Notes on Law School Enrollment and Waivers

Introduction

• When enrolling in law school, you receive an "Undertaking and Waiver" document.
• This document has two main parts:
  1. Promise to complete deficiency units
  2. Waiver of admission rights

Deficiency Units

• Newly admitted law students must complete required deficiency units.
• Common deficiency units include:
  • Efficiency units
  • Non-English units
  • Social science units
• Students typically have one year to complete these units.
• Failure to complete may result in dismissal from law school.
• A link to a video on completing deficiency units is provided in the description.

Civil Code Overview

• Article 6 of the Civil Code states that rights may be waived unless contrary to law or prejudicial to others.
• Definition of Rights
  • A right is a power or privilege that one person has against another.
  • Elements of a Right:
    • Active Subject: Person holding the right.
    • Passive Subject: Person against whom the right is enforced.
    • Object: The thing or service covered by the right.
    • Efficient Cause: The event giving rise to the right.

Categories of Rights

1. Political Rights
   • Rights linked to participation in government.
   • Some rights arise from citizenship, guaranteed by the Constitution.
2. Civil Rights
   • Rights inherent to individuals in relation to others.
   • Includes rights to life, family, and property.
   • Example: Provisions on succession in the Civil Code.

Understanding Waivers

• A waiver is the voluntary relinquishment of a known legal right.
• Types of Waivers:
  • Express Waivers: Written documents stating intent to waive.
  • Implied Waivers: Actions or inactions indicating relinquishment of rights.
• Example of an express waiver includes extending a loan payment period.

Validity of Waivers

• For a waiver to be valid, it must meet specific criteria:
  1. The person must possess the right being waived.
  2. The person must have legal capacity to waive the right.
  3. The waiver must be clear and unequivocal.
  4. The waiver must not violate laws, public policy, or affect third-party rights.

Limitations on Waivers

• Certain rights cannot be waived:
  • Rights contrary to law or public policy (e.g., minimum wage).
  • Rights that would adversely affect third-party rights (e.g., obligations to others).
• Example: If a person waives a right that negatively impacts another's right, that waiver is invalid.

Summary of Key Points

• Rights are powers or privileges that can be relinquished or surrendered.
• Waivers can be express or implied.
• An individual must possess a right to waive it and have the legal capacity to do so.
• Generally, all rights can be waived except for those contrary to law or that harm third parties.

Conclusion

• Rights and waivers are critical concepts in law, impacting various fields such as constitutional law, civil law, and taxation.
• Continued learning and understanding of these concepts are essential for law students.