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

Legal Rules as to Valid Offer

Essential Elements

1. Communication: Offer must be communicated to the offeree.
2. Certainty: The offer must be certain, definite, unambiguous, and not vague.
3. Legal Relation: The offer must be capable of creating a legal relation.
4. Expression: Offer may be express or implied.
5. Completeness: Communication of the complete offer is necessary.
6. Counter Offer: A counter-offer amounts to a rejection of the original offer.
7. Cross Offer: Cross offers do not conclude a contract.
8. Acceptance Burden: An offer must not thrust the burden of acceptance on the offeree.
9. Invitation to Offer: Offer must be distinguished from an invitation to offer.
10. Intention: The offeror should have the intention to obtain the consent of the offeree.
11. Specificity: Offer

Short Answers:

• Dual vs. Cooperative Federalism

  • Dual Federalism:

    • States retain autonomy; federal government yields to states in areas of overlapping responsibility.
    • Established in Hammer v. Dagenhart.
    • Revived in National League of Cities v. Usery, emphasizing state sovereignty, but later overturned by Garcia v. San Antonio Metropolitan Transit Authority, requiring states to yield to the Fair Labor Standards Act (FLSA).

  • Cooperative Federalism (Post-1937):

    • Federal government takes precedence in areas of overlapping responsibility.
    • United States v. Darby Lumber Co. upheld Congress's power to regulate employment conditions under the Commerce Clause, overturning Hammer v. Dagenhart.

• Printz v. United States

  • The Brady Handgun Violence Prevention Act (Brady Bill)

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act is an important piece of legislation in India that aims to preserve and protect the country's rich heritage and cultural assets.

• The act was passed in 1958 and has since undergone several amendments to keep pace with changing times.

Overview of the AMASR Act

The AMASR Act defines an "ancient monument" as any structure or building, cave, sculpture, inscription, or monolith that is of historical, archaeological, or artistic interest.

• The act aims to protect such monuments and ensure their preservation for future generations.
• It applies to all monuments that are over 100 years old, whether they are in public or

Remedies for Breach of Contract

Rescission of the Contract

Suit for Damages

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

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" »