Prof. Szpunar explained to us in a lecture what is the difference between a securities and a legitimacy mark (a number in the changing room or a ticket to the cinema). The number in the locker room cannot be sold. The number is just a …
Legitimacy MarkIn my first year of study, I bought four extraordinary books in a bookstore in Katowice near the Main Railway Station: “Logic” – T. Kotarbiński and three toms: “Commentary on KPC” – J. Jedliński, Z. Resich, T. Ereciński. When I was in my second year …
Legitimacy to process (the second year of study)A lecture on the procedure is difficult. Although he is in year 4 of study, many students do not pass the exam. Not much of this lecture can be understood in order to understand what it refers to. The entire manual is dotted with definitions: …
Legitimacy to processs (the fourth year of study)Abberatio ictus is a so-called pervert in criminal law. An example from Prof. Waszczyński’s manual: “John shoots Peter with the intention of killing him, but he misses, but the bullet bounces off the rock and the rhaming hits Paul, who dies from his wound.” This …
Abberatio IctusDuring the application I read two excellent monographs, Prof. A. Szpunar: “Compensation for material damage” (green cover) and “Atonement for non-material damage” (blue cover). I met Prof. Szpunar personally, listened to his lectures and passed the oral exam on securities. From all my studies, I …
Damage to propertyI had the pleasure of working under the supervision of the late Mec. A. Patron, as it was said at the time, the old school. For every occasion he had a ready-made proverb. He probably knew about 1,000 of them. He kept telling me that …
Legal QuestionI do not take care of criminal law. However, for a litigator, some concepts from criminal law are very useful. One of the most important is culpableness. From prof. Waszczyński’s excellent manuscript I learned that that there are four forms of guilt (culpa) : (a) …
Guilt (culpa)As a rule, everyone is liable for damage caused to another person if he or she has done something so that we can attribute blame to him (so-called guilty liability). There are exceptions to this rule which mean that someone is liable for damage caused …
PoleMethodologies do not distinguish the cause and subject matter of the dispute (it’s a matter of craftsmanship). For example, the cause of the dispute is whether the general contractor has delayed the performance of the contract and why. The subject-matter of the dispute is both …
Cause and subject matter of the disputeSometimes, in the course of an exchange of opinions in the courtroom, we realize that there was a mistake in our reasoning that we had not seen before. Sometimes we are finally aware of this, but we cannot immediately assess what consequences it might have …
PokerI have been wondering for a long time: do you make a list of questions to the witness? I made such letters. However, when I was in the courtroom and could ask questions from my list, I noticed that at least half of my questions …
Question listsQC Iain Morley, in his book “The Devil’s Advocate,” teaches: don’t ask a witness about the same thing many times. Because you’re going to make things worse. Rules of this kind are signposts rather than orders. More than five years ago, I attended a training …
Repeat the question