Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Free and Legal Evaluation of Evidence

Free and legal evaluation is the mental activity by which the Judge decides which fact is true or false. The Judge shall interpret and then evaluate.

• Interpretation: To comprehend the meaning of evidentiary results. You can’t assess anything if you don’t understand the meaning of an evidentiary result; you need to understand in order to evaluate.
• Evaluation: Assuming the Judge has understood the objective meaning, to which rules should the Judge adhere, to decide if a fact is true or false?

The general rule is the free evaluation of the evidence; the Judge is free to choose the rule of logic.

Free evaluation is a system in which the Judge is left to choose among the rules of human criteria and reason. The... Continue reading "Understanding Evidence Evaluation in Legal Proceedings" »

Mistakes in Procedendo and In Iudicando

In procedendo (mistakes committed before the judgement): when upholding an appeal, the Court finds a mistake before the First Instance judgement. The judgement upholding the appeal will order the case to be referred back to the Court of First Instance at the point where the mistake/procedural infringement occurred.

In iudicando (mistakes done when adjudicating): if the Court finds that the mistake was committed at the First Instance, it will rule on the matter of the case for a second time and substitute the judgement given by the First Instance Court.

The Court shall rule on the merits of the case.

Judgements Subject to Appeal in Cassation

There are strict limitations on what proceedings can be subject to... Continue reading "Procedural and Judgment Errors & Cassation Appeals" »

Legal Terminology

ARRAIGN OR BE ARRAIGNED: acusar o ser acusado, COUNSEL: consejo, COMBINED: conjunto, POTENTIALLY; TAXPAYERS: contribuyente, STATE: estado, RARELY; PAROLED: lib. condicional, ADDING: añadiendo, HEALTH; CARE: cuidado, INMATES: recluso, "TOUGH ON CRIME": difícil en el crimen, FULL; LESS: menos, WARMER: +calido, TURN OFF: apagar, TURN DOWN: rechazar, UNPLUG: desenchufar, THROW AWAY: tirar la basura, PUT ON: ponerse, MORE: mas, TAKE OFF: quitarse, TURN UP: aparecer, PLUG IN: enchufar, KEEP: guardar, COLDER: +frio, EMPTY: vacío, RELEASE: lanzamiento, ALLOWED: permitido, GUARANTEES: garantía, SPENT; AVAILABLE: disponible, LEAD: dirigir, DEEP: profundo, ARMED=ROBERRY: robo a mano armada, PAROLE BOAR: Junta de lib., TECHNICAL PROBLEM,... Continue reading "Legal Terminology and Criminal Justice System" »

History

• George Washington established a cabinet with four secretaries:
  • Secretary of State: Thomas Jefferson
  • Secretary of the Treasury: Alexander Hamilton
  • Secretary of War: Henry Knox
  • Attorney General: Edmund Randolph

National Level

• President: Head of State and Government, Commander in Chief.
• Vice President: Also elected by the people, serves as President of the Senate.
• Cabinet: Composed of 15 secretaries and the Vice President. Examples include the Secretary of State and the Secretary of the Treasury. All members are nominated by the President.

Agencies

• Secretaries of departments do not have rule-making power.
• US Agencies, on the other hand, have rule-making power.

Types of Agencies

1. Dependent Agencies: President → Cabinet → Agencies dependent on the

Write your text here!JUDICIAL COMMISSION OF PAKISTAN

            The Judicial Commission of Pakistan is a commission for the Appointment of Supreme Court and High Court Judges in Pakistan. The Chief Justice of Pakistan is the Chairman of Judicial Commission of Pakistan.

Basis of the Judicial Commission

On 20th April 2010, 18th Constitutional Amendment was passed in the Parliament of Pakistan. In pursuance Of the 18th Amendment, a Judicial Commission was proposed to be created to Recommend the appointment of Judges of the Superior Courts in Pakistan.

Relevant Article

            Article 175 A. Appointment of Judges To the Supreme Court, High Courts and the Federal Shariat Court.

Commission for the appointment of the Judges

Harmonization of standards

Two or more countries adopt a common set of standards

Mutual recognition of standards

Countries maintain their own standards, but accept the standards of others as valid and sufficient

Separate standards

Countries maintain their own standards and refuse to recognize the standards of others

• The International Labor Organization (ILO) proposed five labor standards as basic rights, revised by OECD:
• Prohibition of forced labor
• Freedom of association
• The right to organize and bargain collectively
• An end to the exploitation of child labor
• Nondiscrimination in employment

• Economists express four concerns over the use of trade measures to enforce standards:
• Effectiveness:
  • (a) only large countries or coalitions of countries can use trade

Canadian Intellectual Property Office (CIPO)

The process starts with a proposed use declaration, indicating that the trademark is being used. The status changes from 'Pending' to 'Registered Trademark' after a notice of allowance, typically 10-14 months after filing, provided there are no oppositions.

A trademark examiner approves the application for publication in the trademark journal. Within two months of publication, third parties can oppose the trademark.

United States Patent and Trademark Office (USPTO)

The Trademark Electronic Search System (TESS) is used for searches.

Form #11 in the USPTO filing process relates to the Madrid Protocol.

Serial Number/Registration number are key identifiers.

Trademark Trolls

Trademarks can be protected through... Continue reading "Trademark Registration: CIPO, USPTO, and International Systems" »

United Nations

The United Nations, a peace project succeeding the League of Nations, was founded in 1945. Fifty-one original members signed the UN Charter in 1945 or participated in the 1942 San Francisco conference where the Charter was drafted.

Security Council

The UN Security Council has five permanent members: China, France, Russia, the United Kingdom, and the USA. Other admitted members must agree to the following terms:

• Be a state
• Be peace-loving
• Accept the obligations
• Be able to fulfill the obligations
• Be willing to fulfill the obligations

The Security Council's main task is to maintain international peace and security. It has 15 total members, including 10 non-permanent members.

Organs

The UN has six main organs, one of which is now non-functional.... Continue reading "United Nations: Structure, Purposes, and Principles" »

Free Consent

Free Consent, as defined in Section 13, occurs when "two or more persons agree upon the same thing and in the same sense."

For example, if A agrees to sell his car to B, but A intends to sell his Maruti while B believes he is buying A's Honda, there is no consent because they haven't agreed on the same thing in the same sense. Consequently, there is no contract.

Section 14 states that consent is considered free when it is not caused or affected by the following:

• Coercion
• Undue Influence
• Fraud
• Misrepresentation
• Mistake

Coercion (Section 15)

Coercion involves using force or threats to compel a person to enter into a contract. The consent obtained under coercion is not free.

Undue Influence (Section 16)

Undue influence occurs when one party,... Continue reading "Understanding Free Consent and Contract Discharge" »

Mercantile Companies

Classification of Companies

Companies can be classified as either civil or mercantile. Partnerships can be further categorized into the following types:

• Collective Company
• Limited Partnership (Comanditary Company)
• Limited Partnership by Shares
• Limited Liability Company
• Anonymous Company (Corporation)

Companies can also be classified based on whether they are person-based or stock-based.

Concept of Mercantile Company

Article 35 of the Civil Code (CC) states that legal persons include associations of private interest, whether civil, business, or industrial, to which the law grants legal personality independent of that of each member. According to Article 36 of the CC, these legal persons are governed by the provisions relating to the... Continue reading "Understanding Mercantile Companies: Types and Legal Framework" »