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

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Understanding the Westminster Model and UK Political System

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  • 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
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Vocabulary Definitions and Biographical Information

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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
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Thomas More: Conscience, Principles, and the Act of Succession

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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" »

Spain's Supreme Law: The 1978 Constitution and Its Reform

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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" »

Section 78 PACE: Exclusion of Illegally Obtained Evidence

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Illegally Obtained Evidence and Justice

Illegally Obtained Evidence (IOE) - Jeremy Bentham once stated that evidence is the basis of justice. To exclude evidence is to exclude justice. However, is this truth maintained in situations where evidence has been obtained illegally?

Common Law Position before PACE

Before the codification of the Police and Criminal Evidence Act (PACE), judges generally adhered to the common law (CL) position. Crompton J in R v Leatham stated that even if the evidence was stolen, the evidence is still admissible. This shows that the common law completely neglected the method by which evidence was obtained and focused only on the end result. Therefore, as long as the evidence was relevant at the time, it did not matter

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A Comprehensive List of English Vocabulary Terms

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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)
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Trademark Infringement and Penalties Under Pakistani Law

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Trademark Infringement Under the Trade Marks Ordinance 2001

The Trade Marks Ordinance 2001 outlines the legal framework for protecting intellectual property rights in Pakistan, specifically addressing trademark violations.

Infringement of Trade Marks

Sections 39 and 40 of the Ordinance define trademark infringement. Section 39 establishes a registered trademark as the proprietor's personal property. Any unauthorized use of the mark for trade in a manner similar to the registered goods or services constitutes infringement under Section 40. Displaying "registered goods" on packaging serves as a notice of prohibition (Section 41).

Action for Infringement

Section 46 grants the trademark proprietor the right to pursue legal action against infringement.... Continue reading "Trademark Infringement and Penalties Under Pakistani Law" »

Phrasal Verbs, Crime, and Legal Vocabulary

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Essential Phrasal Verbs

  • Set off - Start a journey
  • Hand over - Give something to someone officially
  • Share out - Divide something between people
  • Move out - Leave your home permanently for a new home
  • Set up - Establish/start something
  • Spring up - Appear or develop quickly
  • Come up against - Be faced with or opposed by something
  • Put up - Build or erect something

Crime and Legal Vocabulary

General Terms

  • Curfew - Time when someone is not allowed to leave their home.
  • Witnesses - People who saw something happen and can give evidence.
  • Disorderly conduct - Violent or noisy behavior in public.

Court and Legal Proceedings

  • Juries - Group of people who listen to court cases and decide on a punishment.
  • Judge - A person in court who has the authority to decide a punishment.
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Smith v. VanGorkom: Business Judgment Rule and EMH

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Smith v. VanGorkom

-Business Judgement Rule

-Unocal/ Enhanced BJR

No Shop Clause

•Van Gorkom outlined the terms of the Pritzker offer as follows:

  • Pritzker would pay $55 in cash for all outstanding shares of Trans Union stock upon completion of which Trans Union would be merged into New T Co., a Pritzker subsidiary formed to implement the merger

•for a period of 90 days, Trans Union could receive, but could not actively solicit, competing offers; (868)

Outside Valuations

Spanish Labor Law Concepts and Employment Regulations

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Minimum Relative Mandatory Law

¿Qué es una norma relativamente imperativa de mínimos? (Minimum relative mandatory law) - Tema 1

It does not contradict a minimum relative mandatory law, i.e., those legal rules that impose the minimum conditions of employment favorable to the workers (these legal rules do not permit worse working conditions). This means that a Collective Bargaining Agreement (CBA) may provide better working conditions than those regulated by this kind of mandatory law. In that respect, most labor legal rules are of this type (i.e., those legal rules that impose the minimum conditions of employment favorable to the workers).

Trial Period Dismissal Limits

¿El desistimiento del contrato de trabajo por parte del empleador durante

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