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

Constitutional Role of Civil Justice

The state acts as the executioner of the law of nature, following the rule of decretum divi marci by utilizing remedies provided by the state. This notion of the state's duty to provide justice is expressed in Article 8 of the UDHR: everyone has the right to an effective remedy. Providing citizens with an effective justice system allows them to enjoy their rights, ensuring such a system is fair, impartial, and efficient. These specific provisions are further complemented by more general ones. Locke suggests what happens when a government fails. The right of action is a consequence of substantive rights; Savigny suggests that legal protection shall be granted, with the right of action provided by public law.... Continue reading "Principles and Foundations of Civil Procedure" »

Organizing Transportation

Unit Load Device

Pallet or container used to load luggage, freight, and mail on wide-body aircraft and specific narrow-body aircraft.

Full Container Load

Standard container that is loaded and unloaded under the risk and account of the shipper or consignee.

Container Yard

Port facility at which containers are accepted for loading onboard ships, and off-loaded containers are delivered to the consignees.

Less Container Load

Shipping term for cargo that is insufficient either in quantity or weight to qualify for the freight rates applied to a standard shipping container.

Customs Policy

Customs is an authority or agency in a country responsible for collecting tariffs and for controlling the flow of goods into and out of a country.... Continue reading "International Shipping Glossary: Understanding Key Terms & Processes" »

26.The Supreme Court case Miranda v. Arizona (1966)

Criminal suspects must be informed of their Right to consult with an attorney and of their right against self-incrimination Prior to questioning by the police.

27.The Supreme Court in the case United States v. Richard Nixon (1974) ruled that Nixon must

Give up evidence but he refused

28.As president, Jimmy Carter called for a foreign Policy that stressed the importance of

Human Rights

What Have scientists discovered about the DNA structure?

It is unique and it can be used to solve issues.

30.In 1992, severe rioting In Los Angeles began in response to the

Verdict in the trial of the police in the Rodney king beating

31.In 1979, the United States responded to the Soviet Union’s invasion of Afghanistan... Continue reading "A History of American Politics and Law from 1965 to 2002" »

Ethics and Business Principles

Ethics Defined

Ethics: Moral principles, as of an individual.

Business Ethics: Balancing the goal of profits with the values of individuals and society.

Legal and Ethical Foundations

• Positive Law: Legal framework
• Natural Law: Ethical framework

Categories of Ethical Behavior

• Integrity and truthfulness
• Promise keeping
• Fairness
• Loyalty
• Doing no harm
• Confidentiality

Resolving Ethical Dilemmas (The Three Questions)

1. Is it legal?
2. Is it balanced (considering the value of fairness)?
3. How does it make me feel?

Ethical Models

Warren Buffett's perspective is often cited in ethical discussions.

The Laura Nash Model

1. Identify the problem.
2. Look at the other perspective.
3. Determine what happened.
4. Who did your decision or action injure?
5. Could you discuss

Lecture 5: The Legal Framework

Devolution Settlements

• Scotland – Early devolution of legislative, executive, and judicial power. Note the separate Scottish legal system.
• Wales – Staggered process of devolution of mainly legislative and executive powers. Incremental growth from subordinate to primary legislative power.
• Northern Ireland – Different settlement which includes mainly legislative and executive powers within a collaborative framework.
• However, core authority for all power (legislative, executive, and judicial) remains in the hands of Parliament at Westminster.
• Understanding the separation of powers is now incredibly complex.

Judiciary

• Superior Courts
  • Supreme Court
  • Court of Appeal
  • High Court
  • Crown Courts
• Inferior Courts
  • Magistrates Courts
  • County

Employment Contracts

What is an Employment Contract?

An employment contract is an agreement between an employer and an employee. The employee provides services to the employer in exchange for remuneration. The contract marks the beginning of the employment relationship and establishes a series of rights and obligations for both parties. The employee works under the direction and organization of the employer.

Key Elements of an Employment Contract

Essential components include:

• Consent: Represents the free will of both parties to agree, without deception or fraud.
• Object: Defines the obligations of each party. The work performed must be personal, voluntary, paid, and dependent (under the employer's direction).
• Cause: The reason for the agreement –

Foundational Principles of American Government

Understanding the core concepts that define the United States political system:

• Popular Sovereignty: The political power resides within the people.
• Limited Government: No government is all-powerful; it is restricted by law.
• Separation of Powers: A basic principle of the American system of government, dividing authority among three independent branches: legislative, executive, and judicial.
• Checks and Balances: A system where each branch of government can limit the powers of the other branches, ensuring no single branch becomes too dominant.
• Judicial Review: The power of the courts to declare laws passed by Congress or actions taken by the Executive Branch unconstitutional.
• Federalism: Power is divided

Types of Crime Data

Crime data is generally categorized into two primary sources:

• Official Crime Data: Data collected by government agencies (e.g., FBI and the Department of Justice). Examples include the Uniform Crime Reports (UCR) and the National Crime Victimization Survey (NCVS).
• Unofficial Crime Data: Nongovernmental data usually collected by private agencies and researchers. Examples include self-report studies, such as questionnaires and interviews.

Note: All sources of data, whether official or unofficial, possess distinct advantages and disadvantages.

Uniform Crime Reports (UCR)

The UCR is the best-known and most widely cited source of official crime statistics. Established in the 1930s, data is submitted voluntarily by police departments... Continue reading "Understanding Official and Unofficial Crime Data Sources" »

Essential Information Security Services

Information security relies on several core services to ensure the protection and reliability of data and systems. Below are the primary concepts and their definitions:

• Privacy or Confidentiality: Keeping information secret from all but those who are authorized to see it.
• Data Integrity: Ensuring information has not been altered by unauthorized or unknown means.
• Entity Authentication or Identification: Corroboration of the identity of an entity (e.g., a person, a computer terminal, a credit card, etc.).
• Message Authentication: Corroborating the source of information; also known as data origin authentication.
• Signature: A means to bind information to an entity.
• Authorization: Conveyance, to another entity, of