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

The Conclusion of a Congress Meeting

The document is the conclusion of a meeting (the conclusion taken by a congress). The authors of this document are 118 Spaniards, and it was written on the 8th of June 1962. The subject is the conditions one state should have in order to be accepted in the European constitution. It was published in 1962, so it is after the European Economic Community. It is a first-level text, and the target readers are the people of the European constitution. The authors were living abroad because they were not allowed to live in Spain, so they met in Munich.

Changing Situation in Spain

The things are changing in Spain (we are in the second part of Franconism), the situation improved from the 50s. The recognition of Franco’s... Continue reading "Conditions for European Union Acceptance: The Spanish Case" »

The Evolution of the Regulatory State in the EU

The role of government in the economy has significantly evolved. We can identify distinct phases:

1. Positive State: Initially, governments often owned and controlled key industries.
2. Liberalization: A shift occurred towards liberalization, with governments reducing direct control and allowing greater private sector involvement.
3. Growth of the Regulatory State: Industries became increasingly governed by private companies, but with regulations set and overseen by both private and public entities.

Factors Contributing to the Decline of the Positive State

• Privatization: Private companies gained control of industries previously managed by the state.
• Europeanization: The increasing influence of the European Union

This text is composed with articles of the Basque autonomy statute (1979) elaborated by Basque representatives and approved by the Central government and ratified by the king. It is a first level text and Suarez signs the ratification document.

After the Civil War 40 years of Francoism started and when the General died, when Franco died Juan Carlos prince became the new king. He maintained as head of the government Arias Navarro, already appointed by Franco. The king was the person who appeared in favor of the breaking up. He had two possible ways to govern: to continue with Francoism or to break up with it. As the king wanted democracy, Arias Navarro decided to end up with Francoism. The role of the king was very important. He asked Arias Navarro... Continue reading "History of Basque Autonomy Statute and Its Impact on Spain" »

Chapter 12: Legislative and Executive Powers Review

Leadership and Influence in Congress

Who holds the most power in the House and Senate?

• House of Representatives: The Speaker of the House.
• Senate: The Majority Leader.

Structural Differences Between the House and Senate

The structural differences between the two chambers affect debate rules and legislative speed:

• House of Representatives: Members serve shorter terms (2 years). Debate time is generally more restricted and limited by rules.
• Senate: Members serve longer terms (6 years). Debate time is often unlimited, leading to procedures like the filibuster.

Filibuster and Cloture Defined

• Filibuster: An attempt by a senator or group of senators to block or delay Senate action on a bill or other matter

Economic and Social Policy Definitions

• Poverty Line: The official standard regarding what level of annual cash income is sufficient to maintain a decent standard of living; those with income below this level are eligible for most public assistance programs.
• Literacy Test: An examination of a person’s ability to read and write as a prerequisite to voter registration, outlawed by the Voting Rights Act of 1965 as discriminatory.
• GDP: A measure of economic performance in terms of the nation’s total production of goods and services for a single year.
• SNAP: A public assistance program that provides low-income households with coupons redeemable for enough food to provide a minimal nutritious diet.
• Medicare: A social insurance program that provides

What Pushed Congress Towards a Declaration of War?

President McKinley was responsible for pushing Congress to authorize the war. Ironically, at the start of his presidential term, he actually wanted to steer the US away from any involvement in war. However, after an explosion on an American battleship, which killed 260 of its members, the public wanted aggressive action against Spain, which is what led McKinley to do so.

What Is the Teller Amendment?

The Teller Amendment was a result of President McKinley going to Congress in order to use force against the Spanish in the Spanish-American War. The amendment was passed in order to authorize the war. The amendment stated that the US didn't have any intentions to annex Cuba.

Describe the US Involvement

Introduction to Criminal Law

Key Definitions

Traffic Infraction: Any offense defined as a "traffic infraction."

Misdemeanor: An offense, other than a traffic infraction, punishable by a sentence of 15 days to less than one year.

Violation: An offense, other than a traffic infraction, punishable by a sentence of less than 15 days.

Act: Bodily movement.

Omissions: A form of actus reus. This could include failing to warn others about a dangerous situation you created (e.g., not feeding an infant left in your care).

Actus Reus: Commonly defined as a criminal act resulting from voluntary bodily movement.

Sources of Law

1. Constitution: Identifies basic rights and obligations.
2. Statute: A law passed by a legislature (federal/state).
3. Case Law: Law established by

Basic Principles of a Contract

Canons of Interpretation

• As an integrated whole
• Most strictly against the party that drafted the document in the case of an ambiguity
• Perspective of the worst-case scenario

Fundamental Aspects of a Contract

• Agreement
• Consideration
• Capacity
• Legality

Legal Remedies and Damages

• Compensatory damages
• Specific performance
• Restitution
• Penalty provision
• Rescission

Types of Authority

• Actual authority
• Apparent authority

Defamation

Tort theories and employment.

Public Policy Protections

• Employment discrimination
• Whistleblowing
• Cooperation in an investigation against the company
• Submission of unfair labor practice charges
• Complaints about safety hazards and violations

Vicarious Liability

• Respondeat superior (let the master respond)
• Employee actions must

Criminology: The Scientific Study of Crime

Definition of Crime

Criminology is the scientific study of the nature, extent, management, causes, control, consequences, and prevention of criminal behaviour, both on the individual and social levels. It is an interdisciplinary field that draws upon the research of sociologists, psychologists, philosophers, psychiatrists, social anthropologists, and scholars of law.

Elements of a Crime

A crime has two fundamental elements:

• Actus reus: The physical element of the crime
• Mens rea: The mental element of the crime

Miranda Warning

The Miranda Warning is a communication that police officers in the United States must give to every person who has been arrested. It informs the person of their rights, including the... Continue reading "Criminology: A Comprehensive Guide to the Study of Crime" »