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

Management and Partner Authority

No partner may contradict or hinder the action of the sole manager partner. Management is entrusted as an express condition of the partnership contract, and such a manager may not be removed from their position.

If the manager misuses their powers and their management causes damage to the corporate assets, the remaining partners may:

• Appoint a co-manager from among them.
• Bring a claim for rescission of the sole manager's contract before the courts.

Management can be entrusted to one or more persons who are not partners, and the manager can delegate to third parties who are not partners. All partners are entitled to take part in the management and running of common business, including the right of veto.

When management... Continue reading "General Partner Obligations: Competition, Profit Sharing" »

1. Proposal

When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. (Section 2(a))

a. Promise

The word 'promise' in the act is used in a narrow sense to mean an accepted proposal. It is not the same thing as an agreement, which is defined under clause (e). The technical use of the word 'promise' in the Court Act is far narrower than the popular use. Express words of promise often are in law no narrower than a proposal. A proposal is merely an offer to be bound by a promise, and a promise in law is an accepted proposal. It is the promise only which can give rise to an agreement which, if enforceable by... Continue reading "Understanding Proposals, Consent, and Free Consent in Contracts" »

Trespass to the person

If there is direct interference with the person's body, it is called trespass to the person. If the interference is indirect, then it constitutes nuisance. Trespass can be committed with land, the person, and goods. Trespass is a direct action. Injury to the person has four kinds: 1. Assault, 2. Battery, 3. False Imprisonment, and 4. Mayhem

Assault

Assault is an act of the defendant, which causes the plaintiff reasonable apprehension of the infliction of battery on him by the defendant. The essential requirements of assault are:

• There should be some preparation of use of force.
• There should be reasonable apprehension of the use of force.
• There should be the ability of the defendant to carry out the threat.
• This act is of the

Types of Coverage

Basic Health Care Coverage.

• Hospital insurance: Pays for the cost of room and board and other medical expenses while you are in the hospital
• Surgical insurance: Covers the fees associated with the operating surgeon and anesthesiologist
• Medical insurance: Provides payments for general nonsurgical physician care at the office or hospital

Major Medical Coverage. This type of insurance provides protection after limits on basic health care coverage have been exceeded. Most policies have a coinsurance clause with:

• 80% of the covered expenses paid by the insurer
• 20% of the covered expenses paid by the insured

Long-Term Care Coverage. If you are unable to take care of yourself:

• Nursing or rehabilitative care at home
• Stay in a skilled nursing

What is an electoral process?

Acts ordered by the Constitution and the law itself, made by the electoral authorities, the national political parties and citizens, which aims the periodic renewal of the members of the Legislative and Executive branches of government.

What is a political party?

Can be considered as any permanent association of people who share the same ideology and seeks to participate in political power or wants to conquer it.

What is the electoral roll?

The electoral roll contains the names of the citizens who made an individual application to the INE, and that fulfill the constitutional and legal requirements, to get a voters card.

How often are deputies, senator and president chosen?

Deputies must be renewed every three years and... Continue reading "Understanding the Electoral Process and Political Parties in Mexico" »

Landmark Religious Freedom Cases

School Prayer Cases and the Lemon Test

• Engel v. Vitale (1962)

  • Mere promotion of a religion is sufficient to establish a violation, even if that promotion is not coercive.
  • School prayer is a religious activity by its very nature.

• Abington School District v. Schempp / Murray v. Curlett

  • Declared school-sponsored Bible reading in public schools in the United States to be unconstitutional.
  • Must be neutral (basis for prong 2 of Lemon Test).

Church of Lukumi Babalu Aye v. City of Hialeah

• The court struck down the city ordinance.
• The ordinance made it a crime to kill, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption.
• “The laws in question were enacted by

United Nations

Key Principles

Members should:

• Respect the sovereign equality of member states
• Refrain from the threat or use of force against the territorial integrity or political independence of any state
• Settle international disputes by peaceful means
• Support enforcement actions
• Fulfill in good faith all obligations assumed under the Charter

Key UN Charter Provisions

• Chapter I: Purposes and Principles (Art. 2(3), Art. 2(4), Art. 2(7))
• Chapter VI: Pacific Settlement of Disputes (Art. 33(1))
• Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, Acts of Aggression (Art. 39, Art. 41, Art. 42, Art. 51)
• Chapter VIII: Regional Arrangements (Art. 52, Art. 53)

6 Principle Bodies

Security Council

Primary responsibility for the maintenance... Continue reading "United Nations: Structure, Principles, and Key Provisions" »

Arrest

The arrest is sufficient if there is a submission to the custody by word or action, in which case, there is no need actual touch or confine of the body of such person. An arrest in police custody does not necessarily mean custody after formal arrest, but also includes some form of police surveillance and restrictions on the movements of the person concerned by police. Procedure for arrest of accused viz., (i) commission of offense, (ii) registration of FIR (iii) Start of investigation (iv) Collection of Evidence, and (v) arrest of the accused for the purpose of investigation.

2. Relevant Provision

Section 46 to 53 and 55 of Code of Criminal Procedure 1898

3. Reason for arrest

a. Matter of Public importance b. Administration of Justice

4. Definition

I. Legis Actiones

This archaic procedure allowed for self-help and private revenge while also incorporating a rigid, formal ritual. It consisted of two phases:

A. In Iure (Before the Magistrate)

This phase was steeped in formalism. The process began with a summons, a form of moral intimidation compelling the defendant to appear. Both parties would agree to return on another day for litigation. The legis actiones included:

1. Actio Sacramenti (Action by Oath): A general procedure used for concrete claims where the law did not provide a specific action. It could be in rem (to protect property rights) or in personam (to protect debt claims).
2. Actio per Iudicis Postulationem (Action at the Request of the Judge): Used to claim debts arising from stipulatio

The fixed periodic contract is considered a part-time contract for an indefinite term, formalized to perform fixed and periodic tasks within the ordinary volume of the company’s activity. The object of this contract relates to different tasks performed on certain dates, specifically during a specific period of the year, on a cyclical basis. In this respect, the start and end of each season are precise dates known by both parties, so employees do not need to be called to work by the employer.

The fixed-discontinuous contract is an indefinite-term agreement formalized to perform jobs of an intermittent nature that do not repeat on certain dates within the ordinary volume of the company’s activity. The start and end of each season are not exact... Continue reading "Fixed vs. Fixed-Discontinuous Contracts: Key Differences" »