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

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" »

The Preamble of the Indian Constitution serves as the introduction and guiding light of the document, reflecting its philosophy and objectives. It embodies the vision and aspirations of the framers, capturing the essence of Indian democracy and its commitment to justice, liberty, equality, and fraternity.

Historical Background

The idea of a preamble was not new to constitutional drafting. Influenced by the preambles of other nations, such as the United States, the framers of the Indian Constitution sought to encapsulate the spirit of the entire document in a concise, powerful statement. The Preamble was adopted on November 26, 1949, and came into effect on January 26, 1950, along with the rest of the Constitution. Dr. B.R. Ambedkar, the Chairman... Continue reading "The Preamble of the Indian Constitution: Principles and Values" »

• Westminster Model: parliamentary sovereignty and supremacy of UK. Makes parliament the supreme legal authority, which can create or end any law
  • Fusion of powers: executive/legislative branches together; PM is head
• Backbenchers: rank and file MP’s of the majority party not part of the gov. or the opposition; sit in rows of benches behind their party’s spokesperson
• Shadow Cabinet: opposition; sits across the majority party; designated replacement
• Margaret Thatcher (1979-1990): conservative, moving away from corporatist interest groups and from welfare, wanted privatization/Thatcherism/Neoliberalism
  • Bully authoritarianism/austerity; no to labor unions, created social divides
  • Took Keynesianism to monetarism (many permanent changes)
• Whips: MP of the

Vocabulary Definitions

• Ability: n. a skill that enables beings to perform tasks. (syn. skill)
• Abuse: n. the act of exceeding use or consumption. (syn. misuse)
• Argument: n. a viewpoint supported by real evidence.
• Behavior: n. a conduct that characterizes living beings and organisms. (syn. conduct)
• Bullying: n. the act of hurting or frightening someone smaller or less powerful.
• Conflict: n. a disagreement, difference or quarrel among people. (ant. harmony)
• Debate: n. a formal discussion of an issue in a given context.
• Feeling: n. an emotion towards a person or thing. (syn. emotion)
• Incident: n. a given event, happening or situation.
• Judgment: n. a decision derived from a particular issue. (syn. conclusion)
• Lonely: adj. characterized by being alone, without

Thomas More and the Ideals of Humanism

His book Utopia is a foundational text in Humanism, describing an ideal world governed by reason. More represented the emerging “nobility of merit”; born without privilege, he earned the King’s favor. However, he eventually lost this standing when he refused to accept the King’s conditions, as depicted in the text where he is questioned by three nobles for refusing to swear the oath to the Act of Succession.

The 1534 Act of Succession

The First Act of Succession, signed in 1534, appointed Princess Elizabeth—daughter of King Henry VIII and Anne Boleyn—as the true successor to the Crown, while declaring Princess Mary, daughter of Catherine of Aragon, a bastard. Refusal to take the oath was considered... Continue reading "Thomas More: Conscience, Principles, and the Act of Succession" »

The Spanish Constitution: Supreme Law of Spain

The Spanish Constitution stands as the supreme law of the Spanish legal system, to which both authorities and citizens of Spain are subject.

Purpose and Core Principles

The development of a constitutional text primarily aims to define the functions of state powers and establish citizen guarantees. With the creation of the Spanish Constitution, Spain transitioned to a social and democratic state of law, advocating values such as freedom, justice, and equality. Furthermore, the Constitution entrenches the principle of national sovereignty, which resides in the people, and establishes a parliamentary monarchy as the form of government. The King serves as Head of State, and the division of powers, a fundamental... Continue reading "Spain's Supreme Law: The 1978 Constitution and Its Reform" »

Essential Vocabulary List

• Profound: (profundo) Showing deep insight or understanding; going beyond what is obvious or easily seen.
• Apathetic: (apático) Having or showing little emotion or excitement; indifferent.
• Ineffable: (inexplicable) That cannot be expressed in words.
• Skeptical: (escéptico) Inclined to have doubt or doubts.
• Utilitarian: (utilitario) Designed to be useful or practical rather than attractive.
• Inept: (inepto) Without skill or aptitude for a particular task or assignment; maladroit.
• Parody: (parodia) A feeble or ridiculous imitation.
• Skirmish: (escaramuza) A minor dispute or contest between opposing parties.
• Discern: (discernir) To detect with senses other than vision.
• Fickle: (voluble) Easily rolling or turning.
• Apprehensive: (aprensivo)