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

The Principle of Judicial Defence

The principle of judicial defence supports the idea that the judiciary should not interfere with Parliament. Lord Nicholls stated that the courts generally uphold Parliament's intention unless Parliament disregards Article 6(2) of the ECHR. In AG Reference, Lord Woolf ruled that one must always assume that, without a sufficiently good reason, Parliament would make an exception to the presumption of innocence.

However, in Sheldrake, Lord Bingham stated that there should be more consideration towards the presumption of innocence and the court's obligation under s.3 of the Human Rights Act, as opposed to merely reviewing a provision. Following this, Scarmuzza suggested that adhering strictly to Parliament's intention... Continue reading "Judicial Defence Principles and the Presumption of Innocence" »

Marshall Case: Sex Discrimination and Pensions

Case Marshall

Case Marshall

Legal Interpretation

3. Article 5(1) of Directive No 76/207 must be interpreted as meaning that a general policy concerning dismissal involving the dismissal of a woman solely because she has attained the qualifying age for a state pension, which age is different under national legislation for men and for women, constitutes discrimination on grounds of sex, contrary to that Directive.

4. Wherever the provisions of a directive appear, as far as their subject-matter is concerned, to be unconditional and sufficiently precise, those provisions may be relied upon by an individual against the State where that State fails to implement the directive in national law by the end of

The Genesis of Magna Carta

King John's Reluctant Concessions

Though King John spoke of advising, he favored the barons only because he had no other choice after losing a civil war. The first and most important declaration was the liberty of the Church: from 1215 onward, the king was not to interfere with the Church. Pope Innocent III, with whom John had famously quarreled, played a significant role. Despite the king's assertion that his decision was voluntary (“of our own free will”), it is known he was forced to sign the Great Charter after a war with the Church and the barons.

Enduring Principles for Future Monarchs

The rules in this document applied not only to John but to all succeeding monarchs. This is why it reads “for us and our heirs... Continue reading "Magna Carta's Impact: Shaping English Constitutional Law" »

Case Holdings

• Gideon v. Wainwright — challenge right to counsel if poor.
• Sperling v. Teplizky — temporary restraining order.
• Keatins v. Dr. Bolander — sued for medical expenses, loss of income, medical distress.
• In re Gault (Juvenile case) — juveniles have the right to counsel, same as adults.
• Hurley v. ACPD — compensatory damages and punitive damages.
• State v. Marquez — court finds him guilty of the restraining order; burglary charge dismissed.
• R v. Sundown — the appeal should be dismissed.
• Brown v. Board of Education — segregation in American public schools was inherently unequal.
• Miranda v. Arizona — suspects must be informed of their constitutional right to an attorney and against self-incrimination.
• Mapp v. Ohio — evidence obtained

Partition of Land
Any joint owner of land or joint owner of tenancy can make application for partition of holding. The application for the partition of land is filed before the land revenue officer. A person who has no share in land cannot file suit of partition of the land.
2. Relevant Provision:
Sec. 135 to 150 Land Revenue Act 1967.
3. Application for Partition of Land:
According to Sec. 135 any joint owner of land may apply to a revenue officer for partition of his share in the land.
(i) Conditions for Filing Application:
(a) At the date of application the share is recorded under Chapter VI as belonging to him or.
(b) His right to the share has been established by a decree which is still subsisting as that date or.
(c) A written acknowledgement... Continue reading "Land Revenue Act: Partition, Record of Rights, and Recovery of Arrears" »

Convention

An agreement between states covering particular matters, especially one less formal than a treaty.

Convention country

A Convention country is a nation that has ratified and brought into force the Hague Adoption Convention, and is a party to or member of that Convention with the U.S. for adoption procedures.

Certification mark

A certification mark is a type of trademark used to show consumers that particular goods and/or services, or their providers, have met certain standards.

Novelty

The quality of being new, original, or unusual.

Article

An article in law is a separate and distinct part of a written instrument, such as a contract, statute, or constitution, that is often divided into sections.

Adaptation

Copyright owners have the right to... Continue reading "International Adoption and Intellectual Property Terms" »

Damages

Money that a defendant pays a plaintiff in a civil case if the plaintiff has won.

Defendant

An individual (or business) against whom a lawsuit is filed.

Habeas Corpus

Meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

Issue

1. The disputed point between parties in a lawsuit;
2. To send out officially, as in a court issuing an order.

Mistrial

An invalid trial, caused by fundamental error.

Panel

1. In appellate cases, a group of judges (usually three) assigned to decide the case;
2. In the jury selection process

Plaintiff

A person or business that files a formal complaint with the court.

Plea

The defendant'... Continue reading "Legal Glossary: Essential Terms for Understanding the Law" »

Over the last decade, there has been a dramatic increase in the time users spend on social media. Individuals use social networks for diverse purposes, allowing social media and marketing companies to profit from this trend. Two key concepts play a significant role in how personal data is treated: disclosure, which refers to social media revealing users’ browsing information, and targeted advertising, which is the practice of using user data to personalize advertisements. This essay discusses how disclosure and targeted advertising negatively affect users regarding their privacy and spending habits, highlighting these as the most detrimental characteristics of modern social networks.

The Threat to Individual Privacy

One of the most evident... Continue reading "The Impact of Data Disclosure and Targeted Advertising on Privacy" »