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

Financial and E-commerce Terms

Banking and Finance

• Accept: To agree to receive or undertake something offered.
• Annuity: A fixed sum of money paid to someone each year, typically for the rest of their life.
• Appraisal: An expert estimate of the value of something.
• Arrangement Fee: A fee charged by a lender to cover the administrative costs of setting up a loan.
• ATM (Automated Teller Machine): A machine that dispenses cash or performs other banking services when an account holder inserts a bank card.
• Bank Wire: An electronic transfer of funds.
• Beneficiary: A person who derives advantage from something, especially a trust, will, or life insurance policy.
• Borrow: To take and use (something belonging to someone else) with the intention of returning it.
• Branch:

Business Growth and Corporate Classification

Classification by Global Management

Multinational Company: A company with significant sales in other countries, possessing industrial plants abroad, and managed in a global way.

Robinson's Classification of International Companies

1. Multinational: The main company chooses from the other countries/companies.
2. National: Operates in only one country.
3. International: Every subsidiary chooses what actions to take.
4. Transnational: Origin is irrelevant; individuals from any country can hold chief executive positions.
5. Supranational: Every subsidiary must obey the law of its country (though they are not legally subject to a specific country).

Perlmutter's EPRG Framework (Strategic Orientation)

This framework classifies... Continue reading "Corporate Growth Strategies: Internationalization and Concentration" »

Key Legal Terminology and Definitions

• Criminal Law: A violation against the public, often involving harm to persons or possessions.
• Civil Law: A violation of a contract or a dispute between individuals or entities (e.g., contract law).
• YCJA (Youth Criminal Justice Act): Legislation governing young persons accused of crimes.
• Quid pro Quo: Something for something (a favor or advantage granted in return for something else).
• Plea Bargain: Pleading guilty for a lesser penalty or charge.
• Self-Incrimination: Behavior or testimony that suggests one is guilty.
• Capital Punishment: Execution (the death penalty).
• Summary Conviction Offense: A less serious crime, often resulting in release until trial.
• Indictable Offense: A serious offense, where the accused may

Due Diligence

Property Verification

• Concordance between the property description in the Land Registry and the physical reality.
• Verification of charges and encumbrances on the property in the Land Registry (mortgages, usufructs, easements, seizure notes, etc.).
• Confirmation that the property is free of tenants or occupants.
• Review of the Community of Owners' agreements.
• Verification of no administrative infringements or penalty procedures.

Documentation

• Public deed of property ownership and registration.
• Certificates/Single Notes from the Land Registry to verify title, charges, and encumbrances.
• Cadastral Value.
• Receipt of I.B.I. (Property Tax) for the last fiscal year.
• Documents proving payment of the Property Tax (IBI) and the Rubbish Tax (Tasa de basura)

Symbolic Speech and Expression

• Protected Symbolic Speech

  • Tinker v. Des Moines (1969): Students wearing armbands to peacefully protest the Vietnam War were protected because their actions did not interfere with educational processes.
  • Texas v. Johnson (1989): Flag burning was protected as expressive conduct conveying a clear political message.
  • R.A.V. v. City of St. Paul (1992): A ban on cross burning was deemed too broad, as it prohibited speech based on its content rather than its potential for harm.

• Unprotected Symbolic Speech

  • United States v. O'Brien (1968): Burning a draft card was not protected because it involved the destruction of government property and interfered with a legitimate government interest.
  • Virginia v. Black (2003): Cross burning

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

Baseball’s free agent era was created by the Supreme Court’s ruling in the Curt Flood case.

Define the term monopoly: A market situation where one producer (or a group of producers acting in concert) controls the supply of a good or service, and where the entry of new producers is prevented or highly restricted.

Name the federal antitrust laws that have a substantial impact on sports: Competition law.

Name two of the exemptions from antitrust laws that have been used in the sports industry: Baseball's antitrust exemption and the broadcasting exemption in the Sports Broadcasting Act.

Provide an example of a sports league rule that has become the subject of antitrust litigation because of accusations that the rules are too restrictive: Professional

Defining EU Citizenship and Belonging

Citizenship encompasses both legal status and the affective dimension of belonging within a political community.

EU Citizen Population

The European Union currently encompasses approximately 450 million citizens.

Fundamental Elements of Citizenship

• Contractual: Legal and constitutional elements reinforcing mutual obligations.
• Historical: A shared past, often summarized by the concept of Civis Romanus sum (I am a Roman citizen).
• Ontological: The identity and affective dimension of civic identity and belonging.
• Normative: The established standards and rules governing citizenship.

Key Rights for European Union Citizens

Established by Article 20 of the Treaty on the Functioning of the European Union (TFEU)

1. Right to Petition

   Citizens

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