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

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" »

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.