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

Enhance your understanding of the English language with this comprehensive list of words and their precise definitions. From Resplendent to Compromise, each entry is designed to boost your verbal skills and enrich your communication.

Resplendent

Brilliantly shining; radiant; dazzling.

Resurrection

Return to life; revival.

Retort

To make a sharp reply.

Retrospect

Looking backward; a review.

Revamp

To revise; to renovate.

Revel

To enjoy thoroughly; to take delight in; to carouse.

Revile

To scold abusively; to berate; to denounce.

Revulsion

Loathing; repugnance; disgust.

Rhapsodize

To speak extremely enthusiastically; to gush.

Ribald

Indecent or vulgar; off-color; talking about sexual matters.

Rife

Occurring frequently; widespread; common; swarming.

Rivet

... Continue reading "Expand Your Vocabulary: Key English Words Defined" »

Obligations and Contracts in the Hospitality Industry

Introduction

Transactions drive market trade, with individuals, private companies, and public entities engaging in contracts and performing transactions. A market is essentially an exchange of relationships governed by rules. Most obligations in civil law stem from contracts, although some, like parental responsibilities, do not.

Key Concepts

Power and Parties

Individuals have the power to compel others to fulfill obligations (e.g., a hotel guest must pay for their stay). Every obligatory relationship involves two legal entities, not necessarily individuals.

Intuitu Personae

This refers to situations where a specific person's skills are required, such as a surgeon or a Michelin-star chef.

Obligation

... Continue reading "Understanding Obligations and Contracts in the Hospitality Industry" »

Financial and E-commerce Terms

Banking and Finance

• Accept: To agree to receive or undertake something offered.
• Annuity: A fixed sum of money paid to someone each year, typically for the rest of their life.
• Appraisal: An expert estimate of the value of something.
• Arrangement Fee: A fee charged by a lender to cover the administrative costs of setting up a loan.
• ATM (Automated Teller Machine): A machine that dispenses cash or performs other banking services when an account holder inserts a bank card.
• Bank Wire: An electronic transfer of funds.
• Beneficiary: A person who derives advantage from something, especially a trust, will, or life insurance policy.
• Borrow: To take and use (something belonging to someone else) with the intention of returning it.
• Branch:

... Continue reading "Financial and E-commerce Terms: A Comprehensive List" »

Business Growth and Corporate Classification

Classification by Global Management

Multinational Company: A company with significant sales in other countries, possessing industrial plants abroad, and managed in a global way.

Robinson's Classification of International Companies

1. Multinational: The main company chooses from the other countries/companies.
2. National: Operates in only one country.
3. International: Every subsidiary chooses what actions to take.
4. Transnational: Origin is irrelevant; individuals from any country can hold chief executive positions.
5. Supranational: Every subsidiary must obey the law of its country (though they are not legally subject to a specific country).

Perlmutter's EPRG Framework (Strategic Orientation)

This framework classifies... Continue reading "Corporate Growth Strategies: Internationalization and Concentration" »

Steps to Incorporate a Company in Spain

1. Name Reservation

The first preliminary step is to obtain a certificate of clearance for the company's name from the Spanish Commercial Registry. This ensures the name is available for use. Once issued, the name is reserved for six months.

2. Provisional Tax Identification Number (NIF)

You must be assigned a provisional tax identification number to proceed with paperwork, file tax returns, execute the public deed, and register with the Commercial Registry. There are two procedures to request this number:

• Ordinary: Execution by future shareholders of an agreement to set up the company, including the purpose, initial share capital, and registered office. This can be amended later.
• Telematic: Everything is processed

... Continue reading "How to Incorporate a Company in Spain: Legal Requirements" »

4th Amendment: Search and Seizure

1. Search Analysis

A search occurs if there is government action and a Reasonable Expectation of Privacy (REOP). The test requires:

• Actual expectation of privacy.
• Expectation recognized as reasonable by society.

Included: Pen registers, trash, aerial surveillance, dog sniffs, and open fields.
Excluded: Thermal imaging and curtilage.

2. Standing

To challenge a search, one must have a legitimate expectation of privacy in the place searched. This typically includes homeowners and overnight guests (considering factors like keys, occupancy, and personal belongings). It generally excludes those present for only a few hours or for commercial purposes.

3. Warrant Requirements

A valid warrant requires Probable Cause (PC) and... Continue reading "4th Amendment Search and Seizure Legal Principles" »

Key Legal Terminology and Definitions

• Criminal Law: A violation against the public, often involving harm to persons or possessions.
• Civil Law: A violation of a contract or a dispute between individuals or entities (e.g., contract law).
• YCJA (Youth Criminal Justice Act): Legislation governing young persons accused of crimes.
• Quid pro Quo: Something for something (a favor or advantage granted in return for something else).
• Plea Bargain: Pleading guilty for a lesser penalty or charge.
• Self-Incrimination: Behavior or testimony that suggests one is guilty.
• Capital Punishment: Execution (the death penalty).
• Summary Conviction Offense: A less serious crime, often resulting in release until trial.
• Indictable Offense: A serious offense, where the accused may

... Continue reading "Essential Concepts of Criminal Law and Justice Systems" »

The Council of National Government Ministers

The Council of national government ministers from each of the 28 member states. There are two ways for taking a decision:

1. Ordinary Procedure

In the ordinary procedure, the Council and the Parliament have to consider, amend, negotiate, and adopt EU legislation. The EU legislation is normally proposed by the Commission. If they reach agreement, they can adopt the legislation at first reading. If not, at the second reading, the two institutions still can not agree, a Conciliation Committee is convened.

2. Extraordinary Procedure

This procedure is used for a few specific cases: the consent procedure and the consultation procedure. Once adopted, they have to implement the EU legislation as a national law.... Continue reading "EU Council Decision Making and OSCE Security Focus" »

Matching

• Abrams (Bad Tendency Test)
• Clark v. CCNN (homeless people protest)
• Gitlow (applied bad tendency test to states)
• Boy Scouts v. Dale (permitted it to be boys only)
• Krishna (airports not a public forum)

Short Answer

Miller Test and Historical Standards

• Hicklin Test

  Prior to Supreme Court review of obscenity, courts followed the Hicklin Test, which asked whether the material would "corrupt those whose minds are open to such immoral influences" and whether it would be harmful in the hands of vulnerable readers.

  • Determined to restrict artistic expression in broad terms.
• Prurient Interest Test

  Before the Court adopted the Miller standard, the test shifted to whether, to the average person applying contemporary community standards, the material appeals

... Continue reading "First Amendment Obscenity Tests, Scrutiny Levels & Key Cases" »

Due Diligence

Property Verification

• Concordance between the property description in the Land Registry and the physical reality.
• Verification of charges and encumbrances on the property in the Land Registry (mortgages, usufructs, easements, seizure notes, etc.).
• Confirmation that the property is free of tenants or occupants.
• Review of the Community of Owners' agreements.
• Verification of no administrative infringements or penalty procedures.

Documentation

• Public deed of property ownership and registration.
• Certificates/Single Notes from the Land Registry to verify title, charges, and encumbrances.
• Cadastral Value.
• Receipt of I.B.I. (Property Tax) for the last fiscal year.
• Documents proving payment of the Property Tax (IBI) and the Rubbish Tax (Tasa de basura)

... Continue reading "Real Estate Purchase Due Diligence and Contract" »