scholarly journals Legal Knowledge for Future Transport Employees

2020 ◽  
Vol 18 (1) ◽  
pp. 260-264
Author(s):  
I. V. Kholikov

A suggested review is devoted to the textbook «Jurisprudence for students of transport universities» prepared by the staff of the department «Transport Law» of the Law Institute of Russian University of Transport. The textbook in a systematic form sets out the didactic blocks included in the course «Jurisprudence», aimed at specialists of transport universities and containing material necessary and sufficient to build legal competencies for future specialists in the field of transport, which will ensure their successful fulfillment of their future responsibilities in the context of digitalization of the economy and transport logistics. The presented material reflects all modern trends of dynamically developing Russian legislation, recent changes in regulatory legal acts regulating activities in the field of transport. The publication may be of interest not only for students, but also for scientists, teachers, specialists and everyone who is interested in issues of law and its relations with functioning of the transport system.

Author(s):  
Дар’я Коваль

The article defines the category of “knowledge of the law”, reveals their components ‒ the level, scope and content of legal information. The relation between the concepts of “information” and “knowledge” has been established. Necessary and sufficient legal knowledge for the future teacher of history and jurisprudence have been identified, which includes: a system of historical, legal and psychological-pedagogical knowledge necessary and sufficient for professional activity, their breadth, volume, depth; mastering the process of acquiring this knowledge with subsequent use of it in educational and legal activities; focus on studying the law, legal literature, solving legal situations and considering social and legal problems, seeking information on changes in the social and legal life of society and the state, studying historical and legal disciplines, the legal status of a person, free operation of elementary legal concepts, awareness of the need for legal knowledge, knowledge of human and child rights in future professional activity and their proper application in defending their views, positions. The levels of legal knowledge sufficiency are set: high, medium, low, according to the characteristics: breadth of legal knowledge, their volume, depth. The high level includes students whose breadth, volume, depth of legal knowledge make it possible to always find the right legal criterion for personal action, on the one hand, and on the other, require legitimate behaviour and correct judgment from others. For intermediate-level students, interest in legal knowledge is limited to the “required” curriculum. Students with low levels of interest in law are unstable, with many gaps in legal knowledge. In general, the level of knowledge is insufficient to understand legal relations. Students do not have the necessary skills and abilities to conduct law enforcement work with students.


Author(s):  
Alexander Kukharev ◽  
Alexander Rusu

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.


Author(s):  
R. A. Maller

AbstractThe main purpose of the paper is to give necessary and sufficient conditions for the almost sure boundedness of (Sn – αn)/B(n), where Sn = X1 + X2 + … + XmXi being independent and identically distributed random variables, and αnand B(n) being centering and norming constants. The conditions take the form of the convergence or divergence of a series of a geometric subsequence of the sequence P(Sn − αn > a B(n)), where a is a constant. The theorem is distinguished from previous similar results by the comparative weakness of the subsidiary conditions and the simplicity of the calculations. As an application, a law of the iterated logarithm general enough to include a result of Feller is derived.


2020 ◽  
Author(s):  
Mihael Drofenik

The well-known definition of disease, which Samuel Hahnemann presented in a tentative theory for his new science and art of healing, is used as the starting point for the thermodynamic model of homeopathy. The Le Chatelier principle was applied to the biochemical equilibrium compartmentalized in the individual human cells of an ill person to explain the curing based on the re-establishment of the starting equilibrium of a healthy person when using a remedy. It is revealed that a high dilution accompanied by succession is required to release the remedies to their constituent molecular species in order to increase their activity when taking part in the biochemical equilibrium that is essential for healing. In addition, a single remedy reaction-product species, when it is in excess, as well as satisfying the kinetic equilibrium, is a necessary and sufficient condition to force the new biochemical equilibrium in the direction of the basic original equilibrium associated with a healthy state. In addition, homeopathic aggravation is considered on the basis of the Law of Mass Action and the role of the small remedy concentration in some high-profile models is revisited. The second elementary law of homeopathy, the Law of the Infinitesimals, was explained based on a kinetic model. When a remedy occurs in the human cell of a healthy person and forms a reaction product (Simillimum) that induces the finest medical symptoms of an ill person, then remedies entering the cell of the ill person will form identical Simillimum molecules and re-establish the initial equilibrium of the healthy state and cure the ill person. However, this will also induce a molecular crowding in the cells of the ill person. For kinetic reasons, this will aggravate the re-establishment of the initial equilibrium and consequently worsen or even interrupt the medical treatment. At a low remedy concentration, the molecular crowding becomes negligible while the formation of the Simillimum and the re-establishment of the initial equilibrium will take place continuously and cure the person who is ill. The final understanding of the Simillimum in the thermodynamic model was illuminated and wide-opened its duality with the ill person’s key compound.


2021 ◽  
pp. 453-472
Author(s):  
Gary Watt

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter shows how a stranger to the trust may be threatened with personal equitable liability. It explains the rationale behind equitable liability for ‘knowing receipt’ of trust property, considers the distinction between ‘knowing receipt’ and ‘inconsistent dealing’, examines the nature of a stranger’s liability for dishonest assistance in (or procurement of) a breach of trust and looks at possible reforms of the law in this area. The chapter also discusses how liability of strangers differs from tracing, trusteeship de son tort, the four requirements for ‘dishonest assistance’ (existence of a trust, breach of the trust, assistance and dishonesty), the relationship between knowledge and dishonesty in cases of dishonest assistance and whether accessory liability should be a common law tort.


2019 ◽  
pp. 261-287
Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter examines the frustration of a contract. Fundamental changes in the facts assumed by the parties, ‘frustrating events’ such as natural disasters and less catastrophic events, may fundamentally change the parties’ obligations and frustrate the contract. Frustration of a contract brings the parties’ obligations to an end; a less substantial, non-frustrating event will have no effect and the parties must continue to perform their obligations even if they have become more onerous. The discussions cover the allocation of risk, examples of frustration, limits on frustration, effects of frustration and the Law Reform (Frustrated Contracts) Act 1943.


2019 ◽  
pp. 172-202
Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter is concerned with the territory just beyond the borders of the contract, where we find the representations which are not part of the contract but which influenced its creation and which, if false, are remedied by the law on misrepresentation. The discussions cover the key elements of the definition of misrepresentation; the differences between fraudulent, negligent and innocent misrepresentations; and the remedies of rescission and the various rights to damages. This also includes the bars on the right to rescind, the principles of assessment of damages and the controls on excluding liability for misrepresentation.


2020 ◽  
pp. 329-359
Author(s):  
Carol Brennan ◽  
Vera Bermingham

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defamation differs from other aspects of tort law because it is concerned with protecting against harm caused by words. The law of defamation is intended to provide compensation for people whose reputations have been damaged by untrue statements and it may allow one to obtain an interim injunction to stop a potentially defamatory statement from being published. This chapter discusses the human rights dimension in defamation and the procedural and substantive changes to defamation law introduced by the Defamation Act 2013. It also explores how to strike a balance between the competing rights of freedom of expression and protection of reputation.


2020 ◽  
pp. 1-22
Author(s):  
Carol Brennan ◽  
Vera Bermingham

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. In civil law, tort provides remedy for a party who has suffered the breach of a protected interest. Tort law protects a wide range of interests. Currently, negligence is the greatest source of litigation with respect to tort. Torts of trespass to the person protect physical safety while trespass to property governs the ownership of property. The tort of defamation provides remedies for threats to one’s reputation. Another tort-related area deals with the protection of privacy from media intrusion. This chapter discusses the range of activity to which tort law applies and the types of harm for which it provides compensation. It also considers the main interests protected by the law of tort, how the law of tort differs from other branches of the law, and the role of policy and the human rights dimension in the law of tort.


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