This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that
The United States Securities Code and Regulations appear in Title 15 of the United States Code and Title 17 of the Code of Federal Regulations. This publication was made with data provided by the United States government on the Office of Law Revision Counsel as well as the eCFR.
This introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project.
Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e., verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to “hit the ground running” as a transactional attorney.
This series of Federal Rules books, consisting of the Federal Rules of Evidence, Criminal Procedure and Civil Procedure, are powered by the Legal Information Institute at Cornell Law School, and created in partnership with The Center for Computer-Assisted Legal Instruction (CALI).These rules govern the conduct of all criminal proceedings brought in Federal courts.
Introduction to Criminal Investigation, Processes, Practices, and Thinking is a teaching text designed to assist the student in developing their own structured mental map of processes, practices, and thinking to conduct criminal investigations.
Contributors:
Burke, Carter, Fedorek, Morey, Rutz-Burri, and Sanchez
Publisher:
Open Oregon Educational Resources
License:
CC BY-SA
There is a dearth of OER textbooks in Criminology and Criminal Justice, which made creating this textbook all the more exciting. At times we faced challenges about what or how much to cover, but our primary goal was to make sure this book was as in-depth as the two textbooks we were currently using for our CCJ 230 introduction course. The only way we were willing to undertake this project as if it was as good, or better than the current books students read. We have had very positive feedback about the required textbooks in the course but consistently heard how expensive the books were to buy. We also needed to ensure we met the learning outcomes outlined by SOU for a general education course, as well as the state of Oregon, to make sure this textbook helps students meet those outcomes.
An open textbook for undergraduate Criminal Procedure courses that are typically required of criminal justice majors. The book uses U.S. Supreme Court opinions to illuminate the definition of rights concerning search and seizure, right to counsel, and other aspects of the criminal justice process. This open textbook seeks to make undergraduates familiar with judicial reasoning as well as the definitions of rights relevant to individuals who are drawn into contact with criminal justice officials. The chapters give significant attention to police procedures and individual rights under the Fourth Amendment related to searches, including those using warrants and the situations in which warrant searches are permissible. The book also covers rights in the context of police interrogation, including Miranda warnings and exceptions to the Miranda rule. In addition, there is coverage of the exclusionary rule, right to counsel, plea bargaining, and trial rights. It concludes with a brief examination of rights related to sentencing. This resource challenges undergraduates to understand the development and changes affecting rights as new decisions are issued by the U.S. Supreme Court.
Although this open education resource (OER) is written with the needs and abilities of first-year undergraduate criminology students in mind, it is designed to be flexible. As a whole, the OER is amply broad to serve as the main textbook for an introductory course, yet each chapter is deep enough to be useful as a supplement for subject-area courses; authors use plain and accessible language as much as possible, but introduce more advanced, technical concepts where appropriate; the text gives due attention to the historical “canon” of mainstream criminological thought, but it also challenges many of these ideas by exploring alternative, critical, and marginalized perspectives. After all, criminology is more than just the study of crime and criminal law; it is an examination of the ways human societies construct, contest, and defend ideas about right and wrong, the meaning of justice, the purpose and power of laws, and the practical methods of responding to broken rules and of mending relationships.
El presente trabajo se inicia del problema cuando se investiga de qué manera al sancionar con una misma pena en el delito de Peculado Doloso afecta el principio de proporcionalidad, por lo que es necesario remitirnos al artículo 387 del Código Penal, cuyo tenor es como sigue: El funcionario o servidor público que se apropia o utiliza, en cualquier forma, para sí o para otro, caudales o efectos cuya percepción, administración o custodia le estén confiados por razón de su cargo, será reprimido con pena privativa de la libertad no menor de dos ni mayor de ocho años. Constituye circunstancia agravante si los caudales o efectos estuvieran destinados a fines asistenciales o a programas de apoyo social. En estos casos, la pena privativa de la libertad será no menor de cuatro ni mayor de diez años. Según lo establecido por el Acuerdo Plenario N.° 4-2005/CJ-116, Pleno jurisdiccional de las Salas Penales Permanentes y Transitoria de la Corte Suprema de Justicia, los elementos del tipo penal de peculado son (i) la existencia de una relación funcional, (ii) la percepción, administración o custodia, (iii) apropiación o utilización, (iv) el destinatario: para sí o para un tercero, (v) caudales y efectos. El resultado fue que al sancionar con una misma pena en el delito de Peculado Doloso en su modalidad de apropiación y utilización visten de igual contenido de ilicitud, pese a las diferencias si las apreciamos desde una perspectiva patrimonialista o de salvaguarda del derecho de propiedad del ente público, en la modalidad de utilizar existe un exceso en la penalización afectándose el principio de proporcionalidad, razón por la cual debe tener un tratamiento distinto.
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