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

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

Comparison Between a SL and a SA

Basically, the main differences between these corporate forms are related to (a) equity required, (b) equity transferability, and (c) formalities.

1. Equity Required

• Sociedad Anónima: Minimum share capital is 60,000.00 Euros, and at least 25% shall be paid-up upon incorporation. The shares can be subscribed along a term set out by the incorporating-shareholders.
• Sociedad Limitada: Minimum capital, divided into participaciones, is 3,000.00 Euros, which must be fully subscribed and paid-up upon incorporation. Participaciones of an SL may have disproportionate voting and economic rights. It is admissible that one participación has a plurality of votes.

2. Equity Transferability

• Sociedad Anónima: The equity is essentially

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