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

The Genesis of Magna Carta

King John's Reluctant Concessions

Though King John spoke of advising, he favored the barons only because he had no other choice after losing a civil war. The first and most important declaration was the liberty of the Church: from 1215 onward, the king was not to interfere with the Church. Pope Innocent III, with whom John had famously quarreled, played a significant role. Despite the king's assertion that his decision was voluntary (“of our own free will”), it is known he was forced to sign the Great Charter after a war with the Church and the barons.

Enduring Principles for Future Monarchs

The rules in this document applied not only to John but to all succeeding monarchs. This is why it reads “for us and our heirs... Continue reading "Magna Carta's Impact: Shaping English Constitutional Law" »

Case Holdings

• Gideon v. Wainwright — challenge right to counsel if poor.
• Sperling v. Teplizky — temporary restraining order.
• Keatins v. Dr. Bolander — sued for medical expenses, loss of income, medical distress.
• In re Gault (Juvenile case) — juveniles have the right to counsel, same as adults.
• Hurley v. ACPD — compensatory damages and punitive damages.
• State v. Marquez — court finds him guilty of the restraining order; burglary charge dismissed.
• R v. Sundown — the appeal should be dismissed.
• Brown v. Board of Education — segregation in American public schools was inherently unequal.
• Miranda v. Arizona — suspects must be informed of their constitutional right to an attorney and against self-incrimination.
• Mapp v. Ohio — evidence obtained

Partition of Land
Any joint owner of land or joint owner of tenancy can make application for partition of holding. The application for the partition of land is filed before the land revenue officer. A person who has no share in land cannot file suit of partition of the land.
2. Relevant Provision:
Sec. 135 to 150 Land Revenue Act 1967.
3. Application for Partition of Land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
(i) Conditions for Filing Application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement... Continue reading "Land Revenue Act: Partition, Record of Rights, and Recovery of Arrears" »

Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Defendant

An individual (or business) against whom a lawsuit is filed.

Habeas Corpus

Meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Issue

1. The disputed point between parties in a lawsuit;
2. To send out officially, as in a court issuing an order.

Mistrial

An invalid trial, caused by fundamental error.

Panel

1. In appellate cases, a group of judges (usually three) assigned to decide the case;
2. In the jury selection process

Plaintiff

A person or business that files a formal complaint with the court.

Plea

The defendant'... Continue reading "Legal Glossary: Essential Terms for Understanding the Law" »

IR theories:

PUBLIC ORDER AND SAFETY OFFENSES:

Designed to protect the general public by dealing with behavior that is not necessarily morally wrong but nonetheless affects the peace and safety of the community.

BREACH OF PEACE

At C/L any voluntary action that disturbed a community’s peace without lawful justification or excuse was considered a crime.

UNLAWFUL ASSEMBLY

• ROUT – NJ 2C:33-1b unlawful assembly
• RIOT – NJ 2C:33-1 unlawful assembly
• DISORDERLY CONDUCT – not a crime at C/L .341

N.J.S.A. 2C:33-2, which proscribes disorderly conduct, provides:

• Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating risk thereof he
• Engages in fighting or threatening,

THE STATE

Institutions to organize the people.

Formed by: population, territory

Under: The power of the state

Functions: established laws, enforce laws, govern

TERRITORY

• Associated with the territory they run and govern
• Defined by borders that separate them from other states and their territories.
• Can't make decisions outside their borders.
• If rules aren't respected, conflicts arise between states.

PEOPLE

• Have the same rights for everyone.
• Don't necessarily have the same social, political, and cultural background.
• It's common for people of different cultures and nationalities to live in the same state.

DEMOCRACY

• Equality: before the law, personal social and political rights, opportunities
• Justice: people, groups, individuals/groups, communities/countries
• Freedom:

The Person

Definition

An entity with the capacity to have rights and obligations.

Individual Person (Natural Person)

• Start: Birth
• Extinction: Death
• Capacity:
  • Full (to have rights and obligations)
  • In action (capacity to enter into contracts on one's own)

Group of Persons (Legal Entities)

A group of different people joined together with a common purpose. There are two types of collective entities:

Associations of Public Interests:

Cannot divide profits among its members.

• Foundations: The aim cannot change.
• Associations: The aim can change.
• Corporations: Created by public authority, do not have shareholders, and have to provide an efficient public service.

Private Legal Entities:

Profit can be divided. These are commercial and civil legal entities.

• Start: Constitutional

7. Gruber 7.4

People in my neighborhood pay annual dues to a neighborhood association. This association refunds neighborhood dues to selected homeowners who do a particularly nice job in beautifying their yards.

a. Why might the neighborhood association provide this refund?

If the neighborhood association provides a refund to homeowners who do a nice job beautifying their yards, they are providing an incentive for other neighbors to beautify their own yards and a subsidy to make the neighborhood beautiful. By providing more of this good, they provide with a positive external social benefit for the whole neighborhood.

The neighborhood association collects annual dues with the purpose to provide external social benefit. If the neighborhood looks