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Law Of The Dominican Republic
Dominican law theorists make a fundamental distinction between primary sources of law, which can give rise to binding legal norms, and secondary sources, sometimes called authorities. The primary sources are enacted law and custom, with the former overwhelmingly more important. Sometimes, “general principles of law” are also considered a primary source. Authorities may have weight when primary sources are absent, unclear, or incomplete, but they are never binding, and they are neither necessary nor sufficient as the basis for a judicial decision. Case law and the writings of legal scholars are as such secondary sources. Primary sources of law included enacted law, custom, and general principles. Enacted law includes legal rules adopted by the legislature, the executive and administrative agencies. The various types of enacted law form a hierarchy with the constitution at the pinnacle, followed by legislation, then by executive decrees, then by administrative regulations, and f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention (norm)
A convention is a set of agreed, stipulated, or generally accepted standards, norms, social norms, or criteria, often taking the form of a custom. In a social context, a convention may retain the character of an "unwritten law" of custom (for example, the manner in which people greet each other, such as by shaking each other's hands). Certain types of rules or customs may become law and sometimes they may be further codified to formalize or enforce the convention (for example, laws that define on which side of the road vehicles must be driven). In outline of physical science, physical sciences, numerical values (such as constants, quantities, or scales of measurement) are called conventional if they do not represent a measured property of nature, but originate in a convention, for example an average of many measurements, agreed between the scientists working with these values. General A convention is a selection from among two or more alternatives, where the rule or alternativ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unjust Enrichment
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defences such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "no one should be benefited at another's expense": ''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''. The law of unjust enrichment is closely related to, but not co-extensive with, the law of restitution. The law of restitution is the law of gain-based recovery. It is wider than the law of unjust enrichment. Restitution for unjust enrichment is a subset of the law of restitution in the same way that compensation for breach of contract is a subset of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consensus Decision-making
Consensus decision-making or consensus process (often abbreviated to ''consensus'') are group decision-making processes in which participants develop and decide on proposals with the aim, or requirement, of acceptance by all. The focus on establishing agreement of at least the majority or the supermajority and avoiding unproductive opinion differentiates consensus from unanimity, which requires all participants to support a decision. Origin and meaning of terms The word ''consensus'' is Latin meaning "agreement, accord", derived from ''consentire'' meaning "feel together". Broadly, ''consensus'' relates to a generally accepted opinion, but in the context of this article refers to the process ''and'' the outcome of consensus decision-making (e.g. "to decide ''by'' consensus" and "''a'' consensus was reached"). History Consensus decision-making, as a self-described practice, originates from several nonviolent, direct action groups that were active in the Civil rights, Peace ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reputation
The reputation of a social entity (a person, a social group, an organization, or a place) is an opinion about that entity typically as a result of social evaluation on a set of criteria, such as behavior or performance. Reputation is a ubiquitous, spontaneous, and highly efficient mechanism of social control. It is a subject of study in social, management, and technological sciences. Its influence ranges from competitive settings, like markets, to cooperative ones, like firms, organizations, institutions and communities. Furthermore, reputation acts on different levels of agency, individual and supra-individual. At the supra-individual level, it concerns groups, communities, collectives and abstract social entities (such as firms, corporations, organizations, countries, cultures and even civilizations). It affects phenomena of different scales, from everyday life to relationships between nations. Reputation is a fundamental instrument of social order, based upon distributed, spon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Influence
Social influence comprises the ways in which individuals adjust their behavior to meet the demands of a social environment. It takes many forms and can be seen in conformity, socialization, peer pressure, obedience (human behavior), obedience, leadership, persuasion, sales, and marketing. Typically social influence results from a specific action, command, or request, but people also alter their attitudes and behaviors in response to what they perceive others might do or think. In 1958, Harvard psychologist Herbert Kelman identified three broad varieties of social influence. #Compliance (psychology), Compliance is when people appear to agree with others but actually keep their dissenting opinions private. #Identification (psychology), Identification is when people are influenced by someone who is liked and respected, such as a famous celebrity. #Internalisation (sociology), Internalization is when people accept a belief or behavior and agree both publicly and privately. Morton Deuts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Predictability
Predictability is the degree to which a correct prediction or forecast of a system's state can be made, either qualitatively or quantitatively. Predictability and causality Causal determinism has a strong relationship with predictability. Perfect predictability implies strict determinism, but lack of predictability does not necessarily imply lack of determinism. Limitations on predictability could be caused by factors such as a lack of information or excessive complexity. In experimental physics, there are always observational errors determining variables such as positions and velocities. So perfect prediction is ''practically'' impossible. Moreover, in modern quantum mechanics, Werner Heisenberg's indeterminacy principle puts limits on the accuracy with which such quantities can be known. So such perfect predictability is also ''theoretically'' impossible. Laplace's demon Laplace's demon is a supreme intelligence who could completely predict the one possible future given ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certainty
Certainty (also known as epistemic certainty or objective certainty) is the epistemic property of beliefs which a person has no rational grounds for doubting. One standard way of defining epistemic certainty is that a belief is certain if and only if the person holding that belief could not be mistaken in holding that belief. Other common definitions of certainty involve the indubitable nature of such beliefs or define certainty as a property of those beliefs with the greatest possible justification. Certainty is closely related to knowledge, although contemporary philosophers tend to treat knowledge as having lower requirements than certainty. Importantly, epistemic certainty is not the same thing as psychological certainty (also known as subjective certainty or certitude), which describes the highest degree to which a person could be convinced that something is true. While a person may be completely convinced that a particular belief is true, and might even be psychologicall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Positive Law
Positive laws ( la, links=no, ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit''. The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason." Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." ''Lex humana'' versus ''lex posita'' Thomas Aquinas conflated man-made law () and positive law ( or ). However, there is a subtle distinction between them. Whereas human-made law regards law from the position of its orig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dominican Republic
The Dominican Republic ( ; es, República Dominicana, ) is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean region. It occupies the eastern five-eighths of the island, which it shares with Haiti, making Hispaniola one of only two Caribbean islands, along with Saint Martin, that is shared by two sovereign states. The Dominican Republic is the second-largest nation in the Antilles by area (after Cuba) at , and third-largest by population, with approximately 10.7 million people (2022 est.), down from 10.8 million in 2020, of whom approximately 3.3 million live in the metropolitan area of Santo Domingo, the capital city. The official language of the country is Spanish. The native Taíno people had inhabited Hispaniola before the arrival of Europeans, dividing it into five chiefdoms. They had constructed an advanced farming and hunting society, and were in the process of becoming an organized civilization. The Taínos also in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
