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

Challenges of International Matrimony

Legal Sources of Mercantile Law

• Law: Code of Commerce and special legislation.
• Mercantile Customs: Binding business practice generally observed in each city.
• Common Law: Civil law has application on a subsidiary basis.

The Reform of Current Commercial Law

Spanish commercial law has changed almost completely in the last 20 years: corporations, partnerships, competition, and insolvency all have new rules outside the Code of Commerce. These rules are so-called special legislation. A reform would mean that special legislation will be incorporated into the new Commercial Code.

Constitutional Distribution of Power

The Spanish Constitution drew a political and socioeconomic picture described as a "state of autonomies" to recognize a certain extent of autonomy... Continue reading "Spanish Mercantile Law: Sources and Constitutional Framework" »

Jurisprudence and Sources of Law in the Legal System

Court decisions are not typically considered direct sources of law. Pursuant to legal theory, court decisions largely lack the defining features of law: general character and abstraction, insofar as they intend to settle a dispute by providing a specific solution according to concrete circumstances.

Accordingly, jurisprudence is not included among the listed sources of the Spanish legal system. Notwithstanding this revealing absence, Article 1.6 of the Civil Code (CC) entrusts the role of completing the legal system to the repeated opinions of the Supreme Court when interpreting and applying the sources of law. Thus, jurisprudence plays a valuable role for the legal system, despite not being... Continue reading "Legal Sources, EU Law Classification, and International Law Change" »

Obligations of the Buyer and Seller in Business Acquisitions

Delivery of the Business

The object of the contract must be an "operable enterprise or one capable of functioning." This requires:

• Asset Enumeration: The contract must explicitly list all different components and assets.
• Operational Guidance: The seller must advise the buyer on how the enterprise functions, including client management, patent proceedings, and know-how.
• Special Liability of the Seller: The seller must refrain from competing with the buyer to protect the transfer of the client base.

Transfer of Overall Obligations

• Contracts: Transfer requires the consent of the buyer, the seller, and the third party involved. Special rules apply to labor relationships.
• Credits: Per Article

Federal Constitutions: Stability, Rights, Economy & Courts

Effects of Federal Constitutions

1. Social Stability and Federalism

Federalism can impact stability in divided societies.

Pros (PS):

• May support stability: federalism gives different groups (ethnic or regional) some power and a stake in the system.
• May serve as a kind of safety valve that releases pressure by accommodating diverse demands at the subnational level.

Cons (DS):

• May compromise stability: federalism can empower separatist or secessionist groups.
• Note: Independence movements are not all bad, but this may result in conflict, whether groups are right or wrong.

2. Protecting Democratic Rights

Federalism shapes democratic rights in important ways.

Pros (PS):

• Allows different regions of

US Constitutional Protections in Criminal Law

Amendment IV: Unreasonable Searches and Seizures

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

• Exclusionary Rule: Evidence seized illegally may not be used to obtain a conviction.
• Key Case: Mapp v. Ohio (1961).

Amendment V (Part 1): Grand Jury and Double Jeopardy

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising... Continue reading "US Constitutional Rights: Search, Trial, and Self-Incrimination" »

International Trade Payment Methods & Terms

Understanding Open Account Transactions

An open account transaction in international trade is a sale where goods are shipped and delivered before payment is due, typically within 30 to 90 days. This payment term can significantly help exporters win customers in competitive markets.

Benefits and Risk Mitigation

While offering open account terms can attract buyers, it's crucial to use them in conjunction with appropriate trade finance techniques. These techniques help mitigate the risk of non-payment, ensuring smoother international transactions.

Bills of Exchange in Global Commerce

A bill of exchange is a binding agreement where one party commits to pay a fixed amount of cash to another party by a predetermined... Continue reading "International Trade Payment Methods: Open Account, Bills of Exchange & More" »

#THE INDUSTRIAL DISPUTES ACT This act has been enacted by the central legislature with the object of setting the disputes Between the workmen and management amicably&peacfully. Workmen of dimakuchi tea Estate v dimakuchi tea estate1958 OBJECTIVES 1.promotion of measures for securing and Preventing amity and good relation between the employers and workmen.2.an investigation and Settlement of industrial disputes3.prevention of illegal strikes and lock out 4.Releif to workmen in The matter of lay off and retrenchment 5.To promote collective bargaining 

Case Study: Hindustan Lever Ltd. vs. Godrej Soaps Ltd. (Patents Act 1970)

Overview

Hindustan Lever Ltd. (Plaintiff): A leading manufacturer of soaps, detergents, and chemicals, holding significant market goodwill and reputation.

Godrej Soaps Ltd. (Respondent): A competitor in the soap and detergent market.

Plaintiff's Claim: Godrej Soaps Ltd. infringed on Hindustan Lever Ltd.'s patent by illegally copying patented information.

Allegation: The respondent's product misleads consumers into believing it's an improved version of the plaintiff's product.

Introduction to Patents

A patent grants exclusive rights to an invention (product or process) for 20 years. It prevents commercial use, distribution, or sale without the owner's consent.

• Owners can license

SEPTEMBER- LABOR DAY KICK OFF PRES CAMP,NOVEMBER-> GENERAL ELECTION, JANUARY 3 NEW CONGRESS OPENS SESSION,PRESIDENT IS ELECTED,JANUARY 20- PRESIDENT TAKES OFFICE LAME DUCK. Bill Process1. Introduction - Bills need to have a sponsor in order for it to be processed, where do you put it in the house ? - the hopper, they take it out of the hopper and a number is assigned, ex HR 204. In the senate, you can hand it in to the senate clerk. Less formal in the senate than in the house because there is less people. It is more formal to place it on the house rather than in the senate- ex. Senate S 204. Bills can be introduced in the senate in either house, except revenue bills which they need to start in the house2.Subcommittee - 68 senate, 92 house,... Continue reading "Law 19983 on" »