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

Legal Terminology

ARRAIGN OR BE ARRAIGNED: acusar o ser acusado, COUNSEL: consejo, COMBINED: conjunto, POTENTIALLY; TAXPAYERS: contribuyente, STATE: estado, RARELY; PAROLED: lib. condicional, ADDING: añadiendo, HEALTH; CARE: cuidado, INMATES: recluso, "TOUGH ON CRIME": difícil en el crimen, FULL; LESS: menos, WARMER: +calido, TURN OFF: apagar, TURN DOWN: rechazar, UNPLUG: desenchufar, THROW AWAY: tirar la basura, PUT ON: ponerse, MORE: mas, TAKE OFF: quitarse, TURN UP: aparecer, PLUG IN: enchufar, KEEP: guardar, COLDER: +frio, EMPTY: vacío, RELEASE: lanzamiento, ALLOWED: permitido, GUARANTEES: garantía, SPENT; AVAILABLE: disponible, LEAD: dirigir, DEEP: profundo, ARMED=ROBERRY: robo a mano armada, PAROLE BOAR: Junta de lib., TECHNICAL PROBLEM,... Continue reading "Legal Terminology and Criminal Justice System" »

History

• George Washington established a cabinet with four secretaries:
  • Secretary of State: Thomas Jefferson
  • Secretary of the Treasury: Alexander Hamilton
  • Secretary of War: Henry Knox
  • Attorney General: Edmund Randolph

National Level

• President: Head of State and Government, Commander in Chief.
• Vice President: Also elected by the people, serves as President of the Senate.
• Cabinet: Composed of 15 secretaries and the Vice President. Examples include the Secretary of State and the Secretary of the Treasury. All members are nominated by the President.

Agencies

• Secretaries of departments do not have rule-making power.
• US Agencies, on the other hand, have rule-making power.

Types of Agencies

1. Dependent Agencies: President → Cabinet → Agencies dependent on the

Administrative Decisions (Decision-Making Power)

Administrative decisions (decision-making power) are adopted by the administration (agencies, e.g., the EPA).

• Examples: fines; scholarship; penitentiary permits (probation); third decree; maternity licenses; concession; expropriation decision (possibility to take ownership from a citizen for the public good).

Administrative Adjudication

Administrative adjudication is a decision passed at the federal, state, or local level to resolve a conflict or a dispute between one citizen and the administration, or between citizens.

• Example: a conflict between two students over a scholarship; you may appeal an administrative decision to claim your scholarship.

Administrative decisions = actions. They are actions... Continue reading "Administrative Decisions and Acts in Spain: Law & Types" »

Defining Torture in International Human Rights Law

The legal definition of torture in human rights law differs significantly from how the term is commonly used in the media or general conversation.

Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides the internationally agreed legal definition:

"Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based

Harmonization of standards

Two or more countries adopt a common set of standards

Mutual recognition of standards

Countries maintain their own standards, but accept the standards of others as valid and sufficient

Separate standards

Countries maintain their own standards and refuse to recognize the standards of others

• The International Labor Organization (ILO) proposed five labor standards as basic rights, revised by OECD:
• Prohibition of forced labor
• Freedom of association
• The right to organize and bargain collectively
• An end to the exploitation of child labor
• Nondiscrimination in employment

• Economists express four concerns over the use of trade measures to enforce standards:
• Effectiveness:
  • (a) only large countries or coalitions of countries can use trade

Legal Regulations and Official Publications

Laws in Catalonia are published in the DOGC, while Spanish laws are published in the BOE.

1. Legal Regulation Definition

Legal regulation is a source of law promulgated by a governmental body in a specific manner, consisting of a combination of written and officially published rules. These rules follow a strict hierarchy.

2. European Union Law

As a member of the EU, Spain must follow EU regulations and adapt its national law accordingly. The European Commission makes proposals, which the Council and Parliament approve. These are published in the Official Journal of the European Union.

• Primary Regulation: Treaties.
• Secondary Regulation:
  • Directives: Member states must adapt their national legislation to these.

Germany — Administrative Acts

Regulated in the Administrative Procedure Act / decision 1976: the most frequent form of action to regulate a single or individual case by the administration.

Legal framework and institutional roles

Each of the 16 states has its own administrative procedure. If state procedures conflict with federal rules, the federal law prevails.

Separation of powers:

• Legislative — passes the law.
• Executive — issues rules and decisions.
• Judiciary — applies and interprets the law.

Art. 35 — Definition of administrative act

Art. 35: An administrative act is every decision taken by a public authority to regulate a particular (individual) case within the sphere of public law.

Act = action; an administrative act is not a law.

Effects

Canadian Intellectual Property Office (CIPO)

The process starts with a proposed use declaration, indicating that the trademark is being used. The status changes from 'Pending' to 'Registered Trademark' after a notice of allowance, typically 10-14 months after filing, provided there are no oppositions.

A trademark examiner approves the application for publication in the trademark journal. Within two months of publication, third parties can oppose the trademark.

United States Patent and Trademark Office (USPTO)

The Trademark Electronic Search System (TESS) is used for searches.

Form #11 in the USPTO filing process relates to the Madrid Protocol.

Serial Number/Registration number are key identifiers.

Trademark Trolls

Trademarks can be protected through... Continue reading "Trademark Registration: CIPO, USPTO, and International Systems" »

United Nations

The United Nations, a peace project succeeding the League of Nations, was founded in 1945. Fifty-one original members signed the UN Charter in 1945 or participated in the 1942 San Francisco conference where the Charter was drafted.

Security Council

The UN Security Council has five permanent members: China, France, Russia, the United Kingdom, and the USA. Other admitted members must agree to the following terms:

• Be a state
• Be peace-loving
• Accept the obligations
• Be able to fulfill the obligations
• Be willing to fulfill the obligations

The Security Council's main task is to maintain international peace and security. It has 15 total members, including 10 non-permanent members.

Organs

The UN has six main organs, one of which is now non-functional.... Continue reading "United Nations: Structure, Purposes, and Principles" »

Free Consent

Free Consent, as defined in Section 13, occurs when "two or more persons agree upon the same thing and in the same sense."

For example, if A agrees to sell his car to B, but A intends to sell his Maruti while B believes he is buying A's Honda, there is no consent because they haven't agreed on the same thing in the same sense. Consequently, there is no contract.

Section 14 states that consent is considered free when it is not caused or affected by the following:

• Coercion
• Undue Influence
• Fraud
• Misrepresentation
• Mistake

Coercion (Section 15)

Coercion involves using force or threats to compel a person to enter into a contract. The consent obtained under coercion is not free.

Undue Influence (Section 16)

Undue influence occurs when one party,... Continue reading "Understanding Free Consent and Contract Discharge" »