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

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" »

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/