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

The Mysterious Letter from My Grandfather

This story began a long time ago when I was ordering the memories of my recently deceased grandfather. Among his memories, I found a dirty box full of photographs, letters and postcards. Among all his belongings was a closed letter with my name. In the envelope, I could read "For my granddaughter." When I opened the letter and read the text, I could not believe what I had written. In this letter, my grandfather explained to me that when he was young, he and his brother found an incredible object. However, for security reasons, they decided to hide it in a safe place. What do you think that happened?

Exciting Rafting Adventures

One of the most exciting team activities you can do in the natural environment... Continue reading "Exciting Rafting Adventures and Personality Tests for Job Candidates" »

MEMOIRS V. MASSACHUSETTS, 1966

1973 COURT GUIDELINES .351 abandoned requirement 'utterly without redeeming social value.'

New guidelines:

1. Whether the average person, applying contemporary community standards, would find the work, taken as a whole, appeals to prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

MODEL PENAL CODE – test based on review: material is obscene if its 'predominant appeal' to ordinary adults’ morbid interest in nudity, sex or excretion. .352

OBSCENITY AND THE INTERNET – Communications Decency Act of 1996 (CDA).

Reno v. ACLU,... Continue reading "Obscenity and Sexual Offenses in New Jersey Law" »

What is ethics?

A brand of philosophy that focuses on moral issues.

What is managerial ethics?

The study of morality and standards of business conduct.

Ethic Dilemma VS. Ethical Lapses

E.D. - Having to make a choice between two competing but arguably valid options.

E.L. - Decision that is contrary to an individual's beliefs and policies of the company.

Nike & the Sweatshop Labor Controversy:

• Increased the minimum age at factories
• Adopted U.S. Clean Air regulations
• Disclosed the locations and permitted independent monitoring
• Offered micro loans to workers
• Helped form fair labor association to monitor overseas working conditions
• Built schools and health clinics in worker communities

Basic Approaches to ethical decision making

• Utilitarian: consequences
• Moral

Comparison Between a SL and a SA

Basically, the main differences between these corporate forms are related to (a) equity required, (b) equity transferability, and (c) formalities.

1. Equity Required

• Sociedad Anónima: Minimum share capital is 60,000.00 Euros, and at least 25% shall be paid-up upon incorporation. The shares can be subscribed along a term set out by the incorporating-shareholders.
• Sociedad Limitada: Minimum capital, divided into participaciones, is 3,000.00 Euros, which must be fully subscribed and paid-up upon incorporation. Participaciones of an SL may have disproportionate voting and economic rights. It is admissible that one participación has a plurality of votes.

2. Equity Transferability

• Sociedad Anónima: The equity is essentially

Introduction

The most essential functions of a state are primarily two: waging war and administering justice. The administration of justice is classified into two parts: civil justice and criminal justice. The purpose of criminal justice is to punish the wrongdoer, who is punished by the state. On the question of whether the purpose of punishment is the desire to make men better or to protect society, certain theories have been given below.

Theories of Punishment

1. Deterrent Theory
2. Retributive Theory
3. Preventive Theory
4. Reformative Theory
5. Expiatory Theory

1. Deterrent Theory

"Deter" means to abstain from doing an act. The main objective of this theory is to deter (prevent) crimes. It serves as a warning to the offender not to repeat the crime in the future... Continue reading "Theories of Criminal Justice: A Comprehensive Overview" »

Dispute Resolution Methods

There are several ways to resolve disputes:

• Mediation: A voluntary, nonbinding conciliation process.
• Arbitration: A more formalized process resulting in a binding award that courts in many countries will enforce. Parties must agree to arbitration, and once they do, they cannot withdraw.
• Litigation: The final step in attempting to resolve a dispute.

Legal Concepts in Litigation

• Jurisdiction: The power of a court to hear and decide a case.
• In Personam Jurisdiction: Refers to the court’s power over a specific individual or corporation.
• Venue: The geographical location of a court with competent jurisdiction where a case can be heard.

Legal Doctrines and Clauses

• Forum Non Conveniens: Whenever a case can be properly heard in more

Incoterms Defining Seller and Buyer Obligations

E-Terms: Departure

EXW (Ex Works)

The seller fulfills their obligation when they place the goods at their premises (e.g., warehouse or factory). The buyer assumes all subsequent costs and risks from that point.

• Risk Transferred: Seller's factory door.
• Cost Transferred: Seller's factory door.
• Mode of Transport: Any mode.
• Seller Obligations: None regarding export clearance or loading (unless agreed otherwise).

F-Terms: Main Carriage Unpaid

FCA (Free Carrier)

The seller fulfills their obligation when they deliver the goods to the carrier nominated by the buyer, through customs, at the agreed point. The seller bears risks and costs up to the point the goods are loaded.

If delivery occurs at the seller's property,... Continue reading "Incoterms 2020 Rules: Defining Global Trade Responsibilities" »

Doctrine of Indoor Management

The doctrine of indoor management allows outsiders who are dealing with company to assume that as far as the internal proceedings of company are concerned, everything has been properly done. This limitation to doctrine of constructive notice is known as doctrine of indoor management or Turquand rule.

*Royal British Bank vs Turquand 1856

Exceptions:

• Knowledge of irregularity
• Negligence
• Forgery

Prospectus

Is a document issued by the public company in order to invite the public to make offers for shares and debentures of the company. Any document described or issued as a prospectus or any notice, circular, ad, or other document inviting offers from public for subscription or purchase of any securities of a body corporate... Continue reading "Doctrine of Indoor Management and Prospectus Rules" »

Lecture 3: The Individual Businessperson

People: natural person who carries out a business activity in their own name and account. - Finances activity with personal funds or borrowing. - Capacity: must be of age and free to dispose of assets. - Particular Presumption: if a minor or incapacitated, representation is needed. Management: - Simple start-up process: no legal process required. - Investment: capital limits set by the entrepreneur. - Total control: bears all costs, management duties, investments. Disadvantages for individual businesses: 1. Taxing: pay more if profits are higher. 2. Liability for Debts: debtor is liable with all present and future assets. 3. Assets Subject to liability of the businessperson. 4. Economic Marriage Settlement:... Continue reading "Types of Business Entities and Legal Obligations" »

Essay Structure

Introduction

The introduction should tell the reader what to expect in the essay. It should make clear to the reader the focus of the essay, the scope of the research (in particular, an indication of the sources to be used), and an insight into the line of argument to be taken.

Body

The body should be presented in the form of a reasoned argument. The form varies with the subject, but as the argument develops, it should be clear to the reader what relevant evidence has been discovered, where and how it has been discovered, and how it supports the argument.

Citation Formats for Various Sources

• Book: Author – Title – Institution, Publisher, and City – Publication Date – Edition (if applicable).
• Chapter from Book: Author – Title