Legal and Justice Book

After President Juan Manuel Santos ensure that transitional justice has already been used paramilitary albeit “not very successful”, the attorney general, Eduardo Montealegre agreed with the president, noting that the purpose in the current process peace is to correct the shortcomings that left past experiences.

“Transitional Justice and the demobilization process was tested with the AUC has serious problems. One of them is that they tried to investigate all crimes and all those responsible for serious human rights violations committed by the paramilitaries, “said Montealgre.

The prosecuting body chief said transitional justice frameworks are experiences of the last decades worldwide. She also noted that the framework presented raised Colombia as the Attorney General to the Constitutional Court “does not violate the structure of the Constitution, it is an attack on human rights.”

Eduardo Montealegre considered it more sensible and contributes more to the fight against impunity transitional justice system focused on heads as a maximalist system which was tested against the AUC.

Finally, the face of criticism from some quarters to the framework for peace that arises in the current negotiations with the FARC guerrillas, the Attorney General’s Office issued an invitation to the “apologists of war rather ride on the big locomotive peace. “

Through the agreed 15/2013, the Supreme Court of Justice of the Nation established that the federal or national chambers and oral courts, without exception, publish-only-all judgments, and administrative rulings agreed to subscribe to through the Judicial Information Center, this, with legal safeguards respective courts adopt, as appropriate, in order to the protection of personal rights of those who, being part or others in the process, could be affected by the spread of protected data.

The High Court noted that transparency and publicity of governance are fundamental pillars of a democratic society, and recognized that the central principle of access to information held by the state is the right of every person to know how their leaders and public officials perform, as indicated in its judgment in the “Civil Rights Association c / EN – PAMI”.

He also said that “the principle of publicity of government acts is inherent to the republican system established in the Constitution, so that compliance is an essential requirement for public authorities”.

The agreed upon was signed by ministers Ricardo Lorenzetti, Elena Highton de Nolasco, Carlos Fayt, Enrique Petracchi, Juan Carlos Maqueda and Carmen Argibay.

Living in New York City presents stress-inducing challenges that can overwhelm even the most jaded of New Yorkers.  Quite simply, this is a very tough town.  The pace is fast; the streets are crowded; and the prices are high – very high.   The emotional and financial challenges of NYC are manifested in New York City’s matrimonial courts – where even a seemingly “simple” divorce can entail month-after-month of court appearances.

New York divorces that are “contested” (i.e., in which the parties do not agree about financial, custodial or other questions) have been known to drag on for years.  Marc Rapaport, from Rapaport Law Firm, PLLC, noted that the New York Post’s infamous Page 6 bluntly concluded: “Anyone who can survive a divorce in this town deserves a plaque on the wall.”

Nobody has fully explained why divorce is so much more difficult and expensive in New York than in other parts of country.  Undoubtedly, at least one factor is the very culture of New York City and the expensive New York divorce lawyer.  Quite simply, a person who is able to thrive in New York is also likely to be someone who is willing to stick to their guns in a fight.

Someone who is willing to fight for a taxi cab at rush hour is similarly likely to stand up for their legal rights  – particularly when their battle is against a much-hated ex who inflicted emotional misery upon them.  Take two, emotionally-charged spouses – and put them in a New York City Courtroom – and the result is a level of nastiness that is usually seen only on the big screen.  Sometimes, the unpleasantness involves dishonesty by one of the parties.

In some instances, the New York divorce judges are confronted with cases in which one spouse is willfully hiding his or her assets (i.e., lying).  For example, in some instances, there are signs that one of the spouses deposited funds with foreign banks that are beyond the subpoena power of the court.

In other instances, a party may deny having an ownership interest in a business that they have openly operated for years.  Depending on the extent and blatancy of such misconduct, the divorce courts have a variety of mechanisms they can use to achieve justice even in the face of such dishonesty.

In the face of an incomplete evidentiary record that has gaps that are caused a spouse’s nondisclosure of assets, the court may simply deem as true the other spouse’s allegations regarding the extent and value of the secreted property.  This remedy is sometimes referred to as an “adverse inference”.

For example, in S.A. v. K.F., Justice Sunshine (a prominent matrimonial jurist in Brooklyn) held that for purposes of equitable distribution, a party’s allegations regarding the value of certain assets may be deemed true where the other party has refused to comply with discovery obligations:

Due to the husband’s lack of documentation regarding his net worth and the conflicting 2005 statement of net worth, trial testimony and summation, this court’s knowledge of the husband’s finances, particularly his assets, liabilities and income, is limited to the sparse documentary evidence discussed herein, and the parties testimony. Where one party fails to provide information pursuant to discovery, the appropriate sanction, at the court’s discretion, is to hold what the other party says as truth, with regards to the information in discovery being withheld (see Miceli v. Miceli, 233 A.D.2d 372, 373, 650 N.Y.S.2d 241, 242 (2dDept., 1996))

S.A. v. K.F., 22 Misc.3d 1115(A), 880 N.Y.S.2d 226 (Kings Cty. Sup. Ct. 2009).

Similarly, in Rocano v. Rocano, 12 Misc.3d 1169(A), 820 N.Y.S.2d 845 (Kings Cty. Sup. Ct. 2006), the husband held an ownership interest in real property located in Brooklyn, New York.  However, because the Court determined that husband was less than forthcoming regarding the extent and nature of his interest (claiming, for instance, that he was “in the dark” as to the value of the property at issue) the Court drew an adverse inference against him:

Accordingly, the wife is awarded 100 percent of the husband’s right, title and interest in the 40th Street property. The court does so recognizing that the husband has not been truthful about his assets or income. The husband attempts to feign ignorance with regard to the income generated from the disclosed assets and his ownership interest therein. He is unconvincing.

Rocano v. Rocano at 23.

As the foregoing decisions demonstrate, attempting to hide assets in a divorce case is not merely wrong – but also counterproductive.

Author Bio

Marc A. Rapaport is a New York divorce attorney with 19 years of experience. Mr. Rapaport is the founder of Manhattan’sRapaport Law Firm, PLLC, a full-service matrimonial law firm that provides legal representation in no-fault divorce and other family law matters.

Eric Schiffer, top business executive and director, was the overall leader and officer of 99 Cents Only Store, top discount shop in the United States. The popular retail chain had become very successful in offering its clients of daily goods and products for the household at truly low prices. The general public will be able to buy every type of household items with prices that start at 99 cents only. It can be a toilet cleaner, or dish washing soap, all items that are sold at the store are available at a mere 1 dollar.

However, there are items with prices that are pushed way above the dollar mark because of prevailing taxes. Overall, the public is satisfied with the affordable cost of items since they are perfect for their meager budget. This great patronage of the public to 99 Cents is the reason for the positive development of the store. However, the overall success of the business cannot be achieved without the efforts of Mr. Schiffer.

There is no doubt about it – Schiffer was highly instrumental in the development of the retail chain. Ever since he joined 99 Cents way back in 1991, he immediately worked to ensure the success of the shop. He devised ways so that it is still profitable for the store to continue doing business while maintaining its products’ low prices. Indeed, as president and director of the store, he has proven his superb abilities to enhance the profitability of the retail business chain, making it into one of the most popular shops for the American consumers.

How did Eric Schiffer become the top man at 99 Cents Only Store? Ever since he joined the company, he has made and implemented various programs that resulted in great things for 99 Cents. He first started as a manager in one of the stores, and after nine years, he was awarded with a much deserved promotion. And this is as president of the whole company. In the year 2005, he was promoted yet again, this time as CEO of 99 Cents Only Store. Currently, he still serves as Chief Executive Officer of the company, as well as its overall Director.

This work was created as a way to draw attention to the need to think, from political philosophy, the chances of achieving justice in relation to the law, which requires us to dwell on very specific analysis regarding diversity, the difference, the implications of multiculturalism, citizenship future of globalization, the creation and understanding of the law, the work of politics and education.

Thick Ignacio Dolphin addresses the conditions of a just society, and this is relevant because justice, moral category as politics, has been thought in Western philosophy as a virtue linked to equality and not to the difference or diversity, as does occur in this study. Edward Javier Ordonez, meanwhile, examines the emergence of multiculturalism and its conceptual migration towards multiculturalism. Erick Meza Valdes believes that the principle of autonomy developed by biolaw doctrine, beyond being treated as capacity needs to classify its status as an inalienable right, for which it must interact with two principles that he calls, justice and pluralism.

Heads Obando Aristides analyzes the multiplicity of meanings and meanings of citizenship that today feed the legal-philosophical debate, to see human rights approach to a point of convergence that enables an adaptation redefinition of citizenship, in light of the diversity and globalization. Juan de Dios Ibarra Gonzalez and Jose Luis Diaz Salazar decostructiva propose a task regarding the Mexican crossroads to achieve political legitimacy and reliable institutions, ethical and social capital conducive to social peace future. In this exercise in deconstruction, contrary to what is often thought when you consider that philosophy has nothing to do with the law itself is part of a stream or juspositivista pragmatic extreme Guadarrama Alvaro Gonzalez says the important link that exists between the philosophy of law and the creation of legal norms.

With the understanding that a careful reading of the classics provides food for thought for the critical analysis of current political events, Rodrigo Mier Gonzalez Cadaval explores some of the ways in which you have read in the field of political philosophy Prince of Machiavelli. His interest in modes of reading on this work party, “against, of verismos that have been built around the text.” Meanwhile, Ever Eduardo Romero Velazco Machiavelli tries to show that it is inconceivable policy effectiveness without resorting evil, not because it is necessary to be immoral to be efficient in political action, but because it is an integral and unavoidable human experience. Armando Villegas contreras a reading of some rhetorical twists that appear in the writings of Machiavelli and Hobbes, which, in his view, methodological problems, because it necessary to take the metaphors and other rhetorical devices of texts as something more than an aggregate aesthetic writing both. Sources Adrian Gonzalez from the study of Hannah Arendt’s thesis, attempts to show that there are factual circumstances and conditions that limit the action potential and political life, which is a worse outcome when comparing the philosophical tradition and the demands contemporary social. Read the rest of this entry »

The President of the Parliament of Andalusia, Manuel Gracia has championed transparency and closeness of justice in his opening speech of the Workshop on Reform of the Administration of Justice that develops in the Multipurpose Room of the House Andalusian world where professionals the right debate each other to generate suggestions to help improve this public service.

Grace said that “public perception of justice is not good. According to a recent opinion poll survey, sixty-nine percent of the population believes that malfunctions, so it is necessary to reform. Slowness and lack of media is the Achilles heel of Spanish justice, but a good judicial system is necessary and guarantee the rights of citizens. “

Grace said that “the separation of powers, parliamentary centrality and especially an independent and impartial judiciary is the basic objectives of a just and free society” but warned that “today large segments of the population do not know the reason for being these objectives, it is further away from them, despise them. “

Therefore, the President of the Parliament of Andalucia has said that “it is necessary to the debate on the reform of justice we want. It is essential not only to preserve the independence and impartiality of judges but also make available to the public scrutiny competence, accessibility, efficiency, reasonable length of judicial procedures, quality and predictability of its resolutions, as well as the equality of all before the law and the liability incurred when this does not happen. “

So Manuel Gracia has argued for a “more effective Justice and more resources, but also Justice serving a critical society, demanding and participatory, in line with the Charter of Rights of citizens before the law, approved by the House of the Congress of Deputies on April 22, 2002, in this way, but in my opinion very poor so it comes to the judiciary, in the Draft Law on Transparency, Access to Information and Good Government, currently before Parliament. As in other areas of life also in the fact of knowing Justice controlled improve our behavior or at least, can deter from committing errors that are caused by opacity, and in any case improve the quality of our democracy. “

The imposition of extractive mining model and the energy model in Guatemala, are a new invasion of our territories, because they mean dispossession, occupation, pollution, social control, repression and death for our communities. Guatemala’s government is determined to prepare the runway (legal reforms, militarization, criminalization of protest) to transnational companies with impunity to plunder our strategic assets such as water and minerals, this model of “false development” is being implemented by force, violating the fundamental law prior and informed consultation, ignoring the legitimate demands of the people, democratic and peaceful process of 75 community consultations nationwide.

The government of Otto Perez Molina in an effort to please the interest of foreign companies and the national oligarchy, has implemented a counterinsurgency strategy against the peaceful demonstration of the people, a campaign of delegitimization and disqualification; sharpening and justifying the criminalization of struggles social repression and intimidation, legal and political persecution against the peoples and human rights defenders, as has been the case of the slaughter of brothers Totonicapan kiches in October 2012, kidnapping and bombing Xinka town authorities, the repression against our brothers in San Jose del Golfo and San Rafael las Flores, harassment and intimidation against our brothers in Barillas and San Juan Sacatepequez, and more recently the case of Comrade Ruben Herrera, a political prisoner since March 15 and the abduction and murder of our brother Daniel Peter on 07 April this year.

In just two years of rule by Otto Perez Molina, the economic situation of Guatemalans has worsened, the imposition of a tax reform that has complicated the lives of the poorest population, charging excessive electricity, the increase in the cost of meat, sugar, basic food generally keeps the population in difficult conditions.

For this reason and for everything else, the Council of Peoples of the West-CPO-; CALL to all social organizations, the media, all the people in general to participate in the peaceful demonstration to be held in the city Huehuetenango Wednesday May first.

The Instruction No. 193 of July 8, 2009, the Governing Council of the Supreme People’s Court said in the first of the WHEREAS: The administration of justice in our country properly prioritizes the rapid processing of judicial proceedings in general and under it have taken various measures to expedite the processing of criminal and especially with acusadosen custody issues …

Judicial practice shows the opposite, because that adequate rapid processing of criminal cases with defendants in custody is uncertain, which can be found with just, keep an eye on the statistics reported under conciliation meetings or coordination, for the analysis of the issue, held periodically between Courts, the Chief Prosecutor and the Ministry of Interior, entities or their representatives, by order of that Instruction 193, to evaluate and update the accused criminal situation reporting in custody pending legal procedures, paying particular attention to the reasons that adversely affect retention cases with more than 90 days.

It is undeniable, that the measures taken are supposed to speed the processing of defendants in criminal proceedings on remand, have failed this purpose, as the number of subjects to remand defendants in criminal cases has not decreased, and far Rather continues to rise and remain in that situation exceeds too much, and not just the end of 90 days provided for in Instruction 193, and the SIX MONTHS, established to that effect, by Article 107 of the Law of Procedure Criminal.

Unlawful act which violates paragraph 3 of Article 9 of the International Covenant on Civil and Political Rights: Anyone arrested or detained on a criminal charge shall be brought before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within reasonable time or to unplazo release.

In that situation is from the July 31, 2012, like many, my wife MARIENYS ONATE turkey in the Western Women’s Penitentiary, within just three months reached the year, because of an alleged criminal offense and even has not been brought before the Court for trial or is released by the prosecution.

We often hear in our mass media with large audiences, such as the Round Table, and shame, as a grave violation of human rights in prisons in many parts of the world, remain prisoners indefinitely to which not even they have been formally charged, does the straw in your neighbor’s eye?

The Faculty of Law of the Universidad Austral warned that “Justice must follow blindfolded” in a public statement following projects and laws being discussed in Congress quickly approved the nation with the goal of “democratizing” Judiciary.

As for the election of members of the Judicial Council, said that “by joining the presidential election campaign, go to the right parties nomination, alliances require the submission of at least 18 jurisdictions, expand the liquefying the number of members present voting representatives and change the percentage of wills necessary to charge and suspend a judge or maid, the necessary sacrifices and sacred unfailingly judicial independence at the hands of a now fully politicized Council, which would be available who has won the presidential election. “

In the statement, signed by the dean, magister Jorge Albertsen, the Law School argues that “cause great concern the enactment of a law that alters the rights and guarantees of the people, by imposing severe restrictions on the human right to precautionary measures . It is an indispensable means of protecting the rights and required bypass the constitutional right of jurisdiction. “

Given the possibility that the other branches of the Nation could potentially impair the judiciary, the Faculty expressed confidence that “Supreme Court and lower courts, 150 years of its establishment, know honor a century of custody of their powers and the Constitution all “.

“So, the judges of this ground know defend institutions and citizens, declaring unconstitutional that might offend the Constitution because, as in Prussia more than a century ago,” there are still judges in Berlin “. Well be achieved Dike keep blindfolded, impartial, and not subject to the becomings of the wills of the changing electoral majorities, “he said. Read the rest of this entry »