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

Businesspeople and commercial law are two elements that cannot go separately. When doing business, commercial law is always present and has to be taken into account in order to fulfill the law and have legal effects. But now, how is commercial law developed in business? What is the impact on it? Is it positive? Or negative? All those questions will answer an important matter regarding business and law, two keys that have a huge impact in nowadays society and life.

Defining Commercial Law

First of all, it is needed to define what commercial law is in order to understand which are the matters and issues that are affected. It is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising,... Continue reading "The Impact of Commercial Law on Business and Society" »

Probation Officer

Investigation and Supervision

Jeremy Bentham

The Panopticon (New Type of Prison Layout)

Anomie/Strain Theory

Excessive Materialism as a Limited Means to Success

Quakers

Hard labor. 13th Amendment -> Section 1 allows prison slavery.

Prisoner vs. prisoner violence: rate of 28 per 1000

50 state systems (92% of all facilities) + federal, private (8%)

Main goal of corrections: to protect the public

(United States) Prison population: 25%

60% on probation in the US system

Intensive supervision, $70 billion, official immunity, absconding --> reasons for probation revocation

School of Thought: Cause and Effect

Positivists, labeling theory --> Stigmatization

Michael Walker

Prison in California, stayed 165 days (6 months), contemporary pain... Continue reading "The American Prison System: History, Theories, and Challenges" »

Understanding Administrative Procedures

An administrative procedure is a group of steps taken in order to reach a final decision or resolution within the administration.

Parties and Rights in the Process

There are two main parties involved in this process:

• The Administration: This entity serves two functions, acting as both a judge and a party.
• The Citizen: This may refer to an individual or a collective of citizens.

The citizen has the right to be heard, either orally or in writing. In all countries, it is mandatory to exhaust the administrative procedure before challenging a matter in court.

Judicial Procedure

Within the judicial procedure, there is a specific order within the courts that must be followed for an appeal, starting with the appeal court.... Continue reading "Administrative Adjudication and Judicial Review Processes" »

European Union Law: Core Principles

The foundation of EU law rests on three essential principles:

1. The EU is a supranational organization.
2. All EU regulations are directly applicable.
3. The European Court of Justice (ECJ) decides which other parts of EU law (e.g., Treaty articles) are directly effective.

Private International Law (PIL)

International Private Law deals with three main issues when litigation occurs between two parties coming from different states:

1. Jurisdiction: Determining which court has jurisdiction (including the possibilities of executing the verdict given by that court in the countries of the litigating parties).
2. Applicable Law: Determining whose law applies (country) in case of international litigation between two private parties.
3. Conflict

Official Protocol: Set of Norms

Social: Agreements that with time become universally used and accepted.

Business: Set of Conduct Agreements

Etiquette: Set of norms that have been created to facilitate our coexistence.

• Internal: Communication codes between employees
• External: Communication and behavior with third parties

Behavior of an Executive

• Set the rules
• Value their team
• Guide an organization internal conduct and its relationships with its customers, partners, and shareholders.

Introduction Rules: 12 Golden Rules

1. Respect hierarchy
2. Loyalty
3. Time management
4. Become part of the team with an open, flexible, collaborative attitude
5. Know how to follow leadership directions

Business Travel

• Unexpected: Crisis, emergency, require fast thinking and action
• Scheduled:

SA8000 Certification: Social Accountability in the Workplace

The SA8000 Social Accountability certification standard focuses on workplace values. The standard is based on international workplace norms of International Labour Organization (ILO) conventions, the Universal Declaration of Human Rights, and the UN Convention on the Rights of the Child.

Key Elements of SA8000

A brief summary of some of the SA8000 elements follows:

• Child labor
• Forced labor
• Health and safety
• Freedom of association and right to collective bargaining
• Discrimination
• Discipline
• Working hours
• Compensation
• Management systems

The Ten Principles of the UN Global Compact

The UN Global Compact outlines ten principles related to human rights, labor standards, the environment, and anti-corruption:... Continue reading "SA8000 Certification: Workplace Values and Social Accountability" »

Which Region is an Exception to German Civil Law?

The German civil-law tradition prevails in many countries but does not dominate in Scandinavia.

What is Governmental Dispossession Called?

The governmental action to dispossess a foreign owner of property is known as expropriation.

Why Did the U.S. Justice Dept. Object to a Patent License?

The antitrust unit at the U.S. Justice Department objected to the exclusive nature of the license agreement.

What is Unauthorized Reproduction of Copyrighted Work?

The unauthorized publication or reproduction of a copyrighted work is referred to as piracy.

Which U.S. State Has Not Fully Adopted the UCC?

The Uniform Commercial Code (UCC) has been fully adopted by all U.S. states except Louisiana.

What Explains the Litigious

Basque Statute (1936): Text Commentary and Analysis

Introduction

This legal text, the Basque Statute, was officially released on October 1st, 1936. It represents a landmark document intended for the citizens of Spain, particularly the Basque people. While drafted by representatives of the Basque citizens, primarily the Basque Nationalist Party (PNV), it required approval from the central Spanish government. This text signifies the ratification of the statute by the Spanish courts.

Political Context

The Popular Front, victorious in the February elections, held power at the time. Negotiations for this statute had been ongoing for a considerable period, with two prior versions preceding it.

Previous Versions

• The first version, drafted before the 1931

Administrative Hearings and Antitrust Laws

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action. True

A person who is harmed by a conspiracy that violates the Sherman Antitrust Act may sue the wrongdoers for treble damages, which is four times the actual damages. False

An agreement to charge an agreed-upon price or to set maximum or minimum prices between or among competitors is called price fixing but it is not per se a violation of the Sherman Act. False

Boycotts are always illegal, even when done with good intentions. True

Nobel economist Milton Friedman believes... Continue reading "Understanding Administrative Hearings and Antitrust Laws" »

Definition of Law

• A body of rules of action or conduct prescribed by the controlling authority and having legal binding force (Black Law Dictionary).
• Rules enacted by a government authority that govern individuals and relationships in society.

Purposes of Law

1. Keeping Order
2. Influencing Conduct
3. Honoring Expectations
4. Promoting Equality
5. Law as the Great Compromiser

Sources of Law in the United States

Constitutions

• The fundamental law of the land.
• Includes state law as well.

Legislatures and Statutes

• Example: The Clean Water Act.
• Federal (U.S. Congress).
• State Legislatures.
• Local Government (City/County).

Administrative Agencies and Regulations

1. Congress creates a statute.
2. The statute names an administrative agency.
3. The agency makes regulations.
4. These regulations significantly