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

1. Check.-

   1. Definition.- is a bill of exchange drawn on behalf of a banker, which is payable on demand by the banker.

   2. Three - party

      1. the person who orders the drawn is the drawer

      2. the person against whom it is drawn is the drawee (the banker) and is ordered to pay

      3. the person to whom the draft is payable is known as the payee.

   3. Process.- The drawer gives the payee a written order that directs the drawee to pay money to the payee or to whomever the payee designates through an appropriate indorsement. The payee must collect the money from the drawee, by physically presenting the draft and demanding payment. Checks are different from other instruments because they are drawn on a bank and are payable on demand.

1. Notes.-

   1. A promissory note is an unconditional

Main Theme of the Roman Games

Main theme of the Roman Games

1. 1. It was for sport and spectacle.
   2. Include the Ludi Romani: Circuses, naumachia, and munera.
   3. Romans copied Greek models of art and literature, but they saw the games as too individualistic as opposed to being centered on the spectator.
   4. They thought Greek specialization in sport was useless because it was not directly transferrable to warfare.
   5. The violence of the Roman games was a safety release for the societal tension going on, given the socioeconomic conditions during that time.
   6. Ludi: a game in the sense of entertainment. Agon: Greek struggle.
   7. This started the beginning for Bread and Circuses.

Why did the Romans stage these brutal games?

1. Ludi Romani created social and political unity. Games reminded

Privacy Rights: Roe, Griswold, and Casey

Roe v. Wade Precedent: Griswold v. Connecticut

• Trimester Framework: Established in Roe v. Wade by Justice Blackmun (later modified).
• Griswold v. Connecticut (1965): Established a fundamental right to privacy derived from 'zones' in the Constitution (specifically citing Amendments 1, 3, 4, 5, 9, and 14).

Levels of Judicial Review

• Strict Scrutiny:
  • Requires a compelling government interest.
  • The law must be narrowly tailored to achieve that interest.
  • Burden of proof is on the government.
  • Statute is presumed unconstitutional.
  • Applied in cases involving fundamental rights (e.g., religion, race) or suspect classifications.
• Rational Basis Review:
  • Requires the government to show rational grounds for the law (legitimate government

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" »