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

Remedies for Breach of Contract

Rescission of the Contract

Suit for Damages

Equity and Ownership Interest

Equity represents an ownership interest in a corporation. Key characteristics include:

• Common stockholders vote for the board of directors and other corporate issues.
• Dividends are not considered a cost of doing business and are not tax-deductible.
• Dividends are not a liability of the firm, and stockholders have no legal recourse if dividends are not paid.
• An all-equity firm cannot go bankrupt.

Interest vs. Dividends

Debt is not an ownership interest in the firm. Creditors do not usually have voting power. The corporation’s payment of interest on debt is considered a cost of doing business and is fully tax-deductible. Conversely, dividends are paid out of after-tax dollars. Unpaid debt is a liability of the firm; if... Continue reading "Corporate Finance: Equity vs Debt Fundamentals" »

Understanding Checks

Definition

A check is a bill of exchange drawn on behalf of a banker, which is payable on demand by the banker.

Three-Party Structure

• Drawer: The person who orders the draft.
• Drawee: The banker against whom the draft is drawn and who is ordered to pay.
• Payee: The person to whom the draft is payable.

The Process

The drawer gives the payee a written order that directs the drawee to pay money to the payee or to whomever the payee designates through an appropriate endorsement. The payee must collect the money from the drawee by physically presenting the draft and demanding payment. Checks are distinct from other instruments because they are drawn on a bank and are payable on demand.

Promissory Notes

Definition

A promissory note is an... Continue reading "Understanding Checks, Promissory Notes, and Bills of Lading" »

Contributory Negligence: The Partial Defence

• Statutory Basis: Section 1(1) of the Law Reform (Contributory Negligence) Act 1945.

A finding of contributory negligence cannot be established unless the defendant (D) is first proven to be negligent.

Defining Contributory Negligence

Contributory negligence occurs where the harm suffered is partly the fault of D and partly the fault of the claimant (C). Consequently, any award of damages to C may be reduced by reason of C's contributory negligence, though the reduction cannot be 100%.

Case Example: Jones v Livox Quarries [1952]

The claimant disregarded his employer's safety instructions by riding on the back of a haulage vehicle. Another employee negligently crashed into the back of the vehicle, causing... Continue reading "Contributory Negligence and Volenti Non Fit Injuria Defenses" »

Privacy Rights: Roe, Griswold, and Casey

Roe v. Wade Precedent: Griswold v. Connecticut

• Trimester Framework: Established in Roe v. Wade by Justice Blackmun (later modified).
• Griswold v. Connecticut (1965): Established a fundamental right to privacy derived from 'zones' in the Constitution (specifically citing Amendments 1, 3, 4, 5, 9, and 14).

Levels of Judicial Review

• Strict Scrutiny:
  • Requires a compelling government interest.
  • The law must be narrowly tailored to achieve that interest.
  • Burden of proof is on the government.
  • Statute is presumed unconstitutional.
  • Applied in cases involving fundamental rights (e.g., religion, race) or suspect classifications.
• Rational Basis Review:
  • Requires the government to show rational grounds for the law (legitimate government

Landmark Supreme Court Case Summaries

First Amendment and Privacy Rights Cases

• Planned Parenthood v. Casey: Established the Undue Burden Standard; states can require parental notification for minors (with judicial bypass).
• Bowers v. Hardwick: Upheld state laws criminalizing sodomy (later overturned by Lawrence v. Texas).
• Cruzan v. Mo. Department of Health: Recognized the right to refuse life-sustaining treatment (Right to Die).
• Griswold v. Connecticut: Established the fundamental right to privacy regarding marital contraception.
• Regents of Univ. of California v. Bakke: Addressed affirmative action; race can be a factor in admissions, but numerical quotas are unconstitutional.
• Engel v. Vitale: Mandatory school prayer violates the Establishment Clause.

Ordinary Proceeding in Spanish Civil Law

1. Filing the Complaint: The plaintiff must attach all documents intended to support the claim.

2. Preliminary Examination: The court checks if the complaint meets the requirements for a decree of admission. Later, it is sent to the defendant for notification.

3. Service of Process: The defendant is expected to answer the claim within 20 days via a statement of defense or may request a motion on jurisdiction (declinatoria), which suspends the plea until resolved.

Preliminary Hearing: Article 414 CPA and Following

The Court will first ask the parties if they wish to reach an agreement.

Examination of Procedural Issues

The dispute between the parties is divided into three steps:

• Additional allegations
• Stands on

The UK Court System

The County Court

Deals with civil matters such as:

• Claims for debt repayment
• Personal injury
• Breach of contract concerning goods or property
• Family issues
• Housing disputes (mortgage, council rent arrears, repossession)

Most County Court cases are between people and companies who believe that someone owes them money.

The Crown Court

Deals with more serious criminal cases (murder, rape, robbery) which are on appeal or referred from the Magistrate's Court.

• Deals with cases transferred from Magistrate's Courts
• Hears appeals against decisions of the Magistrate's Courts
• Deals with cases sent for sentence from Magistrate's Courts

Trials are heard by a judge and a 12-person jury.

There are 77 Crown Courts across England and Wales.

The Supreme Court

In... Continue reading "The UK Court System: A Comprehensive Guide" »

Same-Sex Marriage in Spain

Context

On June 30, 2005, the Spanish Parliament legalized same-sex marriage.

Mr. Astarloa, empowered by seventy-one Members of the People’s Party Parliamentary Group in Congress, appealed for the unconstitutionality of Law 13/2005, which amended the Civil Code regarding the right to marry.

Summary of the Appeal

The petitioners did not oppose same-sex marriage itself but challenged the legalization process. They alleged the violation of Articles 9.3, 10.2, 14, 32, 39.1, 39.2, 39.4, 53.1, and 167 of the Spanish Constitution (SC).

They argued that the challenged law contradicted Article 32, which they interpreted as defining marriage exclusively as a heterosexual institution.

Furthermore, they contended that Article 14 SC,... Continue reading "Spanish Same-Sex Marriage Legalization: Constitutional Court Ruling" »

Alternative Dispute Resolution (ADR) Techniques

a) Negotiation

In negotiation, each party presents their case and proposes their desired outcome. The goal is to reach a mutually agreeable solution. Parties manage their own issues, presenting their case and choosing what information to disclose or conceal during the negotiation process. Sometimes, direct communication between parties is difficult, which leads to other ADR methods.

b) Mediation

Mediation is used when parties are willing to reach an agreement but struggle to communicate directly. A neutral third-party mediator facilitates communication, helping the parties reach a resolution. The mediator does not make a ruling but guides the conversation. Mediation is considered successful when... Continue reading "Alternative Dispute Resolution (ADR) Techniques" »