...Classifications of Law There are four different classifications of law that are found around the world. In this brief article I will explain the differences that make up the four classifications of law. 1. Substantive of laws vs. Procedures of laws- Substantive of law is the substance that makes up a law. It is the meaning of a law that explains what you can and cannot do. For example the law states that you cannot murder another human being unless it was in self defense, you were under duress, or if you were drugged by another person. Unlike substantive of law, procedures of laws are just the steps that must take place when filing a lawsuit against another party. 2. Public vs. Private Law- Public law simply means that the government is involved. Public law is any law that has to do with the constitution and the public. This type of law normally involves a criminal suit were the government is prosecuting a citizen for a crime they allegedly committed. Private laws are laws that do not involve the government, and are laws that allow one private entity to sue another private entity in a civil lawsuit. 3. Criminal vs. Civil Law- Criminal law was created to protect the public from the government or from themselves. Criminal laws were created so that the government could not prosecute individuals without due process and so that the public could protect themselves from each other. Civil law are cases where one or both parties are looking for compensation instead of jail time. Civil law covers anything...
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...C211 COHORT GLOBAL ECONOMICS FOR MANAGERS Wade C. Roberts, Ph.D. Peng Chapter 2 Understanding Formal Institutions: Politics, Laws, and Economics Wade C. Roberts, Ph.D. Education: Economics Doctorate, University of Utah Expert Fields: Development, Labor, Public, Health, Gender, Forensic Economics Current Research: Microfinance, Poverty & Socioeconomics in Cambodia “The Success and failure of firms around the globe are determined by firms’ ability to understand and take advantage of the different rules of the game”. Understanding Institutions… • What is an institution? • “The humanly devised constraints that structure human interaction” • Douglass North (Nobel Laureate) Understanding Institutions… • Institutional Framework • Formal and informal institutions governing individual/firm behavior. • Supported by three pillars: • Regulatory • Normative • Cognitive Understanding Institutions… • Regulatory Pillar (formal) • Coercive power of governments • Laws, regulations, rules • Normative Pillar (informal) • The values, beliefs and actions of a group (emotions) • Cognitive Pillar (informal) • Internalized values and beliefs that guide behavior • Culture & Ethics (logic) • How do these pillars shape behavior? Understanding Institutions… • What is the KEY ROLE of an institution? • Reduce Uncertainty! • Institutions constrain the range of acceptable actions. • Uncertainty surrounding economic transactions...
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...School Choice: Private vs. Public Schools School choice is a hot topic concerning education, especially when it comes to public vs. private schools. How parents choose to educate their children is highly debated, though there are several advantages and disadvantages of the two. Therefore it is very important that both options be explored and the choice must be based on what is right for each particular child. Topics to research include tuition fees, admission protocol, academic curriculum, test scores, and teacher qualifications. Let’s take a look at several factors that may direct your decision in the right path. Fortunately, enrolling a child into a public school does not include tuition fees. Public schools are funded through federal, state and local taxes. When employed residents of a city pay taxes, they are providing the expenses needed to fund children’s education and costs of public schools in their community. Leaving the only sensible option, to take advantage of the money already invested into the school system through taxes and make use of it towards your child’s education. Though this is not the case with private schools, parents are responsible for public school tax, along with additional tuition fees charged for enrollment by their independent school of choice. Private schools do not receive tax revenues, but instead are funded through tuition, fundraising, donations and private grants. According to the National Association of Independent Schools (NAIS),...
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...officers determined the need for private agencies which try to fill the gap between the need and supply of officers. Fear and concern about the safety of the citizens, protection of the property and more important the prevention of crime caused the growth of privatized security agencies. With most of the best officers recruited to the better paying jobs with Federal Government and with decrease of new recruits willing to “serve and protect” new economic opportunity arose for the private sector to fill in the gap. I will attempt to cover the legal, ethical, managerial, economic issues, evaluate the daily practices of both professions, and what the future may hold for them. (Stephens, 2009). In comparison, private policing is more adapt at the protection of personal and corporate interests whereas public police is more concerned and equipped to enforce the regulations of the judicial system and interest of the public. Described as passive policing, private policing is more proactive rather than reactive in its crime prevention efforts. The opposite to what public policing provides, which is more reactive in nature thank private policing. Position requirements for private policing vary and depend on the type of work to perform and state laws. There are few at best, statutes or laws, giving the private security industry any form of governmentally granted rights or powers to legitimize its existence. (Stephens, 2009). The high standards required by public policing is not regulated, accreditation...
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...centered on the politics of education. To evaluate the scenario, laws and statues as well as similar court cases will be compared and used to determine proper action for and against the presented scenario. The scenario entails about a high school principal refusing to provide special education to a severely disabled tenth-grade student. The principal is very prominent as she worked as a special education teacher and an assistant principal in a wealthy school district. Based on the presented scenario, this evaluation will assess the possibility of ruling in court as well as give an opinion on the matter. Keywords: special education, principal, parent, disabilities, court Special Education for Student with Disabilities Debbie Young is a high school principal of esteem. Not only was she a special education teacher, but she was also an assistant principal of a wealthy school district in the South. Young was approached by the parent of a disabled student named Johnathan to enroll her son in the district. Johnathan is severely disabled with multiple disabilities that require constant care by a specialized nurse. His is mentally disabled, has a seizure disorder, and has quadriplegia. Debbie Young refused to enroll the child because of the necessary expenses and the belief that the school would not be able to appropriately tend to his needs. Laws that protect the rights of students with disabilities are present, but the laws may or may not correlate with the aid in the situation. Special...
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...Classifications of Law The classification of law starts with the understanding of the two major legal systems, common law and civil law. Common Law is the legal system that emphasizes the role of judges in deciding the meaning of laws and how they apply as a whole. Civil law is relies more on legislation than judicial decisions to determine what the law is. Like common law nations decide the facts in a disputed case, but civil law courts are not obligated to follow recent judicial decisions or presidents. (O. Lee Reed, 2013) The famous trial of MacPherson v. Buick Motor Co. in 1916 in which Judge Benjamin Cardozo based his decision on a similar case that was tried about a year earlier against the makers of Cadillac. These cases involved a wheel that was defective that was not made with their own manufacturer but bought from another. This would be an example of common law because Buick sold a defective product that could cause harm and the judge decided that Buick was at fault with not using there said manufacturer (Strauss, 2007). An example of Civil Law would be if you lived in Kansas and purchases a car, in this state you must car insurance in order to get that car titled. One day your car catches on fire and totals the car out. You have a contract with your insurance company where they will pay for the damage as long as you pay the premiums and do not commit fraud and file false accident reports. This would be a type of civil law called Contract Law; it is the insurance...
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...THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Nina van Limburg Stirum Brouwersgracht 48-1, 1013GX Amsterdam 0621500446 Ninavls@hotmail.com 10127305 Bachelor essay supervisor: Jim Mathis Contents THE RENATIONALIZATION OF YPF UNDER INTERNATIONAL LAW; A CASE STUDY Introduction 3 Chapter 1: Expropriation and Nationalization in general 3 Chapter 2: Nationalization under international law 5 1: Public Purpose 6 2: Discrimination 7 3: Due Process 8 4: Compensation 9 Investment Treaties 9 Chapter 3: YPF; Yacimientos Petrolíferos Fiscales 13 Short history 13 April 2012 14 Chapter 4: Nationalization of YPF under international law 15 Access to the ICSID 17 Application of the law 18 Ad. 1: Public interest 18 Ad. 2: Discriminatory measures 19 Ad. 3:In accordance with the law (Due process) 20 Ad. 4: Adequate compensation 20 Conclusion 23 Bibliography 24 Introduction On the 16th April 2012 Argentine president Cristina Fernandez de Kirchner stated that her government was going to renationalize 51 per cent of the 58 per cent share of Yacimientos Petrolíferos Fiscales (YPF) owned by Repsol. YPF is the biggest Argentine oil company, since 1999 partly owned by the Spanish multinational Repsol. After months of negotiations the Argentine government accused Repsol of not investing sufficiently in YPF to maintain or recover reserves. Due to Repsol’s alleged neglect towards YPF the country...
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...Student name Institution name Date Introduction Question: Is the policy of eminent domain providing for the public welfare, through the taking of privately owned property, using a rightful procedure involving due process and just compensation as it was intended to do when the policy was founded? Eminent domain is the inherent power of the government to take over a citizen's property for public use without the owner's consent. Initially, this public policy originated in the Middle Ages throughout the world. It became part of the British common law before reaching the United States where it was then illustrated in the US Constitution in 1791 (Britannica: eminent domain). The Fifth Amendment granted the federal government the right to exercise eminent domain, provided protection to individuals, and protected the property rights of citizens. Shortly after the due process clause of the Fourteenth Amendment made the federal guarantee of “just compensation” applicable to the states. The use of eminent domain power to promote economic development, particularly in urban centers of the United States, has become the focus of significant controversy in this present day. This is commonly done when the acquisition of property is needed for the completion of certain project. Projects intended for the public good such as highways, bridges, schools, and government buildings have been created from Eminent Domain. The policy pertains to every independent government. It requires very little...
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...Constitutional Law: Feminist Critiques of Public/Private Distinction By Frances Olsen INTRODUCTION Frances Olsen (born on February 4, 1945) is a professor of law at UCLA. She teaches Feminist Legal Theory, Dissidence & Law, Family Law, and Torts. Feminist Legal Theory is just over a decade old in the United States and is even younger in most other countries. Here, Frances Olsen presents one of her articles from within this burgeoning field. The topic of “private/public” has been actively debated in various scholarly discourses for many years. The factors such as the protection of individual decisional autonomy (private) from state regulation (public), and the preservation of communal interests (public) vis-à-vis personal pursuits (private) creates a conceptual tension. The present article particularly deals with the attempts of the female critiques/ advocates to challenge and even eliminate the distinction between private and public spheres. Frances Olsen presents the arguments of the feminists’ critiques of the public private divide that in many situations, this divide disadvantages women and the institutions with which women are traditionally associated such as the family. The author further says that by classifying family as ‘private’ the public private distinction often serve to shield abuse such as domestic violence. Domestic violence is illegal in every state. However, confusion about whether this is a public or private problem has not disappeared. I...
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...Who are the Citizens of the Philippines? A Filipino citizen may be considered natural-born or naturalized citizen. Both statuses bestow upon the individual certain privileges and exclusive rights such as the rights to vote, to run for public, etc. which may be denied the foreigner. NATURAL-BORN FILIPINO Art. IV, sec. 2 of the 1987 Constitution defines the NATURAL-BORN Filipino citizens as: 1. “Those who are citizens of the Philippines at the time of the adoption of this (1987) Constitution” 2. “those whose fathers OR mothers are citizens of the Philippines” and 3. “those born before January 7, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority. Even if the child is born to an alien father and a Filipino mother, the Filipino citizenship of the mother will bestow natural-born Philippine citizenship upon the child PROVIDED his birth occurred on or after January 17, 1973 (date of ratification of the 1973 Constitution), otherwise he followed the citizenship of the alien father and acquired at best only an inchoate Philippine citizenship which he could perfect by election upon attaining majority age. EXCEPT if he is born out of lawful wedlock, in which case, he will be considered a Filipino by virtue of his mother’s citizenship. In addition, only natural-born citizens are allowed to hold constitutional offices such as the office of the President; Senators; Members of the House of Representatives;...
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...TECHNOLOGY, INC. vs. SALAS Facts: Private respondents, majority and controlling members of the Board of Trustees of Western Institute of Technology, Inc. were acquitted of the crimes of estafa and falsification of public document. The falsification charge was anchored on private respondents submission of the school's income statement for fiscal year 1985-1986 with the Securities and Exchange Commission reflecting therein the disbursement of corporate funds for the compensation of private respondents based on Resolution No. 4, series of 1986, and making it appear that the Resolution was passed by the board on March 30, 1986, when in truth the same was actually passed on June 1, 1986, a date not covered by the corporation's fiscal year. The charge of estafa is based on private respondent's having disbursed funds of the corporation by effecting payment of their retroactive salaries of P186,470.00 and subsequently paying themselves every 15th and 30th of the month starting June 15, 1986 in the amount of P19,500.00 per month. After trial, the court acquitted the private respondents on both counts without imposing any civil liability against them. The individual petitioners, minority stockholders of the corporation, thus seek to hold the private respondents civilly liable despite their acquittal based on the alleged illegal issuance by private respondents of Resolution No. 4, series of 1986, ordering the disbursement of corporate funds and that the grant of compensation to private respondents...
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...ORTIGAS & CO. LTD., VS COURT OF APPEALS G.R. No. 126102, December 4, 2000 Topic: POLICE POWER FACTS: * This petition seeks to reverse the decision of Court of Appeals, dated March 25, 1996, in CA – G.R. SP No. 39193, which nullified the write of the write of preliminary injunction issued by the Regional Trial Court of Pasig City, Bramch 261, in Civil Case No. 64931. * On August 25, 1976, petitioner Ortigas & Company sold to Emilia Hermoso, a parcel of land known as Lot 1, Block 21, Psd-66759, with an area of 1,508 square meters, located in Greenhills Subdivision IV, San Juan, Metro Manila, and covered by Transfer Certificate of Title No. 0737. The contract of sale provided that the lot: a. Be used exclusively for residential purposes only, and not more than one single-family residential building will be constructed thereon. b. The BUYER shall not erect any sign or billboard on the roof for advertising purposes. c. No single-family residential building shall be erected until the building plans, specification have been approved by the seller. d. Restrictions shall run with the land and shall be construed as real covenants until December 31, 2025 when they shall cease and terminate These and the other conditions were duly annotated on the certificate of title issued to Emilia. * In 1981, the Metropolitan Manila Commission (now Metropolitan Manila Development Authority) enacted MMC Ordinance No. 81-01, also known as the...
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...Plessey vs. Ferguson Plessey vs. Ferguson is another case that deals with segregation. In 1892 Homer Adolph Plessey was thirty-year old shoemaker from New Orleans, Louisiana. He was only 1/8 black and his whole family passed as White, but the State of Louisiana considered him Black. Plessey wanted help fighting the new Separate Car Act that separated Blacks from Whites in the railroad cars. You could serve 20 days in jail or even a $25 fine if you sat in the wrong railroad cart. Plessey purchased a first class ticket and sat in the “White’s Only” car and waited until someone said something to him. The conductor consulted Plessey and he refused to move to the “Colored” car which resulted in him being arrested immediately and released the next morning. Plessey received an attorney name Albion W. Tourgee and they went to trial a month later and Tourgee argued that Plessey civil right under the 13th and 14th amendment was violated. The case was later brought up in Supreme Court. This case relates much too today because in a way segregation still stands. There are some buildings, restaurants, stores, and even employment that segregates base on race. More so they aren’t out front but behind the cover up its present. Personally I’ve encountered incidents where I order food from a restaurant that only “Whites” eat in and the food itself was delicious but the amount of food that was given on the plate didn’t match up with the food that was given on the “White” man plate. I feel its...
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...Consti 1 Tañada v Tuvera, 136 SCRA 27 (1985) Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-63915 April 24, 1985 LORENZO M. TAÑADA, ABRAHAM F. SARMIENTO, and MOVEMENT OF ATTORNEYS FOR BROTHERHOOD, INTEGRITY AND NATIONALISM, INC. [MABINI], petitioners, vs. HON. JUAN C. TUVERA, in his capacity as Executive Assistant to the President, HON. JOAQUIN VENUS, in his capacity as Deputy Executive Assistant to the President , MELQUIADES P. DE LA CRUZ, in his capacity as Director, Malacañang Records Office, and FLORENDO S. PABLO, in his capacity as Director, Bureau of Printing, respondents. ESCOLIN, J.: Invoking the people's right to be informed on matters of public concern, a right recognized in Section 6, Article IV of the 1973 Philippine Constitution, 1 as well as the principle that laws to be valid and enforceable must be published in the Official Gazette or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the Official Gazette of various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letter of implementation and administrative orders. Specifically, the publication of the following presidential issuances is sought: a] Presidential Decrees Nos. 12, 22, 37, 38, 59, 64, 103, 171, 179, 184, 197, 200, 234, 265, 286, 298, 303, 312, 324, 325, 326, 337, 355, 358, 359, 360, 361, 368, 404, 406, 415, 427, 429, 445, 447, 473,...
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...than private schools, public education is by far the best; no child left behind or denied an education regardless of standards. There are many pros and cons in both public and private school that needed to be weighed. Student diversity, cost, class size, federal, state and local laws, different types of schools, transportation, and the teachers are all factors that can help aid in your decision. First we have the cost of attendance. Private schools the doubt or question you can ask yourself, “Are you getting what you paid for?” Private school is very expensive; they manage on a balanced budget. They do not take no funding from the government, they will accept nonpublic sources of support from religious organizations, endowments, grants and charitable donations, therefore they charge for every aspect of their school. The average cost for tuition is between $1,600 up to 8,000 a year, it all depends, what grade level and if school has religious affiliation. On the other hand, Public schools are not allowed to charge tuition, the cost to attend public school is free, when you get in high school you may get charged the price of your books. All public schools are funded by local, state and government taxes. On the other hand class size is a major difference. Private schools control their enrollment, and their class is much smaller which makes the student to teacher ratio is better at a private school. There are fewer electives and extra-curricular activities at a private. Public...
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