Legal knowledge:
1, if the minor child will be touched by someone, the guardian must bear the medical expenses;
2, inheritance is equal for both men and women, married out of the daughter don't forget that the parents inheritance has a daughter's share;
3, if the you are injured by a flowerpot falling from upstairs, you can directly take the person who raises the flowers to court;
4. If you have a traffic accident on your way to or from work, you have the right to claim work injury treatment from your unit;
5. If you are not satisfied with the administrative authorities' fines, license revocation, administrative detention, etc., you can apply for administrative reconsideration;
6. If you are summoned by the public security organs or detained, the time shall not exceed 12 hours, and under special circumstances shall not exceed 24 hours;
7, if a child under the age of 18 years old does not return home at night, the child must be educated, or else he or she will be held legally responsible;
8, if someone else borrows money, he must be asked to issue a loan note, and the amount borrowed must be capitalized, (Note: the statute of limitations is 2 years);
9, if Want to protect their other property, must not set up a private power grid or set up poison, etc., is the crime of endangering public **** security;
10, if you become a defendant, and because of financial difficulties did not appoint a lawyer, the people's court can designate the obligation to undertake legal aid lawyers to provide legal assistance for you;
11, if you want to write a will, be sure to specify the date of the year, month and day, and sign it in person. Let someone write on behalf of the will, must be more than two witnesses present to witness, the surrogate, witnesses, the testator must sign, it is best to appoint a lawyer to witness and execute the will;
12, citizens need to obtain a lawyer's help in the alimony, work-related injuries, criminal proceedings, requesting compensation from the state and requesting pension according to the law, legal persons in need of legal services, but can not afford to pay for lawyers, can be provided with assistance in accordance with state provisions Obtain assistance;
13, hire a lawyer know-how.
(1), with the law firm to sign a contract of proxy;
(2), the lawyer's right to representation should be clear;
(3), the lawyer's agency fee to the law firm;
(4), to the lawyer should tell the truth;
(5), to the lawyer's promise or implied to have a correct understanding of the lawyer;
(6) , to be knowledgeable about the lawyer's professional division of labor.
3. A case on contract in law
Question 1: The contract is not formed. Company A's offer is an offer, because company B has refused to commitment on July 14, so the offer has lapsed; company B later agreed to it can be regarded as it sends a new offer to company A, rather than a commitment, at this time only depends on whether company A to company B's new offer to make a commitment to make it is established, the refusal of the contract is not established.
Question 2: Article 24 of the Contract Law offer to make a letter or telegram, the commitment period from the date specified in the letter or telegram delivery date to start calculating. If the letter does not contain the date, from the postmark date of the posting of the letter to start counting. If the offer is made by telephone, facsimile or other means of rapid communication, the duration of the commitment begins to run when the offer reaches the offeree. ~~~~~~ Therefore, question two, like question one, has been rejected first, so the contract has not been formed
4. What are the legal truisms in life
The legal truisms in life are:
1. If a minor child touches someone and injures him or her, the guardian must bear the medical expenses.
2. Inheritance is equal for both men and women, don't forget that married daughters have a share of their parents' inheritance.
3. If you are injured by flower pots falling from the upper floors, you can take their managers to court.
4. If you are involved in a traffic accident on your way to or from work, you have the right to ask your employer for work-related injuries.
5. If you are not satisfied with the administrative authorities' fines, license revocation or administrative detention, you can apply for administrative reconsideration.
6. If a person is summoned or detained by the public security organs, the period of time shall not exceed 12 hours, or 24 hours under special circumstances.
7. If a child under the age of 18 does not return to his or her home, the child must be educated, otherwise he or she will have to bear the corresponding legal responsibility.
8, if someone borrows money from you, you must ask him to issue a loan, and the amount of money borrowed must be capitalized. (Note: the statute of limitations for 2 years)
9, if you want to protect their own guys other property, you must not set up a private power grid or set up poison, etc., or waiting for: endangering the safety of the public **** crime.
10, if you become a defendant, and due to financial difficulties did not appoint a lawyer, the people's court can designate the obligation to undertake legal aid lawyers to provide you with legal assistance.
5. Zhejiang College Entrance Exam Module Review of legal knowledge in life with what book
The title of the book is "Legal Knowledge in Life"
I. Living in the socialist rule of law
1. The nature of the law and its basic features
(1) The nature of the law. ① The law is the embodiment of the will of the ruling class that rises to the level of the national will **** the same will. ② The content of the will of the ruling class reflected in the law is ultimately determined by the material conditions of life in society. ③ Social factors other than the economy also have an influence on the emergence and development of law.
(2) The basic characteristics of law. ① law is a special social norms. ② law is a social norm formulated or recognized by the state. ③ Law is a social norm that stipulates the rights and obligations of people. ④ law is the state coercive force to ensure the implementation of universally binding social norms.
Second, civil rights and obligations
1. Ways to bear civil liability The General Principles of Civil Law provide that the ways to bear civil liability are: stopping infringement, removing obstacles, eliminating dangers, returning property, restoring the original state, repairing, remaking, replacing, compensating for losses, paying liquidated damages, eliminating the impact, restoring reputation, and apologizing for the loss. These ways of assuming civil liability, can be applied separately, can also be applied in combination.
Third, abide by the contract and breach of contract
1. Contract (1) The contract refers to more than two parties on a voluntary basis to reach a **** knowledge, that is, the establishment, change and terminate some kind of civil rights and obligations, in order to achieve some kind of interest in each of them to enter into an agreement. (2) Establishment, is to make the civil rights and obligations between the parties; change, is to make the civil rights and obligations between the parties to change; termination, is to make the civil rights and obligations between the parties to the annihilation of the relationship. The purpose and consequences of the conclusion of the contract must be to produce, change or terminate certain civil rights and obligations. (3) The contract established by law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement, and shall not change or terminate the contract without authorization. The contract established by law, protected by law.
Fourth, labor and employment and law-abiding business
1. The significance of labor contracts and the signing of labor contracts (1) The labor contract is an agreement that establishes the labor relationship between the worker and the employer and specifies the rights and obligations of both parties, which indicates that the worker and the employer have formally established a labor relationship. (2) According to the labor contract, the rights and obligations between the worker and the employer can be fixed and clarified, and the legal rights of the worker and the employer can be protected and safeguarded. China's labor law provides that the establishment of labor relations should be concluded labor contracts.
V. Family and Marriage
1. Rights and Obligations between Parents and Children (1) According to the Marriage Law, the most important obligation of parents to their children is the obligation to raise and educate them. Parents also have the duty to protect and educate their minor children. (2) Children have the obligation to support and assist their parents. China's marriage law and inheritance law also provides that parents and children have the right to inherit from each other, and each other as the first order of legal heirs.
VI. Legal remedies
1. Mediation, arbitration and administrative reconsideration (1) Mediation is an activity to resolve disputes through a third party's detachment, persuasion and education, and prompting the parties in dispute to reach an agreement voluntarily in accordance with the law. People's mediation is a very important way of dispute resolution in China. (2) contract disputes and other property rights and interests of the parties, according to the arbitration agreement reached before and after the dispute, voluntarily submit the dispute to a neutral third party for adjudication of the dispute settlement method.
And so on.
6. Life must know a few legal knowledge
As you can see, it is necessary to have some legal knowledge.
Here will be the life should know the legal knowledge in the form of cases to organize, I hope to be able to help you. 1, the ID card copy to add information to prevent the theft of lawless elements ID card copy should be used with a blue pen in the front and back respectively, add the following similar text: this ID card copy is only used for 20XX XX XX XX bank XX credit card, other use This copy of the ID card is only for the purpose of applying for XX credit card of XX bank on 20XXX.
The annotated text should not obscure the ID number, but should be appropriate to cover the personal information part of the ID card, in order to prevent cutting and then copying. The back is similar.
2, credit cards do not need to set a password, just a signature When stolen, the merchant bears the main responsibility. This is because the merchant is obligated to review the signature.
But in practice, most cashiers don't even look at the signature. If you set up a password to be stolen, you need to take responsibility for it, because you have the obligation to keep the password.
3, do not persuade the person who was persuaded to drink after the personal injury, persuade the person to bear civil liability. 4, one thing is no longer punished The offender the same offense, can only be punished with an administrative penalty.
For example, you are driving an overloaded vehicle on the highway, due to the conditions of not having to correct on the spot, the high-speed traffic police punishment, and then again when you are investigated shall not be punished again. But with on-the-spot corrective conditions do not apply a matter of no longer punishable, such as not in accordance with the provisions of the seat belt, as can be corrected on the spot in a timely manner, after being punished, still do not wear a seat belt can be punished again.
5, be sure to distinguish between the deposit and deposit deposit deposit subject to security law, the main contract was established before the deposit party refused to enter into the main contract has no right to request the return of the deposit; the deposit party refused to enter into the main contract, the deposit should be doubled back. And the deposit is not doubled back.
6, medical care must be retained all the bills, medical records information Medical institutions to hide or refuse to provide medical records related to the dispute, or falsification of the destruction of medical records, the direct presumption that the medical institution is at fault. So, you must keep all the bills, medical records information.
For the doctor should write up, protect yourself, avoid lying shot.7, 4S store test ride in the accident liability compensation 4S store test ride in the accident caused by the test ride people damage by the test ride service provider is responsible, but the test ride people are at fault should be mitigated to provide the test ride service provider's responsibility.
When it comes to this, 4S stores want to cry.8, the sale does not break the lease During the housing lease contract, the owner of the house sells the house, the buyer shall not be required to terminate the lease contract with the change of the owner of the house.
Of course, compensation to the renter of both sides of the voluntary termination is no problem. For the struggling young people who rent in big cities, please read this article and pay attention to the next one.
9, rent must be issued by the landlord of real estate ownership certificate and retain a copy, commonly known as real estate certificate Rent must be issued by the landlord of real estate ownership certificate and retain a copy, commonly known as real estate certificate. Prevent the second landlord.
At the same time, the landlord must retain a copy of the renter's identity card and check with the original. The landlord is obliged to provide the relevant documents to assist in obtaining a residence permit and so on.
Renting a room through an intermediary is not a good idea, but it's a good idea to pay the rent directly to the intermediary, and not to talk to the intermediary about everything, because the intermediary's role is to provide information, and the other things are directly related to the landlord. The first thing you need to do is to get a receipt from the landlord.
And at the same time in the contract specify the list, including but not limited to the network payment status, water, electricity, gas, property costs and the list of equipment and facilities in the house, and at the same time to agree on whether or not you can carry out the renovation, renovation or after the home appliances and other issues. 10, the divorce cheating and so on, the forensics must be legal, or the evidence may not be accepted Forensic equipment must be a source of legitimate, in the installation of the home of their own! A hundred cameras can be installed outside the randomly installed to be careful not to violate the law.
Generally speaking, through the means to go to the hotel to retrieve the monitoring is quite good. However, this is not necessarily recognized as cheating.
11, make good use of the recording function in the cell phone always ready to open the recording function. However, it is important to note that do not delete the original recording, copy the recording after the evidence is not as effective as the original recording.
Don't use threatening and intimidating tones in the recording, and take evidence in a peaceful manner. 12, microblogging screenshots, QQ screenshots, etc. are not certainly evidence of the effectiveness of the In other words, I change the same avatar, can be forged to the same evidence.
So chat records do not easily delete, screenshots do not have any meaning. If you are looking for peace of mind, you can go to a notary public to notarize.
Chat records have the effect of evidence. 13, the business illegal claims Many people should have seen the business said.
This activity / this card final interpretation of all the store and other similar words. This is illegal.
Exclude or limit the rights of consumers. The company's website is a great source of information about the company's products and services.
In addition, the business if the rechargeable card is set up to consume the time limit expired to zero, is also illegal. 14, punitive damages Operators know that the product or service is defective, and still provide, resulting in casualties to consumers or others, the victim has the right to request the loss of up to two times the punitive damages.
Although the punitive damages are not comparable to those in the United States, they are not bad at all. 15, labor contract damages The newly graduated college students are very worried about the damages.
In fact, you don't have to worry about it because it's a formality. The situation in which workers need to pay liquidated damages is limited to Article 22/23 of the Labor Contract Law.
Article 22 of the law provides that the employer shall provide special training expenses for the workers and provide them with professional and technical training, and the employer may enter into an agreement with the workers to agree on the period of service. The laborer violates the agreement on the service period, shall pay liquidated damages to the employer in accordance with the agreement.
The amount of liquidated damages shall not exceed the cost of training provided by the employer. The amount of liquidated damages that the employer requires the worker to pay shall not exceed the amount of training costs that should be shared for the unfulfilled part of the service period.
Article 23 stipulates that the employer and the worker may agree in the labor contract to keep the employer's commercial secrets and confidentiality matters related to intellectual property rights. For workers who are under the obligation of confidentiality, the employer can agree with the workers on the non-competition clause in the employment contract or confidentiality agreement, and agree to give the workers economic compensation on a monthly basis during the non-competition period after the termination or termination of the employment contract.
Laborers who violate the non-compete agreement should pay liquidated damages to the employer according to the agreement. Therefore, if you do not receive special training and agreed period of service, as well as agreed confidentiality terms, the contract of employment in the liquidated damages clause does not matter.
However, it is best to please respect the spirit of the contract under the premise of amicable negotiation, amicable departure. Link to the page.
7. Talk about your knowledge, understanding and feelings of the law in life, not less than 300 words
Talk about my knowledge of the law
I think that the law is the eyes of security, know the law can identify the evil and the right and the wrong; the law is to know the wisdom of the window, the human thoughts
ideas for the point of plucking, the behavior of the constraints. As the saying goes:
"There are no rules, not round"
We know that the universe of the planets, are
in accordance with their respective orbits,
otherwise it will be celestial collision;
vehicles on the road must abide by the rules of the road,
otherwise it will be have traffic
accidents. We live in a society that is bound to be bound by the law as well, and anyone who violates the law in any situation once
will be held legally responsible.
12.4
of the National Legal Awareness Day is our landmark progress in the rule of law, I think the establishment of the "
12
-
4
"National Legal
Awareness Day is conducive to the legal publicity and education in the broader field and a broader space to play a role and constantly deepen the development.
It
is an innovation in the way of legal propaganda and education.
There are many laws in life.
Legal issues in society.
Because of the big head baby and melamine milk powder incident,
the baby's milk powder
problem is particularly concerned,
Xuzhou Children's Hospital in Jiangsu Province, Feng Dongchuan in the discovery of a number of similar cases of the case,
in the busy work
take the time to contact colleagues in hospitals across the country,
in his
In his tireless efforts,
he finally discovered the problem of milk powder,
In this era when doctors
are questioned about their medical ethics,
he once again interpreted what is medical ethics.
From a legal point of view, food safety is a matter of national importance,
Feng Dongchuan, with his conscience as a doctor and his responsibility as a citizen, reported the quality of milk powder to the State Administration of Quality Supervision in his name,
prompting the relevant departments
to regulate the quality standards of milk powder,
in the cultivation and promotion of the responsibility of the citizens of the modern society and awareness of the role of the role of the model,
the first time in the history of the world's most important city, the world's most important city, the world's most important city.
This is the power of the law.
Gao Xiaosong drunkenness case.
11
In May
, Gao Xiaosong caused a car accident while driving under the influence. The standard for drunk driving is no
more than one beer! This standard for testing BAC is not only an unreasonable test, it's also extremely unfair. For example,
some people drink half a glass of beer and get drunk,
but it's normal to drive and get a breathalyzer test;
while some people can drink a bottle of white wine,
but only drink
1
glass of beer, and then it may be a drunk driver. Gao was penalized for this. As the first entertainer to be detained
for drunk driving, Gao's sentence
is a testament to the progress of China's laws,
a sign of equality under the law,
and an increase in the restraints
placed on public figures.
Regarding my own legal issues,
Now in school we,
if you have student loans,
then the person responsible for the loan is
who, the repayment period and so on all these are laws. Another example is the agreements and contracts we sign with employers after we graduate, such as
how to maintain our legal entitlements. And then after a few years, you can use the Marriage Law. The law is around, only know the law
to be able to better protect their rights and interests in life when their vital interests are violated.
The law is very important in life,
I think every college student must understand the legal knowledge, can not read the
so many years of books, even the most basic legal knowledge are not. Here are some of my thoughts:
First, I think that in daily life, no matter what, we must be a law-abiding citizen. No matter how well one has
reason
reason,
one should not break the law.
I think if a person can strictly abide by the law,
then his person is
safe
to a certain extent. As a college student, it is even more important to abide by the law, because we are the high-quality talents of a country.
Secondly, while abiding by the law, we also need to improve our moral quality, be poised and have a good temper. There is a saying,
Being a man is like water, doing things is like a mountain,
and I think it is very accurate.
Thirdly,
I think a college student should not only care about his own study,
but also participate in public events.
The university
should not just be a place to learn books,
we need to learn all kinds of knowledge to exercise our own way of thinking and all kinds of ability.
The law is everywhere around us,
and many people just don't have that kind of awareness a lot of the time.
Under Mr. Zhou's teaching
, I will definitely learn more knowledge and use the law to protect myself. The contract.
The above 15 kinds of contract law in the contract law specifically listed in the theory of law called "famous contract". But not only the famous contract is valid, where people voluntarily enter into a contract, as long as it does not violate the laws and regulations of the state, do not violate the public order and morals of society, even if the "Contract Law" does not specifically list it is also valid, the same by the protection of national law.
9. Legal cases in daily life
I. IOUs and IOUs Case: Not long ago, a friend borrowed money from me and wrote a note, which I didn't care about at the time.
Later, I saw the book said that the legal nature of the note and the note is different, some borrowers also because of the difference between the word lost the lawsuit. Now I am worried that if the other party does not pay back the money, I sued to the court, the judge will not support the existence of a loan relationship between us.
The loan and the note in the legal nature of the difference: the note describes the establishment of the borrowing relationship between the parties to a party to the borrowed money after the delivery of the establishment of the contract mode. And the note is due to other legal relationships that lead to the occurrence of the fact of arrears, such as damages to the arrears, construction arrears and so on.
But whether it is a note or a loan, in the lawsuit, the court will review and verify the reasons and facts of the debt. Second, private lending Case: In the past few years, I did business to earn some money.
Relatives and friends to borrow money from me more often than not, if not borrowed, in the way, but emotion, and now the bank interest rate is low, lending out can get a higher interest rate. But borrowed, and afraid to collect back, so it is always very contradictory.
Notes on lending, the state of private lending interest restrictions: According to the relevant provisions of the law, private individuals can borrow money, general private lending is legal, this lending relationship is a practical contract, that is, one party must deliver the loan after the contract is established. Borrowing without the agreement of interest is considered to be interest-free borrowing.
Borrowing interest is required not to exceed the bank interest rate for the same period of four times the loan interest. If possible, in the borrowing of the first to form written evidence, and then it is best to require the other party to provide security or guarantee.
Third, premarital property and personal property Case: I live with my girlfriend *** with nearly half a year, and by my money in the name of the two of us and the real estate company signed a contract for the sale of housing, the relevant real estate registration procedures are still in progress. Now both sides feel each other is not very suitable, decided to break up.
But my girlfriend proposed that we are *** with food and housing, the purchase of housing should be part of her. The relevant provisions of the pre-marital personal property: according to the provisions of the marriage law and relevant judicial interpretations: before the marriage of the couple of any party's personal property regardless of the length of time of marriage, are still personal property.
If the two sides are not married, belonging to the cohabitation, during the period of cohabitation, the property is handled in accordance with the following principles: can be proved to be a party's personal property, still belongs to the individual. If there is no evidence to prove it, it is presumed to be *** with all.
Before marriage, if the purchase price for a party to pay, the property is generally owned by a party, but after the payment of the purchase price, the two *** with the conclusion of the contract, the property in the name of the two sides, this behavior may be considered a gift, the woman may enjoy some of the rights of the property. This is to analyze the specific case, look at the man will be registered in the name of the woman's reasons.
Fourth, the partnership labor compensation for injuries Case: In February this year, I worked with three other people in the Yangtze River mouth to catch eel fry. In an operation, I was accidentally strangled by the cable and fell into the water, and then after all efforts to rescue, although the life, but the right leg was amputated.
This cost more than 30,000 yen in medical expenses and resulted in permanent disability. The distribution of injury compensation for partnership labor: the four of you *** with the capital, *** with the labor, *** to enjoy the rights and interests, *** to bear the risk, in the law known as individual partnership.
The Supreme People's Court in October 10, 1987, "on the individual partnership members engaged in business activities in the accidental death of other members should bear civil liability issue of the approval of the reply": "for the partners of the *** with the interests of the business transportation activities, inadvertently squeezed to death by the car, as a partnership one of the beneficiaries of the operation of the family of the deceased to give the proper economic compensation, both reasonable and in accordance with the spirit of the relevant legal provisions." You were injured in the operation, which was caused by the execution of partnership matters.
In this regard, with reference to the spirit of the above Approval, the partners should bear the corresponding compensation responsibility for your losses according to the proportion of their capital contribution or share. Therefore, you can negotiate with the other partners to solve your losses; if the negotiation fails, you can sue the local people's court, and the court will make a fair decision.
Fifth, in the name of the child deposit is not a gift behavior Case: My father in a few years ago, 50,000 yuan in my name into the bank. At the end of last year, after my father died, we found this deposit slip when organizing his belongings.
For this reason, I had an argument with my brother. I think that my father deposited 50,000 RMB in the bank in my name, which means that my father gifted this deposit to me; while my brother thinks that this deposit should be my father's inheritance.
Deposits in the name of the child is not a gift: gift is the donor voluntarily all of their own property to the donee free of charge all the behavior. Gift is the act of transferring ownership, after the establishment of the act of gift, the giver lost the ownership of the gift, the donee acquired ownership; gift is gratuitous and one-way, otherwise, it becomes a sale; gift is practical, only the actual delivery of the gift of the giver and the donee to actually accept the gift of the gift of the gift of the gift, the gift is established.
According to China's laws, legal acts must have an express meaning to be valid. In this case, although your father will 50,000 yuan in your name in the bank, but your father was not informed of the fact that the deposit, not to mention in writing or verbally expressly expressed the willingness to gift the deposit to you, but also did not actually deliver the deposit slip to you.
Therefore, your father's behavior, recognized as a gift of the deposit to you based on insufficient.
The deposit of 50,000 yuan should be inherited by all the legal heirs as your father's estate.