Law

Law

1. Definition

   • System of rules that a society or government develops in order to deal with crime, business agreements, and social relationships.

2. Applications

   • Dispute Resolution
     • You are free to report anyone to the relevant and have them arrested.
   • Defending our rights
     • No ne can cause harm or be a nuisance to the society.
   • Encouraging peaceful coexistence
     • The Law is here to guide us on how we shoulld conduct ourselves without interfering with others.

3. Subdivision of Law

   • Public Law
     • Governs relationships between individuals and the State.
       • Public International Law
         • Composed of the laws, rules, and principles of general application that deal with the conduct of nation states and international organisations.
       • Administrative Law
         • Regulates the operations and procedures of govrnment agencies.
       • Tax Law
         • Area of legal study which deals with the constitutional, common-law, statutory, tax treaty.
       • Constitutional Law
         • Defines the role, powers, and structure of different entities within a state, namely, the executive, the parliamentary or legislature, and the judiciary.
       • Criminal Law
         • A system of law concerned with the punishment of those who commit crimes.
   • Private Law
     • Governs relationships between idividuals, such as contracts and the law of obligations.
       • Labour Law
         • Employment, remuneration, conditions of work, trade unions and industrial relations.
       • Civil Law
         • Pertains to people, things, and relationships that develop among them.
       • Private International Law
         • Model laws, national laws, legal guides, that regulate private relationships across national borders.
       • Commercial and Maritime Law
         • Covers all contracts, torts, injuries or offenses that take place on navigable waters.
       • Law of Civil and Commercial Procedure
         • Covers all aspects and protocols who must be followed during a legal procedure (it varies depending on the procedure you are following).

4. Legal Persons

   • Is a person (legal entity) - whether human or non-human - that is recognized as having certain privileges and obligations such as legal capacity to enter into contracts, to sue, or to be sued.
     • Individuals
       • A human being that has the capacity for rights and duties. Possesses the power of thought, speech and choice. Has a lifespan.
       • Characteristics
         • Name
           • First Name (given name) + Last Name (family)
         • Domicile and Residence
           • Individual => Where he habitually resides => Where he works => Where he actually lives => Where he can be located.
         • Civil Status
           • Law recognizes only single or married
         • Legal Capacity
           • Attained at birth and lost upon death
             • Enjoyment: Enjoy benefits under the law (BIRTH).
             • Right to free exercise: Freely exercise his personal rights and dispose of his property as well as assuming obligations (LEGAL AGE).
         • Nationality
           • Legal relationship between an individual person and the State.
         • Patrimony
           • Real Property
             • Ground and constructions attached to it (plants, trees, statues, wells, pools, waterways, etc)
           • Personal Property
             • Can be moved from one location to another, money amounts, rights of author, etc.
     • Corporations
       • A legal entity, not a human being, recognized as a person in law to whom legal rights and dutties may attach. Can only perform its functions through natural persons (legal representative). Can exist forever.
       • Characteritics
         • Business Name
           • The name under which the association shall operate.
         • Domicile
           • Where their administrative offices are located. Outside the Federal District is the place where they perform their acts of legal consequence.
         • Legal Capacity
           • By association agreement, members obligate themselves to combine their resources (money, assets, performance of services) or efforts for the accomplishment of a common objective.
         • Patrimony
           • The assets will be formed by the contributors of the associates and by the set of assets of an economic nature acquired by the association by any lawful means.
         • Nationality
           • The nationality of a company is determined on the basis of its real head office.

5. Pros & Cons

   • Pros
     • Law states what are our rights and duties
     • Children are entitled to an education (art. 3)
     • We can expect to work in a safe work environment
     • We are able to own property and not have someone arbitrarily take it from us
     • Having laws and consequences persuades most people to behave in ways that society agrees are proper
   • Cons
     • We wouldn’t have civilization, chaos would take over
     • People would steal from others or harm them without laws to discourage them from doing so
     • Citizens wouldn’t be entitled to express their opinions without the government stopping them (art. 11)
     • Mexicans wouldn’t have health insurance
     • We wouldn’t have any privacy rights