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

US Federalism and the Division of Powers

Federalism is a system where two or more governments share powers over the same geographical area. The U.S. Constitution grants specific powers to both the federal (U.S.) government and the state governments. This system is fundamentally opposed to a centralized system of governance.

Categories of Governmental Power

Powers are generally categorized into three types:

• Expressed (or Enumerated) Powers: Granted specifically to the U.S. Federal Government by the Constitution (e.g., coining money, declaring war, maintaining an army, regulating immigration, conducting foreign treaties).
• Reserved Powers: Powers reserved to the States by the Constitution (e.g., property taxation, issuing driver's licenses, ensuring

US v Haggar:

NY Penal Law 140: Burglary & Trespass Concepts

License and Privilege

Under New York Penal Law 140.00, a person “enters or remains unlawfully” on a property when they do so without license or privilege.

• A license or privilege to be on a premises can only be granted by the owner or the owner's agent (someone authorized to act on behalf of the owner).
• The prosecution must prove beyond a reasonable doubt that the defendant lacked the license or privilege to be there.
• Public areas like hallways, lobbies, and corridors are generally considered places with license and privilege unless there are signs, barriers, or other indicators restricting access (e.g., storerooms, offices, or signs like “Employees Only”).
• Any event that requires a ticket

Environment Protection Act (EPA) of 1986

India's original Constitution did not contain any provision for the protection of the natural environment. However, the Fundamental Duties, which were added by the 42nd Amendment to the Constitution, prescribed the protection of the environment, including forests, lakes, rivers, and wildlife, as a duty of the citizens of the country.

This amendment also added new Directive Principles of State Policy, one of which was Article 48A, which directed the State to protect and improve the environment and to safeguard forests and wildlife.

These developments were a result of the United Nations Conference on Human Environment, held in Stockholm in 1972. First, the Wildlife Protection Act 1972 was enacted. Then, the... Continue reading "Environment Protection Act 1986: Key Provisions & Aims" »

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The Spanish Constitution

The Spanish Constitution represents the highest law in Spain, situated at the top of the legal system pyramid. It comprises the rules governing the basic institutions of the country, the territorial division (Autonomous Communities, State, and Local entities), and the rights and liberties of the people.

To create a new law or approve international treaties, changes to the Constitution are necessary.

Hierarchy of Spanish Law

Constitution - International Treaties - Organic Acts - General Acts - Decrees issued by the Government.

The two main types of law are Organic Acts and General Acts.

The Three Branches of Power

There are three branches of power: Legislative, Judicial, and Executive.

Organic Law

Organic Laws relate to the development... Continue reading "Understanding the Spanish Legal System: Constitution & Laws" »

Cases II — Israeli Rights Cases (1995–2003)

Alice Miller v. Defense (1995) — Right to Equality

Background

Alice Miller wanted to be a pilot in the IDF, but the IDF had never before allowed a woman to take an active part in combat.

Results

The Court forced the IDF to accept women in combat roles. Justice Kedmi opposed the decision.

Meaning

Later ramifications affected gender equality in the IDF.

• Budgetary considerations cannot take precedence when the issue is the realization of a fundamental right such as equality.

Public Committee Against Torture in Israel v. State of Israel (1999) — Human Rights in Emergency

Background

The General Security Service (GSS) used methods that included subjecting suspects to moderate physical pressure. The purpose... Continue reading "Israeli Supreme Court Cases: Equality, Security, Expression" »

Enhance your vocabulary with these 80 essential words, complete with clear and concise definitions.

The Middle Ages and Commercial Ethics

During the Middle Ages, the Christian church attempted to enforce moral commands adverse to commercial transactions. The taking of interest for loans of money was considered income without true work, deemed sinful and prohibited. There was also an attempt to generalize the idea of a just price. Although both rules, especially the former, influenced the law and the economy for centuries, neither finally prevailed in the secular world.

The Law Merchant (Lex Mercatoria)

Another feature of the medieval period was the development of a separate commercial law—the law merchant.

Origins and Customary Law

Like the jus gentium of early Roman days, the law merchant differed from existing ordinary rules that varied by... Continue reading "Evolution of Commercial Law: From Medieval Origins to Nations" »

Contracts

A contract is a legally binding promise (written or oral) by one party to fulfill an obligation to another party in return for consideration.

Elements of a Contract

• Offer and Acceptance
• Consideration
• Intention to be legally bound
• Legal capacity
• Formalities

Societies

Civil Society

• Contract between two or more persons
• Obligation to contribute money or goods
• Profits shared among members
• No minimum capital
• Losses and profits distributed
• Minimum of two partners

Anonymous Society

• Dedicated to the exploitation of an economic activity
• Capital divided into shares
• Minimum capital of 60k
• Own legal personality
• Losses in proportion to contribution
• Quarterly VAT

Limited Liability Company

• Capital divided into equal parts, not shares
• Minimum capital of 3.5k
• Partners exempt