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

Management and Partner Authority

No partner may contradict or hinder the action of the sole manager partner. Management is entrusted as an express condition of the partnership contract, and such a manager may not be removed from their position.

If the manager misuses their powers and their management causes damage to the corporate assets, the remaining partners may:

• Appoint a co-manager from among them.
• Bring a claim for rescission of the sole manager's contract before the courts.

Management can be entrusted to one or more persons who are not partners, and the manager can delegate to third parties who are not partners. All partners are entitled to take part in the management and running of common business, including the right of veto.

When management... Continue reading "General Partner Obligations: Competition, Profit Sharing" »

1. Proposal

When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal. (Section 2(a))

a. Promise

The word 'promise' in the act is used in a narrow sense to mean an accepted proposal. It is not the same thing as an agreement, which is defined under clause (e). The technical use of the word 'promise' in the Court Act is far narrower than the popular use. Express words of promise often are in law no narrower than a proposal. A proposal is merely an offer to be bound by a promise, and a promise in law is an accepted proposal. It is the promise only which can give rise to an agreement which, if enforceable by... Continue reading "Understanding Proposals, Consent, and Free Consent in Contracts" »

Trespass to the person

If there is direct interference with the person's body, it is called trespass to the person. If the interference is indirect, then it constitutes nuisance. Trespass can be committed with land, the person, and goods. Trespass is a direct action. Injury to the person has four kinds: 1. Assault, 2. Battery, 3. False Imprisonment, and 4. Mayhem

Assault

Assault is an act of the defendant, which causes the plaintiff reasonable apprehension of the infliction of battery on him by the defendant. The essential requirements of assault are:

• There should be some preparation of use of force.
• There should be reasonable apprehension of the use of force.
• There should be the ability of the defendant to carry out the threat.
• This act is of the

Foundational Concepts in US Constitutional Law

Judicial Philosophies

Judicial Restraint

Follows a strict interpretation of the Constitution and emphasizes adherence to established precedent (Stare Decisis). Judges should limit the exercise of their own power.

Judicial Activism

Involves loosely interpreting and applying the Constitution based on ongoing societal changes and values. Activist judges may sometimes go against established precedent to achieve desired social outcomes.

Philosophy in Supreme Court Cases

• Plessy v. Ferguson (1896) is often cited as an example of Judicial Restraint.
• Brown v. Board of Education (1954) is often cited as an example of Judicial Activism.

Key Legal Principles and Procedures

Judicial Review

The power of the Supreme Court

Types of Coverage

Basic Health Care Coverage.

• Hospital insurance: Pays for the cost of room and board and other medical expenses while you are in the hospital
• Surgical insurance: Covers the fees associated with the operating surgeon and anesthesiologist
• Medical insurance: Provides payments for general nonsurgical physician care at the office or hospital

Major Medical Coverage. This type of insurance provides protection after limits on basic health care coverage have been exceeded. Most policies have a coinsurance clause with:

• 80% of the covered expenses paid by the insurer
• 20% of the covered expenses paid by the insured

Long-Term Care Coverage. If you are unable to take care of yourself:

• Nursing or rehabilitative care at home
• Stay in a skilled nursing

What is an electoral process?

Acts ordered by the Constitution and the law itself, made by the electoral authorities, the national political parties and citizens, which aims the periodic renewal of the members of the Legislative and Executive branches of government.

What is a political party?

Can be considered as any permanent association of people who share the same ideology and seeks to participate in political power or wants to conquer it.

What is the electoral roll?

The electoral roll contains the names of the citizens who made an individual application to the INE, and that fulfill the constitutional and legal requirements, to get a voters card.

How often are deputies, senator and president chosen?

Deputies must be renewed every three years and... Continue reading "Understanding the Electoral Process and Political Parties in Mexico" »

What is Jurisdiction in EU Law?

Jurisdiction is a set of rules that provides which court is going to deal with a certain case. We have a separate set of rules under the sovereign legal order of every state, and then we have a unified set of rules presented under the EU law framework. The Brussels I Regulation is the cornerstone of European jurisdiction regulation.

When dealing with jurisdiction, we are dealing with who is going to make decisions—specifically, which court of a particular Member State will hear and observe that particular legal case with a foreign element.

The Importance of Determining Jurisdiction

Why is jurisdiction important? Because if you file a case or apply for a case to be heard under a certain court, and that court has... Continue reading "Brussels I Regulation and EU Court Jurisdiction" »

Landmark Religious Freedom Cases

School Prayer Cases and the Lemon Test

• Engel v. Vitale (1962)

  • Mere promotion of a religion is sufficient to establish a violation, even if that promotion is not coercive.
  • School prayer is a religious activity by its very nature.

• Abington School District v. Schempp / Murray v. Curlett

  • Declared school-sponsored Bible reading in public schools in the United States to be unconstitutional.
  • Must be neutral (basis for prong 2 of Lemon Test).

Church of Lukumi Babalu Aye v. City of Hialeah

• The court struck down the city ordinance.
• The ordinance made it a crime to kill, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption.
• “The laws in question were enacted by

United Nations

Key Principles

Members should:

• Respect the sovereign equality of member states
• Refrain from the threat or use of force against the territorial integrity or political independence of any state
• Settle international disputes by peaceful means
• Support enforcement actions
• Fulfill in good faith all obligations assumed under the Charter

Key UN Charter Provisions

• Chapter I: Purposes and Principles (Art. 2(3), Art. 2(4), Art. 2(7))
• Chapter VI: Pacific Settlement of Disputes (Art. 33(1))
• Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, Acts of Aggression (Art. 39, Art. 41, Art. 42, Art. 51)
• Chapter VIII: Regional Arrangements (Art. 52, Art. 53)

6 Principle Bodies

Security Council

Primary responsibility for the maintenance... Continue reading "United Nations: Structure, Principles, and Key Provisions" »

Termination of the Employment Contract

1. Termination by Performance

A) Expiration of the Agreed Time

This applies to fixed-term contracts. In such cases, the worker is entitled to receive an amount equivalent to 12 days of salary per year of service (excluding replacement and training contracts).

B) Completion of the Work or Service

Termination occurs when the conditions subsequent are validly recorded in the contract, unless they constitute an abuse of law by the employer.

2. Termination by Death, Retirement, or Permanent Disability

A) Death, Permanent Disability, and Retirement of the Employee

• Background: the personal nature of the work performed.
• After the employee's death, their heirs do not generate any kind of compensation (unless otherwise provided