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

Consensual Transfer Systems

In a consensual transfer system, ownership passes the moment the contract of sale is made. The contract itself transfers ownership of the object to the buyer; this is also called the “solo consensus rule.”

French Law and the Solo Consensus Rule

In French law, the obligation to transfer an object is performed by the sole consensus between the contracting parties. It makes its creditor the owner and places the object at the latter’s risk the moment it ought to have been transferred, even if a transfer of possession has not taken place. This system differs from the Roman system and is based on moral relations between people. It is favorable to commerce because it does not need corporal delivery of the object; intent... Continue reading "Ownership Transfer Systems in European Law" »

Judicial Activism

“Judicial activism” refers to actions by courts to nullify or refashion government laws and policies.

Legislative Supremacy

Established by the Constitution Act of 1867, legislative supremacy grants Parliament the authority to enact laws on any topic within federal jurisdiction.

Pith and Substance

A legal doctrine used to determine which level of government has authority over a particular matter. It focuses on the essential character of the law.

Residual Power

Power held by a governmental authority after specified powers have been delegated to other authorities.

Intra Vires

Within the government's jurisdiction. Indicates that an agency has authority over a matter and can take specific actions.

Ultra Vires

Beyond the government's jurisdiction.... Continue reading "Canadian Constitutional Law: Key Concepts and Principles" »

Principles of Public Administration

The fundamental principles governing public administration include effectiveness, hierarchy, decentralization, deconcentration, and coordination.

General principles for effective service to citizens include:

• Simplicity, clarity, and promotion of citizen participation.
• Objectivity and transparency of administrative action.
• Rationalization and agility of administrative procedures and material management.
• Good faith, legitimate expectation, and institutional loyalty.
• Responsibility for public management, planning, and management by objectives.
• Economy, sufficiency, and strict adaptation of means for institutional purposes.
• Efficiency in the allocation and use of public resources.
• Cooperation, collaboration, and coordination

Chapter 1 Review: Understanding Risk

Key Risk Management Terms

Types of Risk

• Systemic Financial Risk: Risk that affects the entire economy or system, not just individuals.
• Risk: Uncertainty about a future outcome, particularly a negative one.
• Pure Risk: Risk with the possibility of loss but no chance of gain.
• Speculative Risk: Risk with the possibility of both gain and loss.
• Fundamental Risk: Risks that are pervasive to the whole economy, also known as "systemic" risk.
• Diversifiable Risks: Risks that can be mitigated by having a broad mix of risk exposures.

Risk Attitudes

• Risk Averse (Avoider): Prefers to avoid risks and seeks security.
• Risk Seeker (Taker): Enjoys taking risks.
• Risk Neutral: Preference lies between risk averse and risk seeker.

Risk Management

BBRG's Mission Statement

"We strive to be the best Italian restaurant company in America, and we want our people to know they work with the best. We will develop loyal, lifelong guests by delivering the highest quality food and service to each guest at each meal, each and every day."

Service Commitment

At BBRG, we provide flawless service of our world-class product. We seek to employ team members who share in that hospitality commitment and possess a desire to serve. If we should miss the mark, recovery is a must, as exceptional service breeds exceptional loyalty from our highly satisfied guests.

Menu Highlight

Grilled Mahi - Lightly breaded mahi on a bed of farro, spinach, tomato, and basil vinaigrette.

Essential Steps for Buying a Used Car

Follow... Continue reading "BBRG: Italian Dining Excellence & Used Car Buying Tips" »

The Origins of the Global Trade System

Following the 1929 stock market crash, governments lost mutual trust and implemented protectionist measures to restrict imports. Consequently, global trade experienced a 66% reduction over the subsequent four years. However, the post-World War II era brought significant changes to the international trade system. These shifts were driven by Anglo-American cooperation and the American preference for open market arrangements and a multilateral, rule-based system designed to limit unilateral national action.

The Establishment of GATT

In 1948, 23 countries approved the General Agreement on Tariffs and Trade (GATT) at the Conference on Trade and Employment in Havana, following initial tariff reduction agreements... Continue reading "The Evolution of GATT and the Rise of the WTO" »

Legal Terms Glossary

A

Adjournment

A pause or rest during a formal meeting or trial, or the act of giving a pause or rest.

Adjudication

A legal ruling or judgment that is typically final.

Adversarial System

A system by which the accused and the accuser present their arguments in court to be decided by a third party.

Affidavit

A type of verified statement or showing.

Appeals

The process of applying to a higher court for the reversal of the decision of a lower court.

Aquittal

To free someone from a criminal charge by a verdict of not guilty.

Arraignment

The scheduled appearance where the accused either pleads guilty or not guilty.

C

Claimant

Complainant.

Conditional Sentence

Jail in the community; the offender serves the sentence outside of jail.

Cross-Examination

The... Continue reading "Legal Terms Glossary: From Adversarial System to Transcript" »

The World Trade Organization: Structure and Functions

While the GATT was a contractual agreement among its member states, the WTO is an international organization with a legal personality. Its main function is to ensure that trade flows as smoothly, predictably, and freely as possible to liberalize trade.

WTO Governance and Decision-Making

The formal actors in the WTO are the member states. The principal decision-making body is the Ministerial Conference, which meets every two years. Because it meets infrequently, it has delegated its competence to the General Council, which consists of all 164 WTO members. The General Council also acts as the:

• Dispute Settlement Body
• Trade Policy Review Body

The organizational structure of the WTO is completed by... Continue reading "Understanding the World Trade Organization: Structure and Functions" »

Organizing Transportation

Unit Load Device

Pallet or container used to load luggage, freight, and mail on wide-body aircraft and specific narrow-body aircraft.

Full Container Load

Standard container that is loaded and unloaded under the risk and account of the shipper or consignee.

Container Yard

Port facility at which containers are accepted for loading onboard ships, and off-loaded containers are delivered to the consignees.

Less Container Load

Shipping term for cargo that is insufficient either in quantity or weight to qualify for the freight rates applied to a standard shipping container.

Customs Policy

Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods into and out of a country.... Continue reading "International Shipping Glossary: Understanding Key Terms & Processes" »

26.The Supreme Court case Miranda v. Arizona (1966)

Criminal suspects must be informed of their Right to consult with an attorney and of their right against self-incrimination Prior to questioning by the police.

27.The Supreme Court in the case United States v. Richard Nixon (1974) ruled that Nixon must

Give up evidence but he refused

28.As president, Jimmy Carter called for a foreign Policy that stressed the importance of

Human Rights

What Have scientists discovered about the DNA structure?

It is unique and it can be used to solve issues.

30.In 1992, severe rioting In Los Angeles began in response to the

Verdict in the trial of the police in the Rodney king beating

31.In 1979, the United States responded to the Soviet Union’s invasion of Afghanistan... Continue reading "A History of American Politics and Law from 1965 to 2002" »