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

Absolutist State

An authoritarian state of the Modern Ages. The sovereign's power is unlimited and unrestricted. Rulers are not chosen by citizens, and there's no legal way to oppose their orders.

Totalitarian State

The most extreme authoritarian state, with exhaustive control over social and personal spheres. The state controls non-state institutions, civil society, and private life. Media, education, religion, and family are inspected to prevent opposition.

Law

The set of principles and norms governing human relations in society. It's a comprehensive code addressing all aspects of personal and social interactions.

Rights

The faculty or ability of every human being to do what is allowed or demand what aligns with their dignity. Human rights are a... Continue reading "State Forms and Legal Concepts: Absolutism to Natural Law" »

The European Parliament: A Key Institution in the European Union

With 751 members, the European Parliament constitutes one of the largest democratic institutions in the world. Its members (MEPs) are elected every five years through direct election – although there have been some issues concerning poor voter turnout – and are distributed among eight different parliamentary groups which are supposed to represent the whole political spectrum. It is considered one of the main institutions in the European Union alongside the European Council and the European Commission. In order to understand the relevance of the EP in the decision-making of the Union, it will be necessary to analyze what a parliamentary system is and then move into the application... Continue reading "The European Parliament: From Consultative Assembly to Co-legislator" »

The US Federal Government System

Division of Powers

The United States employs a federal government, dividing powers between the federal and state governments. This contrasts with confederal systems (like the Confederacy during the Civil War, under the Articles of Confederation), where states hold more power, and unitary systems (like Japan, China, and France), where the national government holds all power.

Some European countries practice home rule, granting limited power to local areas.

National Powers (Federal Government)

The federal government holds supreme authority in:

• Military and War
• Coining Money
• Foreign Affairs and Treaties
• Interstate Commerce

State Powers

States retain control over:

• Education
• Elections
• National Guard (for state emergencies)
• Law

Section 39 of Basic Law Government

Section 39 of Basic Law Government states that emergency regulations shall not be enacted, except to the extent warranted by the state of emergency.

Israel's Culturally Neutral Attitude

Israel specifically adopts a culturally neutral attitude towards all inhabitants because: (NOT ANY OF THESE) there is a requirement of neutrality to fulfill a liberal democratic constitution. + the Declaration of Independence does not declare total equality between all inhabitants. + according to Barak's Key Theory, once you are in Israel, only Jews are equal.

Interview with Israelis and Saudis

In an interview with Israelis and Saudis, the Court would rule in favor of the petitioners, due to the low probability of endangering the

Bureaucratic Inefficiency

Bureaucratic inefficiency might be desirable in that it might help protect our liberties.

Aid to Families with Dependent Children

The Aid to Families with Dependent Children program decreased in popularity as the public began to believe that it was encouraging out-of-wedlock births.

Defense Program

As Gallup Poll data shows, a majority of Americans believe that our defense program is"about righ" or"not strong enough"

Interstate Commerce Commission

The creation of the Interstate Commerce Commission (ICC) led to the federal government supervising railroad activities.

Congressional Terminology

a. Rider

An additional provision added to a bill or other measure under consideration by a legislature.

b. Cloture Rule

The only formal procedure... Continue reading "American Government: Key Concepts and Terms" »

Universal Jurisdiction (UJ) in International Law

UJ has become the preferred technique by those seeking to prevent impunity for international crimes. While there is no doubt that it is a useful and, at times, necessary technique, it also has negative aspects. The exercise of UJ is generally reserved for the most serious international crimes, such as war crimes, crimes against humanity, and genocide; and other crimes such as terrorism because there is a treaty that specifically defines that terrorism falls under the means of UJ. UJ must be used carefully so it doesn’t create any negative consequences. If a country includes in its criminal and civil codes the fact that they want to apply UJ they established to themselves the obligation to try... Continue reading "Understanding Universal Jurisdiction in International Law" »

The Roman Republic

It was the 2nd period in Roman history from 509 B.C to 27 B.C. It was a result of a revolt which removed the Etruscan king.

Social and Political Groups

There were 2 important social and political groups:

• Patricians: They were descendants of the aristocratic families that founded Rome. They were a minority of the population and had important functions such as judging, controlling the land, holding public office, and governing the city.
• Plebis: They included anyone who arrived in the city after its founding. They were the majority of the population. At first, they didn't have political rights and property. After, they achieved 2 important things: the plebeian to represent their interest in politics and the law of 12 tables to enable

Business Structures Explained

Sole Proprietorship

The simplest form of business organization is the sole proprietorship. This structure requires one person to provide the capital, control the business, keep all the profits, and accept unlimited liability. There are no special legal requirements, except that the business name must be registered if it differs from the owner's name.

It is easy to start this type of business, but it can be difficult to compete with large firms and challenging to raise money for expansion. When people open small shops, they are usually sole proprietors and may employ others.

Partnership

To form a partnership, at least two people are necessary. They contribute capital to the business and share profits in agreed proportions.... Continue reading "Business Structures: Sole Proprietorship, Partnership, and Companies" »

Insolvency Proceedings: Pre-Insolvency Proceedings and Out-of-Court Payment

In Spain, when a debtor faces a plurality of creditors and cannot fulfill their obligations, the law provides a judicial process known as insolvency proceedings. Once insolvency is declared, the debtor loses the freedom to choose which creditors to pay and must request the formal declaration of insolvency.

The primary objective of insolvency proceedings is to salvage viable businesses. However, this process has its drawbacks. As an alternative to filing for insolvency, Spanish law allows debtors to notify the court of their intent to negotiate a refinancing agreement. If an agreement or out-of-court payment is not reached within three months of this notification, the... Continue reading "Insolvency Proceedings and Out-of-Court Payment Options in Spain" »