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

MEMOIRS V. MASSACHUSETTS, 1966

1973 COURT GUIDELINES .351 abandoned requirement 'utterly without redeeming social value.'

New guidelines:

1. Whether the average person, applying contemporary community standards, would find the work, taken as a whole, appeals to prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

MODEL PENAL CODE – test based on review: material is obscene if its 'predominant appeal' to ordinary adults’ morbid interest in nudity, sex or excretion. .352

OBSCENITY AND THE INTERNET – Communications Decency Act of 1996 (CDA).

Reno v. ACLU,... Continue reading "Obscenity and Sexual Offenses in New Jersey Law" »

What is ethics?

A brand of philosophy that focuses on moral issues.

What is managerial ethics?

The study of morality and standards of business conduct.

Ethic Dilemma VS. Ethical Lapses

E.D. - Having to make a choice between two competing but arguably valid options.

E.L. - Decision that is contrary to an individual's beliefs and policies of the company.

Nike & the Sweatshop Labor Controversy:

• Increased the minimum age at factories
• Adopted U.S. Clean Air regulations
• Disclosed the locations and permitted independent monitoring
• Offered micro loans to workers
• Helped form fair labor association to monitor overseas working conditions
• Built schools and health clinics in worker communities

Basic Approaches to ethical decision making

• Utilitarian: consequences
• Moral

Comparison Between a SL and a SA

Basically, the main differences between these corporate forms are related to (a) equity required, (b) equity transferability, and (c) formalities.

1. Equity Required

• Sociedad Anónima: Minimum share capital is 60,000.00 Euros, and at least 25% shall be paid-up upon incorporation. The shares can be subscribed along a term set out by the incorporating-shareholders.
• Sociedad Limitada: Minimum capital, divided into participaciones, is 3,000.00 Euros, which must be fully subscribed and paid-up upon incorporation. Participaciones of an SL may have disproportionate voting and economic rights. It is admissible that one participación has a plurality of votes.

2. Equity Transferability

• Sociedad Anónima: The equity is essentially

Introduction

The most essential functions of a state are primarily two: waging war and administering justice. The administration of justice is classified into two parts: civil justice and criminal justice. The purpose of criminal justice is to punish the wrongdoer, who is punished by the state. On the question of whether the purpose of punishment is the desire to make men better or to protect society, certain theories have been given below.

Theories of Punishment

1. Deterrent Theory
2. Retributive Theory
3. Preventive Theory
4. Reformative Theory
5. Expiatory Theory

1. Deterrent Theory

"Deter" means to abstain from doing an act. The main objective of this theory is to deter (prevent) crimes. It serves as a warning to the offender not to repeat the crime in the future... Continue reading "Theories of Criminal Justice: A Comprehensive Overview" »

Dispute Resolution Methods

There are several ways to resolve disputes:

• Mediation: A voluntary, nonbinding conciliation process.
• Arbitration: A more formalized process resulting in a binding award that courts in many countries will enforce. Parties must agree to arbitration, and once they do, they cannot withdraw.
• Litigation: The final step in attempting to resolve a dispute.

Legal Concepts in Litigation

• Jurisdiction: The power of a court to hear and decide a case.
• In Personam Jurisdiction: Refers to the court’s power over a specific individual or corporation.
• Venue: The geographical location of a court with competent jurisdiction where a case can be heard.

Legal Doctrines and Clauses

• Forum Non Conveniens: Whenever a case can be properly heard in more

1. The Rise of Nontariff Barriers

The first feature of the revival of protectionism since the mid-1970s is known as the "New Protectionism." It relies heavily on new forms of nontariff barriers (NTBs), specifically Voluntary Export Restraints (VERs) and the establishment of Orderly Marketing Agreements (OMAs).

The World Bank conducted detailed research on the effects of NTBs in 1986. Results show that 16% of imports in industrialized countries were affected, compared to 13% in 1981. Corresponding figures for the US were 15% and 9%, respectively. The new protectionism often takes ingenious forms, such as the French government's action to restrict imports of videocassette recorders (VCRs) by requiring customs clearance only at Poitiers.

2. Sector-

Incoterms Defining Seller and Buyer Obligations

E-Terms: Departure

EXW (Ex Works)

The seller fulfills their obligation when they place the goods at their premises (e.g., warehouse or factory). The buyer assumes all subsequent costs and risks from that point.

• Risk Transferred: Seller's factory door.
• Cost Transferred: Seller's factory door.
• Mode of Transport: Any mode.
• Seller Obligations: None regarding export clearance or loading (unless agreed otherwise).

F-Terms: Main Carriage Unpaid

FCA (Free Carrier)

The seller fulfills their obligation when they deliver the goods to the carrier nominated by the buyer, through customs, at the agreed point. The seller bears risks and costs up to the point the goods are loaded.

If delivery occurs at the seller's property,... Continue reading "Incoterms 2020 Rules: Defining Global Trade Responsibilities" »

U.S. Constitutional Principles and Amendments

Popular sovereignty (power to the people) / Limited government (states that government is restricted in what it may do) / Separation of powers (the branches of government are three independent and coequal branches) / Checks and balances (system that allows the branches to check each other's actions) / Judicial review (power of a court to determine the constitutionality of a government action) / Federalism (the powers of government are divided between a central government and several local governments).

Amendments 11–27

11. Immunity of States from certain lawsuits.
12. Changes to Electoral College procedures.
13. No slavery.
14. Citizenship, due process, equal protection.
15. No denial of vote (race not a qualification to

Doctrine of Indoor Management

The doctrine of indoor management allows outsiders who are dealing with company to assume that as far as the internal proceedings of company are concerned, everything has been properly done. This limitation to doctrine of constructive notice is known as doctrine of indoor management or Turquand rule.

*Royal British Bank vs Turquand 1856

Exceptions:

• Knowledge of irregularity
• Negligence
• Forgery

Prospectus

Is a document issued by the public company in order to invite the public to make offers for shares and debentures of the company. Any document described or issued as a prospectus or any notice, circular, ad, or other document inviting offers from public for subscription or purchase of any securities of a body corporate... Continue reading "Doctrine of Indoor Management and Prospectus Rules" »