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

The Federal Judiciary System

Three Levels of Federal Courts

Level One: District Courts

District Courts are trial courts and handle cases related to congressional districts and voting rights.

• Cases: Constitution, laws, and treaties of the U.S.; Admiralty and maritime cases; Diversity jurisdiction (citizens of different states with more than $50,000 at issue).
• Annually, over 367,000 cases (excluding bankruptcy filings) begin at the 94 U.S. District Courts, staffed by 677 judges.
• There are 89 district courts in the 50 states, plus one each in D.C., Guam, Puerto Rico, the Virgin Islands, and the Northern Mariana Islands.
• Each state has at least one district court, and no district courts cross state lines. Some states have 2 to 3 districts, with California,

The great holiday of Albacete, known simply as the fair, is declared of tourist international interest and is celebrated annually from September 7th to September 17th. The fair of Albacete is celebrated in a special place in Albacete, known as the Fair. It is a very ancient and nice place and it has a great door called the Door of Iron.

In the fair, many thousands of Albaceteños take part and many visitors come. There are many different activities for all the people, but especially there are attractions, music, dance, and food.

The fair is dedicated to the Virgin of the Plains, de los Llanos, and there is a parade of flowers where many inhabitants of the city take part.

There is always something to do, twenty-four hours a day, with all imaginable... Continue reading "The Great Holiday of Albacete: A Celebration of Tradition and Culture" »

Spanish Employment Law

Contract Termination

Termination of Contract

There are several reasons for the termination of an employment contract. Besides death and mutual agreement, termination is typically initiated by either the employer or the employee. Legal rules exist to protect workers from unjustified dismissal.

Disciplinary Dismissal

Disciplinary dismissal is the most severe sanction an employer can impose for serious employee misconduct. This includes:

1. Very serious breach of contract, fundamentally violating the employer's rights.
2. Intentional or negligent, unjustified breach of contract.

Employee-Initiated Termination

In justified employee-initiated termination (constructive dismissal), the employee must file a lawsuit with a labor court, explaining... Continue reading "Spanish Employment Law: Contract Termination & Key Aspects" »

Conditional Legislation

The legislature makes the law. It is full and let. No legislative function is delegated to the executive authorities. The said law is not brought into force and it is left to the executive to put the Act into operation on fulfillment of certain conditions or contingencies, and for that reason, the legislation is called 'Conditional Legislation' or 'Contingent Legislation'.

In Inder Singh v. State of Rajasthan

Judicial Control of Delegated Legislation

1. Substantive ultra vires
2. Procedural

Substantive:

• Parent act is unconstitutional
• Delegated Legislation is inconsistent with parent act
• Delegated legislation is unconstitutional
• Unreasonable
• Mala fide or bad faith
• Subdelegation
• Exclusion of judicial review
• Retrospective operation

Rule of

Glossary of Terms

Political and Social Concepts

• Absolutism: The three powers (legislative, judicial, and executive) are controlled by a single person.
• Tax: A percentage of money paid to the government/king, which is then used for public spending.
• Separation of Powers: In a democracy, governmental power is divided among separate branches: judicial, legislative, and executive.
• Estate: A territory that is politically independent of another community.
• Human Actions: Conscious behaviors aimed at achieving specific goals and objectives.
• Tithe: A historical tax, typically 10%, paid to the church or ruler.
• Constitution: Establishes the separation of powers and ensures its implementation.
• Divine Rights: The belief that a monarch's authority comes directly from

Writs in Indian Law

Habeas Corpus

"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

AK Roy vs Union of India, Kanu Sanyal vs District Magistrate

Mandamus

"Mandamus" is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

East India vs Collector of

Traditional Doctrine and Challenges

A minority shareholder can raise a claim if they believe they have been mistreated by the majority shareholders. Traditionally, the company would bring a claim on behalf of the minority shareholder if the allegations involved a corporate wrong, such as fraud or control by the wrongdoer. However, this approach presented challenges:

• Difficult to establish proof beyond a reasonable doubt.
• Obtaining testimony from company employees against the majority shareholder was impractical.

Statutory Derivative Claims under the Companies Act 2006

Due to the limitations of the traditional doctrine, the Companies Act 2006 introduced statutory derivative claims under sections 260 and 263. Section 260 defines a derivative claim,... Continue reading "Minority Shareholder Protection: Derivative Claims and Legal Challenges" »

Political Systems

A political system refers to the system of government in a nation. There are three main types of political systems:

• Collectivist-Socialist Systems: These systems prioritize collective ownership and control over economic and political resources.
• Individualist-Democratic Systems: These systems emphasize individual freedom and choice in economic and political pursuits.
• Totalitarian Systems: These systems concentrate absolute control over all aspects of society in the hands of a single person or party.

Economic Systems

An economic system refers to the way in which a society produces, distributes, and consumes goods and services. There are three main types of economic systems:

• Market Economies: These systems are characterized by private

Property Rights, Security Interests, and Land Registration

Security Interests

Hypothec

A hypothec is a limited real right granted to a creditor, securing a debt with the debtor's movable or immovable property. It uses an immovable object as subject matter and does not require dispossession of the hypothecated asset. In case of default, the lender must first take possession of the security and then sell it.

Pledge

A pledge uses a movable object as subject matter and requires dispossession of the pledgor. The pledgee retains possession until the debt is repaid.

Mortgage

A mortgage can involve movable and immovable property and entails the transfer of ownership. It creates a charge against immovable property (anything attached to the earth).

Other Property