Today I would like to tell you about very important question in my profession Persons in court. First of all, the are many opinions about persons in court. But I would like to explain my own point

Persons in court.

Today I would like to tell you about very important question in my profession Persons in court. First of all, the are many opinions about persons in court. But I would like to explain my own point of view.

I would like to start from judge. He does many important things. For example, Judge rule in court and controls situation in general. Also he asks some questions about process. Finally, he makes decision. Secondly are jurors. Jurors are people who come to court to listen to each side of adisagreement. Than the jurors decide how the disagreement will be settled. A group of jurors is called a jury. Thirdly, when somebody goes to court, he often has lawyers. Lawyers are also called attorneys. Lawyers give an advice to people on their disagreements in court. The court reporter is the person who write down everything that everybody say in court. It's extremely important work because it forms materials of the process. Finally everything about what I have told is important part of law system.

Plaintiffs and their functions..

Today I would like to tell you about very important question in my profession Plaintiffs and their functions.. On the one hand some jurisdictions the commencement of a lawsuit is done by filing a summons, claim form and/or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a demand for relief. In other jurisdictions the action is commenced by service of legal process by delivery of these documents on the defendant by a process server; they are only filed with the court subsequently with an affidavit from the process server that they had been given to the defendant(s) according to the rules of civil procedure. On the other hand Not all lawsuits are plenary actions, involving a full trial on the merits of the case. There are also simplified procedures, often called proceedings, in which the parties are termed petitioner instead of plaintiff, and respondent instead of defendant. There are also cases that do not technically involve two sides, such as petitions for specific statutory relief that require judicial approval; in those cases there are no respondents, just a petitioner. To sum up, the plaintiff seeks alegal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages).

Defendants and their functions

Today I would like to tell you about very important question in my profession Defendants and their functions. First of all, a defendant is a person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case. I would like to start from Criminal defendants. In a criminal trial, a defendant is any person accused (charged) of committing an offence The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Defendants must be present at every stage of the proceedings against themSecondly, In a civil lawsuit, a defendant (or a respondent) is also the accused party, although not of an offence, but of a civil wrong (a tort or a breach of contract, for instance). Modern-day civil defendants are usually able to avoid most (if not all) court appearances if represented by a lawyer. Thirdly, most often and familiarly, defendants are persons: either natural persons (actual human beings) or juridical persons (persona ficta) under the legal fiction of treating organizations as persons. To sum up, defendants are important part of court system.

Pleadings

Today I would like to tell you about very important question in my profession Pleadings.

First of all, the are many opinions about it. In general a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. In some situations, a complaint is called a petition, in which case the party filing it is called the petitioner and the other party is the respondent. In equity, sometimes called chancery, the initial pleading may be called either a petition or a bill of complaint in chancery. A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. A defendant may file a counter-claim to raise a cause of action to defend, reduce or set off the claim of the plaintiff. To sum up, pleadings is important part of legal process.

Evidence.

Today I would like to tell you about very important question in my profession Evidence. Evidence, broadly construed, is anything presented in support of an assertion. This support may be strong or weak. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, as in circumstantial evidence. In law, rules of evidence govern the types of evidence that are admissible in a legal proceeding. Types of legal evidence include testimony, documentary evidence, and physical evidence. The parts of a legal case which are not in controversy are known, in general, as the "facts of the case.". Evidence and rules are used to decide questions of fact that are disputed, some of which may be determined by the legal burden of proof relevant to the case. Evidence in certain cases (e.g. capital crimes) must be more compelling than in other situations (e.g. minor civil disputes), which drastically affects the quality and quantity of evidence necessary to decide a case. To sum up, evidences are really important part of legal process.

complaint.

Today I would like to tell you about very important question in my profession complaint. First of all, there are many opinions about this question. Firstly, In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons of action that the filing party or parties. In some jurisdictions, specific types of criminal cases may also be commenced by the filing of a complaint, also sometimes called a criminal complaint or felony complaint. All criminal cases are prosecuted in the name of the governmental authority that promulgates criminal statutes and enforces the police power of the state with the goal of seeking criminal sanctions. To sum up, different forms of complaint are important part of legal process.

Motion to dismiss Trial (Hearing).

Today I would like to tell you about very important question in my profession Motion to dismiss Trial (Hearing). A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion, which is brought when the defendant believes that the complaint is legally invalid. In deciding a motion to dismiss, the court must view the facts set forth in the complaint in the light most favorable to the plaintiff. The motion to dismiss is usually based on one or more of the following legal deficiencies: 1. Lack of subject matter jurisdiction: The court doesn't have the power to rule on the controversy. 2. Lack of personal jurisdiction: The court does not have power to make decisions affecting the defendant personally., etc. To sum up, motion to dismiss Trial is really common in modern legal system.

appeal.

Today I would like to tell you about very important question in my profession appeal. First of all, In law, an appeal is a process for requesting a formal change to an official decision. Very broadly speaking there are appeals on the record and de novo appeals. In de novo appeals, a new decision maker re-hears the case without any reference to the prior decision maker. In appeals on the record, the decision of the prior decision maker is challenged by arguing that he or she misapplied the law, came to an incorrect factual finding, acted in excess of his jurisdiction, abused his powers, was biased, considered evidence which he should not have considered, or failed to consider evidence that he should have considered. To sum up, appeal is important part of legal process.

minority opinion

Today I would like to tell you about very important question in my profession minority opinion. A minority opinion is an opinion by one or more judges in a legal case who disagree with the decision reached by the majority. A minority opinion is also termed dissenting opinion or dissent.

A dissenting opinion does not create binding precedent or become part of case law. However, they are sometimes cited as persuasive authority when arguing that the court's holding should be limited or overturned.The dissenting opinion may disagree with the majority for various reasons such as: a different interpretation of the case law, use of different principles, or a different interpretation of the facts. Dissents are written at the same time as the majority opinion, and are sometimes used to dispute the reasoning used by the majority. To sum up, minority opinion is important part of legal process.

Cause o action.

Today I would like to tell you about very important question in my profession Cause of action. In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.The term also refers to the legal theory upon which a plaintiff brings suit (such as breach of contract, battery, or false imprisonment).

To pursue a cause of action, a plaintiff pleads or alleges facts in a complaint, the pleading that initiates a lawsuit. A cause of action generally encompasses both the legal theory (the legal wrong the plaintiff claims to have suffered) and the remedy (the relief a court is asked to grant). Often the facts or circumstances that entitle a person to seek judicial relief may create multiple causes of action. Although it is fairly straightforward to file a Statement of Claim in most jurisdictions, if it is not done properly, then the filing party may lose his case due to simple technicalities.If a complaint does not allege facts sufficient to support every element of a claim, the court, upon motion by the opposing party, may dismiss the complaint for failure to state a claim for which relief can be granted. To sum up, cause of action is really important part of legal process.

Formation of Contracts.

Today I would like to tell you about very important question in my profession Formation of Contracts.

In common law legal systems, a contract (or informally known as an agreement in some jurisdictions) is an agreement having a lawful object entered into voluntarily by two or more parties, each of whom intends to create one or more legal obligations between them. The elements of a contract are "offer" and "acceptance" by "competent persons" having legal capacity who exchange "consideration" to create "mutuality of obligation." Proof of some or all of these elements may be done in writing, though contracts may be made entirely orally or by conduct. The remedy for breach of contract can be "damages" in the form of compensation of money or specific performance enforced through an injunction. Both of these remedies award the party at loss the "benefit of the bargain" or expectation damages, which are greater than mere reliance damages, as in promissory estoppel. The parties may be natural persons or juristic persons. A contract is a legally enforceable promise or undertaking that something will or will not occur. To sum up, formation of contracts is important part of modern legal system.

breach of contract.

Today I would like to tell you about very important question in my profession breach of contract. Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. Firstly,

In a "minor" breach (a partial breach or immaterial breach or where there has been substantial performance), the non-breaching party cannot sue for specific performance, and can only sue for actual damages. Secondly, A material breach is any failure to perform that permits the other party to the contract to either compel performance, or collect damages because of the breach. A fundamental breach is a breach so fundamental that it permits the aggrieved party to terminate performance of the contract. In addition that party is entitled to sue for damages. To sum up, Breach of contract is a type of civil wrong.

Company law: company formation and management.

Today I would like to tell you about very important question in my profession Company law: company formation and management. Corporate law is the study of how shareholders, directors, employees, creditors, and other stakeholders such as consumers, the community and theenvironment interact with one another. Corporate law is a part of a broader companies law (or law of business associations). Under corporate law, corporations of all sizes have separate legal personality, with limited or unlimited liability for its shareholders. Shareholders control the company through a board of directors which, in turn, typically delegates control of the corporation's day-to-day operations to a full-time executive. Corporate law deals with firms that are incorporated or registered under the corporate or company law of a sovereign state or their subnational states. The four defining characteristics of the modern corporation are: 1.Separate legal personality of the corporation. 2. Limited liability of the shareholders 3. Shares (if the corporation is a public company).4.Delegated management; the board of directors delegates day-to-day management of the company to executives. Corporate law is often divided into corporate governance (which concerns the various power relations within a corporation) and corporate finance (which concerns the rules on how capital is used). The most important rules for corporate governance are those concerning the balance of power between the board of directors and the members of the company. Authority is given or "delegated" to the board to manage the company for the success of the investors. Certain specific decision rights are often reserved for shareholders, where their interests could be fundamentally affected. There are necessarily rules on when directors can be removed from office and replaced. To do that, meetings need to be called to vote on the issues. How easily the constitution can be amended and by who necessarily affects the relations of power.To sum up, company law is important part of modern legal system.

Аssignment and third-party rights.

Today I would like to tell you about very important question in my profession Аssignment and third-party rights. An assignment is a term used with similar meanings in the law of contracts and in the law of real estate. In both instances, it encompasses the transfer of rights held by one party—the assignor—to another party—the assignee.The details of the assignment determines some additional rights and liabilities (or duties).

Typically a third-party is involved in a contract with the assignor, and the contract is in effect transferred to the assignee. For example, a borrower borrows money from a local bank. The local bank receives a mortgage note and can thereafter transfer that note to a financial institution in exchange for a lump-sum of cash, thereby assigning the right to receive payment from the borrower to another entity. The assignment does not necessarily have to be in writing; however, the assignment agreement must show an intent to transfer rights. The effect of a valid assignment is to extinguish privity (in other words, contractual relationship, including right to sue) between the assignor and the third-party obligor and create privity between the obligor and the assignee. Assignment of rights under a contract is the complete transfer of the rights to receive the benefits accruing to one of the parties to that contract. To sum up, assignment and third-party rights is an important part of modern law system.

Real property law.

Today I would like to tell you about very important question in my profession Real property law. Property law is the area of law that governs the various forms of ownership and tenancy in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property. Movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights and obligations thereon. In countries with personal ownership of real property, civil law protects the status of real property in real-estate markets, where estate agents work in the market of buying and selling real estate. To sum up, real property law is an important part of modern legal system.

Intellectual property.

Today I would like to tell you about very important question in my profession Intellectual property. Intellectual property (rights are the legally recognized exclusive rights to creations of the mind. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs. Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets. There are also more specialized varieties of sui generis exclusive rights, such as circuit design rights. To sum up, intellectual property is an important part of modern legal system.

negotiable instrument.

Today I would like to tell you about very important question in my profession a negotiable instrument. A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, with the payer named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term can have different meanings, depending on what law is being applied and what country it is used in and what context it is used in. Because money is promised to be paid, the instrument itself can be used by the holder in due course as a store of value. The instrument may be transferred to a third party; it is the holder of the instrument who will ultimately get paid by the payer on the instrument. Transfers can happen at less than the face value of the instrument and this is known as discounting; this may happen for example if there is doubt about the payer's ability to pay. Due to the nature of the negotiable instrument as a store of value, most countries passed laws specifically related to negotiable instruments.

· Secured transactions.

· Today I would like to tell you about very important question in my profession - Secured transactions.

Generally, a secured transaction is a loan or a credit transaction in which the lender acquires a security interest in collateral owned by the borrower and is entitled to foreclose on or repossess the collateral in the event of the borrower's default. The terms of the relationship are governed by a contract, or security agreement. A common example would be a consumer who purchases a car on credit. If the consumer fails to make the payments on time, the lender will take the car and resell it, applying the proceeds of the sale toward the loan.

The law treats differently those creditors who are secured (i.e. have an authenticated, perfected security interest) from those creditors who are unsecured. An unsecured creditor is simply a person who is owed money and has not received payment according to the terms of the agreed upon transaction. Upon default of a debtor who has multiple creditors, the distinction between being a secured creditor and an unsecured creditor is legally significant. The secured creditor will generally always have priority to getting his money before the unsecured creditors do. In other words, the unsecured creditor is at the back of the line of priority - his only remedy is to obtain a judgment from the court for the amount of the defaulted loan. To sum up, secured transactions is an important part of modern financial law.

Competition law.

Today I would like to tell you about very important question in my profession Competition law. Competition law is law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies.Competition law is implemented through Public and Private Enforcement. Modern competition law has historically evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states. National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation-state level. Competition law, or antitrust law, has three main elements:

1.prohibiting agreements or practices that restrict free trading and competition between business.

2.banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position.3.supervising the mergers and acquisitions of large corporations, including some joint ventures. To sum up, competition law is really important part of modern economics.

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