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Judiciary Of Portugal
The judiciary of Portugal is a system of courts that together constitute one of the four organs of Sovereignty as defined by the Portuguese Constitution. The courts are independent from the other three Portuguese organs of Sovereignty (President of Portugal, President of the Republic, Government of Portugal, Government and Assembly of the Republic (Portugal), Assembly of the Republic). The Portuguese courts are divided by four independent orders, each of which corresponds to the separate Constitutional, Judicial, Administrative and Auditors jurisdictions. The public prosecution and the representation of the State before the courts is assured by an independent body of magistrates, known as Public Ministry. The Ministry of Justice is the Ministry (government department), Government department responsible for the administration of the Judiciary system. Orders of courts The Portuguese judiciary system is not unitary, but it is instead divided in four independent categories or ord ...
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Comarca
A ''comarca'' (, or , or ) is a traditional region or local administrative division found in Portugal, Spain and some of their former colonies, like Brazil, Nicaragua, and Panama. The term is derived from the term ''marca'', meaning a "march, mark", plus the prefix ''co''-, meaning "together, jointly". The ''comarca'' is known in Aragonese as ''redolada'' () and in Basque as ''eskualde'' (). In addition, in Galician, ''comarcas'' are also called ''bisbarras'' (). Although the English word "county" and its near synonym "shire" have similar meanings, they are usually translated into Spanish and Portuguese as ''condado'', a term which in the Iberian peninsula only refers to regions historically ruled by a ''conde'' (count or earl). However, "comarca" is occasionally used, with examples including the Spanish Wikipedia entry for "comarca" and some translations of The Lord of the Rings (see below). In the CPLP In the Community of Portuguese Language Countries (CPLP), ''coma ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards **Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and juvenile ...
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Labour Law
Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union. Individual labour law concerns employees' rights at work also through the contract for work. are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors are allowed to work. Government agencies (such as the former US Employment Standards Administration) enforclabour law(legislature, regulatory, or judicial). History Following the unification of the city-states in Assyria and Sumer by Sargon of Akkad into a single empire ruled from his home city circa 2334 BC, common Mesopotamian standards for length, area, volume, weight, and time used by artisan guilds in each city was promulgated by Naram-Sin of Akkad (c. 2254–2218 BC), Sargo ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Civil Law (area)
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private ...
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Judicial District
A judicial district or legal district denotes the territorial area for which a legal court (usually a district court) has jurisdiction. By region Europe Austria In texts concerning Austria, "judicial district" (german: Gerichtsbezirk) refers to the geographical area under the jurisdiction of a district court, the lowest-level kind of court. Austria is partitioned into 115 judicial districts. Germany In Germany, ordinary ''Gerichtsbarkeit'' courts are the smallest districts of those courts. There are superior court districts, which usually have several legal districts forming a regional district. Accordingly, the relationship between regional districts and the ''Oberlandesgericht'' is designed. To speak of a legal district of the Federal Court is superfluous, because that district would include the entire federal territory. The rule that courts are only responsible in matters within their legal districts, however, must not be over-represented. The legal process takes a number ...
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Family Court
Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintiff came into court with “clean hands” and the request was reasonable, “quantum meruit”. Changes in laws and rules have made this distinction superfluous. Family courts hear all cases that relate to familial and domestic relationships. Each US state and each country has a different system utilized to address family law cases including decisions regarding divorce cases. In the United States Family courts were first established in the United States starting in the late 1910s at the behest of probation officers invested in the success of specialized domestic relations courts. Members of the National Probation Association (NPA) advanced the idea that "combining criminal nonsupport, juvenile delinquency, and divorce into a unified 'fam ...
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Labour Court
A labor court (or labour court or industrial tribunal) is a governmental judiciary body which rules on labor or employment-related matters and disputes. In a number of countries, labor cases are often taken to separate national labor high courts. Other states, such as the United States, possess general non-judiciary labour relations boards which govern union certifications and elections. List of existing labor courts * Labour Court of Ireland * Labour Court (Iceland) * Federal Labor Court of Germany * Labour Court and Labour Appeal Court of South Africa * Labor Courts of Israel * Labour Court of Finland * Court of labour and Labour Court of Belgium * Superior Labor Court and Regional Labor Courts of Brazil * Labor Court of Monaco * Professions Court in Quebec, Canada * Employment Tribunal in England and Wales, United Kingdom * Conseil de prud'hommes, in France * Labour Court of Sweden * Labor Court of India * National Industrial Court of Nigeria * Labour Court, Malaysia Non-j ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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