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

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act

The Ancient Monuments and Archaeological Sites and Remains (AMASR) Act is an important piece of legislation in India that aims to preserve and protect the country's rich heritage and cultural assets.

• The act was passed in 1958 and has since undergone several amendments to keep pace with changing times.

Overview of the AMASR Act

The AMASR Act defines an "ancient monument" as any structure or building, cave, sculpture, inscription, or monolith that is of historical, archaeological, or artistic interest.

• The act aims to protect such monuments and ensure their preservation for future generations.
• It applies to all monuments that are over 100 years old, whether they are in public or

Remedies for Breach of Contract

Rescission of the Contract

Suit for Damages

Contributory Negligence: The Partial Defence

• Statutory Basis: Section 1(1) of the Law Reform (Contributory Negligence) Act 1945.

A finding of contributory negligence cannot be established unless the defendant (D) is first proven to be negligent.

Defining Contributory Negligence

Contributory negligence occurs where the harm suffered is partly the fault of D and partly the fault of the claimant (C). Consequently, any award of damages to C may be reduced by reason of C's contributory negligence, though the reduction cannot be 100%.

Case Example: Jones v Livox Quarries [1952]

The claimant disregarded his employer's safety instructions by riding on the back of a haulage vehicle. Another employee negligently crashed into the back of the vehicle, causing... Continue reading "Contributory Negligence and Volenti Non Fit Injuria Defenses" »

Privacy Rights: Roe, Griswold, and Casey

Roe v. Wade Precedent: Griswold v. Connecticut

• Trimester Framework: Established in Roe v. Wade by Justice Blackmun (later modified).
• Griswold v. Connecticut (1965): Established a fundamental right to privacy derived from 'zones' in the Constitution (specifically citing Amendments 1, 3, 4, 5, 9, and 14).

Levels of Judicial Review

• Strict Scrutiny:
  • Requires a compelling government interest.
  • The law must be narrowly tailored to achieve that interest.
  • Burden of proof is on the government.
  • Statute is presumed unconstitutional.
  • Applied in cases involving fundamental rights (e.g., religion, race) or suspect classifications.
• Rational Basis Review:
  • Requires the government to show rational grounds for the law (legitimate government

Landmark Supreme Court Case Summaries

First Amendment and Privacy Rights Cases

• Planned Parenthood v. Casey: Established the Undue Burden Standard; states can require parental notification for minors (with judicial bypass).
• Bowers v. Hardwick: Upheld state laws criminalizing sodomy (later overturned by Lawrence v. Texas).
• Cruzan v. Mo. Department of Health: Recognized the right to refuse life-sustaining treatment (Right to Die).
• Griswold v. Connecticut: Established the fundamental right to privacy regarding marital contraception.
• Regents of Univ. of California v. Bakke: Addressed affirmative action; race can be a factor in admissions, but numerical quotas are unconstitutional.
• Engel v. Vitale: Mandatory school prayer violates the Establishment Clause.

The UK Court System

The County Court

Deals with civil matters such as:

• Claims for debt repayment
• Personal injury
• Breach of contract concerning goods or property
• Family issues
• Housing disputes (mortgage, council rent arrears, repossession)

Most County Court cases are between people and companies who believe that someone owes them money.

The Crown Court

Deals with more serious criminal cases (murder, rape, robbery) which are on appeal or referred from the Magistrate's Court.

• Deals with cases transferred from Magistrate's Courts
• Hears appeals against decisions of the Magistrate's Courts
• Deals with cases sent for sentence from Magistrate's Courts

Trials are heard by a judge and a 12-person jury.

There are 77 Crown Courts across England and Wales.

The Supreme Court

In... Continue reading "The UK Court System: A Comprehensive Guide" »

Same-Sex Marriage in Spain

Context

On June 30, 2005, the Spanish Parliament legalized same-sex marriage.

Mr. Astarloa, empowered by seventy-one Members of the People’s Party Parliamentary Group in Congress, appealed for the unconstitutionality of Law 13/2005, which amended the Civil Code regarding the right to marry.

Summary of the Appeal

The petitioners did not oppose same-sex marriage itself but challenged the legalization process. They alleged the violation of Articles 9.3, 10.2, 14, 32, 39.1, 39.2, 39.4, 53.1, and 167 of the Spanish Constitution (SC).

They argued that the challenged law contradicted Article 32, which they interpreted as defining marriage exclusively as a heterosexual institution.

Furthermore, they contended that Article 14 SC,... Continue reading "Spanish Same-Sex Marriage Legalization: Constitutional Court Ruling" »

Alternative Dispute Resolution (ADR) Techniques

a) Negotiation

In negotiation, each party presents their case and proposes their desired outcome. The goal is to reach a mutually agreeable solution. Parties manage their own issues, presenting their case and choosing what information to disclose or conceal during the negotiation process. Sometimes, direct communication between parties is difficult, which leads to other ADR methods.

b) Mediation

Mediation is used when parties are willing to reach an agreement but struggle to communicate directly. A neutral third-party mediator facilitates communication, helping the parties reach a resolution. The mediator does not make a ruling but guides the conversation. Mediation is considered successful when... Continue reading "Alternative Dispute Resolution (ADR) Techniques" »

• 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