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

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International Trade Documents: Proforma Invoice, Customs Invoice, Packing List, Consular Invoice, Certificate of Origin

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PROFORMA INVOICE

It is a document provided by the seller to the buyer, containing most of the necessary information about an international operation.

If the buyer accepts, it is understood that the buyer accepts and confirms the information indicated on it.

Proforma functions:

  • Quotation Document
  • Payment Tool
  • Customs Document
  • To obtain Import Licenses and documents.
  • Part of an agreement
  • Order Confirmation
  • Relation with the Bank
  • Manage an Insurance
  • Information Confirmation

CUSTOMS INVOICE

Extended form of commercial invoice required by customs (often in a specified format) on which the exporter indicates the description, quantity, selling price, freight, insurance and packing costs, terms of delivery and payment, weight and/or volume of the goods for the purpose

... Continue reading "International Trade Documents: Proforma Invoice, Customs Invoice, Packing List, Consular Invoice, Certificate of Origin" »

Essential Facts on Texas Government, Elections, and Federalism

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Key Concepts in Texas and US Political Science

28. The Mansfield School Desegregation Incident (1956)

In 1956, Governor Allan Shivers declared a demonstration an “orderly protest” and sent the Texas Rangers to support the protestors. What was that demonstration called?

Mansfield School Desegregation Incident

29. Restrictions in the Texas Constitution of 1866

The Texas Constitution of 1866 did all of the following EXCEPT:

  • Place restrictions on the establishment of corporations.

30. Defining Interest Groups

When citizens join together in a voluntary organization in order to influence public policy, they act as what?

Interest Group

31. Key Political Terminology: Tipping

Know this word:

Tipping

32. Gerrymandering Technique: Cracking

What is the name of the... Continue reading "Essential Facts on Texas Government, Elections, and Federalism" »

Human Rights and Basic Laws in Israel: Key Principles

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Basic Law: Human Dignity and Liberty

Ensures freedom of movement for Israelis into and out of the country.

Separation Fence Impact on Palestinian Farms

The court will rule that injuries caused by the fence are disproportionate to the security benefit; the fence has to be rerouted.

Ministry of Education Special Grants to Jewish Schools

The court will hold that these grants are discriminatory in their impact since it may be assumed that the criteria were chosen in order to exclude Arab communities, therefore, invalid.

Gender Equality in Israel

YES, because there is both formal and substantive equality in Israel stemming directly from the Declaration of Independence and from decisions of the HCJ.

YES, equality is a non-enumerated right from the Basic

... Continue reading "Human Rights and Basic Laws in Israel: Key Principles" »

Consumer Rights and Protection: A Guide to Consumer Bills and Movement

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Consumer Rights and Protection

The Right to be informed: - You have the benefit of receiving accurate information

- Consumer make wise decisions only if they have the information they need

The Right to choose

- Consumer have a variety of goods and services

- Business compete to sell the product and services to consumers

The right to Safety:

- You have the right to products that are safe to use

- Federal laws ensure that clothing, food, toys and other items

The right to be heard:

- Consumers who have complaints about products or services have a right to be heard

- Business rely on consumer satisfaction

To have problems corrected:

You can take a defective item back to the store with a receipt, some businesses replace it or issue a refund.

You can go to a... Continue reading "Consumer Rights and Protection: A Guide to Consumer Bills and Movement" »

Key Concepts in Comparative Property Law: Hypothec, RoT, and Servitudes

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Hypothec: Elements and Content

Elements of a Hypothec

  • Subjective Elements: Hypothecor and Hypothecee

    Capacity: The constituent must be the owner of the immovable property and possess the right to dispose of it.

  • Objective Elements

    The property must be free of any other charge and capable of guaranteeing any type of obligation.

  • Formal Elements

    Requires a written agreement (specifying the obligation/sum of money covered), a notarial deed, and registration. Registration has a constitutive effect in Spain (SP), the UK, Germany (GER), and the Netherlands (Dutch).

Content of the Hypothec

The owner of the property (debtor) remains the possessor and can use (civiliter use), enjoy, dispose of, and even further burden the property. The hypothec itself can be modified.... Continue reading "Key Concepts in Comparative Property Law: Hypothec, RoT, and Servitudes" »

Understanding Crime: Definitions, Legal Terms, and Social Impact

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Understanding Crime: Key Definitions and Legal Terms

Crimes and Criminals

  • To murder is to kill someone unlawfully and with premeditation.
  • To mug is to attack and rob someone in a public place.
  • To rob is to steal money or property from a person or a bank.
  • To kidnap is to take somebody somewhere by force, often in order to get money for returning them (ransom).
  • To steal is to take something that belongs to somebody else.
  • To burgle is to get into a building and steal things.

People Involved in Crime

  • A witness sees a crime.
  • A culprit commits a crime.
  • A victim suffers a crime.
  • A suspect may be guilty of a crime.

Related Vocabulary

Paragraph A

  • Groups of young people who spend time together and who are often involved in crime or drugs: gangs
  • Someone whose job is
... Continue reading "Understanding Crime: Definitions, Legal Terms, and Social Impact" »

Van Gend en Loos: The Principle of Direct Effect in EU Law

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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" »

Defining the State: D'Entreves' Views on Force, Law, and Cohesion

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D’Entreves' Three Points of View on the State

Which three points of view from which the state is approached are considered by D’Entreves? Are those points of view complementary? Why?

The State as Force (Monopoly of Power)

Firstly, the state equals force; it has the monopoly of force. There are, on the one hand, psychological forces affecting everyone everywhere. On the other hand, above all, there are new and unheard-of material forces, made available by the increasing perfection of scientific instruments, weapons, and means of defense and offense. To be sure, from this point of view, it is the executives, the bosses, the war lords, who are the state. It is they who make the decisions and give the commands. They hold the fate of all in their... Continue reading "Defining the State: D'Entreves' Views on Force, Law, and Cohesion" »

Civil Rights and Education in the United States

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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: Rights & Equality

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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" »