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

Leases and licences: proprietary and personal rights

Leases give an individual a proprietary right in land which is binding on any third parties, while a licence gives a personal right that can be revoked at any time, as stated in Thomas v Sorrell. Licences are also not binding on third parties.

Furthermore, if one obtains a lease, they will have statutory protection under the Rent Act 1977 and the Housing Act 1996, which do not allow the leaseholder to be evicted simply and which provide rent control. As opposed to this, a licence does not provide any statutory protection to the occupier.

Court difficulties in distinguishing leases and licences

As such, most occupiers of properties would like to establish a lease instead of a licence, as a lease... Continue reading "Lease vs Licence: Rights, Statutory Protection and Case Law" »

Consumer Rights and Protection

The Right to be informed: - You have the benefit of receiving accurate information

- Consumer make wise decisions only if they have the information they need

The Right to choose

- Consumer have a variety of goods and services

- Business compete to sell the product and services to consumers

The right to Safety:

- You have the right to products that are safe to use

- Federal laws ensure that clothing, food, toys and other items

The right to be heard:

- Consumers who have complaints about products or services have a right to be heard

- Business rely on consumer satisfaction

To have problems corrected:

You can take a defective item back to the store with a receipt, some businesses replace it or issue a refund.

You can go to a... Continue reading "Consumer Rights and Protection: A Guide to Consumer Bills and Movement" »

Hypothec: Elements and Content

Elements of a Hypothec

• Subjective Elements: Hypothecor and Hypothecee

  Capacity: The constituent must be the owner of the immovable property and possess the right to dispose of it.

• Objective Elements

  The property must be free of any other charge and capable of guaranteeing any type of obligation.

• Formal Elements

  Requires a written agreement (specifying the obligation/sum of money covered), a notarial deed, and registration. Registration has a constitutive effect in Spain (SP), the UK, Germany (GER), and the Netherlands (Dutch).

Content of the Hypothec

The owner of the property (debtor) remains the possessor and can use (civiliter use), enjoy, dispose of, and even further burden the property. The hypothec itself can be modified.... Continue reading "Key Concepts in Comparative Property Law: Hypothec, RoT, and Servitudes" »

Understanding Crime: Key Definitions and Legal Terms

Crimes and Criminals

• To murder is to kill someone unlawfully and with premeditation.
• To mug is to attack and rob someone in a public place.
• To rob is to steal money or property from a person or a bank.
• To kidnap is to take somebody somewhere by force, often in order to get money for returning them (ransom).
• To steal is to take something that belongs to somebody else.
• To burgle is to get into a building and steal things.

People Involved in Crime

• A witness sees a crime.
• A culprit commits a crime.
• A victim suffers a crime.
• A suspect may be guilty of a crime.

Related Vocabulary

Paragraph A

• Groups of young people who spend time together and who are often involved in crime or drugs: gangs
• Someone whose job is

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

This landmark case saw the European Court of Justice establish that provisions of the Treaty Establishing the European Economic Community (EEC) were capable of creating legal rights enforceable by both natural and legal persons before the courts of the Community's member states. This principle is now known as direct effect. The case is widely acknowledged as one of the most important, and possibly the most famous, developments in European Union law.

Background of the Case

The case stemmed from the reclassification of a chemical by the Benelux countries into a customs category that entailed higher charges. Preliminary questions were asked by the Dutch Tariefcommissie... Continue reading "Van Gend en Loos: The Principle of Direct Effect in EU Law" »

D’Entreves' Three Points of View on the State

Which three points of view from which the state is approached are considered by D’Entreves? Are those points of view complementary? Why?

The State as Force (Monopoly of Power)

Firstly, the state equals force; it has the monopoly of force. There are, on the one hand, psychological forces affecting everyone everywhere. On the other hand, above all, there are new and unheard-of material forces, made available by the increasing perfection of scientific instruments, weapons, and means of defense and offense. To be sure, from this point of view, it is the executives, the bosses, the war lords, who are the state. It is they who make the decisions and give the commands. They hold the fate of all in their... Continue reading "Defining the State: D'Entreves' Views on Force, Law, and Cohesion" »

Hispanic Americans

Largest minority, Identify with the Democratic Party, Longoria Affair: Felix Longoria was a Mex-American soldier that died during the WW2, Mrs. Longoria asked Tom Kennedy if the burial home can be used for Felix but was denied due to segregation. Dr. Hector Garcia, a Vet from WW2 and founder of American G.I., reached out to Senator Lyndon Johnson to secure the funeral for Felix at the Arlington National Cemetery  (news went nationwide) which lead to the turning point of Mexican American civil right movement due to Lyndon Johnson becoming President he was able to pass the Civil right Act and Voting Right Act.

American Indians

Begun to reassert their sovereignty and rights to self-government. Strained relations with state and... Continue reading "Civil Rights and Education in the United States" »

Landmark Israeli Supreme Court Cases

Kol Ha'am vs. Minister of Interior (1953) - Freedom of Expression

Background: A Communist newspaper published a harsh, unverified article against Israel and the US. The Minister of Interior decided to shut down the newspaper for 15 days.

Results: Justice Agranat ruled in favor of the newspaper.

Meaning: The Minister must consider whether it is probable that the publication will endanger public peace (Probability Test) and that the danger is so grave as to justify the use of such drastic tools (Damage Test), i.e., "Likely to endanger public peace."

• A mere tendency to endanger public peace will not suffice to fulfill that requirement.

Danilovich vs. El Al (1994) - Right to Equality

Background: Jonathan Danilovich,... Continue reading "Landmark Israeli Supreme Court Cases: Rights & Equality" »

Making a living on the ball steady exchanging

Paid peanuts keep your eye on the ball release broke

Got sacked on your corner reassure affluent

Show you the hopes jump the gun brought up amount

Pulling your weight hitting below the belt mugger change

Profit get a head start con artist receipt

Pack keep track of pickpocket price tag

Deliver stunning shoplifter two for the price of one

Dare tell get caught the full price

Income apart let off at no extra cost

Take pride in flee proff cost of living

Take for granted can't help safeguard low cost

Take sides accomplishment fine out of this world

Take advantage of devote gets away with making a living

Negardless of guidance guilty on the ball

Like clockwork excel trial crime doesn't pay

Split reammate valuables money

Mastering Conditionals, Wishes, and Advanced Vocabulary

Conditional Sentences and Hypothetical Situations

Conditional Structures Review

1. If you don't enjoy your work, it's not much fun going into the office every day.
2. I would go on holiday if I had the free time. (Second Conditional)
3. If you had invited him to the party, he would have come. (Third Conditional)
4. I will make paella tonight if you promise to eat it! (First Conditional)

Using Modals in Conditionals

5. We could live without cars if we had plenty of public transport. (live)
6. What should we do to make our country a better place to live in? (do)
7. You would have to study harder if you wanted to pass the exam. (study)
8. If you ask someone for directions, they might know which road you should take. (know)