The Legal Design Lab is an interdisciplinary team at Stanford Law School & d.school that develops a new generation of legal products and services. In September 2017, our lab hosted the one-day Law + Design Summit on how a design approach could improve the legal system. It focused on people who are already working on creative, user-centric ways to rethink legal services and processes. And we will organize a workshop to develop new strategies for the future. In addition to our student courses, the Legal Design Lab also works with legal organizations to train them in design thinking, develop new initiatives, conduct user testing, and plan how to bring innovation to their organization. Research on how new technologies, services, and policies can bring effective and ethical innovation to the legal system In this book, I advocate a design-driven approach to legal innovation. Design is the way to generate promising ideas on how to improve legal services and then develop them quickly and efficiently. I`m writing this book to counter the tendency to talk about legal innovation only in terms of technology. These discussions focus on increasing the efficiency of legal processes, automating human tasks by machines, and increasing productivity through better data and knowledge management. These discussions tend to leave out the concept of design, despite its wealth of methods, processes, tools, and mindsets that can lead to more successful, revolutionary, and intentional innovations (including those that use technology). A design-driven approach to innovation can focus our work on real, lived human problems. And it provides a clear set of processes, mindsets, and mechanisms that can structure our attempts at innovation – and give us a path forward, that helps us think more ambitiously, creatively about how to deal with the many frustrations, confusions, and frictions in the law.

This book focuses on how the legal experience could be improved – and how to launch new creative and experimental ideas to do so. Readers will learn the basics of the design process and how it is practiced in the legal field – and finally, how to learn and implement it in their organization. Design provides a clear, human-centered process for imagining what these best legal systems might be, and then developing and initiating interventions to make those changes happen. It offers intentionality in the face of a system that has been hacked and patched arbitrarily and without user testing. Design has the power to open up the world of law and make it more accessible, democratic and usable. We organize customized presentations and workshops for courts, law firms, legal services, legal aid groups, government agencies and foundations. Please contact us if you are interested in a workshop. We use human-centered design and agile development methodology to develop new solutions for legal departments. We conduct exploratory design work and empirical research to rethink how the legal system works. Users read each story and then report if there are any particular legal issues – is there a problem with family law? Housing law issue? Money and consumer issues? Once the stories have been ranked high, users report more specific issues – is there a divorce issue? Guard? Domestic violence? When Learned Hands users label posts, the app collects labels from multiple users to determine if there is consensus on the issues present in the posts.

This then forms a “tagged record”. The dataset can then be used to train machine learning models to automatically tag text to determine the existing legal problem. Gradually, as models learn labels, they can automatically identify high-level and specific legal issues from people`s stories. What can you expect concretely from this book? You can expect to train in design and be equipped with tools to revamp your current services or create new initiatives (or new organizations and startups). Learned Hands is a web application developed by the Stanford Legal Design Lab in collaboration with the Suffolk LIT Lab and with support from the Pew Charitable Trusts. The app creates a tagged record with stories of people talking about their legal problems. This tagged dataset can then be used to develop machine learning models + a natural language processing classifier that can automatically detect problems in people`s text. The app allows many lawyers, law students, and other members of the public to read people`s stories about possible legal issues (from the online forum Reddit/LegalAdvice, where people have consented and the stories are all anonymized). Mesmo que você não entenda nada de design e não se ache criativo (a), com o UX Doc você tem Templates de Legal Design para: A design-driven approach is not anti-technology. It needs technology as a resource, which we should include in our designs for innovation. Human-centered design can be just as much a driver of innovation as technology, if not better.

Design is not so much about the means by which new legal processes can be realized, but rather about the experience of the people who will apply those processes. Kevin was a Student Fellow as a Young Women Candidate at Stanford Law School. Its design and research focuses on redesigning the Internet as a portal for legal assistance and information for ordinary consumers. Prior to law school, Kevin spent three years in the Obama administration as a political commissioner at the U.S. White House and Department of Commerce, focusing on political communications and media relations. Prior to joining the government, he worked as a media strategist in Malaysia and as a political activist and fundraiser in New Hampshire, North Carolina and Massachusetts. This book is for people who want to do things differently in the world of law (and beyond). What the law is – and what our legal system is – is not what is in force. That is what people who use the system experience – as litigants, as criminal charges, as laymen trying to get legal aid.

And that`s what professionals who work in the legal system experience. Design offers an opportunity to rethink and improve people`s experience with the law. This means both from the layman`s perspective – who must navigate the legal system to deal with a problem or seek justice. And it also means from the lawyer`s perspective – the lawyer, the judge, the clerk, the paralegal and beyond. Our legal system does not have to be as it is. It can be clearer, more effective, more user-friendly and user-friendly. As the designated inventor of a number of patents, Jessica has a long history of developing and bringing new inventions to market. His current interests include inventing and developing technological solutions for IP lawsuits and litigation. In addition, Jessica researches innovation in law firms and works to reshape the firm for the 21st century. We can improve the world of legal services and practice through design.

When we talk about innovation (in the world) of law, we often find ourselves in one of two discussions. First, there`s resistance – with lawyers listing all the obstacles, why changes won`t happen, why they won`t happen, and what will prevent them. Or, alternatively, we find ourselves in a fog of technophilia – with lawyers and experts touting the wonders of technology, artificial intelligence and data, and how they will change (if not replace) our current world of legal services. People in one of these camps do not tend to talk to each other or find very constructive ways to bring together their radically different views on the future of legal services. Juan is a Chilean lawyer interested in creating transparent dispute resolution systems and leveraging ready-to-use solutions to build trust in legal institutions. He is currently a Master of Laws candidate at Stanford University and involved in cross-functional projects in the lab where technology can provide meaningful access to justice, from simple legal inquiries to legal aid in search engines to better ways to respond to legal complaints via SMS. Prior to Stanford, he worked as a research associate at the Center for Legal Studies at the Organization of American States. There is good experience of working effectively with governments to implement criminal and civil justice reforms in Latin America. In addition to his participation in the lab, Juan is a member of the Stanford Program in International Legal Studies with a grant from the Freeman Spogli Institute for International Studies in the Field of Procedural Justice and Trust in the Chilean Judicial System. He has also led creative writing workshops for incarcerated individuals in California as a member of the Stanford Prisoner Advocacy and Resources Coalition.

In addition, we organize quarterly innovation sprints in our laboratory. In these sprints, we train teams in user-centric design processes and help teams test, prototype, and plan a challenge they have presented. If your team would like to participate in an upcoming sprint, please write to us. Jessica is a writer, editor, and guest lecturer at Stanford University on a variety of topics related to patents, strategy, and design. We create flyers and posters that visually explain how to navigate complex court cases. We design them in partnership with the courts and judges. Developing new legal aid models that promote justice and access to the civil justice system Tom holds a J.D. from Stanford with a background in legal operations and business consulting. Prior to law school, Tom was a partner in legal operations at Google, where he led cross-functional projects focused on legal technology, knowledge management and process improvement.

Discrimination refers to treatment, consideration or distinction in favour of or against a person or thing based on the group, class or category to which that person or thing belongs, rather than on individual merit. Discrimination may be the effect of an established law or practice that grants privileges to a particular class or denies privileges to a particular class on the basis of race, age, sex, nationality, religion or disability. Federal law, including Title VII of the Civil Rights Act, prohibits discrimination in the workplace based on any of these characteristics. Other federal laws, supplemented by court rulings, prohibit discrimination in the right to vote, housing, loans, public education, and access to public facilities. State laws also provide additional protection against discrimination. The Genetic Information Non-Discrimination Act 2008 prohibits discrimination on the basis of genetic information and is enforced by the EOCC. State and local laws can also protect individuals from discrimination. For example, gays and lesbians, while not yet covered by federal civil rights laws, are protected in many cities by local ordinances prohibiting discrimination against individuals on the basis of sexual orientation. Minnesota, New Jersey, Rhode Island, Vermont, Wisconsin and other states have passed such laws — though some voters have tried to repeal them, with mixed results. Local anti-discrimination laws have been used to deny funding to groups that exclude members on the basis of their sexual orientation.

This was the case after the Supreme Court released its decision in Boys Scouts of America v. Dale, 530 U.S. 640, 120 S.Ct. 2446, 147 L.Ed.2d 554 (2000). The court ruled that the Boy Scouts of America (BSA), as a private organization, had the constitutional right to expel homosexual troop leaders and members of its ranks. Scouts hailed the victory as an important victory, but many businesses and local governments were upset by the decision. Today, most states have their own anti-discrimination laws equivalent to those at the federal level. For example, in the State of Texas, Title 2, Chapter 21 of the Labor Code prohibits discrimination in the workplace. Many of the mandates of this Texas law are based on Title VII of the Civil Rights Act of 1964, the federal law that makes discrimination in the workplace illegal. Federal and state laws prohibit discrimination against members of protected groups (see above) in a number of contexts, including: Consider your options: It may be best to resolve the situation informally by first talking to a supervisor or manager. Follow your employer`s grievance procedure, if applicable. Talk to your union representative or a member of the employer`s human resources department if you are not a union member.

You can also file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH), which will investigate your complaint free of charge and attempt to resolve the issue. If you file a complaint with one of these organizations, you should ask that they also “cross” your complaint with the other organization. You must file a complaint with the EEOC within 300 days of the last act of discrimination or harassment or with the DEFEH within one year of the last act of discrimination. (Note: Federal government employees must report to their organization`s Equal Employment Opportunity Office within 45 days.) If you do not file a complaint within these deadlines, you may lose your right to legal protection against discrimination or harassment. [1] The Black Lung Act prohibits the discrimination of minors suffering from “black lung” (pneumoconiosis) by minors. The Constitution does not directly restrict discrimination in the private sector, but the private sector is subject to a growing number of federal and state laws. To learn more about national discrimination laws, see our Legal Responses to Discrimination Act page. These state and federal laws prohibit employers from refusing to hire a candidate, terminating an employee, or changing other terms of employment (such as salary or benefits) if the reason for the action is that the employee or applicant is a member of a protected group. Discrimination can take many forms and does not even have to be intentional to be illegal. Two common types of discrimination against which the law protects are: “Unequal treatment”: This means that an employer intentionally targets a person or group of people for unequal treatment on an unlawful ground. For example, a victim of “unequal treatment” could be someone who: is denied a position or promotion because of their race; feeling insecure or humiliated by repeated remarks about women or people of colour by a supervisor or co-workers; being pressured by a supervisor to engage in sexual activity in order to maintain employment; threatened because of their sexual orientation.

“Disparate impact”: This term applies when an employer has a discriminatory policy or practice – although it does not select a protected group for different treatment – and that is not related to an actual workplace requirement. This type of discrimination does not have to be intentional to be illegal. Examples of such strategies or practices include: imposing lifting requirements on a job that does not actually need to be lifted (these requirements tend to exclude women or people with certain disabilities); a written test that excludes almost all non-white people and is not tied to job requirements; Employees are prohibited from speaking a language other than English at all times while working. Not all types of discrimination violate federal and/or state laws that prohibit discrimination. Some types of unequal treatment are perfectly legal and cannot form the basis of a civil rights process alleging discrimination. The following examples illustrate the difference between legal and unlawful discrimination: You may be familiar with the word “discrimination.” But do you know what that really means? And do you understand how that applies in the context of your work? The Don`t Ask, Don`t Tell Repeal Act of 2010 allowed openly gay, lesbian, and bisexual Americans to serve in the armed forces without discrimination. The American with Disabilities Act (ADA) was enacted to eliminate discrimination against persons with disabilities. It prohibits discrimination on the basis of physical or mental disability by employers engaged in interstate commerce and state governments. The nature of the prohibited discrimination is broader than that expressly described in Title VII. The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, promotion, compensation, training, and other employment conditions and privileges. It applies to recruitment, advertising, employment, dismissal, vacation, benefits and all other employment-related activities. State laws also provide comprehensive protection against discrimination in the workplace.

Some laws provide employers who are not covered by these laws with protections similar to those offered by federal laws. Other statutes provide protections for groups that are not covered by federal laws. Laws enforced by the EEOC protect you from discrimination in the workplace if they include: The EEOC interprets and enforces the Equal Pay Act, the Age Discrimination in Employment Act, Title VII, the Americans with Disabilities Act, sections of the Rehabilitation Act, and other laws. The Commission was established by Title VII. 42, Section 2000e-5 contains its implementing provisions, and Title 29 of Part 1614 of the Code of Federal Regulations contains its rules and guidelines. State laws also provide comprehensive protection against discrimination in the workplace, with some laws extending protections similar to federal laws to employers who are not covered by those laws. Other statutes provide protections for groups that are not covered by federal laws. A number of state laws provide protection for persons who perform civil or family functions outside their normal employment. Most laws prohibiting discrimination and many legal definitions of “discriminatory” acts come from the federal level: in 1990, Congress passed the American with Disabilities Act to eliminate discrimination against persons with disabilities. It prohibits discrimination on the basis of physical or mental disability by private employers, state and local governments, trade unions and employment agencies.

The AD Agreement prohibits discrimination in the broad sense of that expressly described in Title VII. Municipalities within states (such as cities, counties, and municipalities) may enact their own anti-discrimination laws or ordinances, which may or may not be similar to the laws of the state itself. For example, a city may pass laws mandating national benefits for municipal employees and their same-sex partners, even if such a law does not exist at the state level. Federal and state laws prohibit an employer from discriminating against employees or applicants who are members of a protected group during hiring, termination, compensation, or other terms and conditions of employment. However, these laws only apply if the employer has at least the number of employees listed below: Although gender discrimination is included in Title VII of the Civil Rights Act of 1964, a number of other federal statutes also prohibit sex discrimination.

A new format called MP3 (Motion Picture Experts Group-1 Audio Layer 3), which can compress and store high-quality digital music in one-tenth of the space where a CD can store it, has recently had significant legal consequences in the entertainment industry. Access to this digitized music is widespread and growing rapidly. Electronic distribution and digitization of music has the potential to drastically reduce royalties paid to artists. Some rights include the right to personal security; Things like assault and assault are considered crimes because they violate the right to privacy. People can extend this to applying for protection orders to prevent dangerous people from entering, prosecuting people who threaten them without causing physical harm, and prosecuting people who endanger their personal safety. The law firm claimed it did nothing illegal or unethical in representing Joel, saying he was hired by Joel only to negotiate contracts, not to oversee Joel`s manager`s business ventures. In addition, the company claimed that Joel made millions of dollars from his recording contract, evidence that his advice during negotiations with the label was not affected by the company`s relationship with Sony. Personal rights are the rights a person has over their own body. In the Merriam-Webster dictionary, personality rights are defined as “rights (relating to personal safety, personal liberty and private property) belonging to the person.” [1] Personal rights include the related rights to protect and secure the body, which are clearly protected by the offences of bodily harm and bodily harm. In addition, aspects of personality such as a person`s reputation and honour are protected by the criminal act of defamation, legislation protecting the privacy of individuals and freedom of movement. Often, a rights contract is combined with a personal service contract. The contract often states that any work created by the artist during the term of the contract is considered a rental work. The company with which the artist has a contract often automatically acquires ownership of the copyright in a rented work.

For a rental work to exist, the artist must either be an employee of the company or create the work under a valid written agreement – and even then, the work must belong to a few specific categories defined by copyright. I think reality shows really hurt the people who participate in these shows because most of them are publicly ridiculed and, like ordinary celebrities, all their actions and personal agreements become news for everyone. I think my private life is too precious to give up a few moments of glory. “Personal Law”. Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/personal%20right. Retrieved 6 November 2022. In April 2000, heavy metal rock band Metallica sued Napster for copyright infringement. Several universities have also been named in this lawsuit. Metallica claimed that these universities were infringing Metallica`s music copyrights by allowing their students to access Napster and illegally exchange songs via the university`s servers. A number of universities had already banned Napster before April 2000 because they feared possible copyright infringement and/or because Internet traffic was slowing down university servers. Yale University, named in the lawsuit, immediately blocked students` access to Napster. Artists generally do not have the resources to produce, market and distribute their goods or services.

Instead, they need to find a suitable entertainment company to do so. Entertainment producers (p. e.g., book publishers, record labels, film studios and theatres) often invest a great deal of time and money in promoting and selling artists` talent or products to consumers. Most artists will not make a profit for their producer. However, a few will earn huge sums. To ensure that profit-making artists stay with the company, producers use personal service agreements to retain artists for a period of time, during which time producers try to recoup their investment in the artist, make a profit, and cover the losses of underperforming artists. Contracts with intermediaries Successful artists are surrounded by many people responsible for promoting and protecting their careers. Unknown artists use the services of these intermediaries to help them make themselves known to more powerful figures in the entertainment industry. Intermediaries have different names and functions, but all serve to promote an artist`s visibility and success in the industry. For this service, they usually take a percentage of an artist`s income or a portion of the artist`s ownership rights to the artist`s creations. Personal service contracts The personal service contract is a major legal instrument in the entertainment industry.

She would join him a week later, after he had time to spy on the country and forge his nefarious plans for a sham wedding. Have you ever been curious about the definition of harmful? This guide gives you all the information you need about the word harmful, including definition, etymology, usage, sample phrases, and more! The word harmful can be used in different ways to describe something that is bad, bad, or morally reprehensible. In this example, Jessa and Frida`s high school girlfriend have just been arrested for human trafficking. They are shocked when they hear the news. He said his suspicions of a nefarious end were related to the absence of an abandoned car in the area, as well as the absence of reports of missing hikers or missing people in the area lined up with the body. Malicious, malicious, unjust, harmful, corrupt, degenerate means highly reprehensible or offensive in its character, nature or behavior. Evil can resist directly virtuously, involving moral depravity, or can mean vicious, cruel, or destructive violence. A vicious evil gangster refers to any evil, depraved or vile behavior or characteristic. An evil attack on injustice involves the absence of any sign of justice or fairness.

A shameful tax system indicates a flagrant violation of the laws and behavioral traditions enshrined in time. The infamous organized crime thugs emphasize a loss of moral integrity or integrity that leads to the betrayal of principles or sworn undertakings. City Hall was full of corrupt politicians who had escalated into a particularly vicious or exasperated state. A degenerate regime backed by foreign powers If the government had not shamefully intervened, this could not have happened. There, if his eyes did not deceive him, there was evidence of mortar removed from the infamous toes. Here, Lucy and her mother both use the term nefarious to describe the actions taken. According to Etymonline, the word harmful has been used since 1600 to mean evil in the extreme. The word harmful comes from the Latin nefarius, which means evil or abominable. It comes from the root of nefa, which means a crime, wrongdoing, or impiety. Nefas does not come from the prefix ne with meaning, which comes from the proto-Indo-European prefix of the same spelling and meaning.

Has not been attached to the root, which means just or legitimate. This is related to the root fari, which means to speak. It comes from the Proto-Indo-European root bha, which means to speak, say or say. Words related to harmful are the harmful adverb and the harmful noun. There are many words that have the same meaning as the word harmful. These are called synonyms. Synonyms are very useful for whether you want to expand your English vocabulary or if you want to avoid repeating yourself and using the same word over and over again. This list of synonyms for the word harmful is provided by Thesaurus. Sometimes politicians reject reforms for shameful reasons – for example, to protect a special interest or a major donor. And then it is very likely that it will not be found at all; Someone shamefully won in the meantime. Ruchlos comes from the Latin nefas “crime, impiety”. If something is wrong, it is criminal, bad, vicious and bad.

When you think of superheroes, you may remember the meaning of the word, but it is often used in much less exciting circumstances. Journalists investigate corrupt politicians to expose nefarious activities. And if you don`t pay for your downloaded music, you`ve gotten it in a harmful way. The word harmful also exists in many other languages. You may notice that some of the following translations resemble or are related to the English word nefarious. This is because both words have the same origin in Latin. Many languages, such as the Romance languages, have Latin roots and therefore sometimes resemble certain words in English that also have Latin roots. This list of translations for the word harmful is provided by Word Sense.

Some were even arrested again for the same nefarious purpose, and the dailies published their names at every opportunity. But Green-Wood is more famous for its infamous residents, who peddle, politically cheat, and hitmen. There has never been solid evidence of such a threat, but it has nonetheless been effective in portraying immigrants to the United States in a more nefarious light. The Arabs offered the Nazis refuge as well as a market for all their infamous deals with weapons and black market currency. Hull belonged to Hull and refused to give up even an acre of land he had so shamefully acquired. Overall, the word harmful is an adjective that means extremely bad or bad. This word can be used to describe many different things. This word is of Latin origin and also has an adjective, harmful form, and a noun form, harmful. While nefarious software plagues ecommerce sites year-round, so-called “Grinch Bots” are especially active during the holidays, grabbing the hottest gifts of the season. This is not something that can be blamed on Wall Street greed and the infamous tinkering of a private equity firm. Frida: Yes. For trafficking in human beings.

I mean, I always knew Tom had a penchant for sneaking around the rules and sneaking in, but I never thought he`d use those skills for nefarious purposes. So this is what Bond did artificially in the absence of a real cause and to conceal his own nefarious objects. Government backers have warned that a narrow interpretation of the Computer Fraud and Abuse Act 1986 could protect those who access and disclose trade secrets or use the information for nefarious purposes. I had indeed gone so far that I shamefully tried to use their services. If you think the influx of links is actually the result of nefarious intent, you have a few options to repair the damage and hopefully before Google penalizes your site. Describe a person`s actions as harmful if they are bad or bad. Batman and Superman are still fighting the evildoers and stopping their nefarious conspiracies. Williams said he has become increasingly aware of what he believes to be deliberate efforts by nefarious actors to cross the site`s boundaries. The US cannot ignore China`s malign behavior in Hong Kong or Xinjiang, adventurous actions in the South China Sea, or illegal business practices.

The heart of the alleged mystery focuses on what the site calls a “drop and roll” process, a name that ties two different data issues together because the term “drop and roll” makes it more harmful. It was not built by Green, but by a former owner of the farm who worked in the same nefarious company. According to the Merriam-Webster Unabridged English Dictionary and the Cambridge Dictionary, the word harmful (pronounced nɪˈfɛər i əs) is an adjective that means morally evil or false.

In contrast, real estate is defined as land on, above and below the earth`s surface, including everything permanently attached to it, whether natural or artificial. So, while land only includes elements that are intrinsically permanently connected, real estate includes all man-made and permanent improvements to the land – such as roads, utilities, sewers, fences, and buildings. In countries where there is personal ownership of real estate, civil law protects the status of real estate in real estate markets, where real estate agents operate in the market for buying and selling real estate. Scottish civil law calls immovable property “inherited property”, and French law calls it immovable (“immovable property”). For an introduction to the economic analysis of real estate law, see Shavell (2004) and Cooter and Ulen (2003). For a collection of related scientific articles, see Epstein (2007). Ellickson (1993) expands the economic analysis of real estate with a variety of facts drawn from history and ethnography. Land use, land valuation and the determination of landowner income are among the oldest issues in economic theory. Land is an essential input (factor of production) for agriculture, and agriculture is by far the most important economic activity in pre-industrial societies. With the advent of industrialization, important new uses of land emerged as locations for factories, warehouses, offices and urban agglomerations. The value of real estate in the form of artificial structures and machinery also increases relative to the value of land alone.

After all, the concept of real estate effectively encompasses all forms of tangible investment capital. With the rise of the extractive industry, real estate encompasses natural capital. With the rise of tourism and leisure, real estate includes picturesque and other amenities. The land and all the things that go with it. Anything that is not property is personal property, and personal property is anything that is not nailed, buried or built on the land. A house is a property, but a dining room is not. The death of a co-owner of a tenant in joint deed (TIC) has a hereditary share of the estate proportional to his share of ownership, which is deemed equal among all tenants, unless otherwise specified in the deed of transfer. However, when ICT properties are sold or divided, some states, provinces, etc.

can be automatically credited for unequal contributions to the purchase price (as opposed to splitting a JTWROS act). This simple concept covers a wide range of different legal disciplines. First, real estate can be residential or commercial. It can belong to one person but be used by another through rental agreements. Land can be bought or sold, and due to its high value, there are many local laws that ensure that real estate transactions are properly carried out and recorded. Land may also be transferred between family members as part of estate planning or may be owned by more than one person. If you have any questions or disputes related to real estate, you may need to seek advice from a real estate attorney. Your lawyer can help you take legal action if necessary and represent you at formal court hearings.

In addition, your lawyer can give you valuable legal advice that can help you resolve your problem. Real estate is land, including any man-made or natural features permanently associated with it, above or below, such as a house, building, tree or minerals. Personal property such as vehicles is not real property. The owner of a property has real property rights. Beginning in the 1960s, economists and jurists, in the emerging legal and economic field, began to study the property rights of tenants between different estates, as well as the economic benefits and costs of different estates. This has led to a much better understanding of: real estate can be jointly owned with multiple tenants, through schemes such as condominium, housing co-op and construction co-op. English law has retained the distinction between immovable and personal property, while civil law distinguishes between “movable” and “immovable” property. In English law, real estate is not limited to the ownership of real estate and the buildings on it – often referred to as “land”. Real estate also includes many legal relationships between individuals or landowners that are purely conceptual in nature. One of these relationships is easement, where the owner of a property has the right to pass on a neighboring property. Another is that of various “intangible inheritances”, such as profits to be taken, where one individual may have the right to take crops from land that is part of another`s domain. In a living certificate or JTWROS roommate, the death of a tenant means that the surviving tenants become the sole owners of the estate.

Nothing passes to the heirs of the deceased tenant. In some jurisdictions, the specific words “with the right to survive” must be used, or the tenancy is presumed to be a joint tenant without survivor rights. Co-owners always take a JTWROS deed in equal shares, so each tenant must own an equal share of the property, regardless of any contribution to the purchase price. If the property is sold or divided one day, the proceeds must be distributed evenly without giving credits for any surplus where a co-owner has contributed to the purchase of the property. The terms “real estate” and “real estate” can be used interchangeably. In addition, real estate can include not only land, but anything permanently inside or below the country. This can include oil, gases, and minerals found underground. Another term for real estate is “local”.

The mere inclusion of products in the “trade flow” is not sufficient to establish minimal contacts with the countries where the products end up. The defendant must endeavour to market in the State of the court seised or otherwise to use in a targeted manner the resources of that State. [12] However, since only four of the nine Supreme Court justices agreed that a defendant must do more than put its products into a “trade flow,” some lower courts still hold that it is appropriate for a court to exercise its personal jurisdiction. LawInfo.com National Directory of Law Societies and Legal Resources for Consumers At FindLaw.com, we pride ourselves on being the leading source of free legal information and resources on the Internet. Contact us. For personal competence – A person must have a minimum of contact with a state Are you a lawyer? Visit our professional website » The necessary contacts that a party must have in order for a State to assert personal jurisdiction may vary depending on the relationship between the contacts and the claim made against that party. There is general jurisdiction where a court of a particular State has jurisdiction over a defendant in that State, irrespective of the nature of the action; However, if it is claimed that the State has jurisdiction over a defendant because the defendant`s activities in that State gave rise to the action itself, that would be a special jurisdiction. FindLaw.com Free and reliable legal information for consumers and legal professionals The Supreme Court has ruled that the mere fact of owning property in a state is not sufficient to provide a court with a minimum of contact to hear cases unrelated to that property. [15] However, the immovable property alone is a sufficient point of contact for a court competent in that geographical area to hear claims relating to ownership of the property or infringements occurring there. In this case, the jurisdiction exercised by the court is called real jurisdiction (i.e. jurisdiction to hear the case) and not personal jurisdiction. Since the need for minimal contact is a matter of personal jurisdiction (the power of the court to hear the application in respect of a particular party) rather than substantive jurisdiction (the power of the court to hear such an application in the first place), a party may expressly or implicitly waive its right to oppose the court seised.

Minimum contacts may be established by consent when a party signs a contract with a choice of jurisdiction clause and agrees to plead before a particular forum. [6] Abogado.com The Spanish Consumer Legal Website #1 To determine whether a state court has jurisdiction over an out-of-state defendant, the court will apply a test known as “minimum contacts.” This test was first used in 1945 in International Shoe Co. v. Washington, and later developed in later cases, essentially asks whether the defendant engaged in such activities that could reasonably lead to an expectation of prosecution in that State. Subscribe to America`s largest dictionary and get thousands of other definitions and an advanced search – ad-free! The Supreme Court used a defamation case to illustrate the principle that the exercise of a State`s jurisdiction over an intentional perpetrator outside the State must be based on intentional conduct on the part of the defendant who creates the necessary contacts with the Forum. In Calder v. Jones, a Californian actress, sued a journalist and editor who worked for the National Enquirer in Florida for defamation based on an article written and edited in Florida to be published in a weekly newspaper with a California circulation of about 600,000. California`s exercise of jurisdiction in this case did not violate due process, as California was at the center of the story and the harm suffered. For example, the defendants relied on phone calls with California sources, wrote the history of the plaintiff`s activities in California, and caused reputational damage in California by writing an allegedly defamatory article that was widely circulated in California. The Supreme Court concluded that the reputational effects of the alleged defamation were binding on the defendants to the State of California itself and not just to the plaintiff.

Since disclosure to third parties is a necessary part of defamation, the defamation actually “took place” (at least in part) in California, the place of publication. The damage to the plaintiff`s reputation in the eyes of the California public linked the defendant`s conduct to the state, not just to a person who lived there. This linkage, combined with the facts that gave the article a California focus, made jurisdiction appropriate. For example, if a Florida orange grower violated a promise to deliver a bushel of oranges to a buyer in Alabama, the breach of that agreement would be sufficient for the Alabama courts to assert jurisdiction, even if the Florida grower had no other contacts with Alabama and had never set foot there. The mere interlocutor of a promise to deliver something to a State is sufficient to give the State jurisdiction over disputes arising from the breach of that promise. (The mere existence of a contract is not enough to establish a specific jurisdiction — Burger King Corp. v. Rudzewicz — something else is needed, perhaps if there had been subsequent deliveries.) On the other hand, if the Florida orange grower in Alabama were to be sued for a matter other than this contract, the court would have to decide whether it could exercise general jurisdiction.

In practice, a court acquires personal jurisdiction over the plaintiff when she brings the action. For example, does the defendant have contact with citizens of the forum State? If so, are they simply isolated and incidental, or are they regular and important? Does the defendant carry on his activity in the State of the court seised? Is the defendant doing anything to reap the benefits of living or working in Forum State? Let us assume that a defendant technically committed the offence in a State, but otherwise has very little contact or connection with the State. For example, Dave makes a product in Georgia and ships it to California. The product is defective and injures the buyer. Dave caused technical damage in California, but has no contact with the state. Are there enough minimal contacts for the California court to exercise jurisdiction over Dave? Minimum number of contacts is a term used in U.S. civil procedure law to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant in another state. The United States Supreme Court has ruled on a number of cases in which the principle has been established and has clarified that it is unfair for a court to assert jurisdiction over a party unless that party`s contacts with the State in which that court is located are such that the party “may reasonably expect that: to be tried in that state.[1] This case law must not “violate traditional notions of fair play and substantive justice”. [1] A non-resident defendant may have minimal contact with the State of the court seised if he (1) has direct contact with the State; (2) have a contract with a resident of the State; [2] (3) have placed their product in the commercial chain in such a way that it reaches the state of the forum; [3] 4) seek to serve residents of the Forum State; [4] 5) have passed the Calder effects test; [5] or 6) posted a non-passive website in the forum status. A court may be able to lawfully serve a subpoena on a defendant who is out of state if one of the following conditions is met: Note: In most cases, minimal contacts are demonstrated through ongoing, targeted contacts with the state, usually for commercial purposes. The minimal contact test is a balancing test aimed at reconciling the totality of a defendant`s contacts with the forum State (or its citizens) with equity, forcing the defendant to travel to the forum State to defend itself against a legal action in that State.

So the next time you interact with people in another state, ask yourself if your actions could put you on trial there, and govern yourself accordingly. Under the Federal Rules of Civil Procedure, a party who wishes to object to the court`s jurisdiction must first sign a clause stating that they agree on the matter and will comply with any laws/rules imposed by the state and/or country, or loses the opportunity to raise such an objection. In addition, a court may require a party to prove that its contacts do not reach the level that would allow it to have jurisdiction. The Supreme Court has held that if a party refuses to comply with such a request, it may consider that it has waived its right to object to jurisdiction. [7] The FindLaw Legal Dictionary — free access to over 8260 definitions of legal terms. Search for a definition or browse our legal glossaries.

The crime of stalking occurs when a person acts in a way intended to annoy, provoke, threaten, or otherwise cause emotional distress to another person. This can include harassment, hate crimes and cyberbullying. Each case of harassment depends on their own situation, and it can be difficult to determine whether a person`s behaviour constituted harassment or was simply insensitive or thoughtless. Many people simply don`t get along, but sometimes one person deliberately threatens or intimidates another. Such behaviour can result in criminal charges of harassment. (b) given by a person whom the actor knows is not legally authorised to act on behalf of the owner; If you have experienced sexual harassment in Louisville, you should contact an attorney as soon as possible. With the help of a legal expert, you can ensure that your authors suffer real consequences for their actions. Harassment can be a civil or criminal act, but you always have the right to take legal action. No matter where or under what circumstances your harassment occurred, your lawyer can guide you to a positive outcome. Book your consultation today.

Result: The court partially upheld it, partially annulled it and partially cleared it/in pre-trial detention. The court ruled that the plaintiffs had not made a viable claim to IIED because they were arbitrarily employees, and their claims that their supervisor had invented an excuse to fire them in order to save his own job did not constitute “outrageous” behavior. The court also upheld the jury`s verdict, which found that the plaintiffs had a valid defamation claim because it found that the supervisor`s statement that the plaintiffs` dismissal “involved more” than the candy theft could reasonably be interpreted as an allegation that the plaintiffs had stolen items in addition to the candy allegations.1 However, The Tribunal concluded that: the plaintiffs` request for wiretapping was dismissed because they could not prove any damage resulting from unlawful surveillance. the party of the superior defendant. Although the plaintiffs framed their listening as an “invasion of privacy,” the court interpreted it as KRS 526.060.2 Kentucky also has various harassment laws. If you lay charges against an offender under these laws, they will be prosecuted. For example, Kentucky has a law against “harassing communications.” It is when a person uses written, telephone or digital communications to intimidate, harass, annoy or alert another person. A considerable part of this law is devoted to communication between students that aims to humiliate or humiliate. For this reason, the law is considered by many to be a cyberbullying law.

If someone is convicted of harassing communications, they face a Class B offence. The central defense in a harassment case often focuses on “lack of intent.” Since each of the different types of harassment must be accompanied by a specific intent to harass, annoy or disturb, the defence will focus on whether the acts were committed accidentally or unknowingly, but in the context of a legitimate conversation. In addition, it is possible to be charged with the offense of harassing communications primarily related to attempting to harass, annoy, or alert a person by telephone, Internet, U.S. mail, or any other type of written communication. This includes harassing phone calls where no one is talking. In fact, cyberbullying can be prosecuted under the Kentucky Harassment Act if the alleged bully performs two or more acts that seriously alarm or annoy the victim and serve no legitimate reason. Harassment through physical contact and harassing communication are Class B offences punishable by up to 90 days in jail and a fine of up to $250. Harassment without physical contact is an offence punishable only by a fine. If you or a loved one has been accused of assaulting another person in Kentucky, defense attorneys and Dan Carman`s attorneys can help. Everyone has the right to fair treatment before the law, regardless of the crime of which he or she is charged. Our team ensures that you receive competent and experienced legal representation. The First Amendment protects free speech and can provide a defense against certain allegations of harassment.

However, freedom of expression is not an absolute right, and it is not always easy to determine whether a particular communication constitutes freedom of expression or crosses the line of criminal behaviour. Other possible defences include proof that the questionable act or communication served a legitimate purpose, that the alleged harassment was an unintended consequence of the defendant`s actions, and that a reasonable person would not have been alarmed by the defendant`s conduct (the victim was hypersensitive). There are also procedural defenses, such as forced confessions, improper reading of Miranda`s rights, invalid search warrant, or denial of the right to counsel. It should be noted that, in many cases, workplace harassment can include both criminal charges and civil lawsuits. For example, if a stalker sends sexually inappropriate text messages to a colleague after being repeatedly asked to stop, they could potentially be prosecuted under Kentucky`s sexual harassment laws and charged with “harassing communications.” The following definition applies in this chapter, unless the context otherwise requires: (1) A person who bullies, harasses, invents or alerts another person with the intent to, Harassment is a confusing form of charge.

Historically, the word defenestration referred to an act of political dissent. In particular, the defenestrations of Prague in 1419 and 1618 helped trigger a protracted conflict in Bohemia and beyond. Some Catholics attribute the survival of those defended at Prague Castle in 1618 to divine intervention. Subscribe to America`s largest dictionary and get thousands of other definitions and an advanced search – ad-free! The word itself derives from the neo-Latin defenestratio; where dē means “out” and fenestra means “window” + -atio as a suffix indicating an action or process. The internet loves these words – whether they are in the dictionary or not. Joshua Stamper`s 2006©theme music New Jerusalem Music/ASCAP Today, defenestration – from the Latin fenestra, meaning “window” – is often used to describe the forced removal of a person from a public office or other advantageous position. However, the most famous defenestration in history was the one where throwing out the window was literal. On May 23, 1618, two imperial regents were found guilty of violating certain guarantees of religious freedom and thrown out the window of Prague Castle. The men survived the fall 50 feet into the trench, but the incident marked the beginning of Bohemia`s resistance to Habsburg rule, which eventually led to the Thirty Years` War and became known as the Prague Defenestration (this was the third historical defenestration in Prague, but the first known to be so called by English speakers). “Defenestration”.

Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/defenestration. Retrieved 11 October 2022. Reference works from the Dictionary of Tennis, International Politics and Law Can you the former winners of the National Spelli. Defenestration (from the neo-Latin fenestra[1]) is the act of throwing someone or something out of a window. [2] The term was coined at the time of an incident at Prague Castle in 1618, which became the spark that ignited the Thirty Years` War. This was done in the “good bohemian style” and referred to the defenestration that had taken place almost 200 years earlier (July 1419) at the Prague City Hall and which also led to the Hussite War on this occasion. [3] The word comes from the new Latin[4] de- (bottom of) and fenestra (window or opening). [5] These sample sentences are automatically selected from various online information sources to reflect the current use of the word “defenestration”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors.

Send us your feedback. In a broader sense, the term is also used to describe the forced or forced expulsion of an adversary. [6] The term comes from two events in history, both of which occurred in Prague. In 1419, seven city officials were expelled from City Hall, triggering the Hussite War. In 1618, two imperial governors and their secretary were expelled from Prague Castle, triggering the Thirty Years` War. [7] These events, especially that of 1618, were called the Prague Defenestration and led to the term and concept. Self-defenestration (or self-defense) is the term used for the act of jumping, drifting or falling from a window.

The term legal review generally refers to a process in which billing practices and policies are analyzed for inaccurate, ineffective, or abusive legal settlements. For this process, an accounting firm typically reviews a law firm`s records for issues that may mean the firm is not complying with billing standards. In some cases, however, the term legal review has a different meaning. It is sometimes used to refer to a process by which a company`s risks are identified and analyzed, with the aim of using the information to minimize the company`s risks in the future. This type of legal review is sometimes referred to as the company`s health check. Typically, a law firm billing audit includes a review of the firm`s legal accounting records not only for errors and overbilling, but also for duplicate billing for the same work. It can also look for non-billable expenses to bill customers. Typically, this type of monitoring is done not only to uncover issues, but also to promote improvements in billing policies. Almost all companies undergo an annual audit of their financial statements, such as the income statement, balance sheet and cash flow statement.

Lenders often require the results of an annual external audit as part of their debt agreements. For some companies, audits are required by law because of compelling inducements to intentionally distort financial information in order to commit fraud. The Sarbanes-Oxley Act (SOX) of 2002 also requires publicly traded companies to receive an assessment of the effectiveness of their internal controls. External auditors follow a different set of standards than the company or organization that hires them to perform the work. The biggest difference between an internal auditor and an external auditor is the concept of external auditor independence. When audits are performed by third parties, the resulting auditor`s opinion on what to audit (a company`s finances, internal controls, or system) can be open and honest without affecting day-to-day working relationships within the company. A company`s legal review process may include on-site meetings and the review of a number of relevant documents. Often, this type of legal review includes written documentation of the results of the review. It may also include an estimate of how much the company is likely to need to spend to resolve issues identified during the audit. Audits conducted by external parties can be extremely helpful in removing bias in examining the state of a company`s finances.

The purpose of auditing the financial statements is to determine whether the financial statements are materially misstatement. An unqualified or well-founded audit opinion gives auditors peace of mind that financial data is both accurate and complete. External audits therefore enable stakeholders to make better and more informed decisions about the audited company. An audit is a legislative review of the accuracy of a company`s or government`s financial statements and records. The purpose of an audit is to determine whether an organization provides a fair and accurate representation of its financial position by examining information such as bank balances, accounting records, and financial transactions. A legal review of a business that is not a law firm may include an analysis of current operations, strategies, assets, and legal structures. It may also include reviews of documentation procedures as well as employee policies. Often, this type of audit is designed to analyze a company`s legal needs and determine what those needs might be in the future.

Similarly, it can be used to assess changes in legal requirements and new risks that may arise from changes in policies, objectives or business structures. In 2011, Forbes published an article on excessive legal fees[5] in the Madoff litigation. In 2006, Stuart Maue stated that it had conducted the largest legal review recorded in the OxyContin litigation, which invoiced and reviewed claims for attorneys` fees and expenses in the amount of more than $400,000,000, with the negotiated final settlement resulting in a reduction in the total invoice amount of $200,000,000. [4] The purpose of a financial audit is often to determine whether funds have been properly managed and whether all required files and submissions are accurate. At the beginning of an examination, the examining body announces the files required for the examination. An audited company collects and provides the requested information so that auditors can perform their analysis. If inaccuracies are detected, corresponding consequences may follow. Best practices include ensuring that the correct legal representation title, paralegal or partner, performs a specific task. Legal examiners conduct a detailed analysis of original time records, production of legal documents, expenses, and hourly reference rates.

The purpose of the statutory audit is to save money for the insurance company and its customers. Many audits measure the performance and quality of services in addition to cost. Legal project auditors may be tasked with monitoring the progress of the case in order to give a second opinion in significant cases or in the form of an autopsy. Legal audits offer insurance companies and their clients peace of mind and prevent possible future mistakes. [ref. needed] When an accounting firm conducts a legal audit, it can not only ensure that the fees charged by a firm are reasonable and up to standard, but also that the firm has actually done the work it charged its clients. Similarly, an accounting firm usually checks the documentation of expenses it has invoiced. Most clients trust law firms to be honest with fees and minimize errors. Sometimes, however, legal audits have revealed glaring errors and systematic overcalculations. In this way, legal audit firms provide valuable services. Statutory audits apply mainly to listed companies, government agencies and organizations that work in the public interest. In North America, private corporations are generally exempt from publishing or auditing their financial statements.

Generally excluded enterprises include non-public enterprises and small enterprises below a certain size. Some countries and experts doubt that this is necessary. For them, audits force honest organizations to spend time and money just to prove their innocence and remove resources that could be better spent. In an ideal world, this theory would hold water. The sad truth, however, is that not everyone is honest; Third-party audits are sometimes the only way to have peace of mind. The selection of the IRS exam is typically done using random statistical formulas that analyze a taxpayer`s return and compare it to similar returns. A taxpayer may also be selected for an audit if they are dealing with another person or corporation in respect of whom tax errors were discovered during the audit. A systematic review of financial or accounting records by a specialized inspector called an auditor to verify their accuracy and veracity. A hearing where financial data is reviewed for authentication purposes. Audits help not to mislead people.

They determine whether an organization gives a true and fair view of its financial performance, which is critical to shareholders and everyone else involved in its performance. Not all companies have to undergo legal audits. Audited entities include public companies, banks, brokerage and investment firms, and insurance companies. Some charities are also required to carry out statutory audits. A final audit is a formal audit of an organization`s financial records by an external body. It seeks to determine whether the subject`s financial statements and records are accurate and whether it is not voluntary. The Booth School of Business at the University of Chicago.

The courts will consider a variety of factors when determining omission and detour: To understand omission and detour, you must first understand a legal concept called vicarious liability. The concept is rooted in an employment relationship where one person employs another person, so that the employee becomes the employer`s representative. An employer is liable, on behalf of its employees, for the unintentional criminal acts of its employees. Similarly, a client is liable for unintentional criminal acts committed by a representative. This rule applies to partners in a partnership who act as agents for each other and hold each partner liable for any unintentional tort committed by other partners while working for the benefit of the business. A Frolic represents a situation that absolves employers, customers and partners of this responsibility. Comparatively, a detour always allows a judge or jury to assess the employer`s liability, since the representative/employee`s actions are not considered to go so far beyond the field of employment that the employer/client is exempt from liability without an objective assessment. In judgments dating back more than 200 years, judges have used the term “own turbulence” to describe acts that are considered out-of-the-job acts and therefore not vicariously liable to the employer. Determining whether an employee or representative was making a detour does not relieve the employer or client of its own liability for negligence. Thus, if an employer negligently allowed an employee known to be a reckless driver to use a company car or who should have been known to use a company car with a basic level of investigation reasonable to most employers, the employer is liable for injured persons if the employee causes a car accident, even though the employee was boiling at the time. If tortious conduct were characteristic of the task assigned, it is less likely that a court would find a way out and a detour. For example, if the employer`s business is a trucking company and the employee is a truck driver who injures someone by pulling his assigned truck out of a parking lot, even if he or she ran a personal errand, a court could very well find that there was no venting and detour. Factors relevant to determining whether a person has made a detour or detour in certain circumstances include, but are not limited to, the following: The expression comes from Joel v.

Morison, an English case from the 1800s, which clarified that a master is responsible for the actions of a servant in a master-servant relationship (now called a labour relationship), in which an attendant makes a “detour” when acting in the course of employment, but is not liable if an attendant undertakes “his own fall” that is beyond the scope of the job. The terms Frolic and Detour are cited again in cases such as O`Connor v. McDonald`s Restaurants, which invoke the respondent`s superiority doctrine to assess the extent of an employer`s liability for an employee`s actions under tort law. A decision of omission and detour usually involves the court asking certain questions. Generally, courts consider whether the conduct was of the same general nature as the type of activity for which the employee was hired or whether it was ancillary activity. A Frolic occurs when an employee or representative makes a serious deviation from the required service provided by their employer or client. For example, an employee would have to deliver a package to a post office. During their journey, they go to a grocery store and pass a pedestrian in the store`s parking lot. The trip to the branch was so outside the employee`s skills that it amounted to a rampage.

An employer is not liable for the employee`s actions during the disturbance because it is not reasonably foreseeable to the employer that the employee would have been in the grocery store parking lot. Lord Denning held before the Court of Appeal that the right to subrogation exists only as a just remedy and that it is therefore for the court to decide whether or not such a right exists (i.e. it is not an absolute right). In the circumstances of this case, she found that it was not fair and equitable for the cleaning contractor to have the right to bring an action (on behalf of Ford) against the negligent employee. He said the doctrine of subrogation could not be used in this case to hold the Ford employee personally liable for his negligence. He called the decision in Lister v. Romford Ice “unfortunate” and noted that its “negative effects” had only been avoided by an agreement between insurers not to implement it. As a result, thanks to Lord Denning and the voluntary agreement of insurers, employees will generally not be personally liable for damages caused by their negligence. Of course, vicarious liability is a general rule, and in the legal world, almost every rule has an exception. Exuberance and detour are this exception.