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An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity.
The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client ...
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty , there is a prima facie presumption that both parties hold the capacity to contract.
For example, English law used to treat married women as lacking the capacity to own property or act independently of their husbands (the last of these rules was repealed by the Domicile and Matrimonial Proceedings Act 1973, which removed the wife's domicile of dependency for those marrying after 1974, so that a husband and wife could have ...
For example, a statute that says "No person may smoke in a hospital" does not mean that "John Doe may not smoke in a hospital"; the second statement is the law only if a legitimate authority declares so. This is because one cannot describe a legal statement as right or wrong without making a normative value judgment about what the law should be.
[31] It also does not apply if the patient made a decision personally before losing capacity, [32] or appointed a health care agent. [33] Determination of Incapacity. [34] The FHCDA creates a bedside process to determine whether a patient lacks capacity to make health care decisions, largely relying upon the attending practitioner.
Malaysia has a dual system of secular and Islamic law, which has resulted in a number of different minimum ages of responsibility depending on which branch of the law is applicable. Under the Penal Code, a person can be held criminally responsible from the age of 10. [Penal Code, Article 82. See also Child Act Article 2]
In discussion of German law, an argument often found is that a juristic construction is not applicable since the law does not state its existence – even if the law does not explicitly state that the construction does not exist. An example for this is the Nebenbesitz (indirect possession of a right by more than one person), which is denied by ...