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

5 Requirements for Administrative Claim Admissibility

To ensure a court admits a claim, the following five requirements must be met:

1. Jurisdiction and Competence

The court must determine if the judge has the legal competence to preside over the case. If fundamental rights are affected, citizens may bypass administrative courts in favor of civil courts.

2. Legal Nature of the Administrative Action

The court must verify if the subject of the review is an administrative action. This can take two forms:

• Action: A formal decision (e.g., denying a scholarship).
• Omission: Failure to act, known as administrative silence. This is a legal fiction where the administration fails to respond within a set period (typically 2–4 months), granting citizens the

1. Realization of the Right to Health (ICESCR Article 12)

1. Reduce infant mortality and ensure healthy child development.
2. Improve environmental and industrial hygiene.
3. Prevent, treat, and control epidemic, endemic, occupational, and other diseases.
4. Create conditions to ensure access to health care for all.

2. Equality Before the Law

The statement "All individuals are equal before the law, without distinction between the ruler and the ruled" is found in CDHRI Article 19.

3. Right to Equality (ICESCR Article 14)

• The right to equality before the law.
• The right to be presumed innocent until proven guilty.
• The right to a fair and public hearing by an impartial tribunal.

4. UN Conventions and Legal Obligations

The UN introduced conventions and treaties with the... Continue reading "International Human Rights Law: Treaties and Obligations" »

Types of Interest in Legal Claims

Interest in a legal matter can manifest in several ways:

• Personal Interest: When you are directly affected by the decision.
• Indirect Interest: For example, a neighbor affected by an expropriation order.
• Moral Interest.
• Material or Real Interest: When you are losing land or property.

In France, the concept of the "busy body" (someone without direct interest) is generally not permitted in legal challenges.

Evolving Citizen Participation

Courts now admit certain citizens or collectivities that do not possess a strictly personal interest in the claim:

• Example: An environmental issues group initiating a class action.
• Advantages: This results in only one claim and requires only one lawyer, leading to reduced costs.

Absence

1. Membership and Election

The Parliament sees its role not only in promoting democratic decision-making in Europe but also in supporting the fight for democracy, freedom of speech, and fair elections across the globe.

Following a number of previous attempts made at the time of previous treaty amendments, the number of MEPs has finally settled at 750. MEPs are elected to serve the electorate in constituencies and are organized into cross-border political groupings, rather than member states, with the total number per state crudely in proportion to population. Further possible expansions will almost certainly cause the issue of membership to be reopened.

The President of the European Parliament

The actual President of the European Parliament is... Continue reading "European Parliament: Membership and Election Procedures" »

Introduction to the Abolition of Basque Fueros

This document is a primary source, specifically a legal decree, with significant political content.

It was authored by the Spanish Cortes at the proposal of Cánovas del Castillo.

Primarily addressed to the inhabitants of the Basque provinces, it is therefore a public text.

Its main objective was to impose constitutional unity throughout Spain and, to that end, to abolish the Basque Fueros.

The decree was issued in Madrid during the Restoration period (when the new Constitution was approved), specifically at the end of the Second Carlist War.

Main Content: Achieving Constitutional Unity

The central idea of this decree is to achieve constitutional unity across Spain.

Key Articles:

• Article 1: Constitutional

The Economic Threat of Contraband and Illegal Trade

Understanding the Scope of Illegal Trade

People often seek personal gain, leading them into conflicts where they may unknowingly commit crimes. Nevertheless, the Government can enforce laws and impose penalties to curb these intentions.

One significant problem facing society is contraband. If the Government and society do not take adequate precautions, this issue will persist. Furthermore, the community contributes to this problem because when import costs are very high, consumers often seek faster and less expensive access to goods.

This document aims to explain contraband and raise public awareness about this detrimental practice.

Defining Contraband and Its Effects

Contraband is defined as the... Continue reading "The Economic Threat of Contraband and Illegal Trade in Panama" »

Separation of Powers

• Legislative Function
• Executive Function
• Judicial Function

Administrative Law

The Federal Judiciary System

Three Levels of Federal Courts

Level One: District Courts

District Courts are trial courts and handle cases related to congressional districts and voting rights.

• Cases: Constitution, laws, and treaties of the U.S.; Admiralty and maritime cases; Diversity jurisdiction (citizens of different states with more than $50,000 at issue).
• Annually, over 367,000 cases (excluding bankruptcy filings) begin at the 94 U.S. District Courts, staffed by 677 judges.
• There are 89 district courts in the 50 states, plus one each in D.C., Guam, Puerto Rico, the Virgin Islands, and the Northern Mariana Islands.
• Each state has at least one district court, and no district courts cross state lines. Some states have 2 to 3 districts, with California,

Grounds for Annulment of EU Acts

Under EU law, there are several grounds upon which an act can be challenged and annulled. These include:

• Lack of Competence

  This occurs when an institution does not possess the necessary power to act. It can manifest by exercising a power not conferred upon it, exercising a non-existent power, or encroaching on the powers of another institution.

  Case Example: In Germany v European Parliament and Council (Tobacco Advertising), a directive banning tobacco advertising was annulled because it was primarily a public health measure, a field where the EU had limited competence at the time.

• Infringement of an Essential Procedural Requirement

  EU law imposes essential procedural requirements as safeguards. A failure to follow

2 Types of Supreme Court Jurisdictions

1. Appellate Jurisdiction

Appellate jurisdiction covers cases from federal courts and the highest state courts involving federal questions (interpretation of the U.S. Constitution, statutes, or treaties). This process is discretionary, not obligatory, and follows the Rule of Four.

2. Original Jurisdiction

Between 1789 and 2012, there were only about 200 original jurisdiction cases. Under Article III, these include:

• Cases between a state and the U.S. Government.
• Cases between two or more states.
• Cases involving foreign ambassadors, ministers, or consuls.
• Cases initiated by a state against a citizen of another state or a foreign country.

Note: The 11th Amendment (1795) requires suits initiated against a state by... Continue reading "Supreme Court Jurisdictions and Federal Judicial Appointments" »