Criteria for estimation of students’ educational achievements

Level of competence	Type of educational activity	Criteria	Amount of points	Note
Elementary	Preparation for current classes a) studying texts of lectures of obligatory and additional literature; b) preparation for interview during seminars and individual classes; c) extracting the basic terms and concepts into the vocabulary of legal terminology d)preparation to conceptual dictations, test control	Correspond to the mark «satisfactory» and are granted if a studentshows partial knowledge of the educational material, gives partial answers, makes mistakes when resolving typical practical situations in a context of the thematic theoretical material	70-60 points	Tests -20 points 8 seminars x 5 points = 40 points
Sufficient	Search and analytical work: a) considering additional literature, preparation of mini-reports, reports-presentations on problem questions of the course; b) preparation of analytical publications reviews for a certain problem; c) studying the themes assigned by the curriculum for independent studying; d) the analysis of practical situations	Correspond to the mark «well» and are granted, if a student shows knowledge of the educational material and the additional literature; relates the material in a logical sequence, makes generalization and conclusions, resolves typical practical situations in the context of the thematic theoretical material.		Test – 30 points. 8 seminars x 5 points = 40 points. Fulfilment of tasks of search and analytical character – 15 points.
High	Scientific work: a)writing and upholding of the scientific abstract materials for a certain problem; b)preparation of materials of a student’s own researches for participation in a scientific conference; c)participation in the work of the jurisprudential scientific club «Themis»; d)participation in the work of jurisprudential scientific club «In Jure»; 5) preparation of the publication in scientific papers; 6) registration of script plan of didactic game.	Correspond to the mark «perfectly» and is granted if a student demonstrates knowledge of basic literature and appeal to the basic regulatory legal acts, he is acquainted with additional information sources; relates the material in logical sequence, makes generalization and conclusions; gives examples of resolving typical practical situations in a context of the thematic theoretical material	86-100 points	Tests – 40 points. 8 seminars x 5 points = 40 points. Fulfilment of individual creative tasks – 20 points.

The system of point calculation under the types of educational work

Forms of educational work	Type of educational work	Forms of control and reporting	Points
Class-work (lectures and seminars)	Elementary level * a) studying lectures texts, compulsory and additional literature; b) keeping the vocabulary of jurisprudential terminology	1) well-grounded answer at a seminar, participation in the discussion of the reports and abstracts, substantial complement; b) test control, conceptual dictation, express interrogation.
Sufficient level 1) mastering of the additional literature, preparation of mini-reports, report-presentations, on the problem questions of the course; b) preparation of the analytical publications reviews on the defined themes; c) analysis if practical situations.	1) well-grounded report at a seminar, a report-presentation on the problem questions of the course; b) consideration of the materials of analytical publications reviews on the defined themes;; c) participation in practical situations, business game.
High level – writing of scientific abstract on the defined theme	discussion (upholding) of the scientific abstract materials on the defined theme
Extramural work (independent work and individual classes)	Elementary level* a) mastering the material of lectures and seminars missed under the reasonable excuse; b) keeping the vocabulary of the jurisprudential terminology	1) oral or test control; b) submitting the vocabulary of the jurisprudential terminology
Sufficient level a) preparation of the analytical publications reviews on the defined themes; b) analysis of practical situations; c) studying the themes assigned by the curriculum to the independent studying	1) submitting the materials of analytical publications reviews on the defined theme; b) consideration of the prepared materials; c) upholding the themes захист тем, assigned by the curriculum to the independent studying.
High level a) writing of the scientific abstract on the defined theme; b) preparation of the materials of a student’s own research to take part in the scientific conference; c) participation in the work of the jurisprudential debate club «Themis»; d) participation in the work of the jurisprudential scientific club «In Jure»; 5) preparation of the publication in scientific papers; 6) registration of the script plan of didactic game.	1) discussing (upholding) of the scientific abstract materials on the defined problem; b) discussing the materials of a report with a teacher, a report on a scientific conference; c) preparation of the report under the subjects of the club meetings, participation in debates, preparation of the wall newspaper; d) preparation and upholding of the scientific abstract materials at the club meeting; 5) preparation of the materials, submitting to publications; 6) submitting of the development of the didactic game script.
Result modular control	Preparation to modular test	Writing complex test	10–20
Result control	Preparation to exam	Interview with the teacher during taking exam	20–40

*The tasks of the elementary level are focused on a student’s consideration of the basic content of the curriculum and are obligatory to fulfilment. The minimum score for the work at a seminar constitutes 5 points which includes successful passing a test or writing a conceptual dictation (2 points) and an active work during a class, namely – giving thorough answers during the interrogation, participation in the discussion of reports and abstracts, substantial complements (3 points). In case of the missing of a seminar under the reasonable excuse which should be confirmed by corresponding certificate, a student has an opportunity to compensate for the missed class at individual classes in the form of oral or written testing, interview (2 and 3 points accordingly).

System of granting additional points under the types of works

The form of work	Types of work	Points
Educational	Writing and upholding of the scientific abstract under the determined theme
Research	1) preparation of the materials of a student’s own research to participate in a scientific conference	10-15
2) participation in the work of jurisprudential debate club «Themis» (preparation of the report, participation in debates, registration of the wall newspaper);	10-15
3) participation in the work of jurisprudential scientific club «Іn Jure» (preparation and upholding of the scientific abstract materials at meeting of the club);	10-15
4) preparation of the publication in scientific papers;	10-20
5) registration of a script plan of didactic game

Estimation of a knowledge level whilst controlling current coping with the curriculum

Each kind of educational activity is assessed according to the established scale of points under the following criteria:

- oral answers at seminars, participation in discussion of reports and abstracts, substantial complements to the statements of colleagues-students:

3 points – the answer is exhaustive and correct, it is characterized by validity, system character, comprehension of the logic and the structure of a new material;

0 points – answers contain discrepancies (mistakes) or are partial;

- test control, a conceptual dictation, the express interrogation:

2 points – the amount of right answers is over 50 % of the offered amount;

0 points – the amount of right answers is less than 50 % of the offered amount;

- the report at seminars, the report-presentation on problem questions of the course, upholding of materials of analytical publications reviews under a certain problem, resolving of practical situations, upholding of the themes, assigned by the curriculum for independent studying:

3 points – the answer of a student is theoretically correct, reasonable, exhaustive; the student shows knowledge of the basic literature and appeals to the basic regulatory legal acts, he has familiarized with additional information sources; he relates the material in logic sequence, makes generalization and conclusions; gives examples of resolving typical practical situations in the context of the thematic theoretical material;

1,5 points – the answer of a student is generally correct; the student shows knowledge of the educational material and the basic literature; he relates the material in logic sequence, makes generalization and conclusions, but does not give examples of resolving typical practical situations in the context of the thematic theoretical material, he makes insignificant mistakes when formulating the terms, resolving of practical tasks;

0 points – the answer of a student is either wrong or absent, or he makes gross mistakes which testify to the fact that the student has not mastered the educational material, cannot resolve elementary practical situations;

- preparation and upholding of the scientific abstract materials under a certain problem:

5 points – the abstract contains elements of scientific creativity, the exposition of the material is characterized by validity of the material analysis on the basis of a profound knowledge of the law sources and the scientific literature, free handling of the theme material, availability of own judgements and independence of conclusions, the work has logical and original structure, its registration completely meets the established requirements;

3 points – the abstract fully elucidates the questions of the theme, the student has demonstrated understanding and free handling of the material, but there are no elements of scientific creativity;

1,5 points – the question of the theme has been elucidated on the sufficient level, but the student does not handle the material freely, does not understand or cannot explain certain theoretical positions.

The intermediate control of students’ knowledge

Having completed studying of each module a student performs a modular control work (MCW).

The purpose of MCW is to check a student’s mastering level of the theoretical and practical material of the module. The estimation of MCW is a module estimation.

The conditions of admission to the MCW fulfillment are defined by the Provisions. The students who have executed all kinds of works which are obligatory components of the module and have collected not less than 15 points are admitted to FMW. In case of a student’s missing of a seminar under a reasonable excuse, the student can pass the material of a theme during an individual class according to the established schedule. The student who failed to comply with requirements of a module and has not been granted relevant 15 points, cannot be admitted to write FMW, and 0 points is registered in his academic record for the module. If a student failed to come to a relevant MCW the sheet is marked «failed to come» and he is given 0 points for the module. The student who has missed MCW under a reasonable excuse is obliged to produce the corresponding document, he executes MCW according to the established schedule of the Chair.

The order of MCW fulfilment. The complex examination is conducted in writing during the last seminar of a module according to the established schedule of classes. The student who studies under the individual schedule, is obliged to tale MCW during the time established by Dean’s Office. During taking MCW a student cannot use additional materials without the permission of a teacher, otherwise he/she is banned from taking FMW, the work is relevantly marked, 0 points for MCW is entered into a student’s the academic record.

The results of MCW and the estimation for the module are entered into the academic record in a certain scale under a five-point scale during three working days after MCW performing. The results of MCW are made known to students not later than three days after their performing.The student who disagrees with the estimation, has the right to address the teacher and to receive the reasonable explanation. In case of disagreement with the decision of the teacher the student can submit the written appeal to Head of the Chair in the day the results are made public. Head of the Chair and the teacher should consider the appeal in presence of the student during two days from the date of its submission and approve the final judgement concerning the estimation of the student. As a result of the appeal the estimation mark cannot be lowered. If a student has not addressed with the appeal within the prescribed term the estimation given by the teacher deems final.

Conditions of MCW re-writing. The modular control is conducted once only. The student has the right to re-write the module estimated «unsatisfactory» once within the term prescribed by Dean’s Office except for the case when a student was not admitted to MCW writing. If a student has not taken the last module before an examination, he cannot re-write it and he should take the examination.

Estimation of the knowledge level when checking modular test.

Questions which are included into modular test are estimated within the range from 0 up to 10 points (inclusive). The structure of each complex of tasks for the modular control has identical construction and includes two kinds of tasks: test problems (four tests for each variant of the test) and the theoretical question which requires the extensive answer. Each type of tasks is estimated under a scale 0-5 points. The system of granting points is defined by the following:

- when estimating the answer to a theoretical question of the curriculum:

5 points correspond to an estimation «excellent» and are granted, if the answer of a student is theoretically correct, reasonable, exhaustive; the student shows knowledge of the basic literature and appeal to the basic regulatory-legal acts, he is acquainted with additional information sources; relates the material in logic sequence, makes generalization and conclusions; gives examples of the decision of typical practical situations in the context of the thematic theoretical material;

2,5 points correspond to an estimation «good» and are granted, if the answer of a student is generally correct; the student shows knowledge of the educational material and the basic literature; relates the material in logic sequence, makes generalization and conclusions, but does not give examples of resolving typical practical situations in the context of the thematic theoretical material, he makes insignificant mistakes when formulating terms, resolving practical problems;

0 points correspond to an estimation «unsatisfactorily» and are granted, if the answer of a student is either wrong or absent, or he makes gross mistakes which testify to the fact that the student has not mastered the educational material, cannot resolve elementary practical situations;

- when estimating the answers to test problems:

5 points correspond to an estimation «excellent» and are granted, if the right answers to the tests constitute over 70 % of the offered amount;

2,5 points correspond an estimation «good» and are granted, if the answer to tests constitute 50 % of the offered amount;

0 points correspond to an estimation «unsatisfactorily» and are granted, if right answers to the tests constitute less than 40 % of the offered amount.

THE LIST OF QUESTIONS FOR THE MODULAR CONTROL WORK

Module 1. General Part

1. Human’s right to work: the notion, content, significance and place in the system of human rights.

2. Classification of labour rights. Individual and collective labour rights, their content and functional destination.

3. Right to work and other labour rights in The Constitution of Ukraine.

4. Constitutional guarantees of providing of labour rights in Ukraine. Judicial protection as a guarantee of labour rights.

5. Concept of labour law of Ukraine as a field of law. A place of the labour law is in the system of law of Ukraine.

6. The subject of labour law of Ukraine (subject of legal regulation).

7. Method of the legal control of labour relations.

8. Functions of labour law of Ukraine and its development trends.

9. A demarcation of Labour law from allied fields of law.

10. System of labour law and system of labour legislation.

11. Concept of sources of labour law of Ukraine and their classification.

12. Constitution of Ukraine as the basic source of labour law.

13. Code of Laws on Labour of Ukraine and other legislative acts of Ukraine that regulate labour relations.

14. Subordinate normative-legal acts that regulate labour relations.

15. Concept and sources of the international legal regulation of labour.

16. The International Labour Organization, its structure and basic directions of activity.

17. Conventions and recommendations of The International Labour Organization.

18. European regional standards of labour (acts of CE and European Union).

19. Labour rights of Ukrainian citizens abroad. Labour rights of foreigners in Ukraine.

20. The notion, system and significance of the basic principles of labour law in Ukraine.

21. Basic rights and freedoms of citizens, proclaimed in the Constitution of Ukraine, that express principles of the legal regulation of labour relations.

22. Principles of labour law, established in the Code of Law on Labour of Ukraine and in other legislative acts about labour.

23. Content of basic principles of labour law.

24. Concept and classification of subjects of labour law of Ukraine.

25. Labour legal capacity of employee: origin, content, cases of limitation.

26. Labour legal capacity of employer (owner of enterprise, establishment, organization or body, authorised by them, or natural person.

27. Concept and features of individual labour legal relationships, their structure.

28. Grounds of origin, change and termination of labour legal relationships.

29. Content of labour legal relationships.

30. Collective labour legal relationships: concept, features, types.

31. Representation in collective labour legal relationships.

32. A notion and forms of social partnership in the sphere of labour.

33. Legal status of trade unions in the sphere of labour.

34. General description of legislation about collective (bargaining) contracts and agreements. The significance of the collective labour contracts and agreements.

35. Concept and sphere of action of collective labour contract.

36. Parties to a collective labour agreement and its content.

37. Order of conclusion and registration of collective agreement.

38. Control over execution of collective agreement and types of responsibility for the breach of contractual duties.

39. Concepts of collective agreements and their types. The order of conclusion, changing of agreements and control over their implementation.

40. Legal regulation of employment of citizens of Ukraine. State guarantees of the right to choose a type of employment in Ukraine.

41. Concept of job placement and its legal forms.

42. State employment service, its rights and duties.

43. Concept of unemployed person and his legal status.

44. Indemnifications at the loss of work. Conditions of payment of unemployment allowance.

45. Special guarantees to employees who lost work in relation with the changes in organization of production and labour.

46. Concept and significance of employment agreement. The difference between the employment agreement and similar civil contracts (contract of work and labour, contract for services, authorship agreement etc.).

47. Parties to an employment agreement. Content and form of employment agreement.

48. Types of employment agreement (by a period of validity, by content, by order of conclusion etc.).

49. General order of conclusion of employment agreement, its registration.

50. Transition of an employee to another permanent job: the concept, principles and classification. Transition of an employee to a different working place.

51. The order of transition of an employee to another permanent job and Transition of an employee to another working place.

52. Changing fundamental terms of employment agreement and its legal consequences.

53. Classification of grounds for employment agreement termination.

54. Concept and cases of temporary suspension from work. A difference is between termination of employment agreement and temporary suspension from work.

55. Dissolution of employment agreement the initiative of a third parties.

56. Dissolution of employment agreement on the initiative of the employee.

57. Grounds and the order of dissolution of employment agreement on the initiative of owner or body authorised by him.

58. Guarantees from groundless dismissal. Documentation of dismissal of the employee and final payments. Discharge payment.

Module 2. Special Part

59. Concept and types of work time.

60. Working patters and its types. Irregular working hours as a special type of working pattern.

61. The concept of overworks and order of employees’ involvement in overwork.

62. Concept and types of rest time.

63. Concept and types of leaves.

64. The procedure for granting leave

65. The legal concept of wage and its structure.

66. Spheres of legal regulation of wage, and theirs correlation.

67. Tariff system and its elements.

68. Organization of remuneration of labour on an enterprise.

69. Concept and types of the systems of remuneration of labour.

70. Concept and types of guarantee payments and additional payments.

71. Concept and types of compensatory payments.

72. Remuneration of labour under special conditions.

73. The order of wage’s payment.

74. Concept of labour discipline of and methods of its supporting.

75. Legal regulation of labour routine.

76. The notion, grounds and types of incentives for success in work (stimulation) and the procedure of its applying.

77. The concept and types of disciplinary responsibility of employees.

78. Disciplinary penalties, the order of their application, appeal and removal.

79. The notion and legal nature of liability for breakage in labour law, its difference from civil liability.

80. Grounds and terms of liability for breakage of employees for the harm caused to employer’s property.

81. Types of liability for breakage of employees.

82. Calculation of amount of loss that should be covered by employee and order of its compensation.

83. Material responsibility of employer in labour legal relationships: grounds, terms, amount.

84. The concept and content of work safety according to the labour law and its legal regulation. Organization of labour protection at the place of production.

85. A work safety of women, young people and persons with the limited labour capacity.

86. The concept of supervision and control for a keeping within the Labour legislation in Ukraine as a guarantee of labour rights protection.

87. The concept of labour disputes, their classification and grounds of origin.

88. The procedure of consideration of individual labour disputes.

89. The concept of collective labour disputes (conflicts) and the procedure of its settlement.

90. Right to strike and its execution. Legal consequences of legal and illegal strike.

The example of task construction for modular control

The Poltava University of Economics and Trade The modular control for the course «The Labour Law of Ukraine» For Module 1 Variant 1 Test problems 1.1. 1.1...... 1.2. 1.2..... 1.3. 1.3..... 1.4. 1.4..... Theoretical question 1.5...... Approved at the meeting of Chair of Law   The protocol ___ dated _______________________ Head of Chair _______________________

THE GENERAL FINAL KNOWLEDGE ESTIMATION

The general final estimation for the course consists of the points total according to the results of the knowledge current control and for the fulfilment of the tasks which are suggested for independent and individual work.

The aim of the final knowledge estimation is to check understanding of the syllabus material as a whole, its logic and interrelation between its separate sections, students’ abilities to use accumulated knowledge creatively, their skills to formulate the attitude to certain problems of a subject matter.

Total results in points are entered into the records sheet of the current and final coping with the curriculum (the general final estimation).

The academic successes of students are defined using the system of estimation which is used in the PUET with obligatory transferring them into the national scale. The transfer is effected under a certain scale.

THE SCALE OF FINAL POINTS CALCULATION

Estimation under ECTS scale	Estimation under a points scale which is used in the PUET	Estimation under the national scale
A	86–100	5 (excellent)
BC	71-85	4 (good)
DE	60-70	3 (satisfactory)
FX	35-59	2 (unsatisfactory) allowing for taking the exam once again
F	0-34	2 (unsatisfactory) with compulsory taking the course once again

GLOSSARY

ACT OF LAW. An event which occurs in consequence of some principle of law. If, for example, land out of which a rent charge has been granted, be recovered by an elder title, and thereby the rent charge becomes avoided; yet the grantee, shall have a writ of annuity, because the rent charge is made void by due course or act of law, it, being a actus legis nemini est damnosus.

ACT OF MAN. Every man of sound mind and discretion is bound by his own acts, and the law does not permit him to do any thing against it; and all acts are construed most strongly against him who does them.

ADJUDICATION, in practice. The giving or pronouncing a judgment in a cause; a judgment.

ADMINISTRATION, government. The management of the affairs of the government; this word is also applied to the persons entrusted with the management of the public affairs.

AGREEMENT, contract. The consent of two or more persons concurring, respecting the transmission of some property, right or benefit, with a view of contracting an obligation.

AGREEMENT, contract. The consent of two or more persons concurring, respecting the transmission of some property, right or benefit, with a view of contracting an obligation.

AT LAW. This phrase is used to point out that a thing is to be done according to the course of the common law; it is distinguished from a proceeding in equity.

ATTORNEY. One who acts for another by virtue of an appointment by the latter. Attorneys are of various kinds.

BANK, com. law. 1. A place for the deposit of money. 2. An institution, generally incorporated, authorized to receive deposits of money, to lend money, and to issue promissory notes, usually known by the name of bank notes. 3. Banks are said to be of three kinds, viz: of deposit, of discount, and of circulation; they generally perform all these operations.

BY-LAWS. Rules and ordinances made by a corporation for its own government.

CAPACITY. This word, in the law sense, denotes some ability, power, qualification, or competency of persons, natural, or artificial, for the performance of civil acts, depending on their state or condition, as defined or fixed by law; as, the capacity to devise, to bequeath, to grant or convey lands; to take; or to take. and hold lands to make a contract, and the like.

CITIZEN, persons. One who, under the constitution and laws of the United States, has a right to vote for representatives in congress, and other public officers, and who is qualified to fill offices in the gift of the people. In a more extended sense, under the word citizen, are included all white persons born in the United States, and naturalized persons born out of the same, who have not lost their right as such. This includes men, women, and children.

CIVIL LAW. The municipal code of the Romans is so called. It is a rule of action, adopted by mankind in a state of society. It denotes also the municipal law of the land.

CIVIL OBLIGATION, Civil law. One which binds in law, vinculum juris, and which may be enforced in a court of justice.

CIVIL STATE. The union of individual men in civil society under a system of laws and a magistracy, or magistracies, charged with the administration of the laws. It is a fundamental law of the civil state, that no member of it shall undertake to redress or avenge any violation of his rights, by another person, but appeal to the constituted authorities for that purpose, in all cases in which is is possible for him to do so. Hence the citizens are justly considered as being under the safeguard of the law.

CLEMENCY. The disposition to treat with leniency.

COMPULSION. The forcible inducement to au act. 2. Compulsion may be lawful or unlawful. 1. When a man is compelled by lawful authority to do that which be ought to do, that compulsion does not affect the validity of the act; as for example, when a court of competent jurisdiction compels a party to execute a deed, under the pain of attachment for contempt, the grantor cannot object to it on the ground of compulsion. 2. But if the court compelled a party to do an act forbidden by law, or not having jurisdiction over the parties or the subject-matter, the act done by such compulsion would be void.

CONFISCATION. The act by which the estate, goods or chattels of a person who has been guilty of some crime, or who is a public enemy, is declared to be forfeited for the benefit of the public treasury.

CONFLICT OF LAWS. This phrase is used to signify that the laws of different countries, on the subject-matter to be decided, are in opposition to each other; or that certain laws of the same country are contradictory.

CONJOINTS. Persons married to each other.

CONSTITUTION, government. The fundamental law of the state, containing the principles upon which the government is founded, and regulating the divisions of the sovereign powers, directing to what persons each of these powers is to be confided, and the, manner it is to be exercised as, the Constitution of the United States.

CONSTITUTIONAL. That which is consonant to, and agrees with the constitution.

CONVICTION, practice. A condemnation. In its most extensive sense this word signifies the giving judgment against a defendant, whether criminal or civil. In a more limited sense, it means, the judgment given against the criminal. And in its most restricted sense it is a record of the summary proceedings upon any penal statute before one or more justices of the peace, or other persons duly authorized, in a case where the offender has been convicted and sentenced: this last is usually termed a summary conviction.

CO-OBLIGOR, contracts. One who is bound together with one or more others to fulfill an obligation.

CORPORATION. An aggregate corporation is an ideal body, created by law, composed of individuals united under a common name, the members of which succeed each other, so that the body continues the same, notwithstanding the changes of the individuals who compose it, and which for certain purposes is considered as a natural person.

CORPUS DELICTI. The body of the offence; the essence of the crime 2. It is a general rule not to convict unless the corpus delicti can be established, that is, until the dead body has been found.

CRIME. A crime is an offence against a public law. This word, in its most general signification, comprehends all offences but, in its limited sense, it is confined to felony. 2. The term misdemeanor includes every offence inferior to felony, but punishable by indictment or by particular prescribed proceedings. 3. The term offence, also, may be considered as, having the same meaning, but is usually, by itself, understood to be a crime not indictable but punishable, summarily, or by the forfeiture of, a penalty. Burn’s Just. Misdemeanor.

CRIMINAL. Relating to, or having the character of crime; as, criminal law, criminal conversation, &c. It also signifies a person convicted of a crime.

CURATORSHIP, offices, contracts, in the civil law. The power given by authority of law, to one or more persons, to administer the property of an individual who is unable to take care of his own estate and affairs, either on account of his absence without an authorized agent, or in consequence of his prodigality, or want of mind.

DEPARTMENT OF STATE, government. The laws of the United States provide that there shall be an executive department, denominated the department of state; and a principal officer therein, called the secretary of state. (q.v.) Acts

ELECTION. This term, in its most usual acceptation, signifies the choice which several persons collectively make of a person to fill an office or place. In another sense, it means the choice which is made by a person having the right, of selecting one of two alternative contracts or rights. Elections, then, are of men or things.

EMPLOYED. One who is in the service of another. Such a person is entitled to rights and liable to. perform certain duties.

EMPLOYEE. One who is authorized to act for another; a mandatory.

EMPLOYER. One who has engaged or hired the services of another. He is entitled to rights and bound to perform duties.

EMPLOYMENT. An employment is an office; as, the secretary of the treasury has a laborious and responsible employment; an agency, as, the employment of an auctioneer; it signifies also the act by which one is engaged to do something.

ESTATE. This word his several meanings: 1. In its most extensive sense, it is applied to signify every thing of which riches or, fortune may consist and includes personal and real property; hence we say personal estate, real estate. In its more limited sense, the word estate is applied to lands, It is so applied in two senses. The first describes or points out the land itself, without ascertaining the extent or nature of the interest therein; as «my estate at A.» The second, which is the proper and technical meaning of estate, is the degree, quantity, nature and extent of interest which one has in real property; as, an estate in fee, whether the same be a fee simple or fee tail; or an estate for life or for years, &c. 2. In Latin, it is called status, because it signifies the condition or circumstances in which the owner stands with regard to his property. 3. Estates in land may be considered in a fourfold view with regard, 1. To the quantity of interest which the tenant has in the tenement. 2. To the time during which that quantity of interest is to be enjoyed. 3. To the number and connexion of the tenants. 4. To what conditions may be annexed to the estate. 4.-1. The quantity of interest which the tenant has in his tenement is measured by its duration and extent. An estate, considered in this point of view, is said to be an estate of freehold, and an estate less than freehold.

EXECUTION, contracts. The accomplishment of a thing; as the execution of a bond and warrant of attorney, which is the signing, sealing, and delivery of the same.

EXECUTIVE, government. That power in the government which causes the laws to be executed and obeyed: it is usually. confided to the hands of the chief magistrate; the president of the United States is invested with this authority under the national government; and the governor of each state has the executive power in his hands.

FAMILY, domestic relations. In a limited sense it signifies the father, mother, and children. In a more extensive sense it comprehends all the individuals who live under the authority of another, and includes the servants of the family. It is also employed to signify all the relations who descend from a common ancestor, or who spring from a common root.

FICTION OF LAW. The assumption that a certain thing is true, and which gives to a person or thing, a quality which is not natural to it, and establishes, consequently, a certain disposition, which, without the fiction, would be repugnant to reason and to truth. It is an order of things which does not exist, but which the law prescribe; or authorizes it differs from presumption, because it establishes as true, something which is false; whereas presumption supplies the proof of something true.

FINANCES. By this word is understood the revenue, or public resources or money of the state.

FINANCIER. A person employed in the economical management and application of public money or finances; one who is employed in the management of money.

GOOD WILL. By this term is meant the benefit which arises from the establishment of particular trades or occupations. Mr. Justice Story describes a good will to be the advantage of benefit which is acquired by an establishment, beyond the mere value of the capital, stocks, funds, or property employed therein, in consequence of the general public patronage and encouragement, which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances or necessities, or even from ancient partialities, or prejudices.

GOVERNMENT, natural and political law. The manner in which sovereignty is exercised in each state.

HABITATION, civil law. It was the right of a person to live in the house of another without prejudice to the property.

INCORPOREAL PROPERTY, civil law. That which consists in legal right merely; or, as the term is, in the common law, of choses in actions. Vide Corporeal property.

INSURABLE INTEREST. That right of property which may be the subject of an insurance. INSURANCE, contracts. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event. It is more fully defined to be a contract by which one of the parties, called the insurer, binds himself to the other, called the insured, to pay him a sum of money, or otherwise indemnify him in case of the happening of a fortuitous event, provided for in a general or special manner in the contract, in consideration of a premium which the latter pays, or binds himself to pay him.

INSURANCE ON LIVES, contracts. The insurance of a life is a contract whereby the insurer, in consideration of a certain premium, either in a gross sum or periodical payments, undertakes to pay the person for whose benefit the insurance is made, a stipulated sum, or an annuity equivalent thereto, upon the death of the person whose life is insured, whenever this shall happen, if the insurance be for the whole life, or in case this shall happen within a certain period if the insurance be for a limited time.

INSURED, contracts. The person who procures an insurance on his property.

INSURER, contracts. One who has obliged himself to insure the safety of another’s property, in consideration of a premium paid, or secured to be paid, to him. It is his duty to pay any loss which has arisen on the property insured.

JUDGE. A public officer, lawfully appointed to decide litigated questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions, and not only judges properly so called, but also justices of the peace, and jurors, who are judges of the facts in issue. In a more limited sense, the term judge signifies an officer who is so named in his commission, and who presides in some court. JUSTICE. The constant and perpetual disposition to render every man his due. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. But justice being in itself a part of virtue, is confined to things simply good or evil, and consists in a man’s taking such a proportion of them as he ought.

LAW, CRIMINAL. By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments.

LAW, CRIMINAL. By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments.

LAW, POSITIVE. Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1. The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themselves. 2. The customary law, or that which, from motives of convenience, has, by tacit, but implied agreement, prevailed, not generally indeed among all nations, nor with so permanent a utility as to become a portion of the universal voluntary law, but enough to have acquired a prescriptive obligation among certain states so situated as to be mutually benefited by it.

LAW, PRIVATE. An act of the legislature which relates to some private matters, which do not concern the public at large.

LAW, PUBLIC. A public law is one in which all persons have an interest.

LAW, STATUTE. The written will of the legislature, solemnly expressed according to the forms prescribed by the constitution; an act of the legislature. See Statute.

LAW, UNWRITTEN, or lex non scripta. All the laws which do not come under the definition of written law; it is composed, principally, of the law of nature, the law of nations, the common law, and customs.

LAW, WRITTEN, or lex scripta. This consists of the constitution of the United States the constitutions of the several states the acts of the different legislatures, as the acts of congress, and of the legislatures of the several states, and of treaties. See Statute.

LAW. In its most general and comprehensive sense, law signifies a rule of action; and this term is applied indiscriminately to all kinds of action; whether animate or inanimate, rational or irrational. 2. Law is generally divided into four principle classes, namely; Natural law, the law of nations, public law, and private or civil law. When considered in relation to its origin, it is statute law or common law. When examined as to its different systems it is divided into civil law, common law, canon law. When applied to objects, it is civil, criminal, or penal. It is also divided into natural law and positive law. Into written law, lex scripta; and unwritten law, lex non scripta. Into law merchant, martial law, municipal law, and foreign law. When considered as to their duration, laws are immutable and arbitrary or positive; when as their effect, they are prospective and retrospective. These will be separately considered.

LAWFUL. That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, poenam non meretur. To be valid a contract must be lawful.

LAWLESS. Without law; without lawful control.

LEGALIZATION. The act of making lawful. 2. By legalization, is also understood the act by which a judge or competent officer authenticates a record, or other matter, in order that the same may be lawfully read in evidence. Vide Authentication.

LEGISLATIVE POWER. The authority under the constitution to make laws and to alter or repeal them.

LOSS IN INSURANCE, contracts. A loss is the injury or damage sustained by the insured in consequence of the happening of one or more of the accidents or misfortunes against which the insurer, in consideration of the premium, has undertaken to indemnify the insured.

MARRIAGE BROKAGE. By this expression is meant the act by which a person interferes, for a consideration to be received by him, between a man and a woman, for the purpose of promoting a marriage between them. The money paid for such service is also known by this name.

MARRIAGE. A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought to exist between husband and wife. By the terms freeman and freewoman in this definition are meant, not only that they are free and not slaves, but also that they are clear of all bars to a lawful marriage.

METHOD. The mode of operating or the means of attaining an object.

MIXED GOVERNMENT. A government composed of some of the powers of a monarchical, aristocratical, and democratical government. See Government.

MIXED PROPERTY. That kind of property which is not altogether real nor personal, but a compound of both. Heir-looms, tomb-stones, monuments in a church, and title deeds to an estate, are of this nature.

MORAL OBLIGATION. A duty which one owes, and which he ought to perform, but which he is not legally bound to fulfill.

NATURALIZED CITIZEN. One who, being born an alien, has lawfully become a citizen of the United States Under the constitution and laws. REFERENDUM, international law. When an ambassador receives propositions touching an object over which he has no sufficient power and he is without instruction, he accepts it ad referendum, that is, under the condition that it shall be acted upon by his government, to which it is referred. The note addressed in that case to his government to submit the question to its consideration is called a referendum.

NECESSITY. In general, whatever makes the contrary of a thing impossible, whatever may be the cause of such impossibilities,

NOTARY or NOTARY PUBLIC. An officer appointed by the executive, or other appointing power, under the laws of different states.

OFFENCE, crimes. The doing that which a penal law forbids to be done, or omitting to do what it commands; in this sense it is nearly synonymous with crime. (q.v.) In a more confined sense, it may be considered as having the same meaning with misdemeanor, (q.v.) but it differs from it in this, that it is not indictable, but punishable summarily by the forfeiture of a penalty.

PARLIAMENT. This word, derived from the French parlement, in the English law, is used to designate the legislative branch of the government of Great Britain, composed of the house of lords, and the house of commons.

PERSON. This word is applied to men, women and children, who are called natural persons. In law, man and person are not exactly synonymous terms. Any human being is a man, whether he be a member of society or not, whatever may be the rank he holds, or whatever may be his age, sex, &c. A person is a man considered according to the rank he holds in society, with all the rights to which the place he holds entitles him, and the duties which it imposes.

PERSONAL PROPERTY. The right or interest which a man has in things personal; it consists of things temporary and movable, and includes all subjects of property not of a freehold nature, nor descendable to the heirs at law. Things of a movable nature, when a right can be had in them, are personal property, but some things movable are not the subject of property; as light and air. Under the term personal property, is also included some property which is in its nature immovable, distinguished by the name of chattels real, as an estate for years; and fixtures (q.v.) are sometimes classed among personal property. A crop growing in the ground is considered personal property. so far as not to be considered an interest in land, under the statute of frauds.

PERSONAL. Belonging to the person.

PERSONALITY OF LAWS. Those laws which regulate the condition, state, or capacity of persons. The term is used in opposition to those laws which concern property, whether real or personal, and things.

PERSONALITY. An abstract of personal; as, the action is in the personalty, that is, it is brought against a person for a personal duty which he owes. It also signifies what belongs to the person; as, personal property.

POLICY OF INSURANCE, contracts. An instrument in writing by which the contract of insurance is effected and reduced into form.

POLICY, PUBLIC. By public policy is meant that which the law encourages for the promotion of the public good.

POWER. This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of government, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.

PROCESS, practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer.

PROPERTY. The right and interest which a man has in lands and chattels to the exclusion of others.

PUNISHMENT OF DEATH. The deliberate killing, according to the forms of law,, of a person who has been lawfully convicted of certain crimes. See Capital crimes.

PUNISHMENT, crim. law. Some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court.

REAL CONTRACT, com. law. By this term are understood contracts in respect to real property. 2. In the civil law real contracts are those which require the interposition of thing (rei,) as the subject of them; for instance, the loan for goods to be specifically returned.

REAL PROPERTY, That which consists of land, and of all rights and profits arising from and annexed to land, of a permanent, immovable nature. In order to make one’s interest in land, real estate, it must be an interest not less than for the party’s life, because a term of years, even for a thousand years, perpetually renewable, is a mere personal estate. It is usually comprised under the words lands, tenements, and hereditaments. Real property is corporeal, or incorporeal.

REALITY OF LAWS. Those laws which govern property, whether real or personal, or things; the term is used in persona opposition to personality of laws.

REFORM. To reorganize; to rearrange as, the jury «shall be reformed by putting to and taking out of the persons so impanelled.»

RELATION, contracts, construction. When an act is done at one time, and it operates upon the thing as if done at another time, it is said to do so by relation; as, if a man deliver a deed as an escrow, to be delivered by the party holding it, to the grantor, on the performance of some act, the delivery to the latter will have relation back to the first delivery. Termes de la Ley. Again, if a partner be adjudged a bankrupt, the partnership is dissolved, and such dissolution relates back to the time when the commission issued.

REPUBLICAN GOVERNMENT. A government in the republican form; a government of the people; it is usually put in opposition to a monarchical or aristocratic government.

RESPONSIBILITY. The obligation to answer for an act done, and to repair any injury it may have caused. 2. This obligation arises without any contract, either on the part of the party bound to repair the injury, or of the party injured. The law gives to the person who has suffered loss, a compensation in damages. 3. it is a general rule that no one is answerable for the acts of another unless he has, by some act of his own, concurred in them. But when he has sanctioned those acts, either explicitly or by implication, he is responsible. An innkeeper in general, civilly liable for the acts of his servants towards his guests, for anything done in their capacity of servants. The owner of a carriage is also, civilly responsible to a passenger for any injury done by the driver as such.

RESTITUTION, practice. The return of something to the owner of it, or to the person entitled to it.

RIGHT OF HABITATION. By this term, in Louisiana, is understood the right of dwelling gratuitously in a house, the property of another.

RULE OF LAW. Rules of law are general maxims, formed by the courts, who having observed what is common to many particular cases, announce this conformity by a maxim, which is called a rule; because in doubtful and unforeseen cases, it is a rule for their decision; it embraces particular cases within general principles.

SOURCES OF THE LAW. By this expression is understood the authority from which the laws derive their force. 2. The power of making all laws is in the people or -- their representatives, and none can have any force whatever, which is derived from any other source. But it is not required that the legislator shall expressly pass upon all laws, and give the sanction of his seal, before they can have life or existence. The laws are therefore such as have received ala express sanction, and such as derive their force and effect from implication. The first, or express, are the constitution of the United States, and the treaties and acts of the legislature which have been made by virtue of the authority vested by the constitution. To these must be added the constitution of the state and the laws made by the state legislature, or by other subordinate legislative bodies, by virtue of the authority conveyed by such constitution. The latter, or tacit, received their effect by the general use of them by the people, when they assume the name of customs by the adoption of rules by the courts from systems of foreign laws.

SOVEREIGN STATE. One which governs itself independently of any foreign power.

SOVEREIGNTY. The union and exercise of all human power possessed in a state; it is a combination of all power; it is the power to do everything in a state without accountability; to make laws, to execute and to apply them: to impose and collect taxes, and, levy, contributions; to make war or peace; to form treaties of alliance or of commerce with foreign nations, and the like. 2. Abstractedly, sovereignty resides in the body of the nation and belongs to the people. But these powers are generally exercised by delegation. 3. When analysed, sovereignty is naturally divided into three great powers; namely, the legislative, the executive, and the judiciary; the first is the power to make new laws, and to correct and repeal the old; the second is the power to execute the laws both at home and abroad; and the last is the power to apply the laws to particular facts; to judge the disputes which arise among the citizens, and to punish crimes. 4. Strictly speaking, in our republican forms of government, the absolute sovereignty of the nation is in the people of the nation; (q.v.) and the residuary sovereignty of each state, not granted to any of its public functionaries, is in the people of the state.

SPECIAL PROPERTY. This term is used as synonymous with qualified or limited property. It is that property which is not perfect in the hands of the possessor, but his right is qualified or limited; as, where a person is possessed of an animal ferae naturae, he has a property in such animal, but this is not a general right, for if the animal should escape, and be taken by another person, the latter only would have a special property in it.

STATE, condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfill the obligations which are imposed upon him. 2. State is that quality which belongs to a person in society, and which secures to, and imposes upon him different rights and duties in consequence of the difference of that quality. 3. Although all men come from the hands of nature upon an equality, yet there are among them marked differences. It is from nature that come the distinctions of the sexes, fathers and children, of age and youth, &c. 4. The civil or municipal laws of each people, have added to these natural qualities, distinctions which are purely civil and arbitrary, founded on the manners of the people, or in the will of the legislature. Such are the differences, which these laws have established between citizens and aliens, between magistrates and subjects, and between freemen and slaves; and those which exist in some countries between nobles and plebeians, which differences are either unknown or contrary to natural law.

STATE, government. This word is used in various senses. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; (q.v.) and the state, and the people of the state, are equivalent expressions. 2. In a more limited sense, the word `state’ expresses merely the positive or actual organization of the legislative, or judicial powers; thus the actual government of the state is designated by the name of the state; hence the expression, the state has passed such a law, or prohibited such an act.

STATUS. The condition of persons. It also means estate, because it signifies the condition or circumstances in which the owner stands with regard to his property.

STATUTE. The written will of the legislature, solemnly expressed according to the forms prescribed in the constitution; an act of the legislature.

SUFFRAGE, government. Vote; the act of voting; 2. The right of suffrage is given by the constitution of the United States to the electors in each state, as shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

TAXES. This term in its most extended sense includes all contributions imposed by the government upon individuals for the service of the state, by whatever name they are called or known, whether by the name of tribute, tithe, talliage, impost, duty, gabel, custom, subsidy, aid, supply, excise, or other name.

TO CONSTITUTE, contr. To empower, to authorize. In the common form of letters of attorney, these words occur, I nominate, constitute and appoint.»

TUTORSHIP. The power which an individual, sui juris, has to take care of the person of one who is unable to take care of himself. Tutorship differs from curatorship.

WILL or TESTAMENT. The legal declaration of a man’s intentions of what he wills to be performed after his death.

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