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

Evidence Exclusion in Criminal Cases

The Exclusionary Rule prohibits the introduction of evidence obtained in violation of a defendant's constitutional rights in a criminal trial. This applies to violations of the Fourth, Fifth, and Sixth Amendments.

Fruit of the Poisonous Tree Doctrine

Evidence derived from illegal government conduct is generally excluded. However, there are key exceptions:

1. Independent Source: Evidence discovered through a source separate from the illegal conduct.
2. Inevitable Discovery: Evidence that would have been discovered lawfully regardless of the illegal conduct.
3. Defendant's Intervening Acts: The defendant's own actions break the causal chain between the illegal conduct and the evidence.

This doctrine does not apply to:

1. Grand

What is the Certificate of Origin?

It certifies the product origin on their raw material. It's useful to obtain international trade agreement benefits in the country of destination.

Purpose of the Economic Inconvenience Clause

Summarizes the operation of export or import, specifying the costs incurred and the time it takes to occur.

Why Aren't 100% Risky Events Insured?

There isn't 100% risky events insured because an insurer doesn't want to pay for an insurance knowing that the risk is very high. The buyer of the cargo is responsible for buying or transporting the merchandise taking into account the risks not covered by the insurer.

Three Important Functions Covered by the Incoterms

Determine the moment of risk transference between seller and buyer,... Continue reading "Understanding International Trade: Certificate of Origin and Incoterms" »

Daimler v Continental Tyre 1916 HOL

Continental Tyre & Rubber Company was incorporated in England, but the holders of all its shares except 1, and also all the directions, were Germans, residing in Germany. The secretary was English. Continental Tyre & Rubber Co Ltd supplied tyres to Daimler, but Dailmer was concerned that making payment might contravene a CL offence of trading with the enemy as well as proclamation issued under S1(2) Trading with the Enemy Act 1914. After the outbreak of the First World War, Continental Tyre company brought an action against Daimler Co Ltd to recover trade dept. The HOL half the thought the Continental Tyre Company was incorporated in England, its effective control was in the hands of Germans, and therefore,... Continue reading "Corporate Veil: Legal Cases and Implications" »

Gift: An Overview

1. Introduction

A gift is the voluntary transfer of existing movable or immovable property from one person (the donor) to another (the donee) without any consideration. Gifts can be revoked under certain circumstances.

2. Relevant Provisions

Sections 122 and 123 of the Transfer of Property Act govern the transfer of property through gifts.

3. Definition of Gift

A gift is the voluntary and gratuitous transfer of existing movable or immovable property from a donor to a donee, who accepts the gift or has it accepted on their behalf.

4. Essentials of a Valid Gift

1. Parties: Donor and donee
2. Subject Matter: Movable or immovable property
3. Existing Property: Property must exist at the time of the gift
4. Consideration: No consideration should be involved
5. Voluntarily:

Mortgage

Definition of Mortgage:

A mortgage is security for the payment of debt. It is created by a written document providing security for the performance of a duty or the payment of debt. More specifically, a mortgage is the transfer of an interest in specific immovable property for the purpose of securing the payment of money advanced by way of loan, an existing or future debt, or the performance of an engagement which may give rise to pecuniary liability.

Key Terms:

• Mortgagor: The transferor (borrower) is called the mortgagor.
• Mortgagee: The transferee (lender) is called the mortgagee.
• Mortgage Money: The principal money and interest secured for payment is called mortgage money.
• Mortgage Deed: The instrument by which the transfer is effected is

Power of Attorney

In today's fast-paced world, our activities and engagements have increased significantly. As individuals become busier, the need to rely on others for assistance has grown. Consequently, the importance of a Power of Attorney has become increasingly apparent.

Definition

A Power of Attorney is a legal instrument that authorizes a specified person to act on behalf of another person, known as the principal.

Types of Power of Attorney

There are several types of Power of Attorney:

• General Power of Attorney

  A General Power of Attorney grants the agent broad authority to perform various acts or exercise all powers that the principal could exercise regarding specific property or matters.

• Special Power of Attorney

  A Special Power of Attorney

Legal System and Social Issues

Authorities (power) / bravery / capitalism / citizen (population) / citizenship / civil servants (public)

Chapter 15: Negligence

1. Negligence

Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. It is an unintentional tort where the defendant acted unreasonably but did not intend to commit the act or cause harm.

Note: No punitive damages may be awarded in cases of negligence.

1. Elements of Negligence:

• Duty
• Breach of Duty
• Causation
• Damages

2. Defenses Against Negligence:

• Statute of Limitations
• Act of God
• Contributory or Comparative Negligence on the Part of the Plaintiff
• Assumption of Risk by the Plaintiff
• Immunity

5 Liability Issues:

• Lack of Supervision
• Improper Instruction or Training
• Unsafe Use of Equipment
• Improper Medical Care
• Negligence in Transportation

***Note: Nothing on product... Continue reading "Negligence, Liability, and Risk Management in Sports and Recreation" »

Overriding Protection and Adverse Possession

The Limitation Act 1980 previously granted overriding protection to individuals who had acquired rights through adverse possession (AP) for 12 uninterrupted years. This meant that even if someone hadn't yet reached the 12-year threshold, they could still receive protection, preventing a third-party purchaser from evicting them. However, this approach created inconsistencies in the law.

The Land Registration Act 2002 Reform

The Land Registration Act (LRA) 2002 brought significant changes to the doctrine of adverse possession. Section 96 and Schedule 6 of the LRA 2002 now govern this area. Notably, Section 96 abolishes the Limitation Act 1980's time limits for registered land. As a result, owning land... Continue reading "Overriding Interests and Adverse Possession: Understanding the Land Registration Act 2002" »

Key Vocabulary by Category

Official Authority, Government, and Law

• Inquisition: A period of prolonged and intensive questioning or investigation.
• Insurrection: A violent uprising against an authority or government.
• Junta: A military or political group that rules a country after taking power by force.
• Municipal: Relating to a city or town or its governing body.
• Lobby: To seek to influence a politician or public official on an issue.
• Oligarchy: A small group of people having control of a country, organization, or institution.
• Ordinance: A piece of legislation enacted by a municipal authority.
• Ratify: To sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.
• Regime: A government, especially an authoritarian one.
• Sanction: