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

International Trade Glossary

Shipping and Logistics

Cargo

Port of Discharge

Port of Origin

Compete

Consignee

Quote

Contact

Rates

Container Terminal

Reliable

Free of Charge

Shipper

Free of Damage

Unload

Freight Container

Vessel

Guarantee

Volume

Load

Worldwide

Loss

Advantage

Profit

Buyer

Requirements

Ensure

Resale

Export

Risk

Follow-up

Run a Business

Foreign

Secure Transactions

Import

Shipping Arrangements

Investment

Sourcing

Manage Risk

Start a Business

Manufacturer

Supplier

Minimize Costs

Trade

Negotiations

Trust

Delay

Less than Container Load (LCL)

Disadvantage

Middleman

Distrust

On Board

Exclusive Basis

Profit Margin

Foot

Risky

Full Container Load (FCL)

Unreliable

Insecure

Wholesale

Business Telephone Etiquette

Announce

Out of the Office

Ask for Permission

Pleasant

Avoid

Professionally

Call Someone Back

Put

Types of Credit Instruments

Drafts and Promissory Notes

1. Notes: A promise to pay, known as a promissory note.
2. Drafts: An order to pay, including bills of exchange and checks.

Detailed Analysis of Drafts

1. Drafts
   1. Definition: An unconditional order in writing addressed by one person to another, signed by the person giving it (the drawer), and requiring the person to whom it is addressed (the drawee) to pay on demand or at a fixed or determinable future time a certain sum of money to, or to the order of, a specified person (the payee) or to the bearer.
   2. Bills of Exchange: A bill of exchange is used to finance the sale of goods. Rather than paying the draft when it is presented, the drawee accepts the draft by signing it and adding the word “accepted,”

Defamation

Defamation is the “publication of a statement which tends to lower a person in the estimation of right-thinking members of society generally; or which tends to make them shun or avoid that person.”

Kinds of defamation:

According to English Law, defamation is of two kinds: Libel and Slander. “A libel consists of a defamatory statement or representation in permanent form; if a defamatory meaning is conveyed by spoken words or gestures it slanders.” Slander is converted into libel when spoken words are written on paper.

How libel is committed:

Printing, mark or sign exposed to view, picture, statute, waxwork etc. Libel refers to eye.

How slander is committed:

Defamation in the manual language of the deaf and dumb, and mimicry and gesticulation... Continue reading "Understanding Defamation Law: Types, Distinctions, and Defenses" »

PhD

Abbreviation for doctor of philosophy: the highest college or university degree, or someone who has a thesis. Also called doctorate. The highest degree awarded by a graduate school, usually to a person who has completed at least three years of graduate study and a dissertation approved by a board of professors.

Secondary School

A school for young people, usually between the ages of 11 and 18. A high school or a school of corresponding grade, ranking between a primary school and a college or university.

Thesis

A long piece of writing on a particular subject, especially one that is done for a higher college or university degree. A dissertation on a particular subject in which one has done original research, as one presented by a candidate for... Continue reading "Understanding Legal and Academic Terms: A Comprehensive Guide" »

Satirical subgeneres:

Formal verse satire (dialogue with “adversarius”, or restrainer, like Arbuthnot) [problem of unity and method]. Traditional form from Greece and Rome with a polish attack on a vice. The interlocutor is an instrument for balancing the attitude of the satirist. However, it is very limited; these are just short poems on different human vices.

Menippean

(mixed) [Anatomy (Frye): ideas] [other genre problems: mode, genre or borrower of forms / humour- comic / comedy / parody / mock-heroic]. It is a more fashionable kind of genre without definite form. You adapt to any other existing genre or to non-genre in particular. It can be found anywhere: poem, novel, epic… It uses a double attack: against vices and against conventions... Continue reading "Satirical Subgenres: Formal Verse, Menippean, and Scriblerian Practices" »

Landmark Supreme Court Case Matching

• Incorporates the Establishment Clause/Freedom of Religion: Everson v. Board of Education
• Court limits baker's hours (Economic Due Process): Lochner v. New York
• Overrules Muller v. Oregon (related to minimum wage): Adkins/Shilling Household
• Home ownership protection (mortgage suspension): Home Building & Loan Ass'n v. Blaisdell
• Struck down minimum wage for women and children: Adkins v. Children's Hospital
• Marshall Court blocks state interference with contracts: Dartmouth College v. Woodward
• Court incorporates freedom of the press: Near v. Minnesota
• Incorporates the right to trial by jury: Duncan v. Louisiana

Key Legal Doctrines and Constitutional Concepts

Dual Federalism

• Concept where national and state governments

Essential Characteristics

1. Incorporation

   The rights are tied to the writing. The instrument contains a right given by the document. Possession of the writing evidences the right.

2. Legitimation

   The person holding the instrument has the power to demand payment of the credit within.

3. Accuracy

   The terms of the instrument cannot be modified or amended from the moment of its creation.

4. What is accurately written in the text of the instrument becomes the right.

5. Autonomy

   The instrument is born when it is drafted and negotiated by its original maker.

   1. There is a personal relationship between the maker and the first holder. This repeats as it transfers from one hand to another.

   2. The instrument becomes more abstract, autonomous and independent from the reasons it was

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