1. Legal common sense lesson plan in life 2. Ask well-intentioned people to ask some common sense questions about law in life

Legal common sense:

1. If not If an adult child injures someone, the guardian must bear the medical expenses;

2. Inheritance rights are equal between men and women. Married daughters should not forget that the daughter’s share of their parents’ inheritance is theirs;

3. If you are injured by a flower pot that fell from upstairs, take the person who planted the flower to court directly;

4. If a traffic accident occurs on your way to and from get off work, you have the right to demand benefits from your employer Work-related injury benefits;

5. If you are dissatisfied with the fines, license revocation, administrative detention, etc. imposed by the administrative agency, you can apply for administrative review;

6. If you are summoned or detained by the public security agency, The time shall not exceed 12 hours, and under special circumstances shall not exceed 24 hours;

7. If a child under 18 years old does not return home at night, the child must be educated, otherwise he will bear the corresponding legal responsibility;

8. If someone else borrows money, he must issue a IOU, and the loan amount must be capitalized (note: the statute of limitations is 2 years);

9. If you want to protect yourself other property, be sure not to set up power grids or set up poisons, etc., which is a crime endangering public safety;

10. If you become a defendant and do not retain a lawyer due to financial difficulties, the people's court can designate you to bear the legal responsibility A lawyer with a duty of assistance will provide you with legal help;

11. If you want to write a will, you must indicate the month and day and sign it in person. If you want someone to write a document on your behalf, two or more witnesses must be present to witness it. The attorney, witnesses, and testator must all sign. It is best to entrust a lawyer to witness and execute the will;

12. Citizens in the process of alimony, work-related injuries , criminal proceedings, requests for state compensation and requests for pensions in accordance with the law, etc., need the help of lawyers. Legal persons who need legal services but cannot afford lawyer fees can obtain assistance in accordance with national regulations;

13. Please Lawyer Tips.

(1). An agency contract must be signed with the law firm;

(2) The lawyer’s agency rights must be clear;

(3) 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 hints;

(6) You must have a thorough understanding of the professional division of labor among lawyers.

3. A case about contract in law

Question 1: The contract was not established. Company A's offer is an offer, because Company B has refused to commit on July 14, so the offer has expired; Company B's subsequent agreement can be regarded as a new offer to Company A, rather than a commitment. At this time, it is only It depends on whether Company A has made a commitment to Company B's new offer. If it makes a commitment, it is true, but if it rejects it, it is not true.

Question 2: Article 24 of the Contract Law If an offer is made by letter or telegram, the acceptance period shall be calculated from the date stated in the letter or the date of delivery of the telegram. If the letter does not contain a date, the date will be calculated from the postmark date of posting of the letter. If the offer is made by rapid communication methods such as telephone, fax, etc., the acceptance period shall begin to calculate when the offer reaches the offeree. ~~~~~~So question two is the same as question one, it has been rejected first, so the contract has not been established

4. What are some legal tips in life

In life Some legal tips are:

1. If a minor child injures someone, the guardian must bear the medical expenses.

2. Inheritance rights are equal between men and women. As a married daughter, don’t forget that you have a share of your parents’ inheritance.

3. If you are injured by a flower pot falling from upstairs, you can take their manager to court.

4. If a traffic accident occurs on the way to and from get off work, you have the right to request work-related injury benefits from your employer.

5. If you are dissatisfied with the fines, license revocation, administrative detention, etc. imposed by the administrative agency, you can apply for administrative reconsideration.

6. If summoned or detained by the public security organs, the time shall not exceed 12 hours, and under special circumstances shall not exceed 24 hours.

7. If the children under 18 years old do not return home, they must be educated, otherwise they will bear corresponding legal responsibilities.

8. If someone lends you money, you must ask them to issue an IOU, and the loan amount must be capitalized. (Note: The statute of limitations for litigation is 2 years)

9. If you want to protect your own property and other property, you must not set up a power grid or set up poisons, otherwise what awaits you will be: endangering public safety crime.

10. If you become a defendant and do not retain a lawyer due to financial difficulties, the people's court can designate a lawyer with legal aid obligations to provide you with legal assistance.

5. What book should I use to review the legal knowledge in life in the Zhejiang College Entrance Examination module?

The title of the book is "Legal Knowledge in Life"

1. Living in Society A country governed by the rule of law

1. The essence of law and its basic characteristics

(1) The essence of law. ① Law is the embodiment of the common will of the ruling class that rises to the will of the country. ②The content of the will of the ruling class reflected in the law is ultimately determined by the material living conditions of society. ③ Other social factors besides the economy also have an impact on the emergence and development of law.

(2) Basic characteristics of law. ① Law is a special social norm. ②Law is a social norm formulated or recognized by the state. ③Law is a social norm that stipulates people's rights and obligations. ④Law is a universally binding social norm that is guaranteed to be implemented by the compulsory force of the state.

2. Civil rights and obligations

1. Ways to bear civil liability The general principles of civil law stipulate that the ways to bear civil liability include: stopping the infringement, removing obstacles, eliminating danger, returning property, restoring Original condition, repair, redo, replace, compensate for losses, pay liquidated damages, eliminate impact, restore reputation, apologize. These methods of bearing civil liability can be applied individually or in combination.

3. Abide by the contract and breach of contract

1. Contract (1) A contract refers to an understanding reached by two or more parties on a voluntary basis, that is, establishment, change and termination. A certain relationship of civil rights and obligations, an agreement entered into to realize certain interests of each party. (2) Establishment means the creation of civil rights and obligations between the parties; modification means the change of the civil rights and obligations between the parties; termination means the elimination of the civil rights and obligations between the parties. The purpose and consequences of entering into a contract must be to create, change or terminate certain civil rights and obligations. (3) A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not change or terminate the contract without authorization. A contract established in accordance with the law shall be protected by law.

4. Labor employment and law-abiding operations

1. Labor contract and the significance of signing a labor contract (1) A labor contract establishes the labor relationship between the employee and the employer and clarifies the rights and obligations of both parties An agreement, which indicates that the labor relationship between the employee and the employer has been formally established. (2) According to the labor contract, the rights and obligations between the employee and the employer are fixed and clear, and the legal rights of the employee and the employer are maintained and protected. my country's labor law stipulates that a labor contract must be concluded to establish a labor relationship.

5. Family and Marriage

1. Rights and obligations between parents and children (1) According to the Marriage Law, the most important obligation of parents to their children is the obligation to support and educate. Parents also have the obligation to protect and educate their minor children. (2) Children have the obligation to support and support their parents. Our country's marriage law and inheritance law also stipulate that parents and children have the right to inherit each other's inheritance and are each other's first-order legal heirs.

6. Legal Remedies

1. Mediation, Arbitration and Administrative Reconsideration (1) Mediation is the use of third-party mediation, persuasion and education to encourage both parties to a dispute to voluntarily reach an agreement in accordance with the law. Agreements to resolve disputes. People's mediation is a very important way of resolving disputes among Chinese people. (2) Both parties involved in contract disputes and other property rights disputes may voluntarily submit the dispute to a neutral third party for arbitration based on the arbitration agreement reached before and after the dispute occurs.

Wait.

6. Some legal common sense that you must know in life

It can be seen that it is very necessary to master some legal common sense.

Here is a collection of legal common sense that you should know in life in the form of cases. I hope it will be helpful to everyone.

1. Add information to the copy of the ID card to prevent it from being stolen by criminals. The copy of the ID card should be marked with the following similar text on the front and back with a blue signature pen: This copy of the ID card is only for use on X, month, X, 20XX. Apply for XX bank's XX credit card, but it will be invalid if used by others, and it will be invalid if it is copied again.

The annotated text must not cover the ID card number, but the personal information part of the ID card should be properly covered to prevent cropping and then copying. Similar on the back.

2. Credit cards do not require a password, only a signature. When the card is stolen, the merchant bears the main responsibility. Because the merchant is obligated to review the signature.

But in practice, most cashiers don't read the signature at all. If the password you set is stolen or stolen, you will need to bear the corresponding responsibility because you have the obligation to keep the password well.

3. Do not persuade people to drink. If the person being persuaded to drink suffers personal injury or death after being persuaded to drink, the person who persuaded him to drink will bear civil liability. 4. No more punishment for the same violation. A violator can only be punished with one administrative penalty for the same illegal act.

For example, if you drive an overloaded vehicle on the highway and are punished by the highway traffic police because you do not have the conditions to correct it on the spot, you will not be punished again when you are investigated again. However, if the condition is corrected on the spot, the inapplicability will not be punished. If the safety belt is not worn according to the regulations, since it can be corrected in time on the spot, after being punished, the person who still does not wear the safety belt can be punished again.

5. Be sure to distinguish between deposits and deposits. Deposits are subject to the guarantee law. Before the main contract is established, the party that pays the deposit and refuses to conclude the main contract has no right to demand the return of the deposit; if the party that receives the deposit refuses to conclude the main contract, it shall Double deposit refund. The deposit will not be doubled.

6. All receipts and medical record information must be kept when seeking medical treatment. If a medical institution conceals or refuses to provide medical records related to the dispute, or forges, tampering and destroys medical records, it is directly presumed that the medical institution is at fault. Therefore, you must keep all receipts and medical record information when seeking medical treatment.

For doctors, write down everything you should write to protect yourself and avoid being exposed. 7. Liability compensation for accidents occurring during a test ride in a 4S store. If an accident occurs during a test ride in a 4S store and the test rider is harmed due to an accident, the test ride service provider shall bear the responsibility. However, if the test rider is at fault, the liability of the test ride service provider shall be reduced. .

Speaking of this, the 4S store almost wanted to cry. 8. The sale does not break the lease. During the house lease contract, after the house owner sells the house, the buyer shall not terminate the lease contract by requesting that the house owner change.

Of course, there is no problem if the renter is compensated for voluntary termination. For young people who are struggling to rent an apartment in a big city, please read this article and pay attention to the next one.

9. When renting a house, the landlord must issue a real estate ownership certificate and keep a copy, commonly known as a real estate certificate. When renting a house, the landlord must issue a real estate ownership certificate and keep a copy, commonly known as a real estate certificate. Prevent second landlords.

At the same time, the landlord must keep a copy of the renter’s ID card and verify it with the original. The landlord is obliged to provide relevant documents to assist in applying for a residence permit, etc.

When renting through an intermediary, do not pay the rent directly to the intermediary, and do not negotiate everything with the intermediary. The role of the intermediary is to provide information. For other matters, please contact the landlord directly. The landlord must issue a receipt.

At the same time, a list should be noted in the contract, including but not only Internet payment status, water bills, electricity bills, gas bills, property charges, etc., as well as a list of equipment and facilities in the house, and it should also be agreed whether decoration can be carried out. Issues such as decoration or rear appliances. 10. The collection of evidence such as divorce and cheating must be legal, otherwise the evidence may not be admitted. The evidence collection equipment must be from legal sources. You can install a hundred cameras in your own home, but be careful not to break the law when installing them outside.

Generally speaking, it is very useful to go to the hotel to obtain monitoring through means. However, this does not necessarily qualify as cheating.

11. Make good use of the recording function on your mobile phone and be ready to turn on the recording function at any time. However, it should be noted that do not delete the original recording, as the evidence of the copied recording will not be as strong as the original recording.

Do not use threatening or intimidating tones in the recording, and collect evidence in a gentle manner. 12. WeChat screenshots, QQ screenshots, etc. do not naturally have the effect of evidence. In other words, if I change the same avatar, I can forge the same evidence.

Therefore, do not delete chat records easily. Taking screenshots has no meaning. If you want peace of mind, you can go to a notary office to have it notarized.

Chat records have evidential effect.

13. Merchants’ illegal claims. Many people should have seen merchants’ claims.

The final interpretation right of this activity/card belongs to our store and similar words. This is illegal.

Exclude or limit consumer rights. Overlord clauses are always invalid.

In addition, it is also illegal for merchants to set a consumption time limit for recharge cards that will return to zero upon expiration. 14. Punitive damages: If an operator knows that the product or service is defective but still provides it, causing casualties to consumers or other people, the victim has the right to demand punitive damages of less than twice the loss suffered.

Although it is not comparable to punitive damages in the United States, it is not bad. 15. Liquidated damages in labor contracts. Freshly graduated college students are always worried about liquidated damages.

Actually, don’t worry, because those are all formatted text. The circumstances in which workers need to pay liquidated damages are limited to Articles 22/23 of the Labor Contract Law.

Among them, Article 22 stipulates that if the employer provides special training fees for workers and provides them with professional technical training, it can enter into an agreement with the worker to agree on a service period. If an employee violates the service period agreement, he shall pay liquidated damages to the employer as agreed.

The amount of liquidated damages shall not exceed the training fees provided by the employer. The liquidated damages required by the employer to be paid by the employee shall not exceed the training expenses to be shared for the unfulfilled portion 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 confidentiality matters related to intellectual property rights. For employees who have the obligation to keep confidentiality, the employer may agree on non-competition clauses with the employee in the labor contract or confidentiality agreement, and agree that after the labor contract is terminated or terminated, the employer will provide the employee with financial aid on a monthly basis during the non-competition period. compensate.

If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer as agreed. Therefore, if you do not receive special training and agree on a service period and confidentiality clauses, the liquidated damages clause in the employment contract is irrelevant.

However, it is best to negotiate amicably and resign amicably while respecting the spirit of the contract. Web link.

7. Talk about your knowledge, understanding and feelings about legal common sense in life, no less than 300 words

Talk about my understanding of the law

I believe that the law is a safe eye. If you understand the law, you can distinguish right from wrong and right from wrong. The law is the window of wisdom, which can enlighten people's thoughts and restrict their behavior. As the saying goes:

"No rules, no squares"

We know that the planets in the universe are all

moving in their own orbits,

Otherwise there will be a big collision of celestial bodies;

Vehicles on the road must obey the traffic rules,

otherwise there will be a traffic accident

. We live in a society and must be bound by the law. Anyone who violates the law under any circumstances will be held legally responsible.

The National Legal Publicity Day on December 4

is a symbolic progress in our rule of law. I think it is the establishment of "

12

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4

“National Legal System

Publicity Day will help legal publicity and education play a role in a wider field and a broader space and continue to develop in depth.

It

is an innovation in the way of legal publicity and education.

There are many laws in life.

Legal issues in society.

Due to the big-headed baby and melamine milk powder incidents,

The issue of baby milk powder

has attracted special attention.

Feng Dongchuan, a doctor at Jiangsu Xuzhou Children’s Hospital When multiple similar cases were discovered,

took time out of his busy work to contact colleagues in hospitals across the country.

In his unremitting efforts Next,

The milk powder problem was finally discovered.

In this era where doctors

’s medical ethics are questioned,

he once again explained What is medical ethics.

From a legal perspective, food safety is related to the national economy and people’s livelihood.

Feng Dongchuan reported the milk powder quality issues to the State Administration of Quality Supervision in real name based on the conscience of a doctor and the responsibility of a citizen.

to regulate the quality standards of milk powder,

It has played an exemplary role in cultivating and promoting the responsibility and awareness of modern social citizens,

This is the power of law.

Gao Xiaosong’s drunken case.

In May 2011

Gao Xiaosong caused a car accident while driving drunk. The standard for drunk driving is no more than one 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,

but it is normal to be tested for alcohol while driving;

But some people can drink A bottle of liquor,

but only

1

glass of beer, may constitute drunk driving. Gao Xiaosong was punished for this. As the first entertainer to be detained for drunk driving

, Gao Xiaosong's sentence

also proves the progress of Chinese law and marks the Equality under the law,

and increased restraint on public figures

.

Regarding my own legal issues,

For us in school now,

If you have student loans,

then loans Who is responsible, the repayment period, etc. are all legal. Another example is how to safeguard our legal treatment in the agreements and contracts we sign with employers after graduation.

After a few more years, you can use the Marriage Law. The law is around you, and only by understanding the law

can you better protect your rights and interests when your vital interests are violated in life.

Law is very important in life.

I think every college student must understand legal knowledge. He cannot read books for so many years.

He doesn't even have the most basic legal knowledge. Here are some of my thoughts:

First, I think that in daily life, we must be a law-abiding citizen no matter what. No matter how good your

reasons are,

you should not break the law.

I think if a person can strictly abide by the law,

then his personal life will be

safe

to a certain extent. As a college student, we must abide by the law because we are high-quality talents of a country.

Second, while abiding by the law, we must also improve our moral quality, be graceful and have a good temper. There is a saying,

Being a person is like water, doing things is like mountains.

I think it is very accurate.

Third,

I think a college student should not only care about his own study.

We should participate in public events.

University

should not just be a place to learn book knowledge.

We should learn all kinds of knowledge to exercise our thinking style and various abilities.

Laws are everywhere around us,

Many people just don’t have that awareness most of the time.

Under Teacher Zhou’s guidance

I will definitely be able to learn more knowledge and use the law to protect myself.

8. What are the common contracts in life

Our country’s contract law lists the following 15 types of contracts: sales contract, supply and use of electricity, water, gas and heat contracts , gift contract, loan contract, lease contract, financial lease contract, undertaking contract, construction project contract, transportation contract, technology contract, custody contract, warehousing contract, entrustment contract, agency contract, intermediary contract.

The above 15 types of contracts specifically listed in the Contract Law are called "named contracts" in legal theory.

But not only named contracts are valid. Any contract that people voluntarily enter into is valid even if it is not specifically listed in the Contract Law, as long as it does not violate the laws and regulations of the country, and does not violate the public order and good customs of the society. It is also subject to the laws and regulations of the country. Legal protection.

9. Legal cases in daily life

1. IOUs and IOUs Case: Not long ago, a friend borrowed money from me and wrote an IOU, but he didn’t care at the time.

Later, I read in a book that the legal nature of IOUs and IOUs are different, and some borrowers even lost their lawsuits because of this difference. Now I'm worried that if the other party doesn't pay back the money, and I sue to court, the judge won't support the existence of a loan relationship between us.

There are differences in the legal nature of IOUs and IOUs: IOUs describe the lending relationship established between the parties, in the form of a contract established after one party delivers the loan. The IOU is the fact of arrears due to other legal relationships, such as arrears for damages, arrears for construction, etc.

However, whether it is an IOU or a IOU, during litigation the court must review and verify the reasons and facts for the occurrence of the relevant debt. 2. Private lending case: In the past few years, I have made some money from doing business.

Relatives and friends have borrowed money from me more often. If I don’t borrow, it won’t be a hindrance. Moreover, bank interest rates are now low, and you can get higher interest by lending. But I borrowed it and I was afraid that I wouldn't be able to get it back, so I was always very conflicted.

Precautions for borrowing and the state’s interest restrictions on private lending: According to the relevant provisions of the law, private individuals can borrow money from each other. General private lending is legal. This lending relationship is a practical contract, that is, The contract is established only after one party delivers the loan. Loans without agreed interest are considered interest-free loans.

According to regulations, the borrowing interest cannot exceed 4 times the bank’s loan interest for the same period. If possible, when borrowing money, you must first form written evidence, and then it is best to ask the other party to provide a mortgage or guarantee.

3. Premarital property and personal property cases: My girlfriend *** and I have lived together for nearly half a year, and I signed a house sales contract with the real estate company in the name of both of us at our expense. Related The property registration procedures are still being processed. Now both parties feel that they are not very suitable for each other and have decided to break up.

But my girlfriend proposed that we share food and accommodation, and she should have 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 remains personal property regardless of the length of the marriage.

If the two parties are not married and are cohabiting, during the period of cohabitation, the property will be handled according to the following principles: if it can be proved that it is the personal property of one party, it will still belong to the individual. If there is no evidence to prove it, it is presumed that the owner is jointly owned by ***.

If the purchase price of a house is paid by one party before marriage, the property is generally owned by one party. However, after payment of the purchase price, the two parties sign a contract together and the property management is in the names of both parties. The act may be regarded as a gift, and the woman may have partial rights to the property. This requires detailed analysis of specific cases to see why the man registered the property in the woman’s name.

4. Injury Compensation for Partnership Labor Case: In February this year, I partnered with three other people to catch eel seedlings at the mouth of the Yangtze River. During one operation, I was accidentally entangled by a cable and fell into the water. After all efforts were made to rescue me, my life was saved, but my right leg was amputated.

For this reason, he spent more than 30,000 yuan in medical expenses and became permanently disabled. Distribution of injury compensation for partnership work: The four of you *** contribute capital together, *** work together, *** share the rights and interests, and *** bears the risks. It is legally called an individual partnership.

On October 10, 1987, the Supreme People's Court issued "Reply on whether other members should bear civil liability if an individual partnership member accidentally dies while engaged in business activities": "For the partner's *** With the same interests, he was accidentally crushed to death by a car while operating transportation activities. As one of the beneficiaries of the partnership, it is reasonable and consistent with the spirit of the relevant laws to provide appropriate financial compensation to the family of the deceased. "You are doing your homework. The accidental injury was caused by the execution of partnership matters.

In this regard, referring to the spirit of the above-mentioned "Reply", each partner should bear the corresponding compensation liability for your losses according to the proportion of his or her capital contribution or share.

Therefore, you can negotiate with other partners to resolve your losses; if negotiation fails, you can file a lawsuit with the local people's court and the court will make a fair ruling.

5. Deposits in the name of children are not gifts. Case: My father deposited 50,000 yuan in the bank in my name a few years ago. At the end of last year, after my father passed away, we discovered this deposit receipt while sorting through his belongings.

I had a dispute with my brother over this. I believe that my father deposited 50,000 yuan in the bank in my name, which means that my father donated this deposit to me; while my brother believes that this deposit should be my father's inheritance.

Depositing in the name of a child is not a gift: a gift is an act in which the donor voluntarily hands over all his property to the recipient free of charge. Donation is an act of transferring ownership. After the act of donation is established, the donor loses ownership of the donated object and the donee acquires ownership. Donation is free and one-way, otherwise it becomes a sale; donation is a practice. The gift is established only after the donor actually delivers the gift and the donee actually accepts the gift.

According to our country’s legal provisions, legal acts must have a clear expression of intention to be valid. In this case, although your father deposited 50,000 yuan in the bank in your name, he neither informed you of the fact of the deposit nor expressed his willingness to donate the deposit to you in writing or orally, nor did he transfer the deposit to you. The certificate of deposit is actually delivered to you.

Therefore, there is insufficient basis to identify your father’s behavior as gifting his savings to you. This 50,000 yuan deposit should be regarded as your father's inheritance and be inherited by all legal heirs.