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

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

This landmark case saw the European Court of Justice establish that provisions of the Treaty Establishing the European Economic Community (EEC) were capable of creating legal rights enforceable by both natural and legal persons before the courts of the Community's member states. This principle is now known as direct effect. The case is widely acknowledged as one of the most important, and possibly the most famous, developments in European Union law.

Background of the Case

The case stemmed from the reclassification of a chemical by the Benelux countries into a customs category that entailed higher charges. Preliminary questions were asked by the Dutch Tariefcommissie... Continue reading "Van Gend en Loos: The Principle of Direct Effect in EU Law" »

Hispanic Americans

Largest minority, Identify with the Democratic Party, Longoria Affair: Felix Longoria was a Mex-American soldier that died during the WW2, Mrs. Longoria asked Tom Kennedy if the burial home can be used for Felix but was denied due to segregation. Dr. Hector Garcia, a Vet from WW2 and founder of American G.I., reached out to Senator Lyndon Johnson to secure the funeral for Felix at the Arlington National Cemetery  (news went nationwide) which lead to the turning point of Mexican American civil right movement due to Lyndon Johnson becoming President he was able to pass the Civil right Act and Voting Right Act.

American Indians

Begun to reassert their sovereignty and rights to self-government. Strained relations with state and... Continue reading "Civil Rights and Education in the United States" »

Landmark Israeli Supreme Court Cases

Kol Ha'am vs. Minister of Interior (1953) - Freedom of Expression

Background: A Communist newspaper published a harsh, unverified article against Israel and the US. The Minister of Interior decided to shut down the newspaper for 15 days.

Results: Justice Agranat ruled in favor of the newspaper.

Meaning: The Minister must consider whether it is probable that the publication will endanger public peace (Probability Test) and that the danger is so grave as to justify the use of such drastic tools (Damage Test), i.e., "Likely to endanger public peace."

• A mere tendency to endanger public peace will not suffice to fulfill that requirement.

Danilovich vs. El Al (1994) - Right to Equality

Background: Jonathan Danilovich,... Continue reading "Landmark Israeli Supreme Court Cases: Rights & Equality" »

Making a living on the ball steady exchanging

Paid peanuts keep your eye on the ball release broke

Got sacked on your corner reassure affluent

Show you the hopes jump the gun brought up amount

Pulling your weight hitting below the belt mugger change

Profit get a head start con artist receipt

Pack keep track of pickpocket price tag

Deliver stunning shoplifter two for the price of one

Dare tell get caught the full price

Income apart let off at no extra cost

Take pride in flee proff cost of living

Take for granted can't help safeguard low cost

Take sides accomplishment fine out of this world

Take advantage of devote gets away with making a living

Negardless of guidance guilty on the ball

Like clockwork excel trial crime doesn't pay

Split reammate valuables money

US v Haggar:

Environment Protection Act (EPA) of 1986

India's original Constitution did not contain any provision for the protection of the natural environment. However, the Fundamental Duties, which were added by the 42nd Amendment to the Constitution, prescribed the protection of the environment, including forests, lakes, rivers, and wildlife, as a duty of the citizens of the country.

This amendment also added new Directive Principles of State Policy, one of which was Article 48A, which directed the State to protect and improve the environment and to safeguard forests and wildlife.

These developments were a result of the United Nations Conference on Human Environment, held in Stockholm in 1972. First, the Wildlife Protection Act 1972 was enacted. Then, the... Continue reading "Environment Protection Act 1986: Key Provisions & Aims" »

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The Spanish Constitution

The Spanish Constitution represents the highest law in Spain, situated at the top of the legal system pyramid. It comprises the rules governing the basic institutions of the country, the territorial division (Autonomous Communities, State, and Local entities), and the rights and liberties of the people.

To create a new law or approve international treaties, changes to the Constitution are necessary.

Hierarchy of Spanish Law

Constitution - International Treaties - Organic Acts - General Acts - Decrees issued by the Government.

The two main types of law are Organic Acts and General Acts.

The Three Branches of Power

There are three branches of power: Legislative, Judicial, and Executive.

Organic Law

Organic Laws relate to the development... Continue reading "Understanding the Spanish Legal System: Constitution & Laws" »

Enhance your vocabulary with these 80 essential words, complete with clear and concise definitions.

Contracts

A contract is a legally binding promise (written or oral) by one party to fulfill an obligation to another party in return for consideration.

Elements of a Contract

• Offer and Acceptance
• Consideration
• Intention to be legally bound
• Legal capacity
• Formalities

Societies

Civil Society

• Contract between two or more persons
• Obligation to contribute money or goods
• Profits shared among members
• No minimum capital
• Losses and profits distributed
• Minimum of two partners

Anonymous Society

• Dedicated to the exploitation of an economic activity
• Capital divided into shares
• Minimum capital of 60k
• Own legal personality
• Losses in proportion to contribution
• Quarterly VAT

Limited Liability Company

• Capital divided into equal parts, not shares
• Minimum capital of 3.5k
• Partners exempt