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

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

Understanding the Research Process

The process for a research paper involves interpreting the results of research and then proving or disproving a hypothesis.

Crafting Your Research Question

What are you interested in? What do you need to know about it?

Narrowing Down Research

To summarize, focus only on what is relevant to your topic.

Importance of Citing Sources

Citing sources gives you credibility and avoids legal issues and plagiarism.

Steps in the Research Process

1. Research Question
2. Background Information
3. Hypothesis
4. Design Experiment
5. Collect Data
6. Analyze Results
7. Publish Findings

Preparing for Research

The process needed to prepare for research involves:

• Define
• Explore
• Identify
• Relate

Information Processing Skills

Requirements to effectively process information:... Continue reading "Mastering the Research Process and Citation" »

Free and Legal Evaluation of Evidence

Free and legal evaluation is the mental activity by which the Judge decides which fact is true or false. The Judge shall interpret and then evaluate.

• Interpretation: To comprehend the meaning of evidentiary results. You can’t assess anything if you don’t understand the meaning of an evidentiary result; you need to understand in order to evaluate.
• Evaluation: Assuming the Judge has understood the objective meaning, to which rules should the Judge adhere, to decide if a fact is true or false?

The general rule is the free evaluation of the evidence; the Judge is free to choose the rule of logic.

Free evaluation is a system in which the Judge is left to choose among the rules of human criteria and reason. The... Continue reading "Understanding Evidence Evaluation in Legal Proceedings" »

Arguments For and Against Juries

Arguments in Favour of Juries

• They are democratic, ensuring trial by one’s peers.
• They allow for public participation.
• Jurors are not influenced by professional prejudice.
• Juries are a barrier to the enforcement of unpopular laws.
• Juries confer legitimacy on the criminal justice process.

Arguments Against Juries

• Juries are unrepresentative.
• Juries cannot cope with highly complex cases.
• Juries can be influenced by prejudice.
• Juries are too easily persuaded by rhetoric rather than facts.
• Juries may be dominated by a few individuals.
• Juries do not sufficiently know the law.

Different Types of Lawyers in the UK and the US

UK Legal Roles

• Solicitors
• Barristers

US Legal Roles

• Lawyers (attorneys, attorneys-at-law, counsels, counselors,

Mistakes in Procedendo and In Iudicando

In procedendo (mistakes committed before the judgement): when upholding an appeal, the Court finds a mistake before the First Instance judgement. The judgement upholding the appeal will order the case to be referred back to the Court of First Instance at the point where the mistake/procedural infringement occurred.

In iudicando (mistakes done when adjudicating): if the Court finds that the mistake was committed at the First Instance, it will rule on the matter of the case for a second time and substitute the judgement given by the First Instance Court.

The Court shall rule on the merits of the case.

Judgements Subject to Appeal in Cassation

There are strict limitations on what proceedings can be subject to... Continue reading "Procedural and Judgment Errors & Cassation Appeals" »