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

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" »

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

MUST: I´m sure, I´m certain, is obligated to, essential that, it´s compulsory, needs, needs to be, it´s necessary for, rule.   CAN´T:I´m not sure, I´m not certain.   MAY,MIGHT,COULD:perhaps, maybe, it´s possible.    MUSTN´T:I´ts fobiden that, not permited,allowed, dangerous.   CAN:I´m good at.    COULD: when I was, ability.   HAVE TO:Is obliged to, It´s essential that, It´s compulsory.    SHALL:I suggest,why not.   SHOULD:It is better, If I were you, I advice you,I was you,It is a good idea,shouldn´t, it is a good idea.    DON´T HAVE TO DOESN´T:It isn´t necessary.  HAD TO:was necessary.   DIDN´T HAVE TO:wasn´t necessary.   BE ABLE TO:in the future,next.  

A New Society: Industrial Society and Social Classes

Industrial society was divided into three social classes: the upper class with the aristocracy and the high bourgeoisie, the middle class, and the lower class. Social class was defined by wealth, and while some could move between classes, economic circumstances often made it impossible. Industrial society was based on judicial equality, with men judged by the same laws and courts. However, there was a great inequality for women, who were subordinate to men. Economic inequality separated those who had property and financial resources.

The Decline of the Aristocracy

In the nineteenth century, the aristocracy lost dominance as their rights over the peasants were abolished and they began to pay... Continue reading "The Transformation of Industrial Society: Social Classes, Aristocracy Decline, and Rise of the Bourgeoisie" »

What is the Certificate of Origin?

It certifies the product origin on their raw material. It's useful to obtain international trade agreement benefits in the country of destination.

Purpose of the Economic Inconvenience Clause

Summarizes the operation of export or import, specifying the costs incurred and the time it takes to occur.

Why Aren't 100% Risky Events Insured?

There isn't 100% risky events insured because an insurer doesn't want to pay for an insurance knowing that the risk is very high. The buyer of the cargo is responsible for buying or transporting the merchandise taking into account the risks not covered by the insurer.

Three Important Functions Covered by the Incoterms

Determine the moment of risk transference between seller and buyer,... Continue reading "Understanding International Trade: Certificate of Origin and Incoterms" »

Daimler v Continental Tyre 1916 HOL

Continental Tyre & Rubber Company was incorporated in England, but the holders of all its shares except 1, and also all the directions, were Germans, residing in Germany. The secretary was English. Continental Tyre & Rubber Co Ltd supplied tyres to Daimler, but Dailmer was concerned that making payment might contravene a CL offence of trading with the enemy as well as proclamation issued under S1(2) Trading with the Enemy Act 1914. After the outbreak of the First World War, Continental Tyre company brought an action against Daimler Co Ltd to recover trade dept. The HOL half the thought the Continental Tyre Company was incorporated in England, its effective control was in the hands of Germans, and therefore,... Continue reading "Corporate Veil: Legal Cases and Implications" »