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

Introduction to the ECHR

The European Convention on Human Rights (ECHR) is an international treaty adopted in 1950 under the framework of the Council of Europe. It entered into force in 1953 and currently applies to 46 member states. The ECHR establishes a catalog of fundamental rights and freedoms, including the right to life, prohibition of torture, freedom of expression, and the right to a fair trial. It is based on key principles such as the rule of law, democracy, and the protection of human dignity.

The European Court of Human Rights (ECtHR), located in Strasbourg, is responsible for interpreting and enforcing the Convention, ensuring that states comply with their obligations. Through its case law, the ECtHR has developed crucial legal... Continue reading "Analyzing ECHR Violations: A Framework for Legal Cases" »

Article 12: Defining "The State"

Key Principles of Article 12

• Inclusive Definition: Encompasses Government, Parliament, State Legislatures, local authorities, and other authorities.
• Purpose: Defines entities bound by Fundamental Rights in Part III of the Constitution.
• Judicial Evolution: Interpretation has evolved from narrow to broad.

The "Other Authorities" Test

Pradeep Kumar Biswas Test (2002)

• Focuses on Deep & Pervasive Control (DPC).
• Requires examination of cumulative facts showing financial, functional, and administrative domination.
• Control must be pervasive, not merely regulatory oversight.
• Refines the Ajay Hasia factors, emphasizing control.

Structuralism vs. Functionalism Debate

• Structuralism: Emphasizes formal links and control focus (dominant

Uniform Civil Code in India

A common civil code, popularly known as the Uniform Civil Code (UCC), is a long-standing unresolved debate in independent India. This debate stems from Article 44 of the Indian Constitution, contained in Part 4 (Directive Principles of State Policy), which states the state shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India. Here, the term Uniform Civil Code (UCC) implies a set of common laws governing marriage, divorce, adoption, inheritance, and other such familial matters which would be applicable to all Indians, irrespective of their religion. Today, the members of each religious community follow their own respective sets of civil laws based on their religious history... Continue reading "Uniform Civil Code in India: History and the Shah Bano Case" »

The Jury System: Pros and Cons

In criminal trials, particularly those seen on US TV, we watch juries struggling to decide guilt. However, in reality, some countries use juries while others do not. Are juries a good idea?

Arguments for Professional Judges

On the one hand, there are advantages to leaving important legal decisions to a professional judge. Jurors may not understand some aspects of a trial, such as complex legal arguments or forensic evidence. In addition, they might make hurried decisions because they've been forced to interrupt their lives for a trial and are impatient to return to their jobs and families.

Arguments for Trial by Jury

On the other hand, trial by jury means that defendants are judged by a group of their equals. Jurors... Continue reading "Public Safety, Privacy, and Justice: Debating Juries and Surveillance" »

Key Legal Terms Defined

Allegation:

A claim or assertion that someone has done something illegal or wrong.

Fugitive:

A person who has escaped from custody or is in hiding to avoid arrest.

Appeal:

A legal proceeding before a judge or other decision-making body.

Custody:

The legal control or guardianship of someone or something, often implying parental control.

Jurisdiction:

The authority of a court or legal body to hear and decide cases within a specific area.

Appellate:

Related to appeals in higher courts; reviews decisions.

Death Sentence:

A legal order authorizing the execution of a person.

Expropriation:

The act of a government taking private property for public use.

Felony:

A serious crime, such as murder or burglary, typically punishable by imprisonment

Writing a Professional Complaint Email

Opening Statement

Clearly state the reason for writing.

• "I am writing in connection with my order which arrived..."
• "I am writing to complain about the quality of a product I bought from your website."

Detailing the Complaint

Provide specific details of the issue and what went wrong.

• "The goods were faulty/damaged/in poor condition."
• "There seems to be an error in the invoice/a misunderstanding."
• "The product I received was well below the standard I expected."

Requesting a Resolution

State what you expect to be done to resolve the issue.

• "Please replace the faulty goods as soon as possible."
• "Unless I receive the goods by the end of this week, I will have no choice but to cancel my order."

Closing the Email

End with... Continue reading "Crafting Professional Complaint and Apology Emails" »

Understanding Suits of a Civil Nature

A suit of a civil nature refers to a legal dispute that involves a claim or question concerning civil rights. Common examples include:

• Property rights: Disputes related to the ownership, possession, or title of a property.
• Contractual disputes: Disputes arising from contracts, agreements, or obligations.
• Tortious claims: Claims for damages for wrongful acts, such as negligence or defamation.
• Personal rights: Disputes related to personal rights, such as marriage, divorce, or inheritance.

Exclusion of Civil Court Jurisdiction

The exclusion of a civil court's jurisdiction can be inferred in the following situations:

Express Bar

An express bar occurs in specific, stated circumstances:

• Statutory provisions: When a statute

Fundamental Non-Discrimination Principles in Trade Law

In international trade law, non-discrimination is a fundamental principle that ensures equal treatment of goods, services, and service suppliers from different countries. The two main principles of non-discrimination in international trade law are:

1. Most-Favored-Nation (MFN) Principle

• Definition: The MFN principle requires that a country treats goods, services, and service suppliers from one country no less favorably than it treats goods, services, and service suppliers from any other country.
• Purpose: To prevent discriminatory treatment and ensure that countries do not favor certain trading partners over others.

2. National Treatment Principle

• Definition: The national treatment principle requires

Death Row Demographics and Trends

• Southern states account for 55% of death row inmates.
• Approximately 3,300 individuals are on death row.
• Over 100 death sentences are issued each year.
• More than 25 executions occur annually.
• Executions declined between 1935 and 1970.
• Inmate riots have remained stable over the past 30 years.
• About 56% of those executed are white, while 35% are Black.
• The percentage of Black Americans on death row is disproportionately high.
• The race of the victim is the largest factor in death penalty cases.
• 30 states have the death penalty.
• Electrocution is still used in Nebraska.
• Executing mentally ill individuals is considered cruel and unusual punishment under the 8th Amendment.
• As of 2020, only 9% of inmates have a college education.

Legal Comparisons

Negligence vs. Intentional Tort

Negligence and intentional torts differ primarily in the mindset of the individual causing harm. Negligence occurs when someone fails to exercise reasonable care, often resulting in unintentional harm. In contrast, intentional torts, like assault or battery, involve deliberate actions intended to harm another person.

Strict Liability vs. Negligence

Strict liability and negligence share the goal of holding individuals accountable for harm caused, but their requirements for proving fault differ. Negligence requires proving that the defendant failed to exercise reasonable care, while strict liability does not require any proof of fault.

Defamation vs. Nuisance

Defamation and nuisance are distinct torts... Continue reading "Key Legal Concepts: Torts, Dismissal & Offenses" »