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

Exercise 1: Legal Terminology

1. Commits
2. To sue
3. Press
4. Offenses
5. Crimes
6. Felonies
7. Defendant
8. Imprisonment
9. Settlement
10. Ensure

Exercise 2: Legal Concepts

Land Law vs. Immigration Law

• Land Law: Regulates property ownership, use, and disputes over real estate or land. It deals with property and land use (derecho de propiedad).
• Immigration Law: Regulates the entry, stay, and removal of individuals in a country.

Barrister vs. Solicitor

• Barrister: A lawyer who specializes in court advocacy and litigation.
• Solicitor: Provides legal advice, prepares documents, and represents clients outside the courtroom.

Defendant vs. Prosecutor

• Defendant: The person accused of a crime in a court case.
• Prosecutor: A legal representative who brings charges against the defendant on behalf of the

What is a Profession?

Definitions and Traits

What is the difference between a profession and an ordinary job? Here are some key definitions and traits:

• Dictionary Definition: According to Littrich & Murray, citing the Oxford English Dictionary, a profession is “a vocation or calling, especially one that involves some branch of advanced science or learning.”
• Common Traits (Millerson in Littrich & Murray):
  • Skill based on a body of theoretical knowledge.
  • Provision of training and education.
  • Testing competence prior to entrance.
  • Organisation.
  • A code of ethics.
  • An ethos of altruistic service.
  • Selflessness.
• Dal Pont’s Common Attributes of a Profession:
  • Special skill and learning.
  • Public service.
  • Differentiates from other professions.
  • Self-regulation

Manner and Form Requirements

Trethawon - The Privy Council upheld the manner and form of restriction on the Australian legislature. Even though it can be distinguished on the basis that, at the time, Australia had a colonial legislature as compared to New Zealand's sovereign Parliament.

Westco (HC) - Manner and form requirements can be applied (Obiter). At [93], McGechan J said, “While the point does not arise directly in this case, which is not a “manner and form” case but is a “content” case, I see no reason why the Court could not intervene in cases of non-compliance with the mandatory manner and form requirements as to passage of legislation at some suitable point before enactment.” If the content of the legislation offends, the... Continue reading "New Zealand Constitutional Law: Manner, Form, and Conventions" »

Understanding Law

Law is a system of rules and guidelines created and enforced by social or governmental institutions to regulate behavior. It plays a crucial role in maintaining order, protecting individual rights, and resolving disputes within society. Laws can vary widely between different countries and cultures, but they generally serve similar purposes, such as promoting justice and ensuring that individuals can coexist peacefully.

Types of Law

• Criminal Law: Governs crimes and punishments, defining offenses against the state or public.
• Civil Law: Deals with disputes between individuals or organizations, often involving compensation or restitution.
• Administrative Law: Regulates the activities of governmental agencies and ensures they follow

Contract of Agency: Fundamentals and Formation

Defining Agency and the Agent's Role

A contract of agency establishes a legal relationship where one person (the principal) authorizes another (the agent) to perform work or transact on their behalf with third parties. In this arrangement, the agent’s role is not merely to conduct errands but to represent the principal by binding them through acts performed within the granted authority. As defined under many legal frameworks—including the Indian Contract Act, 1872 (see, for example, Section 182)—an agent is “a person employed to do any act for another or to represent another in dealings with third persons.”

Essence of Agency Relationships

The value of an agency relationship lies in its capacity... Continue reading "Key Legal Frameworks in India: Commercial and Digital Laws" »

National Company Law Tribunal (NCLT): An Introduction

The National Company Law Tribunal (NCLT) is a quasi-judicial body established under the Companies Act, 2013 to consolidate and handle all matters related to company law, insolvency, and corporate disputes. It was constituted on June 1, 2016, and functions as a replacement for multiple earlier bodies such as the Company Law Board (CLB), the Board for Industrial and Financial Reconstruction (BIFR), the Appellate Authority for Industrial and Financial Reconstruction (AAIFR), and High Court jurisdictions in certain corporate matters.

NCLT aims to provide speedy, efficient, and specialized adjudication in corporate matters, thereby improving the corporate governance and insolvency resolution framework... Continue reading "National Company Law Tribunal (NCLT): Functions and Role in India" »

PUB

("Proprioception"[Mesh] OR "Postural Balance"[Mesh] OR "Sensory Receptor Cells"[Mesh] OR ("proprioception"[Title/Abstract]) OR ("postural balance"[Title/Abstract]) OR ("sensory receptor cells"[Title/Abstract])) AND ("Rehabilitation"[Mesh] OR "Physical Therapy Modalities"[Mesh] OR "Exercise"[Mesh] OR ("rehabilitation"[Title/Abstract]) OR ("physical therapy modalities"[Title/Abstract]) OR ("exercise"[Title/Abstract])) AND ("Sports"[Mesh] OR "Soccer"[Mesh] OR "Tennis"[Mesh] OR ("sports"[Title/Abstract]) OR ("soccer"[Title/Abstract]) OR ("tennis"[Title/Abstract])) Filters: Clinical Trial, Meta-Analysis, Randomized Controlled Trial, from 2020 - 2024

EBS

(DE "PROPRIOCEPTORS" OR DE "PROPRIOCEPTION") OR (DE "MUSCULAR sense") OR AB (PROPRIOCEPTION... Continue reading "Proprioception and Rehabilitation in Sports Medicine: A Systematic Review" »

Key Supreme Court Cases

Roper v. Simmons: Death Penalty for Minors

The Supreme Court ruled that the death penalty for minors is unconstitutional. This decision considered the national consensus of state laws and international standards as a measure of evolving standards of decency.

Marbury v. Madison: Establishing Judicial Review

In Marbury v. Madison, the Supreme Court asserted its power of judicial review. Marbury argued that the Judiciary Act of 1789 granted the Supreme Court original jurisdiction to order the delivery of his commission. However, the Court found that this Act conflicted with Article III of the Constitution, which defines the Court's original jurisdiction. While Marbury had a right and a remedy, the Court ruled he must pursue... Continue reading "Landmark US Supreme Court Cases & Constitutional Principles" »

Qualification and Disqualification of Candidates

This document outlines the qualifications and disqualifications for becoming a member of Parliament and State Legislatures, drawing from the Constitution of India (Articles 84, 101, 102, 103, 104 for Parliament, and 173, 190, 191, 192 for State Legislatures) and Sections 3 to 11A of the Representation of the People (R.P.) Act, 1951.

Constitutional Disqualifications for Legislators

• Holding any office of profit under the Government of India or the government of any state.
• Being of unsound mind as declared by a competent court.
• Being an undischarged insolvent.
• Not being a citizen of India.
• Disqualification by or under any law made by Parliament (including the 10th Schedule).

Relevant Sections of the R.P.

The aim is to create a single market in the EU where products can move as if there were no borders. This means NO:

• Customs duties between countries
• Hidden charges (CHEEs)
• National rules that make trade harder (MEEs)
• Taxes that discriminate against foreign products

Exceptions are only allowed when they are justified (e.g., health, safety, morality, etc.) and pass the proportionality test.

Prohibition of Tariffs and Charges (Art. 30 TFEU)

Prohibited between Member States:

• Customs duties (aranceles): A monetary charge for crossing a border. Always prohibited, even if small or non-protectionist.
• CHEEs (Charges Having Equivalent Effect): An impuesto disfrazado de otra cosa (tax disguised as something else). A unilateral charge on imports/exports not linked