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

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Understanding Partnership Rights and Responsibilities

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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
... Continue reading "Understanding Partnership Rights and Responsibilities" »

Key Legal Terms and Concepts: Definitions and Examples

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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
... Continue reading "Key Legal Terms and Concepts: Definitions and Examples" »

New Zealand Constitutional Law: Manner, Form, and Conventions

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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" »

Law and Rights: Foundations of Societal Order and Freedom

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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
... Continue reading "Law and Rights: Foundations of Societal Order and Freedom" »

Key Legal Frameworks in India: Commercial and Digital Laws

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Contract of Agency: Fundamentals and Formation

Defining Agency and the Agent's Role

A contract of agency establishes a legal relationship where one person (the principal) authorizes another (the agent) to perform work or transact on their behalf with third parties. In this arrangement, the agent’s role is not merely to conduct errands but to represent the principal by binding them through acts performed within the granted authority. As defined under many legal frameworks—including the Indian Contract Act, 1872 (see, for example, Section 182)—an agent is “a person employed to do any act for another or to represent another in dealings with third persons.”

Essence of Agency Relationships

The value of an agency relationship lies in its capacity... Continue reading "Key Legal Frameworks in India: Commercial and Digital Laws" »

Proprioception and Rehabilitation in Sports Medicine: A Systematic Review

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PUB

("Proprioception"[Mesh] OR "Postural Balance"[Mesh] OR "Sensory Receptor Cells"[Mesh] OR ("proprioception"[Title/Abstract]) OR ("postural balance"[Title/Abstract]) OR ("sensory receptor cells"[Title/Abstract])) AND ("Rehabilitation"[Mesh] OR "Physical Therapy Modalities"[Mesh] OR "Exercise"[Mesh] OR ("rehabilitation"[Title/Abstract]) OR ("physical therapy modalities"[Title/Abstract]) OR ("exercise"[Title/Abstract])) AND ("Sports"[Mesh] OR "Soccer"[Mesh] OR "Tennis"[Mesh] OR ("sports"[Title/Abstract]) OR ("soccer"[Title/Abstract]) OR ("tennis"[Title/Abstract])) Filters: Clinical Trial, Meta-Analysis, Randomized Controlled Trial, from 2020 - 2024

EBS

(DE "PROPRIOCEPTORS" OR DE "PROPRIOCEPTION") OR (DE "MUSCULAR sense") OR AB (PROPRIOCEPTION... Continue reading "Proprioception and Rehabilitation in Sports Medicine: A Systematic Review" »

Indian Electoral Laws: Candidate Eligibility, Nominations, and Anti-Defection

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Qualification and Disqualification of Candidates

This document outlines the qualifications and disqualifications for becoming a member of Parliament and State Legislatures, drawing from the Constitution of India (Articles 84, 101, 102, 103, 104 for Parliament, and 173, 190, 191, 192 for State Legislatures) and Sections 3 to 11A of the Representation of the People (R.P.) Act, 1951.

Constitutional Disqualifications for Legislators

  • Holding any office of profit under the Government of India or the government of any state.
  • Being of unsound mind as declared by a competent court.
  • Being an undischarged insolvent.
  • Not being a citizen of India.
  • Disqualification by or under any law made by Parliament (including the 10th Schedule).

Relevant Sections of the R.P.

... Continue reading "Indian Electoral Laws: Candidate Eligibility, Nominations, and Anti-Defection" »

Understanding Competition Law in India: Key Cases and Concepts

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Key Mergers & Acquisitions

  • Etihad Airways and Jet Airways
  • Sun Pharma and Ranbaxy
  • Wal-Mart and Flipkart

Section 26 (1) of the Competition Act

On receipt of a reference from the Central/State Government, statutory authority, or upon its knowledge/information (under section 19), if the Commission believes a prima facie case exists, it shall direct the Director General to investigate.

Relevant Cases

  • CCI v. Steel Authority of India Ltd

Section 27(b): Penalties

The Commission may impose penalties, not exceeding 10% of the average turnover for the last three financial years, upon enterprises party to anti-competitive agreements or abuse of dominance.

Relevant Cases

  • Excel Crop Care Ltd v. CCI

Section 3(3): Anti-Competitive Agreements

Agreements that cause or... Continue reading "Understanding Competition Law in India: Key Cases and Concepts" »

Distinguishing Similar English Words: False, Revive, Fight

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Distinguishing Similar English Words

Understanding the subtle differences between similar words can greatly improve your English vocabulary and communication skills. Here's a breakdown of several commonly confused words:

Words Implying Falsehood

  • FALSE: Not real.
  • SPURIOUS: Not real.
  • COUNTERFEIT: Made in close imitation of something else, always intended to deceive, especially of money and documents.
  • FAKE: Made in close imitation of something else, always intended to deceive.
  • BOGUS: Made in close imitation of something else, implying a negative value judgment.
  • PHONY: Not real or true, always intended to deceive, implying a negative value judgment and arousing suspicion.
  • MOCK: Made in close imitation of something else, intended as a substitute for the
... Continue reading "Distinguishing Similar English Words: False, Revive, Fight" »

Shah Bano Case: Divorce, Alimony, and the Uniform Civil Code Debate

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The Shah Bano Case: A Landmark Indian Divorce Controversy

The Shah Bano case (1985 AIR 945, 1985 SCC (2) 556) was a controversial divorce lawsuit in India. Shah Bano, a 62-year-old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and subsequently denied alimony. This case sparked considerable debate about the application of different civil codes for different religions, particularly for Muslims in India.

The case led the Rajiv Gandhi government to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986. This act diluted the Supreme Court's secular judgment and effectively denied destitute Muslim divorcees the right to alimony from their former husbands. The Shah Bano case generated significant... Continue reading "Shah Bano Case: Divorce, Alimony, and the Uniform Civil Code Debate" »