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

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The Roman Republic: Social and Political Groups, Institutions, and History

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The Roman Republic

It was the 2nd period in Roman history from 509 B.C to 27 B.C. It was a result of a revolt which removed the Etruscan king.

Social and Political Groups

There were 2 important social and political groups:

  • Patricians: They were descendants of the aristocratic families that founded Rome. They were a minority of the population and had important functions such as judging, controlling the land, holding public office, and governing the city.
  • Plebis: They included anyone who arrived in the city after its founding. They were the majority of the population. At first, they didn't have political rights and property. After, they achieved 2 important things: the plebeian to represent their interest in politics and the law of 12 tables to enable
... Continue reading "The Roman Republic: Social and Political Groups, Institutions, and History" »

Business Structures: Sole Proprietorship, Partnership, and Companies

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Business Structures Explained

Sole Proprietorship

The simplest form of business organization is the sole proprietorship. This structure requires one person to provide the capital, control the business, keep all the profits, and accept unlimited liability. There are no special legal requirements, except that the business name must be registered if it differs from the owner's name.

It is easy to start this type of business, but it can be difficult to compete with large firms and challenging to raise money for expansion. When people open small shops, they are usually sole proprietors and may employ others.

Partnership

To form a partnership, at least two people are necessary. They contribute capital to the business and share profits in agreed proportions.... Continue reading "Business Structures: Sole Proprietorship, Partnership, and Companies" »

Insolvency Proceedings and Out-of-Court Payment Options in Spain

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Insolvency Proceedings: Pre-Insolvency Proceedings and Out-of-Court Payment

In Spain, when a debtor faces a plurality of creditors and cannot fulfill their obligations, the law provides a judicial process known as insolvency proceedings. Once insolvency is declared, the debtor loses the freedom to choose which creditors to pay and must request the formal declaration of insolvency.

The primary objective of insolvency proceedings is to salvage viable businesses. However, this process has its drawbacks. As an alternative to filing for insolvency, Spanish law allows debtors to notify the court of their intent to negotiate a refinancing agreement. If an agreement or out-of-court payment is not reached within three months of this notification, the... Continue reading "Insolvency Proceedings and Out-of-Court Payment Options in Spain" »

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" »

Lease vs Licence: Rights, Statutory Protection and Case Law

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Leases and licences: proprietary and personal rights

Leases give an individual a proprietary right in land which is binding on any third parties, while a licence gives a personal right that can be revoked at any time, as stated in Thomas v Sorrell. Licences are also not binding on third parties.

Furthermore, if one obtains a lease, they will have statutory protection under the Rent Act 1977 and the Housing Act 1996, which do not allow the leaseholder to be evicted simply and which provide rent control. As opposed to this, a licence does not provide any statutory protection to the occupier.

Court difficulties in distinguishing leases and licences

As such, most occupiers of properties would like to establish a lease instead of a licence, as a lease... Continue reading "Lease vs Licence: Rights, Statutory Protection and Case Law" »

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" »