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

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" »

Steps for Company Registration in Spain

Case 3 - Registered Process:

1. Receive certification of uniqueness of the intended company name from the Mercantile Register.
2. Open a bank account for the company, deposit capital in the bank, and obtain the deposit certificate.
3. File the Single Electronic Form (DUE) and make an appointment with a notary.
4. Obtain the registered public deed of incorporation of the company and the Fiscal Identification Number (NIF).

Protecting Industrial and Intellectual Property

The company is going to produce a specific product. Before it starts its activity, the partners of the company have registered it in the Mercantile Register with a social name. If the company distributes the product in Spain, it will have to protect it only... Continue reading "Spanish Company Registration and IP Protection" »

Lecture 3: The Individual Businessperson

People: natural person who carries out a business activity in their own name and account. - Finances activity with personal funds or borrowing. - Capacity: must be of age and free to dispose of assets. - Particular Presumption: if a minor or incapacitated, representation is needed. Management: - Simple start-up process: no legal process required. - Investment: capital limits set by the entrepreneur. - Total control: bears all costs, management duties, investments. Disadvantages for individual businesses: 1. Taxing: pay more if profits are higher. 2. Liability for Debts: debtor is liable with all present and future assets. 3. Assets Subject to liability of the businessperson. 4. Economic Marriage Settlement:... Continue reading "Types of Business Entities and Legal Obligations" »

Essay Structure

Introduction

The introduction should tell the reader what to expect in the essay. It should make clear to the reader the focus of the essay, the scope of the research (in particular, an indication of the sources to be used), and an insight into the line of argument to be taken.

Body

The body should be presented in the form of a reasoned argument. The form varies with the subject, but as the argument develops, it should be clear to the reader what relevant evidence has been discovered, where and how it has been discovered, and how it supports the argument.

Citation Formats for Various Sources

• Book: Author – Title – Institution, Publisher, and City – Publication Date – Edition (if applicable).
• Chapter from Book: Author – Title

Incoterms Theory Exercises

1. Definition of F Terms

The F terms require the seller to deliver the goods for carriage in accordance with the instructions of the buyer.

2. Meaning of Customs Clearance

Customs clearance involves the preparation and submission of documentation required to facilitate exports or imports. This includes representing the client during customs examination, assessment, payment of duty, and taking delivery of cargo from customs after clearance.

3. Customs Clearance Channels in Spain

When shipping goods from Spain to Germany, three channels may be encountered:

• Green Channel: Indicates that all documentation is correct and goods are cleared for transit.
• Orange Channel: Indicates that submitted documentation requires verification.

State Based on the Rule of Law (Estado de Derecho)

The Constitution

1-Kind of Biz

The first thing which man is extending to enter into a biz has to consider is the kind of the business he should take up. There are so many classes & subclasses of Biz. And to pick up the best and most profitable line out them requires considerable knowledge experience for sight.

2. Forms of Biz Org :

Once the actual biz is to launched upon is decided the next logical question coming up for consideration is the form of biz establishment is to take up other words it has to be settles whether is to be one man's biz or partnership or JSC.

3. Estimation of profitability of biz:

Next is to estimate the profitability of the biz which the product and service are going to be sold.

4.Size of biz:

There are 3 type of biz via manufacturing,... Continue reading "Essential Considerations for Starting a Business" »

Consensual Transfer Systems

In a consensual transfer system, ownership passes the moment the contract of sale is made. The contract itself transfers ownership of the object to the buyer; this is also called the “solo consensus rule.”

French Law and the Solo Consensus Rule

In French law, the obligation to transfer an object is performed by the sole consensus between the contracting parties. It makes its creditor the owner and places the object at the latter’s risk the moment it ought to have been transferred, even if a transfer of possession has not taken place. This system differs from the Roman system and is based on moral relations between people. It is favorable to commerce because it does not need corporal delivery of the object; intent... Continue reading "Ownership Transfer Systems in European Law" »

Judicial Activism

“Judicial activism” refers to actions by courts to nullify or refashion government laws and policies.

Legislative Supremacy

Established by the Constitution Act of 1867, legislative supremacy grants Parliament the authority to enact laws on any topic within federal jurisdiction.

Pith and Substance

A legal doctrine used to determine which level of government has authority over a particular matter. It focuses on the essential character of the law.

Residual Power

Power held by a governmental authority after specified powers have been delegated to other authorities.

Intra Vires

Within the government's jurisdiction. Indicates that an agency has authority over a matter and can take specific actions.

Ultra Vires

Beyond the government's jurisdiction.... Continue reading "Canadian Constitutional Law: Key Concepts and Principles" »