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

Ethics and Business Principles

Ethics Defined

Ethics: Moral principles, as of an individual.

Business Ethics: Balancing the goal of profits with the values of individuals and society.

Legal and Ethical Foundations

• Positive Law: Legal framework
• Natural Law: Ethical framework

Categories of Ethical Behavior

• Integrity and truthfulness
• Promise keeping
• Fairness
• Loyalty
• Doing no harm
• Confidentiality

Resolving Ethical Dilemmas (The Three Questions)

1. Is it legal?
2. Is it balanced (considering the value of fairness)?
3. How does it make me feel?

Ethical Models

Warren Buffett's perspective is often cited in ethical discussions.

The Laura Nash Model

1. Identify the problem.
2. Look at the other perspective.
3. Determine what happened.
4. Who did your decision or action injure?
5. Could you discuss

Lecture 5: The Legal Framework

Devolution Settlements

• Scotland – Early devolution of legislative, executive, and judicial power. Note the separate Scottish legal system.
• Wales – Staggered process of devolution of mainly legislative and executive powers. Incremental growth from subordinate to primary legislative power.
• Northern Ireland – Different settlement which includes mainly legislative and executive powers within a collaborative framework.
• However, core authority for all power (legislative, executive, and judicial) remains in the hands of Parliament at Westminster.
• Understanding the separation of powers is now incredibly complex.

Judiciary

• Superior Courts
  • Supreme Court
  • Court of Appeal
  • High Court
  • Crown Courts
• Inferior Courts
  • Magistrates Courts
  • County

Employment Contracts

What is an Employment Contract?

An employment contract is an agreement between an employer and an employee. The employee provides services to the employer in exchange for remuneration. The contract marks the beginning of the employment relationship and establishes a series of rights and obligations for both parties. The employee works under the direction and organization of the employer.

Key Elements of an Employment Contract

Essential components include:

• Consent: Represents the free will of both parties to agree, without deception or fraud.
• Object: Defines the obligations of each party. The work performed must be personal, voluntary, paid, and dependent (under the employer's direction).
• Cause: The reason for the agreement –

Foundational Principles of American Government

Understanding the core concepts that define the United States political system:

• Popular Sovereignty: The political power resides within the people.
• Limited Government: No government is all-powerful; it is restricted by law.
• Separation of Powers: A basic principle of the American system of government, dividing authority among three independent branches: legislative, executive, and judicial.
• Checks and Balances: A system where each branch of government can limit the powers of the other branches, ensuring no single branch becomes too dominant.
• Judicial Review: The power of the courts to declare laws passed by Congress or actions taken by the Executive Branch unconstitutional.
• Federalism: Power is divided

Types of Crime Data

Crime data is generally categorized into two primary sources:

• Official Crime Data: Data collected by government agencies (e.g., FBI and the Department of Justice). Examples include the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS).
• Unofficial Crime Data: Nongovernmental data usually collected by private agencies and researchers. Examples include self-report studies, such as questionnaires and interviews.

Note: All sources of data, whether official or unofficial, possess distinct advantages and disadvantages.

Uniform Crime Reports (UCR)

The UCR is the best-known and most widely cited source of official crime statistics. Established in the 1930s, data is submitted voluntarily by police departments... Continue reading "Understanding Official and Unofficial Crime Data Sources" »

Understanding Advertising Regulations and Contracts

Core Principles of Truthful Advertising

Advertising must be veracious (true) and is required to inform the consumer about the qualities of the product or service.

Illegal Advertising Practices in Spain

According to the Spanish Constitution, illegal advertising practices include, but are not limited to:

• Subliminal advertising.
• Comparative advertising that is subjective (and therefore illegal).
• Denigratory or misleading advertising.
• Certain forms of product placement (e.g., undisclosed or misleading product integration in media like films).

Types of Prohibited Publicity

Several types of advertising are specifically prohibited:

Unlawful Advertising (Publicidad Ilícita)

This refers to advertising that violates... Continue reading "Spanish Advertising Law: Prohibitions & Contract Types" »

Chapter 10 Test Questions

True or False

1. A written contract is necessary to create a valid agency relationship. FALSE
2. An agency relationship is a fiduciary relationship. TRUE
3. A Standard Representation Agreement for a professional sport league would be considered an apparent agency agreement. FALSE
4. Ratification occurs when an agent did not in fact have authority to act of behalf of the principal, but the principal accepts responsibility for the agent’s acts. FALSE
5. Most athlete agent acts such as the UAAA regulate dealings only between athlete agents and student athletes. TRUE
6. One of the most consistent limitations imposed on athlete agents by the players associations is the registration and certification process for representing professional athletes.

Services of General Economic Interest (SGEI)

Public authorities identify Services of General Economic Interest (SGEI) as being important to citizens. These services are not supplied by market forces alone and may require public intervention.

Main Elements of SGEI

• Act of entrustment: Formal designation of a service provider for the SGEI.
• Public service obligation: The provider must carry out the service in the public interest under conditions defined by the State.
• Public service compensation: Financial support to offset the additional costs stemming from the public service obligation.

Why are SGEIs Important?

SGEIs can alter the market mechanism and be a source of distortion unless properly targeted. They pose a threat to competitive neutrality. Controls... Continue reading "Understanding Services of General Economic Interest (SGEI) and EU Financial Supervision" »

Athens and Sparta were the most important polis.

Athens: A New Political System

A new political system was established in Athens: a democracy or government by the people.

Institutions

• The Assembly: A meeting of the citizens where matters of interest were discussed and magistrates were appointed. Women, metics, and slaves were excluded.
• Boule: Their role was to draft the laws debated in the assembly and supervise the judges. Members were chosen by drawing lots.
• Judges: They applied the decisions made by the assembly. Appointed by the assembly for a year. Some were strategists, archons, and others were treasures who managed the resources.
• Supreme Courts: Their role was to deliver justice. Members were also chosen by drawing lots.

Sparta: An Oligarchy

Sparta... Continue reading "The Classical Age: The Golden Age of Greek Civilization" »