Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Defendant

An individual (or business) against whom a lawsuit is filed.

Habeas Corpus

Meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Issue

1. The disputed point between parties in a lawsuit;
2. To send out officially, as in a court issuing an order.

Mistrial

An invalid trial, caused by fundamental error.

Panel

1. In appellate cases, a group of judges (usually three) assigned to decide the case;
2. In the jury selection process

Plaintiff

A person or business that files a formal complaint with the court.

Plea

The defendant'... Continue reading "Legal Glossary: Essential Terms for Understanding the Law" »

IR theories:

PUBLIC ORDER AND SAFETY OFFENSES:

Designed to protect the general public by dealing with behavior that is not necessarily morally wrong but nonetheless affects the peace and safety of the community.

BREACH OF PEACE

At C/L any voluntary action that disturbed a community’s peace without lawful justification or excuse was considered a crime.

UNLAWFUL ASSEMBLY

• ROUT – NJ 2C:33-1b unlawful assembly
• RIOT – NJ 2C:33-1 unlawful assembly
• DISORDERLY CONDUCT – not a crime at C/L .341

N.J.S.A. 2C:33-2, which proscribes disorderly conduct, provides:

• Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating risk thereof he
• Engages in fighting or threatening,

THE STATE

Institutions to organize the people.

Formed by: population, territory

Under: The power of the state

Functions: established laws, enforce laws, govern

TERRITORY

• Associated with the territory they run and govern
• Defined by borders that separate them from other states and their territories.
• Can't make decisions outside their borders.
• If rules aren't respected, conflicts arise between states.

PEOPLE

• Have the same rights for everyone.
• Don't necessarily have the same social, political, and cultural background.
• It's common for people of different cultures and nationalities to live in the same state.

DEMOCRACY

• Equality: before the law, personal social and political rights, opportunities
• Justice: people, groups, individuals/groups, communities/countries
• Freedom:

The Person

Definition

An entity with the capacity to have rights and obligations.

Individual Person (Natural Person)

• Start: Birth
• Extinction: Death
• Capacity:
  • Full (to have rights and obligations)
  • In action (capacity to enter into contracts on one's own)

Group of Persons (Legal Entities)

A group of different people joined together with a common purpose. There are two types of collective entities:

Associations of Public Interests:

Cannot divide profits among its members.

• Foundations: The aim cannot change.
• Associations: The aim can change.
• Corporations: Created by public authority, do not have shareholders, and have to provide an efficient public service.

Private Legal Entities:

Profit can be divided. These are commercial and civil legal entities.

• Start: Constitutional

7. Gruber 7.4

People in my neighborhood pay annual dues to a neighborhood association. This association refunds neighborhood dues to selected homeowners who do a particularly nice job in beautifying their yards.

a. Why might the neighborhood association provide this refund?

If the neighborhood association provides a refund to homeowners who do a nice job beautifying their yards, they are providing an incentive for other neighbors to beautify their own yards and a subsidy to make the neighborhood beautiful. By providing more of this good, they provide with a positive external social benefit for the whole neighborhood.

The neighborhood association collects annual dues with the purpose to provide external social benefit. If the neighborhood looks

The Mysterious Letter from My Grandfather

This story began a long time ago when I was ordering the memories of my recently deceased grandfather. Among his memories, I found a dirty box full of photographs, letters and postcards. Among all his belongings was a closed letter with my name. In the envelope, I could read "For my granddaughter." When I opened the letter and read the text, I could not believe what I had written. In this letter, my grandfather explained to me that when he was young, he and his brother found an incredible object. However, for security reasons, they decided to hide it in a safe place. What do you think that happened?

Exciting Rafting Adventures

One of the most exciting team activities you can do in the natural environment... Continue reading "Exciting Rafting Adventures and Personality Tests for Job Candidates" »

MEMOIRS V. MASSACHUSETTS, 1966

1973 COURT GUIDELINES .351 abandoned requirement 'utterly without redeeming social value.'

New guidelines:

1. Whether the average person, applying contemporary community standards, would find the work, taken as a whole, appeals to prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

MODEL PENAL CODE – test based on review: material is obscene if its 'predominant appeal' to ordinary adults’ morbid interest in nudity, sex or excretion. .352

OBSCENITY AND THE INTERNET – Communications Decency Act of 1996 (CDA).

Reno v. ACLU,... Continue reading "Obscenity and Sexual Offenses in New Jersey Law" »

What is ethics?

A brand of philosophy that focuses on moral issues.

What is managerial ethics?

The study of morality and standards of business conduct.

Ethic Dilemma VS. Ethical Lapses

E.D. - Having to make a choice between two competing but arguably valid options.

E.L. - Decision that is contrary to an individual's beliefs and policies of the company.

Nike & the Sweatshop Labor Controversy:

• Increased the minimum age at factories
• Adopted U.S. Clean Air regulations
• Disclosed the locations and permitted independent monitoring
• Offered micro loans to workers
• Helped form fair labor association to monitor overseas working conditions
• Built schools and health clinics in worker communities

Basic Approaches to ethical decision making

• Utilitarian: consequences
• Moral