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Legal Recognition
Legal recognition of a status or fact in a jurisdiction is a formal acknowledgment of it as being true, valid, legal, or worthy of consideration, and may involve approval or the granting of rights. For example, a nation or territory may require a person to hold a professional qualification to practice an occupation, such as medicine. While any establishment may grant a qualification, only ''recognized'' qualifications from ''recognized'' establishments entitle the holder to practice the restricted occupation. Qualifications from another jurisdiction may or may not be recognized. This way, the state controls and regulates access; for example, physicians of unknown competence may not practice, and it may be desired to protect the employment of local people. Another example is that any person can undergo a form of marriage with anyone or anything, and claim to be married. However, a marriage that is recognized affords the participant certain rights and obligations, e.g., a possible ...
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Status (law)
Legal status describes the legal rights, duties and obligations of a person or entity, or a subset of those rights and obligations. (defining "status") The term may be used to describe a person's legal condition with respect to personal rights, but excluding proprietary relations, such as their having the status of a spouse. It may also refer to legal capacity apart from other elements of personal status, such as the status of a minor, (defining "status") or the set of privileges, obligations, powers or restrictions that a person or entity receives through legislation.See, e.g., ''Recognition of unmarried cohabitation as a legal status worthy of protection'', 1 N.C. Family Law Practice § 1:5 The term may also refer to a person's legal condition as imposed by law but without consent, such as the status of an indentured servant when indentured servitude is enforced by law. Legal status may be something that arises solely by operation of law, such as being a Social Security ...
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Question Of Law
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Jus ...
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Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ...
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Competence (human Resources)
Competence is the set of demonstrable personal characteristics or KSAOs (Knowledge, Skills, Abilities, and Other characteristics) that enable job performance at a high level with consistency and minimal difficulty. Competency in human resources is a series of knowledge, abilities, skills, experiences and behaviors, which leads to effective performance in an individual's activities. Competency is measurable and can be developed through training. It can also be broken down into smaller criteria. Some scholars see "competence" as an aspect that can be developed through training because it is a combination of practical & theoretical knowledge which involves cognitive skills, behavior, and values used to improve performance. Competency is the state or quality of being adequately or well qualified, possessing the ability to perform a specific, measurable job. For instance, competency needed for management, depending on the sector, might include system thinking and emotional intellig ...
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Human–animal Marriage
Human–animal marriage is a marriage between a human and a non-human animal. This topic has appeared in mythology and magical fiction. In the 21st century, there have been numerous reports from around the world of humans marrying their pets and other animals. Human–animal marriage is often seen in accordance with zoophilia, although they are not necessarily linked. Although animal-human marriage is not mentioned specifically in national laws, the act of engaging in sexual acts with an animal is illegal in many countries under animal abuse laws. Folklore The practice of animal-human marriage has made appearances in folklore and several mythological stories where it is often understood to mean a deity-human marriage involving gods or heroes. Many tribes of the Native Americans in the United States trace the origin of humanity to marriages between other animals and humans. The indigenous Cheyenne have a story of animal-human marriage in "The Girl who Married a Dog". In other ...
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Same-sex Marriage
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal Legal sex and gender, sex. marriage between same-sex couples is legally performed and recognized in 38 countries, with a total population of 1.5 billion people (20% of the world's population). The most recent jurisdiction to legalize same-sex marriage is Recognition of same-sex unions in Thailand, Thailand. Same-sex marriage is legally recognized in a large majority of the world's developed country, developed countries; notable exceptions are Recognition of same-sex unions in Italy, Italy, Recognition of same-sex unions in Japan, Japan, Recognition of same-sex unions in South Korea, South Korea and the Recognition of same-sex unions in the Czech Republic, Czech Republic. Same-sex adoption, Adoption rights are not necessarily covered, though most states with same-sex marriage allow those couples to jointly adopt as other married couples can. Some countries, such as Nigeria and Russ ...
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International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). Complia ...
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Derogation
Derogation is a legal term of art, which allows for part or all of a provision in a legal measure to be applied differently, or not at all, in certain cases. European Foundation for the Improvement of Living and Working ConditionsDerogation published 11 March 2007, accessed 14 December 2023 The term is also used in Catholic canon law,Manual of Canon Law, pg. 69 and in this context differs from dispensation in that it applies to the law, whereas dispensation applies to specific people affected by the law. Definitions Black's Law Dictionary defines derogation as "the partial repeal or abolishing of a law, as by a subsequent act which limits its scope or impairs its utility and force". It is sometimes used, loosely, to mean abrogation, as in the legal maxim ''lex posterior derogat priori'' ("a subsequent law derogates the previous one"). According to ''West's Encyclopedia of American Law'', derogation "implies the taking away of only some part of a law", or it is a "partial repea ...
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Diplomatic Recognition
Diplomatic recognition in international law is a unilateral declarative political act of a state that acknowledges an act or status of another state or government in control of a state (may be also a recognized state). Recognition can be accorded either on a '' de facto'' or ''de jure'' basis. Partial recognition can occur if many sovereign states refuse to recognize an entity as a peer. Recognition can be a declaration to that effect by the recognizing government or may be implied from an act of recognition, such as entering into a treaty with the other state or making a state visit. Recognition may, but need not, have domestic and international legal consequences. If sufficient countries recognize a particular entity as a state, that state may have a right to membership in international organizations, while treaties may require all existing member countries unanimously agreeing to the admission of a new member. A vote by a country in the United Nations in favour of the mem ...
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Legal Status Of Transgender People
The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life. A transgender person is someone whose gender identity is inconsistent or not culturally associated with the sex they were assigned at birth and also with the gender role that is associated with that sex. They may have, or may intend to establish, a new gender status that accords with their gender identity. ''Transsexual'' is generally considered a subset of ''transgender'','' Transgender Rights'' (2006, ), edited by Paisley Currah, Richard M. Juang, Shannon MinterThomas E. Bevan, ''The Psychobiology of Transsexualism and Transgenderism'' (2014, ), page 42: "The term transsexual was introduced by Cauldwell (1949) and popularized by Harry Benj ...
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Minority Rights
Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group. Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the Civil Rights Movement in the United States). Issues of minority rights intersect with debates over historical redress or over positive discrimination. History Prior to the Paris Peace Conference (1919–1920), the term "minority" primarily referred to political parties in national legislatures, not ethnic, national, linguistic or religious groups. The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. T ...
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Spousal Privilege
In common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege. Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from condemning, or being condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to their spouse. However, in some countries, the spousal privileges have their roots in the legal fiction that a husband and wife were one person. Ar ...
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