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

Financial and E-commerce Terms

Banking and Finance

• Accept: To agree to receive or undertake something offered.
• Annuity: A fixed sum of money paid to someone each year, typically for the rest of their life.
• Appraisal: An expert estimate of the value of something.
• Arrangement Fee: A fee charged by a lender to cover the administrative costs of setting up a loan.
• ATM (Automated Teller Machine): A machine that dispenses cash or performs other banking services when an account holder inserts a bank card.
• Bank Wire: An electronic transfer of funds.
• Beneficiary: A person who derives advantage from something, especially a trust, will, or life insurance policy.
• Borrow: To take and use (something belonging to someone else) with the intention of returning it.
• Branch:

Due Diligence

Property Verification

• Concordance between the property description in the Land Registry and the physical reality.
• Verification of charges and encumbrances on the property in the Land Registry (mortgages, usufructs, easements, seizure notes, etc.).
• Confirmation that the property is free of tenants or occupants.
• Review of the Community of Owners' agreements.
• Verification of no administrative infringements or penalty procedures.

Documentation

• Public deed of property ownership and registration.
• Certificates/Single Notes from the Land Registry to verify title, charges, and encumbrances.
• Cadastral Value.
• Receipt of I.B.I. (Property Tax) for the last fiscal year.
• Documents proving payment of the Property Tax (IBI) and the Rubbish Tax (Tasa de basura)

Primary Victim

• Alcock, Lord Oliver: Those involved in traumatic events.
• McFarlane v E.E Caledonia: Piper Alpha Oil Rig disaster.
• Page v Smith: Test today. Claimants with recurring disease due to an accident.

Held: Successful, showed physical injury or danger of physical injury, and reasonable belief of being in danger (reasonable foreseeability of psychiatric injury not taken into account). Affirmed: Simmons v British Steel.

White: Foreseeability of psychiatric injury no longer needs to be proven.

Secondary Victim

1. Reasonably Foreseeability (old law, still using): McLoughlin, Alcock
2. Sudden Shock: Sudden sight or sound that violently triggered the mind.
3. Proximity
   • (a) Relationship: Tie of love and attraction.
   • (b) To the incident: Closeness in time and space

The ESMA Case: Powers of EU Agencies

ESMA Case

Problems with EU agencies include a lack of democratic legitimacy and the fact that they do not have normative powers. (The two sources of democratic legitimacy are the European Parliament and the Council of the EU, together with the European Council.) The EU still needs agencies because of the level of expertise required.

Facts

• The "ESMA Regulation" gave powers to ESMA to “prohibit some financial activities that threaten the financial markets or the stability.”
• Later, “the Regulation” further increased powers – Article 28 of the Regulation allowed ESMA to intervene with short sale transactions if it thinks that there is a threat to the functioning and stability of a financial market or the

As first evidence, the government put into work the Emergency Banking Relief Act. It assigned government agents to examine and survey the bank’s financial conditions. Furthermore, it issued certificates to those who were safe for the people to put their money in. In that way, the program as a product of the New Deal came to restore confidence in the people.

As second evidence, in addition to banks, the government passed regulations for the stock market through the Securities Act. It prevented stock selling companies from mishandling the truth by requiring them to provide accurate information to their clientele. Soon after, the government created the regulating Securities and Exchange Commission in order to prevent stock markets from committing... Continue reading "The New Deal: Evidence of Government Intervention and Reforms" »

Plessy v. Ferguson

1896 Supreme Court case that ruled that "separate but equal".

Young Men's Christian Association

Organization that promoted muscular Christianity, combining evangelism with athletic facilities.

Negro Leagues

All-African American professional baseball teams.

Sierra Club

Organization that preserved and enjoyed America's great mountains and wilderness environments.

National Park Service

Agency that provided oversight of the growing system of national parks.

Comstock Act

Law that prohibited circulation of "obscene literature" defined as including most information about sex and birth control.

Liberal Arts

Form of education where students chose from a range of electives, shaping their own curriculum.

Atlanta Compromise

Urged whites and African... Continue reading "Important Historical Terms and Organizations" »

GRAMATICA

CHAPTER 1

• Criminal justice system: comprises institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation

• Law enforcement: investigates crimes and apprehends individuals alleged to have committed crimes

• Courts: interprets and applies the law

• Corrections: incarceration in jails or prisons, in some cases consisting of supervision in the community, parole, or probation.

• If prosecutor files charges: plea bargain and a plea is taken, or goes to trial, or nolle prosequi (dismissal).

• Mala en se: behavior that is immoral and inherently wrong by nature and we would have known not to do this activity even if there had not been a law prohibiting it.

• Mala prohibita: behavior that constitutes an

1. Final call of ₹3 per share was yet to be made. Calculate the maximum discount at which these shares can be reissued. X Ltd. invited applications for 500, 12% debentures of ₹100 each at a 5% discount. These debentures were redeemable after five years at par. Applications for 600 debentures were received. Pro-rata allotment was made to all applications. Pass necessary journal entries for the debenture issue, assuming the whole amount was payable with application. P and Q, partners sharing profits and losses equally, had fixed capitals of ₹2,00,000 and ₹3,00,000, respectively. The partnership deed provided 12% p.a. interest on capital. For the year ended March 31, 2016, profits were distributed without providing interest on capital. Pass

Evidence Exclusion in Criminal Cases

The Exclusionary Rule prohibits the introduction of evidence obtained in violation of a defendant's constitutional rights in a criminal trial. This applies to violations of the Fourth, Fifth, and Sixth Amendments.

Fruit of the Poisonous Tree Doctrine

Evidence derived from illegal government conduct is generally excluded. However, there are key exceptions:

1. Independent Source: Evidence discovered through a source separate from the illegal conduct.
2. Inevitable Discovery: Evidence that would have been discovered lawfully regardless of the illegal conduct.
3. Defendant's Intervening Acts: The defendant's own actions break the causal chain between the illegal conduct and the evidence.

This doctrine does not apply to:

1. Grand