Legal knowledge:
1. If a minor child hurts others, the guardian must bear the medical expenses;
2. Equality of inheritance rights between men and women. Don't forget that a married daughter has a daughter's share in her parents' inheritance;
3. If you are injured by a flowerpot falling from the upstairs, take the florist directly to court;
4. If there is a traffic accident on the way to and from work, you have the right to ask your unit to enjoy work-related injury treatment;
5. If the administrative organ refuses to accept the fine, license revocation or administrative detention, it may apply for administrative reconsideration;
6. If summoned by the public security organ, the time shall not exceed 12 hours, and it shall not exceed 24 hours under special circumstances;
7./kloc-children under 0/8 who stay outside at night must be educated, otherwise they will bear corresponding legal responsibilities;
8. If someone borrows money, a debit note must be issued, and the loan amount must be capitalized (note: the statute of limitations is 2 years);
9. If you want to protect your other property, you must not set up a private power grid or poison it, which is a crime of endangering public safety;
10. If you become a defendant and you don't entrust a lawyer due to financial difficulties, the people's court may designate a lawyer who undertakes the obligation of legal aid to provide you with legal help;
1 1. If you want to write a will, you must date it and sign it yourself. When writing on behalf of the book, there must be more than two witnesses present to witness, and the person who writes on behalf of the book, the witness and the testator must sign. It is best to entrust a lawyer to witness and execute the will.
12. Citizens need the help of lawyers in support, work-related injuries, criminal proceedings, requests for state compensation, and requests for pensions according to law. Legal persons who need legal services but are unable to pay legal fees can obtain assistance in accordance with state regulations;
13, the trick of hiring a lawyer.
(1), sign an agency contract with a law firm;
(2) The power of attorney should be clear;
(three) to pay the lawyer's agency fee to the law firm;
(4) tell the truth to the lawyer;
(5) Have a correct understanding of the lawyer's promises or tips;
(6) be familiar with the professional division of labor of lawyers.
3. A legal contract case
Question 1: The contract is not established. Company A's offer is an offer, because Company B refused to accept it on July 14, so the offer has expired; If Company B agrees later, it can be regarded as a new offer to Company A, not a promise. At this time, it only depends on whether Company A makes a commitment to Company B's new offer. If it does, it will be established; if it refuses, it will not be established.
Question 2: Article 24 of the Contract Law, if an offer is made by letter or telegram, the acceptance period shall be counted from the date specified in the letter or the date when the telegram is delivered. If the letter is not dated, it shall be counted from the postmark date of the letter. If the offer is made by means of rapid communication such as telephone or fax, the acceptance period shall be counted from the time when the offer reaches the offeree. ~ ~ ~ ~ So question 2, like question 1, has been rejected first, so the contract is not established.
4. What are the legal tips in life?
The legal tips in life are:
1. If a minor child hurts others, the guardian must bear the medical expenses.
2. Equality of inheritance rights between men and women. Don't forget that you have a parental legacy for your married daughter.
If you are injured by a flowerpot falling from upstairs, you can take their manager to court.
If there is a traffic accident on the way to and from work, you have the right to ask your company for work-related injury treatment.
5. If the administrative organ refuses to accept the fine, license revocation or administrative detention, it may apply for administrative reconsideration.
6. When summoned or summoned by the public security organ, the time shall not exceed 12 hours, and it shall not exceed 24 hours under special circumstances.
7./kloc-children under the age of 0/8 do not go home and must be educated, otherwise they will bear corresponding legal responsibilities.
8. If someone lends you money, you must ask him to issue a receipt, and the amount of the loan must be capitalized. (Note: the limitation of action is 2 years)
9. If you want to protect your family's other property, you must not set up a private power grid or poison it, or you will be guilty of endangering public safety.
10. If you become a defendant and you don't entrust a lawyer due to financial difficulties, the people's court may appoint a lawyer who undertakes the obligation of legal aid to provide you with legal help.
5. What book does Zhejiang College Entrance Examination module use to review legal knowledge in life?
The title of this book is Legal Common Sense in Life.
I. Living in a socialist country ruled by law
1. The essence and basic characteristics of law
The essence of (1) method. (1) Law is the embodiment of the will of the ruling class that has risen to the will of the state. ② The content of ruling class will reflected by law is ultimately determined by social material living conditions. (3) Social factors other than economy also have an influence on the emergence and development of law.
(2) The basic characteristics of law. Law is a special social norm. ② Law is a social norm formulated or recognized by the state. Law is a social norm that stipulates people's rights and obligations. (4) The law is a universally binding social norm, which is guaranteed by the state's coercive force.
Two. Civil rights and obligations
1. Ways to bear civil liability According to the General Principles of the Civil Law, the ways to bear civil liability include: stopping infringement, removing obstacles, eliminating dangers, returning property, restoring the original state, repairing, redoing, replacing, compensating for losses, paying liquidated damages, eliminating influence, restoring reputation and apologizing. These ways of bearing civil liability can be applied separately or in combination.
Third, abide by the contract and breach the contract.
1. A contract (1) refers to an agreement reached by two or more parties on a voluntary basis, that is, to establish, change or terminate a certain civil rights and obligations relationship in order to realize their respective interests. (2) Establishment is a relationship of civil rights and obligations between the parties; Change is to change the civil rights and obligations between the parties; Termination refers to the elimination of civil rights and obligations between the parties. The purpose and consequence of concluding a contract must be to create, change or terminate certain civil rights and obligations. (3) A legally established contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization. Contracts established according to law are protected by law.
Four. Employment and law-abiding management
1. labor contract and the significance of signing a labor contract (1) A labor contract is an agreement between a worker and an employer to establish a labor relationship and clarify the rights and obligations of both parties. Refers to the formal establishment of labor relations between workers and employers. (2) According to the labor contract, the rights and obligations between workers and employers can be fixed and clear, and the legal rights of workers and employers can be maintained and guaranteed. China's labor law stipulates that a labor contract should be concluded to establish labor relations.
Verb (abbreviation for verb) family and marriage
1. Rights and obligations between parents and children (1) According to the provisions of the Marriage Law, the most important obligation of parents to their children is to raise and educate them. Parents also have the obligation 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 stipulate that parents and children have the right to inherit from each other and are the legal heirs in the first order.
Legal remedies for intransitive verbs
1. Mediation, arbitration and administrative reconsideration (1) Mediation is an activity that persuades and educates both parties to a dispute to reach an agreement voluntarily according to law, so as to solve the dispute. People's mediation is a very important way to solve disputes among the people in China. (2) The parties to a contract dispute or other property right dispute may voluntarily submit the dispute to a neutral third party for arbitration according to the arbitration agreement reached before and after the dispute occurs.
Wait a minute.
6. Some legal common sense that must be known in life.
It can be seen that it is necessary to master some legal knowledge.
Here, I sort out the legal common sense that I should know in my life in the form of cases, hoping to help everyone. 1. Pay attention to the information on the copy of your ID card to prevent it from being stolen by criminals. A copy of the ID card should be marked with the following similar words on the front and back with a blue signature pen: This copy of the ID card is only used for handling the XX credit card of XX Bank on XX, XX, XX, XX, and it is invalid for others to use it, and it is invalid for copying it again.
Note that the text should not cover the ID number, but should cover the personal information of the ID card appropriately to prevent copying after cutting. The back is similar.
2. Credit cards don't need a password, just a signature. If it is stolen, the merchant should bear the main responsibility. Because the merchant has the obligation to review the signature.
But in practice, most cashiers don't look at the signature at all. If the password is stolen, the individual needs to bear the corresponding responsibility, because he has the obligation to keep the password well.
3. Don't persuade the drinker to suffer personal injury or death, and persuade the drinker to bear civil liability. 4. Violators who have not been punished for the same illegal act can only be given an administrative punishment.
For example, when driving an overloaded vehicle on a highway and being punished by a high-speed traffic police, it may not be punished again because it does not have the conditions to correct it on the spot. However, if the conditions for correction on the spot are not applicable, no punishment will be imposed. If you don't wear your seat belt as required, you can correct it on the spot in time. If you still don't wear your seat belt after being punished, you can be punished again.
5. It must be distinguished that deposit and margin deposit are bound by guarantee law. Before the establishment of the main contract, the payer who refuses to conclude the main contract has no right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the main contract, it shall return the deposit twice. And the deposit doesn't double.
6. Keep all bills and medical records for medical treatment. If a medical institution conceals or refuses to provide medical records related to disputes, or forges or destroys medical records, it is directly presumed that the medical institution is at fault. Therefore, you must keep all the bills and medical records when you go to the hospital.
For doctors, write whatever you need to write, protect yourself and avoid lying down. 7.4S shop's liability compensation for the test ride accident. If there is an accident in the 4S shop, the test ride service provider shall bear the responsibility, but if the test ride is at fault, the responsibility of the test ride service provider shall be reduced.
Speaking of which, 4S stores want to cry. 8. During the period when the lease contract of the leased house is not terminated, after the house owner sells the house, the buyer shall not terminate the lease contract with the change of the house owner.
Of course, it is no problem to compensate tenants for voluntary termination. For young people struggling to rent in big cities, please read this article and pay attention to the next one.
9. When renting a house, the landlord must issue a certificate of real estate ownership and keep a copy, commonly known as the real estate license. When renting a house, the landlord must issue a certificate of real estate ownership and keep a copy, commonly known as the real estate license. Prevent the second landlord.
At the same time, the landlord must keep a copy of the renter's ID card and check it with the original. Landlords are obliged to provide relevant documents to assist in handling residence permits.
If you rent a house through an intermediary, don't pay the fee directly to the intermediary. Don't tell the agent anything. The role of intermediary is to provide information. Please ask the landlord directly for other things. The landlord must issue a receipt.
At the same time, indicate the list in the contract, including but not limited to the list of internet fees, water fees, electricity fees, gas fees, property fees and indoor equipment and facilities, and agree whether it is possible to decorate, transform or equip household appliances. 10, divorce, derailment and other evidence must be legal, otherwise the evidence may not be accepted. Evidence collection equipment must come from legal sources. You can install 100 cameras in your home, and be careful not to break the law when you install them casually outside.
Generally speaking, it is very useful to go to the hotel through monitoring. However, this is not necessarily considered cheating.
1 1. Make good use of the recording function in your mobile phone and turn it on at any time. However, it should be noted that please do not delete the original recording. The evidence of copying the recording is not as effective as the original recording.
Don't use threats in the recording, but collect evidence in good faith. 12, WeChat screenshot, QQ screenshot, etc. Of course, it has no evidential effect. In other words, I can forge the same evidence by changing the same avatar.
So don't delete the chat records easily, and the screenshots are meaningless. If you are at ease, you can go to the notary office for notarization.
Chat records have the effect of evidence. 13, the merchant declared that many people should have read the merchant's statement.
The final interpretation right of this activity/card belongs to our store and other similar words. This is illegal.
Exclude or restrict the rights of consumers. The overlord clause is invalid.
In addition, it is illegal for merchants to set the consumption time limit for prepaid cards to expire. 14. If the operator of punitive damages knows that the products or services provided are defective, causing casualties to consumers or others, the victim has the right to demand punitive damages less than twice the losses suffered.
Although it is not as punitive damages as the United States, it is not bad. 15, liquidated damages for labor contract. Fresh graduates worry about liquidated damages every time.
Actually, don't worry, because those are formatted texts. The situation that workers need to pay liquidated damages is limited to Article 22/Article 23 of the Labor Contract Law.
Among them, Article 22 stipulates that if an employer provides special training fees and professional technical training for its employees, it may conclude an agreement with the employees to stipulate the service period. If the laborer violates the service period agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
The amount of liquidated damages shall not exceed the training expenses provided by the employer. The liquidated damages that the employer requires the laborer to pay shall not exceed the training expenses that should be shared for the unfinished part of the service period.
Article 23 stipulates that the employer and the employee may agree in the labor contract to keep the employer's business secrets and confidential matters related to intellectual property rights. For the workers who have the obligation of confidentiality, the employer may stipulate the non-competition clause with the workers in the labor contract or confidentiality agreement, and stipulate that after the labor contract is dissolved or terminated, the economic compensation will be paid to the workers on a monthly basis during the non-competition period.
If the laborer violates the non-competition agreement, he shall pay liquidated damages to the employer in accordance with the agreement. Therefore, if there is no special training, no agreed service period and confidentiality clause, the liquidated damages clause in the labor contract will naturally come together.
But it is best to negotiate amicably and leave the company amicably on the premise of respecting the spirit of the contract. Network link.
7. Talk about your knowledge, understanding and feelings about legal common sense in your life, no less than 300 words.
Talk about my understanding of the law.
I think the law is a safe eye. Knowing the law can distinguish between good and evil and distinguish between right and wrong. Law is the window of wisdom, thinking about people.
If you want to get out, your behavior will be limited. As the saying goes:
"Without rules, there is no Fiona Fang."
We know that the planets in the universe are all
After running in their respective orbits,
Otherwise, there will be a big collision between celestial bodies;
Vehicles on the road must obey the traffic rules.
Otherwise it will happen.
Living in society, we must be bound by law. If anyone breaks the law under any circumstances,
Will be investigated for legal responsibility.
12.4
National legal publicity day is a milestone in the process of rule of law in China. I think the establishment of "
12
four
"National legal system
Publicity day is conducive to the legal publicity and education in a wider field and a broader space to play a role and continue to develop in depth.
it
This is the innovation of legal publicity and education.
There are many rules in life.
Legal issues in society.
Because of the big-headed baby and the melamine milk powder incident,
baby milk
This issue is of particular concern,
Feng Dongchuan, a doctor at Xuzhou Children's Hospital in Jiangsu Province, found many similar cases.
In the busy work
Take time to contact colleagues in hospitals all over the country 2.
With his unremitting efforts,
Finally found the problem of milk powder,
Here you are, doctor.
In an era when medical ethics are questioned,
He reinterpreted what is medical ethics.
From a legal point of view, food safety is related to the national economy and people's livelihood.
Feng Dongchuan reported the quality problem of milk powder to the State Administration of Quality Supervision with his real name, based on the conscience of doctors and the responsibility of citizens.
Supervise the relevant departments
Standardize the quality standards of milk powder,
It has played an exemplary role in cultivating and promoting the civic responsibility and consciousness of modern society.
This is the power of the law.
High drunkenness case.
1 1
year
five
In August this year, Gao caused a car accident while driving under the influence of alcohol. What is the standard of drunk driving?
Can exceed a glass of beer! This standard for testing alcohol concentration is not only unreasonable, but also extremely unfair. For example,
Some people get drunk after drinking half a glass of beer.
However, it is normal to be tested for alcohol while driving;
Some people can drink a bottle of white wine,
But you can only drink
View from a height or a distance
1
A glass of beer may be drunk driving. Gao was punished for this. Gao was the first person arrested for drunk driving.
The artist, his verdict,
This also proves the progress of China's laws,
It marks the equality of the law,
And restriction on public figures.
An increase in force.
About my own legal problems,
We are at school now,
If you have a student loan,
So who is responsible for the loan?
Who, the repayment period and so on are all laws. Another example is the agreement and contract signed with the employer after graduation, such as
How to protect your legal treatment. Marriage law can be used in a few years. The law is at hand, only knowing it.
Only in this way can we better safeguard our rights and interests when our vital interests are violated.
Law is very important in life,
I think every college student should know legal knowledge and can't watch this.
Years of books, not even the most basic legal knowledge. Here are some of my thoughts:
First of all, I think we should be law-abiding citizens in our daily life anyway. No matter how full you are.
reason
By,
It should not be illegal.
I think if a person can strictly abide by the law,
Then he is to some extent.
safe
All of them. As a college student, we must abide by the law, because we are high-quality talents of our country.
Second, while obeying the law, we should also improve our moral quality, behave gracefully and have a good temper. There is a saying,
Do things like water, like mountains,
I think it's accurate.
Third,
I don't think a college student should only care about his own study.
We should take part in public activities.
university
It should not only be a place to study books,
We should learn all kinds of knowledge and exercise our way of thinking and ability.
Laws are everywhere,
Many people just don't have that kind of consciousness many times.
In teacher Zhou's teaching
I will definitely learn more knowledge and protect myself with the law.
8. What are the common contracts in life?
China's contract law lists the following 15 contracts: sales contract, electricity, water, gas and heat supply contract, gift contract, loan contract, lease contract, financing lease contract, contract, construction project contract, transportation contract, technology contract, storage contract, entrustment contract and intermediary contract.
The above-mentioned 15 contracts specifically listed in the contract law are called "famous contracts" in legal theory. However, it is not just famous contracts that are valid. Any contract voluntarily concluded between people, as long as it does not violate national laws and regulations and social public order and good customs, is valid and protected by national laws even if it is not specifically listed in the contract law.
9. Legal cases in daily life
I. Case of IOU IOU: Not long ago, my friend borrowed money from me and wrote an IOU, which I didn't care at that time.
Later, I read in the book that the legal nature of IOUs and IOUs is different, and some borrowers lost the case because of this difference. Now I am worried that if the other party does not pay back the money, I will sue the court and the judge will not support the existence of a loan relationship between us.
There are some differences between IOUs and IOUs in legal nature: IOUs explain the loan relationship established between the parties, which is a contract form established after one party pays the loan. But the IOU is due to other legal relations, such as damages, construction and so on.
However, whether it is an IOU or an IOU, the court should examine and verify the reasons and facts of the relevant debts in the proceedings. Second, the case of private lending: I have made some money doing business in recent years.
My relatives and friends borrowed money from me more often. If they don't borrow money, it won't hurt their feelings. Besides, the interest rate of banks is low now, so they can get higher interest by lending. However, it is always contradictory to borrow it for fear of not getting it back.
Matters needing attention in lending and the state's interest restrictions on private lending: According to the relevant provisions of the law, private individuals can borrow, and general private lending is legal. This loan relationship belongs to a practical contract, that is, the contract can only be established after one party pays the loan. If there is no agreed interest in the loan, it is regarded as an interest-free loan.
According to the regulations, the loan interest cannot exceed 4 times of the bank's loan interest for the same period. If possible, when borrowing money, you should first form written evidence, and then it is best to ask the other party to provide mortgage or guarantee.
3. Pre-marital property and personal property case: My girlfriend * * * and I have lived together for nearly half a year, signed a house sale contract with a real estate company in the names of both parties, and the relevant real estate registration procedures are still being processed. Now the two sides feel that they are not suitable for each other and decide to break up.
But my girlfriend suggested that we eat and live together, and she should have a part of the purchase price. Relevant provisions on personal property before marriage: According to the provisions of the Marriage Law and relevant judicial interpretations, the personal property of either spouse before marriage is still personal property regardless of the duration of the marriage.
If the two parties are unmarried and belong to a cohabitation relationship, during the cohabitation period, the property shall be handled according to the following principles: if it can be proved that it is the personal property of one party, it will still be owned by the individual. If there is no evidence to prove it, it is presumed that * * * belongs to all.
Before marriage, if the purchase price is paid by one party, the property is generally owned by one party. However, after the purchase price is paid, if two people enter into a contract to handle the real estate in the names of both parties, this behavior can be regarded as a gift, and the woman can enjoy part of the rights of the real estate. This requires specific case analysis to see why the man registered the property in the woman's name.
4. Compensation case of cooperative labor service injury: In February this year, I partnered with three other people to catch eel fry in the Yangtze River estuary. In an operation, I accidentally caught on a cable and fell into the water. After all-out rescue, he saved his life, but his right leg was amputated.
For this reason, it cost more than 30 thousand yuan in medical expenses, causing lifelong disability. Distribution of work-related injury compensation for cooperative labor: the four of you * * * contribute together, * * * work together, * * * enjoys the rights and interests, * * * bears the risks, which is legally called individual partnership.
The Supreme People's Court stipulated in 1987 10 year 10 month 10 "whether other members should bear civil liability for accidental death in business activities": "For the same interests of partners, as one of the beneficiaries of the partnership, it is both reasonable and relevant to give appropriate economic compensation to the families of the deceased. You were accidentally injured in your homework because of the partnership.
In this regard, with reference to the spirit of the above reply, each partner shall be liable for your losses according to the proportion of its capital contribution or shares. Therefore, you can negotiate with other partners to solve your losses; If negotiation fails, a lawsuit can be brought to the local people's court, and the court will make a fair ruling.
Verb (abbreviation of verb) deposit in the name of children is not a gift case: my father deposited 50 thousand yuan in the bank in my name a few years ago. At the end of last year, after my father died, we found this deposit slip while sorting out his belongings.
To this end, my brother and I had an argument. I think that my father deposited 50,000 yuan in the bank in my name, indicating that my father gave me this deposit; My brother thinks this deposit should be his father's legacy.
Deposit in children's name is not a gift: a gift refers to the act that the donor voluntarily gives all his property to the donee for free. Gift is an act of transferring ownership. After the gift is established, the donor loses the ownership of the gift and the donee gains the ownership. Giving is free and one-way, otherwise, it becomes a business; Gift is practical, and a gift can only be established if the donor actually delivers it and the recipient actually accepts it.
According to China's laws, a legal act must have a clear expression of meaning before it can take effect. In this case, although your father deposited RMB 50,000 into the bank in your name, your father didn't tell you the fact of the deposit before his death, nor did he explicitly express his willingness to give you the deposit in writing or orally, nor did he actually deliver the deposit certificate to you.
Therefore, there is insufficient basis to think that your father's behavior is to give you a deposit. This deposit of 50,000 yuan should be regarded as your father's legacy, which will be inherited by all legal heirs.