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

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

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" »

OSHA

Government Agency for Workplace Safety

OSHA (Occupational Safety and Health Administration) is a government agency that sets and enforces worker safety standards. They conduct periodic inspections, act on reported safety violations, and may impose fines on employers for major violations.

Workers' Compensation (WC)

Insurance for Workplace Injuries and Illnesses

Workers' compensation (WC) is insurance provided by employers to protect employees who suffer work-related injuries or illnesses. Coverage varies by state but generally includes:

• Medical expenses from work-related injuries
• A percentage of lost wages
• Death benefits for survivors
• Lump-sum or long-term benefits for life-changing accidents

Death Benefit

A death benefit is compensation paid to the... Continue reading "Workers' Compensation, Unemployment Insurance, and Life Insurance: A Comprehensive Guide" »

China's Contradictory Stance on Human Rights

The current situation in China is well-known for its challenging legal position, which significantly affects its citizens and their human rights. While considered an advanced country in technology and environmental development, its society is unexpectedly bound by old and retrograde legislation.

A 2019 Human Rights World Report demonstrated China's issues with its political operations concerning human rights violations.

Key Human Rights Violations

Freedom of Expression and Censorship

One of the most fundamental human rights is the freedom of expression. In China, journalists, activists, lawyers, and academics have been persecuted for exercising their right to freedom of speech. This harassment is directed... Continue reading "China's Human Rights Crisis: Censorship & Unfair Trials" »