catholic Church
The canon law of the Catholic Church () is "how the Church organizes and governs herself". It is the system of religious laws and canon law, ecclesiastical legal principles made and enforced by the Hierarchy of the Catholic Church, hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western world, Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic Churches, Eastern Catholic particular churches '. Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from Promulgation (Catholic canon law), promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
