Notes, abstracts, papers, exams and problems of Law & Jurisprudence

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Spanish Constitution & Civil vs. Commercial Law

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The Spanish Constitution: The Supreme Legal Text

The Spanish Constitution is the supreme legal text. It is located at the apex of the regulatory hierarchy. Constitutional rules outline the legal framework in which private relationships unfold. It was promulgated in 1978. Constitutional provisions are grouped into two categories:

  1. The dogmatic part, which comprises:
    • a) The Preamble (principles and founding values)
    • b) The Preliminary Title (Articles 1-9, basic constitutional principles configuring the political and territorial model and defining identifying marks of the Spanish State)
    • c) Title I (Articles 10-55, “On Fundamental Rights and Duties”, under which fundamental rights, civil liberties, and governing principles of social and economic policies
... Continue reading "Spanish Constitution & Civil vs. Commercial Law" »

US Presidency and Executive Branch: Key Terms

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Key Terms of the US Presidency and Executive Branch

  1. Veto: The President rejects a bill.
  2. Bureaucracy: Executive departments and agencies that enforce laws.
  3. Executive Order: Presidential policy enacted without Congress.
  4. Iron Triangle: Bureaucracy, Congress, and interest groups working together.
  5. Policy Agenda: A set of issues the government is focused on.
  6. Independent Regulatory Agency: Regulates specific economic sectors.
  7. Independent Executive Agency: Like a cabinet, but with a narrower focus.
  8. Line-item Veto: The President blocks specific provisions of a bill.
  9. Executive Agreement: The President's agreement with another nation.
  10. Executive Privilege: The President's right to withhold information.
  11. Honeymoon Period: High presidential popularity immediately after
... Continue reading "US Presidency and Executive Branch: Key Terms" »

Key Legal Terms and Concepts: Definitions and Examples

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Exercise 1: Legal Terminology

  1. Commits
  2. To sue
  3. Press
  4. Offenses
  5. Crimes
  6. Felonies
  7. Defendant
  8. Imprisonment
  9. Settlement
  10. Ensure

Exercise 2: Legal Concepts

Land Law vs. Immigration Law

  • Land Law: Regulates property ownership, use, and disputes over real estate or land. It deals with property and land use (derecho de propiedad).
  • Immigration Law: Regulates the entry, stay, and removal of individuals in a country.

Barrister vs. Solicitor

  • Barrister: A lawyer who specializes in court advocacy and litigation.
  • Solicitor: Provides legal advice, prepares documents, and represents clients outside the courtroom.

Defendant vs. Prosecutor

  • Defendant: The person accused of a crime in a court case.
  • Prosecutor: A legal representative who brings charges against the defendant on behalf of the
... Continue reading "Key Legal Terms and Concepts: Definitions and Examples" »

New Zealand Constitutional Law: Manner, Form, and Conventions

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Manner and Form Requirements

Trethawon - The Privy Council upheld the manner and form of restriction on the Australian legislature. Even though it can be distinguished on the basis that, at the time, Australia had a colonial legislature as compared to New Zealand's sovereign Parliament.

Westco (HC) - Manner and form requirements can be applied (Obiter). At [93], McGechan J said, “While the point does not arise directly in this case, which is not a “manner and form” case but is a “content” case, I see no reason why the Court could not intervene in cases of non-compliance with the mandatory manner and form requirements as to passage of legislation at some suitable point before enactment.” If the content of the legislation offends, the... Continue reading "New Zealand Constitutional Law: Manner, Form, and Conventions" »

Proprioception and Rehabilitation in Sports Medicine: A Systematic Review

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PUB

("Proprioception"[Mesh] OR "Postural Balance"[Mesh] OR "Sensory Receptor Cells"[Mesh] OR ("proprioception"[Title/Abstract]) OR ("postural balance"[Title/Abstract]) OR ("sensory receptor cells"[Title/Abstract])) AND ("Rehabilitation"[Mesh] OR "Physical Therapy Modalities"[Mesh] OR "Exercise"[Mesh] OR ("rehabilitation"[Title/Abstract]) OR ("physical therapy modalities"[Title/Abstract]) OR ("exercise"[Title/Abstract])) AND ("Sports"[Mesh] OR "Soccer"[Mesh] OR "Tennis"[Mesh] OR ("sports"[Title/Abstract]) OR ("soccer"[Title/Abstract]) OR ("tennis"[Title/Abstract])) Filters: Clinical Trial, Meta-Analysis, Randomized Controlled Trial, from 2020 - 2024

EBS

(DE "PROPRIOCEPTORS" OR DE "PROPRIOCEPTION") OR (DE "MUSCULAR sense") OR AB (PROPRIOCEPTION... Continue reading "Proprioception and Rehabilitation in Sports Medicine: A Systematic Review" »

Understanding Competition Law in India: Key Cases and Concepts

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Key Mergers & Acquisitions

  • Etihad Airways and Jet Airways
  • Sun Pharma and Ranbaxy
  • Wal-Mart and Flipkart

Section 26 (1) of the Competition Act

On receipt of a reference from the Central/State Government, statutory authority, or upon its knowledge/information (under section 19), if the Commission believes a prima facie case exists, it shall direct the Director General to investigate.

Relevant Cases

  • CCI v. Steel Authority of India Ltd

Section 27(b): Penalties

The Commission may impose penalties, not exceeding 10% of the average turnover for the last three financial years, upon enterprises party to anti-competitive agreements or abuse of dominance.

Relevant Cases

  • Excel Crop Care Ltd v. CCI

Section 3(3): Anti-Competitive Agreements

Agreements that cause or... Continue reading "Understanding Competition Law in India: Key Cases and Concepts" »

Distinguishing Similar English Words: False, Revive, Fight

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Distinguishing Similar English Words

Understanding the subtle differences between similar words can greatly improve your English vocabulary and communication skills. Here's a breakdown of several commonly confused words:

Words Implying Falsehood

  • FALSE: Not real.
  • SPURIOUS: Not real.
  • COUNTERFEIT: Made in close imitation of something else, always intended to deceive, especially of money and documents.
  • FAKE: Made in close imitation of something else, always intended to deceive.
  • BOGUS: Made in close imitation of something else, implying a negative value judgment.
  • PHONY: Not real or true, always intended to deceive, implying a negative value judgment and arousing suspicion.
  • MOCK: Made in close imitation of something else, intended as a substitute for the
... Continue reading "Distinguishing Similar English Words: False, Revive, Fight" »

Shah Bano Case: Divorce, Alimony, and the Uniform Civil Code Debate

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The Shah Bano Case: A Landmark Indian Divorce Controversy

The Shah Bano case (1985 AIR 945, 1985 SCC (2) 556) was a controversial divorce lawsuit in India. Shah Bano, a 62-year-old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and subsequently denied alimony. This case sparked considerable debate about the application of different civil codes for different religions, particularly for Muslims in India.

The case led the Rajiv Gandhi government to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986. This act diluted the Supreme Court's secular judgment and effectively denied destitute Muslim divorcees the right to alimony from their former husbands. The Shah Bano case generated significant... Continue reading "Shah Bano Case: Divorce, Alimony, and the Uniform Civil Code Debate" »

Subjective Rights

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1 .- Concept D ° Subjective:

- Law in the objective sense is a set of legal rules governing the conduct of men

- Law in the subjective sense is contained in the substantive law (as when speaking of one or the other is because they look different aspects), is the faculty that has a subject to perform specific behavior, or refrain from it or require other The subject line of duty, serves to make, do and demand.

- These two concepts are related, since the definition of D ° objective is obtained for the individual right that could be formulated as follows: Power to act to satisfy their own interests guaranteed by law.

- There are some rights that are exercised without the consent, as the inherent rights (HR)

- We must make it clear that the... Continue reading "Subjective Rights" »

Uniform Civil Code in India: History and the Shah Bano Case

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Uniform Civil Code in India

A common civil code, popularly known as the Uniform Civil Code (UCC), is a long-standing unresolved debate in independent India. This debate stems from Article 44 of the Indian Constitution, contained in Part 4 (Directive Principles of State Policy), which states the state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India. Here, the term Uniform Civil Code (UCC) implies a set of common laws governing marriage, divorce, adoption, inheritance, and other such familial matters which would be applicable to all Indians, irrespective of their religion. Today, the members of each religious community follow their own respective sets of civil laws based on their religious history... Continue reading "Uniform Civil Code in India: History and the Shah Bano Case" »