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

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

This landmark case saw the European Court of Justice establish that provisions of the Treaty Establishing the European Economic Community (EEC) were capable of creating legal rights enforceable by both natural and legal persons before the courts of the Community's member states. This principle is now known as direct effect. The case is widely acknowledged as one of the most important, and possibly the most famous, developments in European Union law.

Background of the Case

The case stemmed from the reclassification of a chemical by the Benelux countries into a customs category that entailed higher charges. Preliminary questions were asked by the Dutch Tariefcommissie... Continue reading "Van Gend en Loos: The Principle of Direct Effect in EU Law" »

D’Entreves' Three Points of View on the State

Which three points of view from which the state is approached are considered by D’Entreves? Are those points of view complementary? Why?

The State as Force (Monopoly of Power)

Firstly, the state equals force; it has the monopoly of force. There are, on the one hand, psychological forces affecting everyone everywhere. On the other hand, above all, there are new and unheard-of material forces, made available by the increasing perfection of scientific instruments, weapons, and means of defense and offense. To be sure, from this point of view, it is the executives, the bosses, the war lords, who are the state. It is they who make the decisions and give the commands. They hold the fate of all in their... Continue reading "Defining the State: D'Entreves' Views on Force, Law, and Cohesion" »

Hispanic Americans

Largest minority, Identify with the Democratic Party, Longoria Affair: Felix Longoria was a Mex-American soldier that died during the WW2, Mrs. Longoria asked Tom Kennedy if the burial home can be used for Felix but was denied due to segregation. Dr. Hector Garcia, a Vet from WW2 and founder of American G.I., reached out to Senator Lyndon Johnson to secure the funeral for Felix at the Arlington National Cemetery  (news went nationwide) which lead to the turning point of Mexican American civil right movement due to Lyndon Johnson becoming President he was able to pass the Civil right Act and Voting Right Act.

American Indians

Begun to reassert their sovereignty and rights to self-government. Strained relations with state and... Continue reading "Civil Rights and Education in the United States" »

Landmark Israeli Supreme Court Cases

Kol Ha'am vs. Minister of Interior (1953) - Freedom of Expression

Background: A Communist newspaper published a harsh, unverified article against Israel and the US. The Minister of Interior decided to shut down the newspaper for 15 days.

Results: Justice Agranat ruled in favor of the newspaper.

Meaning: The Minister must consider whether it is probable that the publication will endanger public peace (Probability Test) and that the danger is so grave as to justify the use of such drastic tools (Damage Test), i.e., "Likely to endanger public peace."

• A mere tendency to endanger public peace will not suffice to fulfill that requirement.

Danilovich vs. El Al (1994) - Right to Equality

Background: Jonathan Danilovich,... Continue reading "Landmark Israeli Supreme Court Cases: Rights & Equality" »

Making a living on the ball steady exchanging

Paid peanuts keep your eye on the ball release broke

Got sacked on your corner reassure affluent

Show you the hopes jump the gun brought up amount

Pulling your weight hitting below the belt mugger change

Profit get a head start con artist receipt

Pack keep track of pickpocket price tag

Deliver stunning shoplifter two for the price of one

Dare tell get caught the full price

Income apart let off at no extra cost

Take pride in flee proff cost of living

Take for granted can't help safeguard low cost

Take sides accomplishment fine out of this world

Take advantage of devote gets away with making a living

Negardless of guidance guilty on the ball

Like clockwork excel trial crime doesn't pay

Split reammate valuables money

Mastering Conditionals, Wishes, and Advanced Vocabulary

Conditional Sentences and Hypothetical Situations

Conditional Structures Review

1. If you don't enjoy your work, it's not much fun going into the office every day.
2. I would go on holiday if I had the free time. (Second Conditional)
3. If you had invited him to the party, he would have come. (Third Conditional)
4. I will make paella tonight if you promise to eat it! (First Conditional)

Using Modals in Conditionals

5. We could live without cars if we had plenty of public transport. (live)
6. What should we do to make our country a better place to live in? (do)
7. You would have to study harder if you wanted to pass the exam. (study)
8. If you ask someone for directions, they might know which road you should take. (know)

US Federalism and the Division of Powers

Federalism is a system where two or more governments share powers over the same geographical area. The U.S. Constitution grants specific powers to both the federal (U.S.) government and the state governments. This system is fundamentally opposed to a centralized system of governance.

Categories of Governmental Power

Powers are generally categorized into three types:

• Expressed (or Enumerated) Powers: Granted specifically to the U.S. Federal Government by the Constitution (e.g., coining money, declaring war, maintaining an army, regulating immigration, conducting foreign treaties).
• Reserved Powers: Powers reserved to the States by the Constitution (e.g., property taxation, issuing driver's licenses, ensuring

US v Haggar:

NY Penal Law 140: Burglary & Trespass Concepts

License and Privilege

Under New York Penal Law 140.00, a person “enters or remains unlawfully” on a property when they do so without license or privilege.

• A license or privilege to be on a premises can only be granted by the owner or the owner's agent (someone authorized to act on behalf of the owner).
• The prosecution must prove beyond a reasonable doubt that the defendant lacked the license or privilege to be there.
• Public areas like hallways, lobbies, and corridors are generally considered places with license and privilege unless there are signs, barriers, or other indicators restricting access (e.g., storerooms, offices, or signs like “Employees Only”).
• Any event that requires a ticket

Environment Protection Act (EPA) of 1986

India's original Constitution did not contain any provision for the protection of the natural environment. However, the Fundamental Duties, which were added by the 42nd Amendment to the Constitution, prescribed the protection of the environment, including forests, lakes, rivers, and wildlife, as a duty of the citizens of the country.

This amendment also added new Directive Principles of State Policy, one of which was Article 48A, which directed the State to protect and improve the environment and to safeguard forests and wildlife.

These developments were a result of the United Nations Conference on Human Environment, held in Stockholm in 1972. First, the Wildlife Protection Act 1972 was enacted. Then, the... Continue reading "Environment Protection Act 1986: Key Provisions & Aims" »