Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Businesspeople and commercial law are two elements that cannot go separately. When doing business, commercial law is always present and has to be taken into account in order to fulfill the law and have legal effects. But now, how is commercial law developed in business? What is the impact on it? Is it positive? Or negative? All those questions will answer an important matter regarding business and law, two keys that have a huge impact in nowadays society and life.

Defining Commercial Law

First of all, it is needed to define what commercial law is in order to understand which are the matters and issues that are affected. It is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising,... Continue reading "The Impact of Commercial Law on Business and Society" »

The Modern State

Weber’s definition of the state was that it could not be defined in terms of its goals or function but rather in its distinctive means. Researches came to different agreements when it comes to defining a state, because one can see a state from flag, language and other symbolic factors. The state has 8 FEATURES (Characteristics of Statehood) :

• Territory ,Sovereignty  (state is the highest authority), Permanent population, Constitution, Public bureaucracy, Legitimacy, Taxation

The constitution is considered the law of the laws.

Rule of the law can be considered as a feature  of the state because under the law, politicians themselves are subject to the laws which they themselves enforced or helped to enforce.

The

NOWADAYS, THERE IS A HUGE PROBLEM WITH THE SYRIAN WAR BECAUSE A LOT OF PEOPLE ARE RUNNING AWAY. EU HAS PROMISE THAT FOR EACH SYRIAN MIGRANT RETURNED TO TURKEY THEY WILL TAKE ANOTHER LEGAL SYRIAN. IS THAT PROBLEM?

ON THE ONE HAND, IT IS A GOOD IDEA BECAUSE IN EU THEY WILL TAKE SYRIAN REFUGEES. WHAT’S MORE, THIS PEOPLE WILL NOT BE UNDER BETTER CONDITIONS.

ON THE OTHER HAND, IT’S  A CONDINTIONAL DEAL. IT WILL ONLY BE FULFILLED IF THERE ARE EXPELLED REFUGEES, AND THE OTHER MAKE A LEGITÍMATE REQUEST. 

AS FOR AS I AM CONCERNED, IT’S A BRILLANT IDEA BUT IT MUST BE UNCONDITIONAL. THEY MUST TAKE IN AS MUCH AS REFUGEES AS TURKEY CAN.

Official Protocol: Set of Norms

Social: Agreements that with time become universally used and accepted.

Business: Set of Conduct Agreements

Etiquette: Set of norms that have been created to facilitate our coexistence.

• Internal: Communication codes between employees
• External: Communication and behavior with third parties

Behavior of an Executive

• Set the rules
• Value their team
• Guide an organization internal conduct and its relationships with its customers, partners, and shareholders.

Introduction Rules: 12 Golden Rules

1. Respect hierarchy
2. Loyalty
3. Time management
4. Become part of the team with an open, flexible, collaborative attitude
5. Know how to follow leadership directions

Business Travel

• Unexpected: Crisis, emergency, require fast thinking and action
• Scheduled:

European Parliament:

-Composition: elected by the citizens by universal suffrage every five years.

-Functions: mostly legislative, controlling the work of the European Commission and approving the EU Budget.

-Seat: Strasbourg, France.

European Council:

-Composition: heads of state or government of all member state.

-Functions: takes decisions about EU policy.

-Seat:Brussels, Belgium.

European Commission:

-Composition: a president and commissioners (one for each member  state).

-Functions: implementation of common EU policies and manages the Budget.

-Seat: Brussels.

Administrative Hearings and Antitrust Laws

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action. True

A person who is harmed by a conspiracy that violates the Sherman Antitrust Act may sue the wrongdoers for treble damages, which is four times the actual damages. False

An agreement to charge an agreed-upon price or to set maximum or minimum prices between or among competitors is called price fixing but it is not per se a violation of the Sherman Act. False

Boycotts are always illegal, even when done with good intentions. True

Nobel economist Milton Friedman believes... Continue reading "Understanding Administrative Hearings and Antitrust Laws" »

What was the legacy of the French Revolution?

Comparative Political Study: Comparing political institutions And behaviors from the state to state and community to community in order to Identify and explain similarities or differences.

Commonwealth: Although four states call Themselves commonwealths, (Pennsylvania, Virginia, Massachusetts, and Kentucky), the term refers to any self- governing community and currently Describes the government of Puerto Rico, a territory of the United States.

State Economic Development: Broadly defined as population Growth and the education levels of a state’s population.

Income: Money that is received as a result of the Normal business activities of an individual or business (e.G. Wages).

Political Refugee: Those residing in the U.S. Because They have "a well-... Continue reading "Concept of education" »

Valencia, strengthening the presence of the Royal Council, as the main organ of justice and administration. This administration gained power in 'imposing and repealing' the laws. It became necessary to gather and compile all the regulations that had been developed. The compilation of the 'Autos Acordados' of 1723 and 1745.

A new philosophical current began to be introduced, in which the 'Reason' and the doctrine 'natural law' took on special relevance and represented the beginning of the separation between the Old Regime and a new system in which the real power, the feudal Church would have less prominence, in favor of national sovereignty, represented by their elected leaders from among them. The French Revolution of 1789 and the Declaration... Continue reading "Evolution of Justice Administration in Spain: 1723-1869" »

PLANNING

In obtaining an understanding of an entity’s internal controls that are relevant to audit planning, an auditor is required to obtain knowledge about the:

• Design of relevant internal controls pertaining to financial reporting in each of the five internal control components.

The risk that an auditor will conclude, based on substantive tests, that a material misstatement does not exist in an account balance when, in fact, such misstatement does exist is referred to as:

• Detection Risk

Relationship between control risk and detection risk is ordinarily:

• Inverse.

The audit program usually cannot be finalized until the:

• Consideration of the entity’s internal control has been completed.

Which of the following relatively small misstatements most