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

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

T13: Principles of EU Law

1. Autonomy of EU Law

EU law is considered an autonomous legal order. While related to international and national law, it remains distinct and subject to its own internal logic.

• Van Gend en Loos (Case 26/62): The Court held that the EEC constitutes “a new legal order of international law” for the benefit of which States have limited their sovereign rights.
• Costa v Enel (Case 6/64): The Court stated that, by contrast with ordinary international treaties, the EEC Treaty created its own legal system.

2. Supremacy of EU Law

Although some EU Treaty articles impliedly require primacy, there is no express declaration of this principle in the Treaties. The logic for the supremacy of EU law was developed through the decisions... Continue reading "Core Principles of EU Law: Autonomy and Supremacy Explained" »

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" »

Liberalism

Liberalism refers to a state's tendency to expand welfare benefits, regulate business, adopt progressive state income taxes, and generally use the resources of government to achieve social change.

Conservatism

Conservatism refers to a state's tendency to limit welfare benefits, deregulate business, keep taxes low, and generally place less reliance on government and more reliance on individuals and the marketplace to achieve social goals.

Political Culture

Political Culture refers to historical styles and traditions in states' politics that cannot be directly attributed to demographic factors.

Direct Democracy

Direct Democracy is popular participation in government through direct voter initiation of policy and voter approval or rejection... Continue reading "Key Concepts in US Politics and Government" »

Membership: Can be classified into 2 heads:
a) Original members - states that participated in UN conference at San Francisco.
b) States admitted as members - a state may be admitted to UN on the affirmative recommendation of Security Council and by resolution of General Assembly by 2/3 majority. Essentials:
a) Must be a state
b) Must be a peace-loving state
c) Must accept obligations of UN Charter
d) Must be willing to carry out those obligations
e) Must be able to carry out those obligations. Suspension of Members: A member of UN against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of rights and privileges of membership. Suspension is done by General Assembly upon the recommendation... Continue reading "Overview of United Nations Membership and Organs" »

Vocabulary Words and Sentences

1. auspicious – (adj.) favorable; promising; conducive to success

Direct Taxes

India has entered into Double Taxation Avoidance Agreements (DTAA) with 65 countries, including the US. In case of countries with which India has a DTAA, the tax rates are determined by such agreements.
Domestic corporations are granted credit on foreign tax paid by them while calculating tax liability in India. In the case of the US, dividends are taxed at 20%, interest income at 15%, and royalties at 15%.

Indirect Taxes

Excise Duty

The manufacture of goods in India attracts Excise Duty under the Central Excise Act 1944 and the Central Excise Tariff Act 1985. Herein, the term"Manufactur" means bringing into existence a new article having a distinct name, character, use, and marketability, and includes packing and labeling.
Most products... Continue reading "Tax System in India: Direct and Indirect Taxes Explained" »

In simple words, judicial precedent refers to previously decided judgments of the superior courts, such as the High Courts and the Supreme Court, which judges are bound to follow. This binding character of the previously decided cases is important, considering the hierarchy of the courts established by the legal systems of a particular country. Judicial precedent is an important source of law, but it is neither as modern as legislation nor as old as custom. It is an important feature of the English legal system as well as of other common law countries that follow the English legal system.

In most developed legal systems, the judiciary is considered to be an important organ of the state. In modern societies, rights are generally conferred on... Continue reading "Understanding Judicial Precedent in Legal Systems" »

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L541: Corporate Finance Law and Business Planning

Prof. Karen E. Woody
Assistant Professor of Business Law & Ethics
Fall 2016

•Section 11 of the Securities Act of 1933

-An underwriter is liable for errors in the entire registration statement

-As an expert, an auditor is liable only for that part of a registration statement for which the auditor has issued an opinion about the financial statements

•Auditors (experts) may raise due diligence defense

-Compliance with GAAS and GAAP required

•Underwriters may also raise a due diligence defense:

-For parts of registration statement contributed by experts, underwriter may rely on expert opinion

-For remainder, the underwriter must prove a reasonable investigation, after which s/