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

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:

Essential Commercial and Financial Documents

Understanding the various commercial and financial documents is crucial for smooth business operations and international trade. Each document serves a specific purpose, ensuring clarity, legality, and proper record-keeping.

Order Proposal

An Order Proposal is a document by which the buyer or customer agrees to acquire goods ordered from the supplier.

• It is always signed by the person who makes the request.
• Each company will settle its own order.

Delivery Note

A Delivery Note is a document issued by the supplier or seller, detailing the goods being delivered.

• It accompanies a shipment of goods.
• It lists the description and quantity of the goods delivered.
• It is returned to the seller or consignor as proof of

The Conclusion of a Congress Meeting

The document is the conclusion of a meeting (the conclusion taken by a congress). The authors of this document are 118 Spaniards, and it was written on the 8th of June 1962. The subject is the conditions one state should have in order to be accepted in the European constitution. It was published in 1962, so it is after the European Economic Community. It is a first-level text, and the target readers are the people of the European constitution. The authors were living abroad because they were not allowed to live in Spain, so they met in Munich.

Changing Situation in Spain

The things are changing in Spain (we are in the second part of Franconism), the situation improved from the 50s. The recognition of Franco’s... Continue reading "Conditions for European Union Acceptance: The Spanish Case" »

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" »

Chapter 12: Legislative and Executive Powers Review

Leadership and Influence in Congress

Who holds the most power in the House and Senate?

• House of Representatives: The Speaker of the House.
• Senate: The Majority Leader.

Structural Differences Between the House and Senate

The structural differences between the two chambers affect debate rules and legislative speed:

• House of Representatives: Members serve shorter terms (2 years). Debate time is generally more restricted and limited by rules.
• Senate: Members serve longer terms (6 years). Debate time is often unlimited, leading to procedures like the filibuster.

Filibuster and Cloture Defined

• Filibuster: An attempt by a senator or group of senators to block or delay Senate action on a bill or other matter