Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Grounds for Annulment of EU Acts

Under EU law, there are several grounds upon which an act can be challenged and annulled. These include:

• Lack of Competence

  This occurs when an institution does not possess the necessary power to act. It can manifest by exercising a power not conferred upon it, exercising a non-existent power, or encroaching on the powers of another institution.

  Case Example: In Germany v European Parliament and Council (Tobacco Advertising), a directive banning tobacco advertising was annulled because it was primarily a public health measure, a field where the EU had limited competence at the time.

• Infringement of an Essential Procedural Requirement

  EU law imposes essential procedural requirements as safeguards. A failure to follow

2 Types of Supreme Court Jurisdictions

1. Appellate Jurisdiction

Appellate jurisdiction covers cases from federal courts and the highest state courts involving federal questions (interpretation of the U.S. Constitution, statutes, or treaties). This process is discretionary, not obligatory, and follows the Rule of Four.

2. Original Jurisdiction

Between 1789 and 2012, there were only about 200 original jurisdiction cases. Under Article III, these include:

• Cases between a state and the U.S. Government.
• Cases between two or more states.
• Cases involving foreign ambassadors, ministers, or consuls.
• Cases initiated by a state against a citizen of another state or a foreign country.

Note: The 11th Amendment (1795) requires suits initiated against a state by... Continue reading "Supreme Court Jurisdictions and Federal Judicial Appointments" »

Spanish Employment Law

Contract Termination

Termination of Contract

There are several reasons for the termination of an employment contract. Besides death and mutual agreement, termination is typically initiated by either the employer or the employee. Legal rules exist to protect workers from unjustified dismissal.

Disciplinary Dismissal

Disciplinary dismissal is the most severe sanction an employer can impose for serious employee misconduct. This includes:

1. Very serious breach of contract, fundamentally violating the employer's rights.
2. Intentional or negligent, unjustified breach of contract.

Employee-Initiated Termination

In justified employee-initiated termination (constructive dismissal), the employee must file a lawsuit with a labor court, explaining... Continue reading "Spanish Employment Law: Contract Termination & Key Aspects" »

Conditional Legislation

Conditional legislation occurs when the legislature enacts a law but leaves the executive authority to bring it into force upon the fulfillment of specific conditions or contingencies. No legislative function is delegated; rather, the executive determines the timing of the Act's operation. This is also known as Contingent Legislation, as established in Inder Singh v. State of Rajasthan.

Judicial Control of Delegated Legislation

• Substantive Ultra Vires: The parent act is unconstitutional, the delegated legislation is inconsistent with the parent act, or the legislation is unconstitutional, unreasonable, or made in bad faith (mala fide).
• Procedural: Issues regarding sub-delegation, exclusion of judicial review, or retrospective

Glossary of Terms

Political and Social Concepts

• Absolutism: The three powers (legislative, judicial, and executive) are controlled by a single person.
• Tax: A percentage of money paid to the government/king, which is then used for public spending.
• Separation of Powers: In a democracy, governmental power is divided among separate branches: judicial, legislative, and executive.
• Estate: A territory that is politically independent of another community.
• Human Actions: Conscious behaviors aimed at achieving specific goals and objectives.
• Tithe: A historical tax, typically 10%, paid to the church or ruler.
• Constitution: Establishes the separation of powers and ensures its implementation.
• Divine Rights: The belief that a monarch's authority comes directly from

Writs in Indian Law

Habeas Corpus

"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

AK Roy vs Union of India, Kanu Sanyal vs District Magistrate

Mandamus

"Mandamus" is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

East India vs Collector of

The Northern Ireland Protocol: Core Objectives

The agreement:

• Avoids a hard border between Ireland and Northern Ireland, enabling the smooth functioning of the all-island economy and safeguarding the Good Friday (Belfast) Agreement in all its dimensions.
• Ensures the integrity of the EU’s Single Market for goods, along with all the guarantees it offers in terms of consumer protection, public and animal health protection, and combatting fraud and trafficking.

Main Elements of the Protocol

1. Alignment with EU Rules

As of the end of the transition period, Northern Ireland is subject to a limited set of EU rules related to the Single Market for goods and the Customs Union. The Union's Customs Code, for example, applies to all goods entering or exiting... Continue reading "Northern Ireland Protocol: Key Provisions and Market Integrity" »

Minority Shareholder Protection and Remedies

Every company has majority and minority shareholders. Very often, the majority shareholders will possess greater authority, leaving the minority with little choice but to acquiesce. In practice, if a minority shareholder is oppressed, several legal remedies are available. Section 994 addresses personal claims, while Section 260 pertains to corporate claims. Section 122(1)(g) is considered a last resort option. There are significant differences between these remedies.

Section 994 and 996: Unfair Prejudice Claims

Section 994(1) of the Companies Act 2006 is crucial in defining unfair prejudice. A key case illustrating this is O'Neill v Phillips.

Case Study: O'Neill v Phillips

• Facts: Mr. Phillips owned Pectel

Prototypical Cases of Ironic Interpretation

The following principles describe the relationship between utterance processing, contextual information, and the identification of ironic intent:

1. Uttering an ironic utterance is not a condition for the hearer to access information from different contextual sources and infer the ironic intention. The hearer can infer intention even before the utterance has been spoken.
2. Complete processing of the utterance is not a condition for accessing the ironic interpretation. Sometimes, the ironic interpretation is obtained even before the utterance has been processed completely (i.e., before all the words have been identified).
3. It is not always necessary to process completely the explicit information contained in

Traditional Doctrine and Challenges

A minority shareholder can raise a claim if they believe they have been mistreated by the majority shareholders. Traditionally, the company would bring a claim on behalf of the minority shareholder if the allegations involved a corporate wrong, such as fraud or control by the wrongdoer. However, this approach presented challenges:

• Difficult to establish proof beyond a reasonable doubt.
• Obtaining testimony from company employees against the majority shareholder was impractical.

Statutory Derivative Claims under the Companies Act 2006

Due to the limitations of the traditional doctrine, the Companies Act 2006 introduced statutory derivative claims under sections 260 and 263. Section 260 defines a derivative claim,... Continue reading "Minority Shareholder Protection: Derivative Claims and Legal Challenges" »