Friday, April 1, 2011

Bailment

Bailment is a transfer of possession of personal property, in which the transfer, or bailor retains the right to recover possession, when the purpose of the bailement is fulfilled, from the bailee.  Bailments may be fro the benefit of the bailor, for the benefit of the bailee, or for the mutual benefit of both parties.  The right and duties of the bailor and bailee are fixed by law (in the absence of specific contractual arrangement) and depend upon the nature of the bailment.  In any case, the bailee must return the property in accordance with the terms of the agreement between the parties.  Either the bailor or the bailee may bring suit against third persons who negligently or willfully, cause damage to the chattel bailed.

Insurance

Insurance is contract in which one party, the insurer, agrees to indemnify another, the insured, against loss which the letter might suffer, in any way other than by his own willful or negligent act. Insurance has become a highly specialized form of business and is regulated by statute, which fixes the form the contract may take and rigidly supervises those engaged in issuing such contracts, generally large corporations. The contract is called the policy, and is usually in standard form.  The consideration is regularly paid periodically by the insured and is called a premium.  It is essentially aleatory, since the loss insured against is either unlikely to happen, as in fire insurance etc., or else the time at which it might happen in uncertain, as in life insurance.

Jurisdiction

Jurisdiction is the power of a court to render a valid judgement. Jurisdiction over the person (i.e in personal) is the power of a court to render a valied judgement against a specific person.  Jurisdiction over the subject matter is the power to hear and determine over a thing (i.e., in rem) is the power to determine the rights of persons in regard to a concrete object or to status.

Original jurisdiction is the jurisdiction of courts of first instance, when it is exclusive or concurrent; exclusive jurisdiction exists when no other court has the power to render a judgement in a particular case or class of cases; concurrent jurisdiction exists when any one of several distinct court has the power to render a judgement in particular case or class of cases, appellate jurisdiction is the power to hear, reverse, affirm or modify a judgement rendered in an inferior court, whether a court of first or of a higher instance; general jurisdiction is the largest power any court of first instance can have in that political until; special or limited jurisdiction is the power conferred on a court to hear and determine only a special class of cases.