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

Principles of Government

1. Unitary — Унитарное
2. Supreme and absolute power — Верховная и абсолютная власть
3. Legislative — Законодательная
4. Executive — Исполнительная
5. Judicial — Судебная
6. System of checks and balances — Система сдержек и противовесов
7. Supremacy of law — Верховенство права
8. Universally recognized principles — Общепризнанные принципы
9. Suffrage — Избирательное право
10. Secret ballot — Тайное голосование
11. Guarantor — Гарант
12. Term of office — Срок полномочий
13. Parliament / The National Assembly — Парламент... Continue reading "Constitutional Government Structure: Legislative, Executive and Judicial Branches" »

Jurisdiction in the European Union

1. Relation with Other Legal Instruments

1.1 Other Specific EU Legal Instruments

Does not affect specific matters.

1.2 Brussels Convention

Superseded by the Brussels Regulation. References to the Convention should be to the Regulation.

1.3 International Conventions

Supersedes existing treaties, but treaties retain validity where not superseded. The Brussels Regulation (Regulation 44/2001) does not affect specific treaties. The Regulation shall not affect treaties prior to its entry into force.

2. Scope of Application

2.1 Time

March 2002

2.2 Geographical Scope

All EU members except Denmark (Denmark joined in 2005).

2.3 Material Scope

Civil and commercial matters (excluding revenue, customs, and administrative matters). Does... Continue reading "Jurisdiction in the European Union: A Comprehensive Summary" »

Difference Between Preliminary and Provisional Measures

Preliminary Measures

Preliminary measures allow the future plaintiff to gather information needed to establish the facts of the case. The main requirement is demonstrating the necessity of specific information for the proceeding to establish the case in the complaint.

Two types of information-gathering measures exist:

• Testimony and Oral Testimony of a Person: To obtain knowledge held by someone.
• Submission of Documents: To access relevant documents.

To request such measures, one must demonstrate a just cause and relevance to the case.

Provisional Measures

Provisional measures, requested by a future plaintiff, aim to prevent risks of a future positive judgment not being enforced. The purpose is... Continue reading "Preliminary vs. Provisional Measures in Litigation" »

Labour Law: Employer and Employee Relationships

Labour law governs the relationship between employers and employees, specifically regarding employment contracts. These relations are categorized into two types:

• Individual Labour Relations: Legal rules governing the specific rights of the worker and the employer.
• Collective Labour Relations: Situations where workers organize to address existing inequality and insecurity.

Public Bodies in Labour Law

There are two primary public bodies:

1. Labour Courts: Responsible for resolving individual and collective disputes.
2. Labour Inspectorate: A public body tasked with controlling legal provisions related to working conditions.

Functions and Sources of Labour Law

The main functions of labour law are to protect rights

Inchoate Crimes: An Overview

Definition

Inchoate crimes, also known as incomplete crimes, are actions that are not crimes in themselves but occur in conjunction with other crimes. Examples include attempted murder and conspiracy to commit robbery.

Types of Inchoate Crimes

Conspiracy

Conspiracy is the oldest inchoate crime. It involves an agreement between two or more people to commit an unlawful act. The purpose of conspiracy laws is to prevent and punish criminal partnerships from attempting substantive offenses.

Elements of Conspiracy:

1. Agreement between two or more people
2. Intent to commit a crime
3. Overt act by any co-conspirator in furtherance of the conspiracy

The overt act need not be criminal but only needs to carry the project forward.

Conspiracy... Continue reading "Inchoate Crimes: Conspiracy, Attempt, Solicitation, and More" »

Characteristics of Injunctions

Any injunction should consist of an order that relates to the assets and rights of the defendant. No provisional measures can affect the person of the defendant; they are strictly patrimonial in nature.

These measures should be aimed exclusively at guaranteeing the effectiveness of the judicial protection that may be granted in a possible favorable judgment.

Examples of Provisional Measures

• Pre-judgment attachment
• Deposit of a movable asset

Legal Requirements under Article 726 CPA

There is no closed list of injunctions; any measure deemed adequate to protect a future judgment is considered a provisional measure, provided that it meets specific requirements. According to Article 726 of the Civil Procedure Act (CPA), a... Continue reading "Legal Requirements for Injunctions and Provisional Measures" »

The European Commission

The European Commission is one of the main institutions of the European Union. It represents and upholds the interests of the EU as a whole and drafts proposals for new European laws.

The 27 Commissioners, one from each EU country, provide the Commission’s political leadership during their 5-year term. Each commissioner is assigned responsibility for specific policy areas by the President. The President is proposed by the Council (composed of the heads of government) and elected from the most voted European party.

Core Purposes

• Proposing new laws: The Commission proposes new laws to protect the interests of the EU and its citizens, aiming to satisfy the widest possible range of interests. Its departments produce a draft

The Rule of Law in Democratic States

Diamond and Morlino highlight the rule of law as the cornerstone of any democratic state. A robust legal system prevents exploitation and protects citizens from government overreach. In states where the law is respected, citizens enjoy free and fair elections, participate in shaping laws and policies, and hold their government accountable. A law-abiding government, in turn, respects public opinion, protects equal rights for all, and remains answerable for any misconduct across its executive, legislative, and judicial branches. Conversely, without the rule of law, democratic institutions weaken, citizen participation diminishes, and corruption flourishes. Many developing nations struggle to establish a... Continue reading "Rule of Law and Sovereignty in Democratic States" »

Counterclaims in Legal Proceedings

Counterclaim: A claim asserted by the defendant against the plaintiff, serving as both a defense and a counter-attack. It involves the defendant's pleadings against the claimant, within their competence.

Requirements for a Counterclaim

• Connection between the defendant's pleadings and the plaintiff's initial claims.
• The Court must have jurisdiction over the subject matter and the counterclaim.
• The counterclaim is filed against the initial plaintiff.

Consequences of a Counterclaim

It is another claim within the same proceeding, discussed and judged alongside the original claim. The counterclaim defendant (original plaintiff) has the right to defend themselves.

Counterclaim Defenses

Types of allegations between the counterclaim... Continue reading "Counterclaims and Default Declarations in Legal Proceedings" »

Judicial Presumptions: Conclusive and Rebuttable

A judicial presumption is a logical inference made by a judge where, once a fact has been established, it is very likely that another fact is true. This is a type of circumstantial evidence, representing the mental activity of inferring the truth of one fact based on another.

It comprises three essential elements: an ascertained fact, a logical link, and a presumed fact. Courts are expected to apply presumptions during the evaluation of evidence.

Presumptions can be categorized into two main types:

• Legal Presumptions: Established directly in the text of the law, these may be either conclusive or rebuttable.
• Judicial Presumptions: Created ad hoc by the court in consideration of the specific circumstances