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

What Pushed Congress Towards a Declaration of War?

President McKinley was responsible for pushing Congress to authorize the war. Ironically, at the start of his presidential term, he actually wanted to steer the US away from any involvement in war. However, after an explosion on an American battleship, which killed 260 of its members, the public wanted aggressive action against Spain, which is what led McKinley to do so.

What Is the Teller Amendment?

The Teller Amendment was a result of President McKinley going to Congress in order to use force against the Spanish in the Spanish-American War. The amendment was passed in order to authorize the war. The amendment stated that the US didn't have any intentions to annex Cuba.

Describe the US Involvement

Introduction to Criminal Law

Key Definitions

Traffic Infraction: Any offense defined as a "traffic infraction."

Misdemeanor: An offense, other than a traffic infraction, punishable by a sentence of 15 days to less than one year.

Violation: An offense, other than a traffic infraction, punishable by a sentence of less than 15 days.

Act: Bodily movement.

Omissions: A form of actus reus. This could include failing to warn others about a dangerous situation you created (e.g., not feeding an infant left in your care).

Actus Reus: Commonly defined as a criminal act resulting from voluntary bodily movement.

Sources of Law

1. Constitution: Identifies basic rights and obligations.
2. Statute: A law passed by a legislature (federal/state).
3. Case Law: Law established by

T13: PRINCIPLES OF EU LAW:

1.AUTONOMY: EU law is assumed to be an autonomous legal order which is related to international law and national law, but nevertheless distinct from both, and thus subject to its own logic.In Van Gend and Loos (case 26/62) the Court held that the EEC constitutes “a new legal order of international law” for the benefit of which  the States have limited their sovereign rights. In Costa Enel (case 6/64) the Court stated that “By contrast with ordinary international treaties, the EEC treaty has created its own legal system2.SUPREMACY:Although some of the articles of EU Treaty impliedly require primacy, there is no express declaration of this principle in the Treaties. It is through the decisions and interpretation... Continue reading "Law 19983 on" »

Basic principles of a contract

-Canons of interpretation:

• as an integrated whole

• Most strictly against the party that drafted the document, in the case of an ambiguity

• Perspective of the worst case scenario

Fundamental aspects of a contract

• Agreement
• Consideration
• Capacity
• Legality

Damages

• Compensatory damages
• Specific performance
• Restitution
• Penalty provision
• Rescission

Authority

• Actual authority
• Apparent authority

Defamation

• Tort Theories and employment

Public Policy

• Employment discrimination
• Whistleblowing
• Cooperation in an investigation against the company
• Submission of unfair labor practice charges
• Complaints about safety hazards/violations

Vicarious Liability

• Respondeat superior (let the master respond)
• Employee actions must be within “scope of employment”

Hiring,

Criminology: The Scientific Study of Crime

Definition of Crime

Criminology is the scientific study of the nature, extent, management, causes, control, consequences, and prevention of criminal behaviour, both on the individual and social levels. It is an interdisciplinary field that draws upon the research of sociologists, psychologists, philosophers, psychiatrists, social anthropologists, and scholars of law.

Elements of a Crime

A crime has two fundamental elements:

• Actus reus: The physical element of the crime
• Mens rea: The mental element of the crime

Miranda Warning

The Miranda Warning is a communication that police officers in the United States must give to every person who has been arrested. It informs the person of their rights, including the... Continue reading "Criminology: A Comprehensive Guide to the Study of Crime" »

Liberalism

Liberalism refers to a state's tendency to expand welfare benefits, regulate business, adopt progressive state income taxes, and generally use the resources of government to achieve social change.

Conservatism

Conservatism refers to a state's tendency to limit welfare benefits, deregulate business, keep taxes low, and generally place less reliance on government and more reliance on individuals and the marketplace to achieve social goals.

Political Culture

Political Culture refers to historical styles and traditions in states' politics that cannot be directly attributed to demographic factors.

Direct Democracy

Direct Democracy is popular participation in government through direct voter initiation of policy and voter approval or rejection... Continue reading "Key Concepts in US Politics and Government" »

Membership: Can be classified into 2 heads:
a) Original members - states that participated in UN conference at San Francisco.
b) States admitted as members - a state may be admitted to UN on the affirmative recommendation of Security Council and by resolution of General Assembly by 2/3 majority. Essentials:
a) Must be a state
b) Must be a peace-loving state
c) Must accept obligations of UN Charter
d) Must be willing to carry out those obligations
e) Must be able to carry out those obligations. Suspension of Members: A member of UN against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of rights and privileges of membership. Suspension is done by General Assembly upon the recommendation... Continue reading "Overview of United Nations Membership and Organs" »

Vocabulary Words and Sentences

1. auspicious – (adj.) favorable; promising; conducive to success

Direct Taxes

India has entered into Double Taxation Avoidance Agreements (DTAA) with 65 countries, including the US. In case of countries with which India has a DTAA, the tax rates are determined by such agreements.
Domestic corporations are granted credit on foreign tax paid by them while calculating tax liability in India. In the case of the US, dividends are taxed at 20%, interest income at 15%, and royalties at 15%.

Indirect Taxes

Excise Duty

The manufacture of goods in India attracts Excise Duty under the Central Excise Act 1944 and the Central Excise Tariff Act 1985. Herein, the term"Manufactur" means bringing into existence a new article having a distinct name, character, use, and marketability, and includes packing and labeling.
Most products... Continue reading "Tax System in India: Direct and Indirect Taxes Explained" »

Using Internet

In the last years, technology breakthroughs have hardly come up so quickly that we have been able to take ourselves in them, but young people are different and the youngest ones have understood these new forms of communication very fast.

They can spend hours on their computers and, moreover, when they are not at home, they can walk on the street while typing on their phones, which could be amazing or scary depending on the beholder.

For them, it’s terrific how quickly they are able to connect with their friends, to be always in touch with them, to hear their latest news at the same moment they are taking place.

In my opinion, they seem to have lost the art of making conversation. It’s difficult for them to speak with other people