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

Absolutist State

An authoritarian state of the Modern Ages. The sovereign's power is unlimited and unrestricted. Rulers are not chosen by citizens, and there's no legal way to oppose their orders.

Totalitarian State

The most extreme authoritarian state, with exhaustive control over social and personal spheres. The state controls non-state institutions, civil society, and private life. Media, education, religion, and family are inspected to prevent opposition.

Law

The set of principles and norms governing human relations in society. It's a comprehensive code addressing all aspects of personal and social interactions.

Rights

The faculty or ability of every human being to do what is allowed or demand what aligns with their dignity. Human rights are a... Continue reading "State Forms and Legal Concepts: Absolutism to Natural Law" »

The European Parliament: A Key Institution in the European Union

With 751 members, the European Parliament constitutes one of the largest democratic institutions in the world. Its members (MEPs) are elected every five years through direct election – although there have been some issues concerning poor voter turnout – and are distributed among eight different parliamentary groups which are supposed to represent the whole political spectrum. It is considered one of the main institutions in the European Union alongside the European Council and the European Commission. In order to understand the relevance of the EP in the decision-making of the Union, it will be necessary to analyze what a parliamentary system is and then move into the application... Continue reading "The European Parliament: From Consultative Assembly to Co-legislator" »

The US Federal Government System

Division of Powers

The United States employs a federal government, dividing powers between the federal and state governments. This contrasts with confederal systems (like the Confederacy during the Civil War, under the Articles of Confederation), where states hold more power, and unitary systems (like Japan, China, and France), where the national government holds all power.

Some European countries practice home rule, granting limited power to local areas.

National Powers (Federal Government)

The federal government holds supreme authority in:

• Military and War
• Coining Money
• Foreign Affairs and Treaties
• Interstate Commerce

State Powers

States retain control over:

• Education
• Elections
• National Guard (for state emergencies)
• Law

Section 39 of Basic Law Government

Section 39 of Basic Law Government states that emergency regulations shall not be enacted, except to the extent warranted by the state of emergency.

Israel's Culturally Neutral Attitude

Israel specifically adopts a culturally neutral attitude towards all inhabitants because: (NOT ANY OF THESE) there is a requirement of neutrality to fulfill a liberal democratic constitution. + the Declaration of Independence does not declare total equality between all inhabitants. + according to Barak's Key Theory, once you are in Israel, only Jews are equal.

Interview with Israelis and Saudis

In an interview with Israelis and Saudis, the Court would rule in favor of the petitioners, due to the low probability of endangering the

Bureaucratic Inefficiency

Bureaucratic inefficiency might be desirable in that it might help protect our liberties.

Aid to Families with Dependent Children

The Aid to Families with Dependent Children program decreased in popularity as the public began to believe that it was encouraging out-of-wedlock births.

Defense Program

As Gallup Poll data shows, a majority of Americans believe that our defense program is"about righ" or"not strong enough"

Interstate Commerce Commission

The creation of the Interstate Commerce Commission (ICC) led to the federal government supervising railroad activities.

Congressional Terminology

a. Rider

An additional provision added to a bill or other measure under consideration by a legislature.

b. Cloture Rule

The only formal procedure... Continue reading "American Government: Key Concepts and Terms" »

Universal Jurisdiction (UJ) in International Law

UJ has become the preferred technique by those seeking to prevent impunity for international crimes. While there is no doubt that it is a useful and, at times, necessary technique, it also has negative aspects. The exercise of UJ is generally reserved for the most serious international crimes, such as war crimes, crimes against humanity, and genocide; and other crimes such as terrorism because there is a treaty that specifically defines that terrorism falls under the means of UJ. UJ must be used carefully so it doesn’t create any negative consequences. If a country includes in its criminal and civil codes the fact that they want to apply UJ they established to themselves the obligation to try... Continue reading "Understanding Universal Jurisdiction in International Law" »

The Roman Republic

It was the 2nd period in Roman history from 509 B.C to 27 B.C. It was a result of a revolt which removed the Etruscan king.

Social and Political Groups

There were 2 important social and political groups:

• Patricians: They were descendants of the aristocratic families that founded Rome. They were a minority of the population and had important functions such as judging, controlling the land, holding public office, and governing the city.
• Plebis: They included anyone who arrived in the city after its founding. They were the majority of the population. At first, they didn't have political rights and property. After, they achieved 2 important things: the plebeian to represent their interest in politics and the law of 12 tables to enable

• 13th Amendment

  The Civil War amendment

• 14th Amendment

  Anyone born in the US is a US citizen

• 15th Amendment

  Voting rights cannot be denied because of race or color

• 16th Amendment

  Income tax

• 17th Amendment

  Direct election of senators

• 18th Amendment

  Prohibited sale of alcohol

• 19th Amendment

  Women's right to vote

• 20th Amendment

  Changed the presidential inauguration

• 21st Amendment

  Alcohol prohibition is repealed

• 22nd Amendment

  President limited to two terms

• 23rd Amendment

  Voting rights for citizens of Washington D.C.

• 24th Amendment

  Eliminated poll tax

• 25th Amendment

  President succession

• 26th Amendment

  Lower voting age to 18

• 27th Amendment

  Pay raises for congress

Insolvency Proceedings: Pre-Insolvency Proceedings and Out-of-Court Payment

In Spain, when a debtor faces a plurality of creditors and cannot fulfill their obligations, the law provides a judicial process known as insolvency proceedings. Once insolvency is declared, the debtor loses the freedom to choose which creditors to pay and must request the formal declaration of insolvency.

The primary objective of insolvency proceedings is to salvage viable businesses. However, this process has its drawbacks. As an alternative to filing for insolvency, Spanish law allows debtors to notify the court of their intent to negotiate a refinancing agreement. If an agreement or out-of-court payment is not reached within three months of this notification, the... Continue reading "Insolvency Proceedings and Out-of-Court Payment Options in Spain" »

Definitions

• reminiscent: reminding of something in the past
• sprawling: spreading over a large area
• vast: of great extent
• prospective: likely to happen
• station: assign to a specified place for a particular purpose
• walk out on somebody: break up
• heyday: person's greatest success
• consortium: association of several companies
• venture: business enterprise that involves risk
• output: amount of something produced
• flourish: develop rapidly
• attentive: paying close attention to something
• buzz: humming sound
• captivating: capable of attracting interest
• cater for somebody: provide
• close-knit: bound together with common interest
• eradicate: destroy
• hilly: having many hills
• immense: large
• tucked away: located in a concealed place
• stone's throw from: close
• teem with: full of or swarming