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

• Westminster Model: parliamentary sovereignty and supremacy of UK. Makes parliament the supreme legal authority, which can create or end any law
  • Fusion of powers: executive/legislative branches together; PM is head
• Backbenchers: rank and file MP’s of the majority party not part of the gov. or the opposition; sit in rows of benches behind their party’s spokesperson
• Shadow Cabinet: opposition; sits across the majority party; designated replacement
• Margaret Thatcher (1979-1990): conservative, moving away from corporatist interest groups and from welfare, wanted privatization/Thatcherism/Neoliberalism
  • Bully authoritarianism/austerity; no to labor unions, created social divides
  • Took Keynesianism to monetarism (many permanent changes)
• Whips: MP of the

Vocabulary Definitions

• Ability: n. a skill that enables beings to perform tasks. (syn. skill)
• Abuse: n. the act of exceeding use or consumption. (syn. misuse)
• Argument: n. a viewpoint supported by real evidence.
• Behavior: n. a conduct that characterizes living beings and organisms. (syn. conduct)
• Bullying: n. the act of hurting or frightening someone smaller or less powerful.
• Conflict: n. a disagreement, difference or quarrel among people. (ant. harmony)
• Debate: n. a formal discussion of an issue in a given context.
• Feeling: n. an emotion towards a person or thing. (syn. emotion)
• Incident: n. a given event, happening or situation.
• Judgment: n. a decision derived from a particular issue. (syn. conclusion)
• Lonely: adj. characterized by being alone, without

The Spanish Constitution: Supreme Law of Spain

The Spanish Constitution stands as the supreme law of the Spanish legal system, to which both authorities and citizens of Spain are subject.

Purpose and Core Principles

The development of a constitutional text primarily aims to define the functions of state powers and establish citizen guarantees. With the creation of the Spanish Constitution, Spain transitioned to a social and democratic state of law, advocating values such as freedom, justice, and equality. Furthermore, the Constitution entrenches the principle of national sovereignty, which resides in the people, and establishes a parliamentary monarchy as the form of government. The King serves as Head of State, and the division of powers, a fundamental... Continue reading "Spain's Supreme Law: The 1978 Constitution and Its Reform" »

Trademark Infringement Under the Trade Marks Ordinance 2001

The Trade Marks Ordinance 2001 outlines the legal framework for protecting intellectual property rights in Pakistan, specifically addressing trademark violations.

Infringement of Trade Marks

Sections 39 and 40 of the Ordinance define trademark infringement. Section 39 establishes a registered trademark as the proprietor's personal property. Any unauthorized use of the mark for trade in a manner similar to the registered goods or services constitutes infringement under Section 40. Displaying "registered goods" on packaging serves as a notice of prohibition (Section 41).

Action for Infringement

Section 46 grants the trademark proprietor the right to pursue legal action against infringement.... Continue reading "Trademark Infringement and Penalties Under Pakistani Law" »

Essential Phrasal Verbs

• Set off - Start a journey
• Hand over - Give something to someone officially
• Share out - Divide something between people
• Move out - Leave your home permanently for a new home
• Set up - Establish/start something
• Spring up - Appear or develop quickly
• Come up against - Be faced with or opposed by something
• Put up - Build or erect something

Crime and Legal Vocabulary

General Terms

• Curfew - Time when someone is not allowed to leave their home.
• Witnesses - People who saw something happen and can give evidence.
• Disorderly conduct - Violent or noisy behavior in public.

Court and Legal Proceedings

• Juries - Group of people who listen to court cases and decide on a punishment.
• Judge - A person in court who has the authority to decide a punishment.

Smith v. VanGorkom

-Business Judgement Rule

-Unocal/ Enhanced BJR

No Shop Clause

•Van Gorkom outlined the terms of the Pritzker offer as follows:

• Pritzker would pay $55 in cash for all outstanding shares of Trans Union stock upon completion of which Trans Union would be merged into New T Co., a Pritzker subsidiary formed to implement the merger

•for a period of 90 days, Trans Union could receive, but could not actively solicit, competing offers; (868)

Outside Valuations

The establishment of One-Man Company.  It is a limited liability company owned by one person (juridical or normal) and his contractual liability is limited to the capital announced in the memorandum of Association. All suitable provisions of LLC shall be applied to One man company. The responsibility of the Companies for the works of its authorized representatives while they are managing the company as     well as the action of any of its employees and agents if he/she is authorized from the company and the third party dealt with him on this basis

Michael Doherty, in his work on judicial discretion, highlights three key frameworks for evaluating the admissibility of evidence: reliability, bad faith, and the protective principle. These frameworks provide a lens through which courts can assess the legality and fairness of police conduct in obtaining evidence.

Reliability Principle

The reliability principle centers on the methods used by law enforcement to obtain evidence. Doherty argues that if the method employed could potentially compromise the reliability of the evidence, then that evidence should be excluded. This principle aligns with the views of Ormerod & Birch, who suggest that courts are more inclined to exclude evidence when its reliability is called into question.

A prime example... Continue reading "Judicial Discretion in Evidence Admissibility: A Critical Analysis of Reliability, Bad Faith, and the Protective Principle" »

Legal Terminology and Concepts

Jurisdiction

1. D. Jurisdiction. 2. The ability of... A. In rem jurisdiction. 3. D. Plea. 4. D. Voir dire. 5. A. Preponderance. 6. B. Full Faith & credit clause 7. B. Morals. 8. C. mini trial 9. C.the court does not have jurisdiction because Dwayne did not travel to Ohio 10. D. invalid as being overly burdensome on the industry. 11. A. valid because ochonada had a history of saying similar phrases 12. D. none of the choices 13. A. Rendered invalid under the supremacy clause 14. A an unconstitutional restriction of speech 15. Tony... C. In rem jurisdiction 16. B. Rules 17. A. unilateral contract 18. C. rejected the offer and made a counteroffer 19. A. They have a binding contract for $100,000 20. B. enforceable... Continue reading "Legal Terminology and Concepts for Jurisdiction and Contracts" »

League of Nations: Failure & Legacy

The League of Nations was an international organization established after World War I, aiming to prevent future global conflicts. Similar in ambition to the later United Nations, it ultimately failed to prevent World War II due to its decentralized structure, the neutral stance of many members, and a general reluctance among nations to engage in another war. While its direct impact was limited, it represents an important historical precedent for international cooperation.

International Criminal Court: Role & History

The International Criminal Court (ICC) handles international threats and disputes, serving as a crucial deterrent for international crimes. Historically, many international crimes went unpunished,... Continue reading "International Law & Global Governance: Core Concepts" »