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

Introduction

The most essential functions of a state are primarily two: waging war and administering justice. The administration of justice is classified into two parts: civil justice and criminal justice. The purpose of criminal justice is to punish the wrongdoer, who is punished by the state. On the question of whether the purpose of punishment is the desire to make men better or to protect society, certain theories have been given below.

Theories of Punishment

1. Deterrent Theory
2. Retributive Theory
3. Preventive Theory
4. Reformative Theory
5. Expiatory Theory

1. Deterrent Theory

"Deter" means to abstain from doing an act. The main objective of this theory is to deter (prevent) crimes. It serves as a warning to the offender not to repeat the crime in the future... Continue reading "Theories of Criminal Justice: A Comprehensive Overview" »

Doctrine of Indoor Management

The doctrine of indoor management allows outsiders who are dealing with company to assume that as far as the internal proceedings of company are concerned, everything has been properly done. This limitation to doctrine of constructive notice is known as doctrine of indoor management or Turquand rule.

*Royal British Bank vs Turquand 1856

Exceptions:

• Knowledge of irregularity
• Negligence
• Forgery

Prospectus

Is a document issued by the public company in order to invite the public to make offers for shares and debentures of the company. Any document described or issued as a prospectus or any notice, circular, ad, or other document inviting offers from public for subscription or purchase of any securities of a body corporate... Continue reading "Doctrine of Indoor Management and Prospectus Rules" »

Lecture 3: The Individual Businessperson

People: natural person who carries out a business activity in their own name and account. - Finances activity with personal funds or borrowing. - Capacity: must be of age and free to dispose of assets. - Particular Presumption: if a minor or incapacitated, representation is needed. Management: - Simple start-up process: no legal process required. - Investment: capital limits set by the entrepreneur. - Total control: bears all costs, management duties, investments. Disadvantages for individual businesses: 1. Taxing: pay more if profits are higher. 2. Liability for Debts: debtor is liable with all present and future assets. 3. Assets Subject to liability of the businessperson. 4. Economic Marriage Settlement:... Continue reading "Types of Business Entities and Legal Obligations" »

Theory Exercises Terms

1. What is the definition for the F Terms?

The terms 'F' require the seller to deliver the goods for carriage in accordance with the instructions of the buyer.

2. What is the meaning of customs clearance?

Customs clearance involves the preparation and submission of documentation required to facilitate exports or imports into the country, representing the client during customs examination, assessment, payment of duty, and taking delivery of cargo from customs after clearance along with documents.

3. A company settled in Spain is about to send its goods to Germany by plane. Explain how many different colors they can get when doing the customs clearance and what the meaning of each of them is.

• Green Channel: means that everything

State Based on the Rule of Law (Estado de Derecho)

The Constitution

1-Kind of Biz

The first thing which man is extending to enter into a biz has to consider is the kind of the business he should take up. There are so many classes & subclasses of Biz. And to pick up the best and most profitable line out them requires considerable knowledge experience for sight.

2. Forms of Biz Org :

Once the actual biz is to launched upon is decided the next logical question coming up for consideration is the form of biz establishment is to take up other words it has to be settles whether is to be one man's biz or partnership or JSC.

3. Estimation of profitability of biz:

Next is to estimate the profitability of the biz which the product and service are going to be sold.

4.Size of biz:

There are 3 type of biz via manufacturing,... Continue reading "Essential Considerations for Starting a Business" »

Judicial Activism

“Judicial activism” refers to actions by courts to nullify or refashion government laws and policies.

Legislative Supremacy

Established by the Constitution Act of 1867, legislative supremacy grants Parliament the authority to enact laws on any topic within federal jurisdiction.

Pith and Substance

A legal doctrine used to determine which level of government has authority over a particular matter. It focuses on the essential character of the law.

Residual Power

Power held by a governmental authority after specified powers have been delegated to other authorities.

Intra Vires

Within the government's jurisdiction. Indicates that an agency has authority over a matter and can take specific actions.

Ultra Vires

Beyond the government's jurisdiction.... Continue reading "Canadian Constitutional Law: Key Concepts and Principles" »

Chapter 1 Review: Understanding Risk

Key Risk Management Terms

Types of Risk

• Systemic Financial Risk: Risk that affects the entire economy or system, not just individuals.
• Risk: Uncertainty about a future outcome, particularly a negative one.
• Pure Risk: Risk with the possibility of loss but no chance of gain.
• Speculative Risk: Risk with the possibility of both gain and loss.
• Fundamental Risk: Risks that are pervasive to the whole economy, also known as "systemic" risk.
• Diversifiable Risks: Risks that can be mitigated by having a broad mix of risk exposures.

Risk Attitudes

• Risk Averse (Avoider): Prefers to avoid risks and seeks security.
• Risk Seeker (Taker): Enjoys taking risks.
• Risk Neutral: Preference lies between risk averse and risk seeker.

Risk Management

BBRG's Mission Statement

"We strive to be the best Italian restaurant company in America, and we want our people to know they work with the best. We will develop loyal, lifelong guests by delivering the highest quality food and service to each guest at each meal, each and every day."

Service Commitment

At BBRG, we provide flawless service of our world-class product. We seek to employ team members who share in that hospitality commitment and possess a desire to serve. If we should miss the mark, recovery is a must, as exceptional service breeds exceptional loyalty from our highly satisfied guests.

Menu Highlight

Grilled Mahi - Lightly breaded mahi on a bed of farro, spinach, tomato, and basil vinaigrette.

Essential Steps for Buying a Used Car

Follow... Continue reading "BBRG: Italian Dining Excellence & Used Car Buying Tips" »