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

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" »

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

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" »