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

Foundational Documents and Early Governance

• Mayflower Compact (1620)

  An early agreement among Pilgrims for self-governance in Plymouth Colony.

• House of Burgesses (1619)

  The first legislative assembly in the American colonies, established in Virginia.

• Declaration of Independence (1776)

  The document by which the thirteen American colonies declared their independence from Great Britain.

• Articles of Confederation (1781)

  The first constitution of the United States, which established a weak federal government.

• Shays' Rebellion (1786–1787)

  An uprising that highlighted the significant weaknesses of the Articles of Confederation.

• Constitutional Convention (1787)

  A pivotal meeting held to draft a new United States Constitution.

• Great Compromise (1787)

  Established

Canadian Charter & Legal System Foundations

Definition: Part of Canada’s Constitution that guarantees fundamental rights and freedoms. Legislation that violates a Charter right can be invalidated unless it meets the Oakes Test.

Scenario: A small business is subject to a provincial regulation restricting certain advertisements. The business argues the restriction violates freedom of expression under the Charter. A court applies the Oakes Test to see if the limit is justifiable.

Understanding Legal Tribunals

Definition: Specialized boards or agencies (e.g., labour boards, human rights tribunals) created by statute to deal with specific issues more efficiently than courts.

Scenario: An employee alleges discrimination. Instead of suing in court,... Continue reading "Canadian Legal System & Contract Law Essentials" »

Types of Research Misconduct

• Fabrication (Illegitimate creation of data): Fabrication is the act of conjuring data or experiments with a belief of knowledge about what the conclusion of the analysis or experiments would be, but cannot wait for the results possibly due to timeline pressures from supervisor or customers.

• Falsification (Inappropriate alteration of data): Falsification is the misrepresentation or misinterpretation, or illegitimate alteration of data or experiments, even if partly, to support a desired hypothesis even when the actual data received from experiments suggest otherwise. Falsification and fabrication of data and results hamper engineering research and cause false empirical data to percolate in the literature, wreck trustworthiness

Blood Banks: Vital Role in Modern Medicine

Blood bank: A blood bank is a facility that collects, stores, and provides blood for transfusions. Blood banks play a crucial role in modern medicine, as they provide a vital resource for patients who require blood transfusions due to medical conditions, surgeries, and accidents. Blood banks collect blood donations from volunteer donors, which are then screened, processed, and stored for future use. The blood is typically separated into various components, including red blood cells, plasma, and platelets, which can be used to treat different medical conditions.

Requirements for Setting Up a Blood Bank

Requirement:

1. Space: The area required for setting up the facility is only 10 square metres, well lighted,

Key Terms of the US Presidency and Executive Branch

1. Veto: The President rejects a bill.
2. Bureaucracy: Executive departments and agencies that enforce laws.
3. Executive Order: Presidential policy enacted without Congress.
4. Iron Triangle: Bureaucracy, Congress, and interest groups working together.
5. Policy Agenda: A set of issues the government is focused on.
6. Independent Regulatory Agency: Regulates specific economic sectors.
7. Independent Executive Agency: Like a cabinet, but with a narrower focus.
8. Line-item Veto: The President blocks specific provisions of a bill.
9. Executive Agreement: The President's agreement with another nation.
10. Executive Privilege: The President's right to withhold information.
11. Honeymoon Period: High presidential popularity immediately after

In a partnership, two or more individuals or entities agree to carry on a business together with the goal of making a profit. Both partners have rights and duties that govern their relationship and the business operations. Here's an outline of the key rights and duties:

Key Rights of Business Partners

• Right to Participate in Management: Each partner has the right to take part in the management and decision-making of the partnership unless otherwise agreed.
• Right to Profits: Partners are entitled to share the profits of the business according to the terms of the partnership agreement (or equally if not specified).
• Right to Access Information: Partners have the right to access the partnership's books and records and inspect the business's financial

Exercise 1: Legal Terminology

1. Commits
2. To sue
3. Press
4. Offenses
5. Crimes
6. Felonies
7. Defendant
8. Imprisonment
9. Settlement
10. Ensure

Exercise 2: Legal Concepts

Land Law vs. Immigration Law

• Land Law: Regulates property ownership, use, and disputes over real estate or land. It deals with property and land use (derecho de propiedad).
• Immigration Law: Regulates the entry, stay, and removal of individuals in a country.

Barrister vs. Solicitor

• Barrister: A lawyer who specializes in court advocacy and litigation.
• Solicitor: Provides legal advice, prepares documents, and represents clients outside the courtroom.

Defendant vs. Prosecutor

• Defendant: The person accused of a crime in a court case.
• Prosecutor: A legal representative who brings charges against the defendant on behalf of the

What is a Profession?

Definitions and Traits

What is the difference between a profession and an ordinary job? Here are some key definitions and traits:

• Dictionary Definition: According to Littrich & Murray, citing the Oxford English Dictionary, a profession is “a vocation or calling, especially one that involves some branch of advanced science or learning.”
• Common Traits (Millerson in Littrich & Murray):
  • Skill based on a body of theoretical knowledge.
  • Provision of training and education.
  • Testing competence prior to entrance.
  • Organisation.
  • A code of ethics.
  • An ethos of altruistic service.
  • Selflessness.
• Dal Pont’s Common Attributes of a Profession:
  • Special skill and learning.
  • Public service.
  • Differentiates from other professions.
  • Self-regulation

Manner and Form Requirements

Trethawon - The Privy Council upheld the manner and form of restriction on the Australian legislature. Even though it can be distinguished on the basis that, at the time, Australia had a colonial legislature as compared to New Zealand's sovereign Parliament.

Westco (HC) - Manner and form requirements can be applied (Obiter). At [93], McGechan J said, “While the point does not arise directly in this case, which is not a “manner and form” case but is a “content” case, I see no reason why the Court could not intervene in cases of non-compliance with the mandatory manner and form requirements as to passage of legislation at some suitable point before enactment.” If the content of the legislation offends, the... Continue reading "New Zealand Constitutional Law: Manner, Form, and Conventions" »

Understanding Law

Law is a system of rules and guidelines created and enforced by social or governmental institutions to regulate behavior. It plays a crucial role in maintaining order, protecting individual rights, and resolving disputes within society. Laws can vary widely between different countries and cultures, but they generally serve similar purposes, such as promoting justice and ensuring that individuals can coexist peacefully.

Types of Law

• Criminal Law: Governs crimes and punishments, defining offenses against the state or public.
• Civil Law: Deals with disputes between individuals or organizations, often involving compensation or restitution.
• Administrative Law: Regulates the activities of governmental agencies and ensures they follow