Notes, abstracts, papers, exams and problems of Law & Jurisprudence

The UK Court System

The County Court

Deals with civil matters such as:

• Claims for debt repayment
• Personal injury
• Breach of contract concerning goods or property
• Family issues
• Housing disputes (mortgage, council rent arrears, repossession)

Most County Court cases are between people and companies who believe that someone owes them money.

The Crown Court

Deals with more serious criminal cases (murder, rape, robbery) which are on appeal or referred from the Magistrate's Court.

• Deals with cases transferred from Magistrate's Courts
• Hears appeals against decisions of the Magistrate's Courts
• Deals with cases sent for sentence from Magistrate's Courts

Trials are heard by a judge and a 12-person jury.

There are 77 Crown Courts across England and Wales.

The Supreme Court

In... Continue reading "The UK Court System: A Comprehensive Guide" »

Same-Sex Marriage in Spain

Context

On June 30, 2005, the Spanish Parliament legalized same-sex marriage.

Mr. Astarloa, empowered by seventy-one Members of the People’s Party Parliamentary Group in Congress, appealed for the unconstitutionality of Law 13/2005, which amended the Civil Code regarding the right to marry.

Summary of the Appeal

The petitioners did not oppose same-sex marriage itself but challenged the legalization process. They alleged the violation of Articles 9.3, 10.2, 14, 32, 39.1, 39.2, 39.4, 53.1, and 167 of the Spanish Constitution (SC).

They argued that the challenged law contradicted Article 32, which they interpreted as defining marriage exclusively as a heterosexual institution.

Furthermore, they contended that Article 14 SC,... Continue reading "Spanish Same-Sex Marriage Legalization: Constitutional Court Ruling" »

Alternative Dispute Resolution (ADR) Techniques

a) Negotiation

In negotiation, each party presents their case and proposes their desired outcome. The goal is to reach a mutually agreeable solution. Parties manage their own issues, presenting their case and choosing what information to disclose or conceal during the negotiation process. Sometimes, direct communication between parties is difficult, which leads to other ADR methods.

b) Mediation

Mediation is used when parties are willing to reach an agreement but struggle to communicate directly. A neutral third-party mediator facilitates communication, helping the parties reach a resolution. The mediator does not make a ruling but guides the conversation. Mediation is considered successful when... Continue reading "Alternative Dispute Resolution (ADR) Techniques" »

• Westminster Model: parliamentary sovereignty and supremacy of UK. Makes parliament the supreme legal authority, which can create or end any law
  • Fusion of powers: executive/legislative branches together; PM is head
• Backbenchers: rank and file MP’s of the majority party not part of the gov. or the opposition; sit in rows of benches behind their party’s spokesperson
• Shadow Cabinet: opposition; sits across the majority party; designated replacement
• Margaret Thatcher (1979-1990): conservative, moving away from corporatist interest groups and from welfare, wanted privatization/Thatcherism/Neoliberalism
  • Bully authoritarianism/austerity; no to labor unions, created social divides
  • Took Keynesianism to monetarism (many permanent changes)
• Whips: MP of the

Vocabulary Definitions

• Ability: n. a skill that enables beings to perform tasks. (syn. skill)
• Abuse: n. the act of exceeding use or consumption. (syn. misuse)
• Argument: n. a viewpoint supported by real evidence.
• Behavior: n. a conduct that characterizes living beings and organisms. (syn. conduct)
• Bullying: n. the act of hurting or frightening someone smaller or less powerful.
• Conflict: n. a disagreement, difference or quarrel among people. (ant. harmony)
• Debate: n. a formal discussion of an issue in a given context.
• Feeling: n. an emotion towards a person or thing. (syn. emotion)
• Incident: n. a given event, happening or situation.
• Judgment: n. a decision derived from a particular issue. (syn. conclusion)
• Lonely: adj. characterized by being alone, without

Maintenance Call: Police see themselves as crime fighters, view calls as garbage, social work, or bs. Experts see maintenance calls as more important than crime fighting.

Traffic Enforcement: The most common form of order maintenance, it involves low-level yet significant friction between police and the public. Police often think of it as distasteful, given the dangerous aspects of the job.

Domestic Disturbance: Involving two or more people in an intimate relationship. One-third of these calls involve some form of violence.

DD: A response may include arrest, mediation, split parties, or referral to a social service agency. Cases are often dismissed.

Minneapolis Domestic Violence Experiment: A test of what worked to deter domestic violence from... Continue reading "Order Maintenance Calls: Importance, Challenges, and Strategies" »

Trademark Infringement Under the Trade Marks Ordinance 2001

The Trade Marks Ordinance 2001 outlines the legal framework for protecting intellectual property rights in Pakistan, specifically addressing trademark violations.

Infringement of Trade Marks

Sections 39 and 40 of the Ordinance define trademark infringement. Section 39 establishes a registered trademark as the proprietor's personal property. Any unauthorized use of the mark for trade in a manner similar to the registered goods or services constitutes infringement under Section 40. Displaying "registered goods" on packaging serves as a notice of prohibition (Section 41).

Action for Infringement

Section 46 grants the trademark proprietor the right to pursue legal action against infringement.... Continue reading "Trademark Infringement and Penalties Under Pakistani Law" »

Essential Phrasal Verbs

• Set off - Start a journey
• Hand over - Give something to someone officially
• Share out - Divide something between people
• Move out - Leave your home permanently for a new home
• Set up - Establish/start something
• Spring up - Appear or develop quickly
• Come up against - Be faced with or opposed by something
• Put up - Build or erect something

Crime and Legal Vocabulary

General Terms

• Curfew - Time when someone is not allowed to leave their home.
• Witnesses - People who saw something happen and can give evidence.
• Disorderly conduct - Violent or noisy behavior in public.

Court and Legal Proceedings

• Juries - Group of people who listen to court cases and decide on a punishment.
• Judge - A person in court who has the authority to decide a punishment.

Smith v. VanGorkom

-Business Judgement Rule

-Unocal/ Enhanced BJR

No Shop Clause

•Van Gorkom outlined the terms of the Pritzker offer as follows:

• Pritzker would pay $55 in cash for all outstanding shares of Trans Union stock upon completion of which Trans Union would be merged into New T Co., a Pritzker subsidiary formed to implement the merger

•for a period of 90 days, Trans Union could receive, but could not actively solicit, competing offers; (868)

Outside Valuations

•Plausible: (adj.) believable.

•Plier: (n.)a tool that is used for Holding or cutting wire.

•Illuminate: (adj. /v.) brightened with light.

•Tremulous: (adj.) exceedingly Sensitive .

•Whims: (n.) a sudden impulsive and Apparently unmotivated idea or action

•Perished: (v.) destroyed or ruined.

•Vesper: (n./adj.) evening

•Impinge: (v.) to strike or dash Especially with a sharp collision; to have an effect

•Debarred: (v.) to prevent the Participation, consideration, or inclusion of ; ban

•Enmity (n.) hatred

•Eccentric (adj.) not Normal or irregular

•Contemptuously (adv.) done With hatred

•Scornfully (adv.) angrily And hatefully done

•Grotesque (adj.) disgusting

•Subsided (v.) Lowered or dying down.

•Diminished (v.) lessened Or... Continue reading "Divided attention" »