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

Economic and Social Policy Definitions

• Poverty Line: The official standard regarding what level of annual cash income is sufficient to maintain a decent standard of living; those with income below this level are eligible for most public assistance programs.
• Literacy Test: An examination of a person’s ability to read and write as a prerequisite to voter registration, outlawed by the Voting Rights Act of 1965 as discriminatory.
• GDP: A measure of economic performance in terms of the nation’s total production of goods and services for a single year.
• SNAP: A public assistance program that provides low-income households with coupons redeemable for enough food to provide a minimal nutritious diet.
• Medicare: A social insurance program that provides

What Pushed Congress Towards a Declaration of War?

President McKinley was responsible for pushing Congress to authorize the war. Ironically, at the start of his presidential term, he actually wanted to steer the US away from any involvement in war. However, after an explosion on an American battleship, which killed 260 of its members, the public wanted aggressive action against Spain, which is what led McKinley to do so.

What Is the Teller Amendment?

The Teller Amendment was a result of President McKinley going to Congress in order to use force against the Spanish in the Spanish-American War. The amendment was passed in order to authorize the war. The amendment stated that the US didn't have any intentions to annex Cuba.

Describe the US Involvement

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" »

Chapter 15: Exam 3 Review

Civil vs. Criminal Law

• Civil Law: Deals with disputes between individuals or organizations, where compensation is awarded to the victim.
• Criminal Law: The body of law concerning crime and the legal punishment of criminal offenses.

Legal Precedent and Stare Decisis

Stare decisis is the doctrine of precedent. A precedent is a principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.

The Federal Court System

The federal system consists of three main levels:

• District Courts: The trial courts (94 total).
• Circuit Courts: The first level of appeal (13 total).
• Supreme Court of the United States: The final level of appeal.

Article

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" »