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

Legal System and Social Issues

Authorities (power) / bravery / capitalism / citizen (population) / citizenship / civil servants (public)

Chapter 15: Negligence

1. Negligence

Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. It is an unintentional tort where the defendant acted unreasonably but did not intend to commit the act or cause harm.

Note: No punitive damages may be awarded in cases of negligence.

1. Elements of Negligence:

• Duty
• Breach of Duty
• Causation
• Damages

2. Defenses Against Negligence:

• Statute of Limitations
• Act of God
• Contributory or Comparative Negligence on the Part of the Plaintiff
• Assumption of Risk by the Plaintiff
• Immunity

5 Liability Issues:

• Lack of Supervision
• Improper Instruction or Training
• Unsafe Use of Equipment
• Improper Medical Care
• Negligence in Transportation

***Note: Nothing on product... Continue reading "Negligence, Liability, and Risk Management in Sports and Recreation" »

Chapter 18: Net Assets and Capital

Net assets are defined as total assets minus total liabilities. Paid-in Capital and Retained Earnings are two of the three primary accounts classifications for Shareholders' Equity.

Corporate Form Disadvantages

• Paperwork is expensive
• Double taxation

Corporate Form Advantages

• Corporation is a separate legal entity - separate & distinct from its owners
• Ownership interest is easily transferred
• Shareholders do not have mutual agency relationship
• Limited liability - owners are not personally liable for debts of the corporation
• Ease of raising capital

Corporations have articles of incorporation (corporate charter) that describe the nature of the firm's business activities, the shares to be issued, and the composition of... Continue reading "Understanding Net Assets, Capital, and Retrospective Accounting Changes" »

Overriding Protection and Adverse Possession

The Limitation Act 1980 previously granted overriding protection to individuals who had acquired rights through adverse possession (AP) for 12 uninterrupted years. This meant that even if someone hadn't yet reached the 12-year threshold, they could still receive protection, preventing a third-party purchaser from evicting them. However, this approach created inconsistencies in the law.

The Land Registration Act 2002 Reform

The Land Registration Act (LRA) 2002 brought significant changes to the doctrine of adverse possession. Section 96 and Schedule 6 of the LRA 2002 now govern this area. Notably, Section 96 abolishes the Limitation Act 1980's time limits for registered land. As a result, owning land... Continue reading "Overriding Interests and Adverse Possession: Understanding the Land Registration Act 2002" »

The government has approved the new ESO education law, which eliminates numerical grades and allows students to pass the course without any limit of failures.

The repetition of a course will be considered an exceptional measure, so students may only repeat the same course a maximum of two times throughout compulsory education. The make-up exams for June and September will also be eliminated. Therefore, students who have failed a subject (without limit) may pass the course as long as they have the approval of the faculty. Additionally, the subject of philosophy will be withdrawn.

In my opinion, I believe that these laws should not be approved because they will make children less hard-working and less educated.

The Conclusion of a Congress Meeting

The document is the conclusion of a meeting (the conclusion taken by a congress). The authors of this document are 118 Spaniards, and it was written on the 8th of June 1962. The subject is the conditions one state should have in order to be accepted in the European constitution. It was published in 1962, so it is after the European Economic Community. It is a first-level text, and the target readers are the people of the European constitution. The authors were living abroad because they were not allowed to live in Spain, so they met in Munich.

Changing Situation in Spain

The things are changing in Spain (we are in the second part of Franconism), the situation improved from the 50s. The recognition of Franco’s... Continue reading "Conditions for European Union Acceptance: The Spanish Case" »

The Evolution of the Regulatory State in the EU

The role of government in the economy has significantly evolved. We can identify distinct phases:

1. Positive State: Initially, governments often owned and controlled key industries.
2. Liberalization: A shift occurred towards liberalization, with governments reducing direct control and allowing greater private sector involvement.
3. Growth of the Regulatory State: Industries became increasingly governed by private companies, but with regulations set and overseen by both private and public entities.

Factors Contributing to the Decline of the Positive State

• Privatization: Private companies gained control of industries previously managed by the state.
• Europeanization: The increasing influence of the European Union

This text is composed with articles of the Basque autonomy statute (1979) elaborated by Basque representatives and approved by the Central government and ratified by the king. It is a first level text and Suarez signs the ratification document.

After the Civil War 40 years of Francoism started and when the General died, when Franco died Juan Carlos prince became the new king. He maintained as head of the government Arias Navarro, already appointed by Franco. The king was the person who appeared in favor of the breaking up. He had two possible ways to govern: to continue with Francoism or to break up with it. As the king wanted democracy, Arias Navarro decided to end up with Francoism. The role of the king was very important. He asked Arias Navarro... Continue reading "History of Basque Autonomy Statute and Its Impact on Spain" »