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

Counterclaims in Legal Proceedings

Counterclaim: A claim asserted by the defendant against the plaintiff, serving as both a defense and a counter-attack. It involves the defendant's pleadings against the claimant, within their competence.

Requirements for a Counterclaim

• Connection between the defendant's pleadings and the plaintiff's initial claims.
• The Court must have jurisdiction over the subject matter and the counterclaim.
• The counterclaim is filed against the initial plaintiff.

Consequences of a Counterclaim

It is another claim within the same proceeding, discussed and judged alongside the original claim. The counterclaim defendant (original plaintiff) has the right to defend themselves.

Counterclaim Defenses

Types of allegations between the counterclaim... Continue reading "Counterclaims and Default Declarations in Legal Proceedings" »

Judicial Presumptions: Conclusive and Rebuttable

A judicial presumption is a logical inference made by a judge where, once a fact has been established, it is very likely that another fact is true. This is a type of circumstantial evidence, representing the mental activity of inferring the truth of one fact based on another.

It comprises three essential elements: an ascertained fact, a logical link, and a presumed fact. Courts are expected to apply presumptions during the evaluation of evidence.

Presumptions can be categorized into two main types:

• Legal Presumptions: Established directly in the text of the law, these may be either conclusive or rebuttable.
• Judicial Presumptions: Created ad hoc by the court in consideration of the specific circumstances

Understanding the Research Process

The process for a research paper involves interpreting the results of research and then proving or disproving a hypothesis.

Crafting Your Research Question

What are you interested in? What do you need to know about it?

Narrowing Down Research

To summarize, focus only on what is relevant to your topic.

Importance of Citing Sources

Citing sources gives you credibility and avoids legal issues and plagiarism.

Steps in the Research Process

1. Research Question
2. Background Information
3. Hypothesis
4. Design Experiment
5. Collect Data
6. Analyze Results
7. Publish Findings

Preparing for Research

The process needed to prepare for research involves:

• Define
• Explore
• Identify
• Relate

Information Processing Skills

Requirements to effectively process information:... Continue reading "Mastering the Research Process and Citation" »

Free and Legal Evaluation of Evidence

Free and legal evaluation is the mental activity by which the Judge decides which fact is true or false. The Judge shall interpret and then evaluate.

• Interpretation: To comprehend the meaning of evidentiary results. You can’t assess anything if you don’t understand the meaning of an evidentiary result; you need to understand in order to evaluate.
• Evaluation: Assuming the Judge has understood the objective meaning, to which rules should the Judge adhere, to decide if a fact is true or false?

The general rule is the free evaluation of the evidence; the Judge is free to choose the rule of logic.

Free evaluation is a system in which the Judge is left to choose among the rules of human criteria and reason. The... Continue reading "Understanding Evidence Evaluation in Legal Proceedings" »

Mistakes in Procedendo and In Iudicando

In procedendo (mistakes committed before the judgement): when upholding an appeal, the Court finds a mistake before the First Instance judgement. The judgement upholding the appeal will order the case to be referred back to the Court of First Instance at the point where the mistake/procedural infringement occurred.

In iudicando (mistakes done when adjudicating): if the Court finds that the mistake was committed at the First Instance, it will rule on the matter of the case for a second time and substitute the judgement given by the First Instance Court.

The Court shall rule on the merits of the case.

Judgements Subject to Appeal in Cassation

There are strict limitations on what proceedings can be subject to... Continue reading "Procedural and Judgment Errors & Cassation Appeals" »

Legal Terminology

ARRAIGN OR BE ARRAIGNED: acusar o ser acusado, COUNSEL: consejo, COMBINED: conjunto, POTENTIALLY; TAXPAYERS: contribuyente, STATE: estado, RARELY; PAROLED: lib. condicional, ADDING: añadiendo, HEALTH; CARE: cuidado, INMATES: recluso, "TOUGH ON CRIME": difícil en el crimen, FULL; LESS: menos, WARMER: +calido, TURN OFF: apagar, TURN DOWN: rechazar, UNPLUG: desenchufar, THROW AWAY: tirar la basura, PUT ON: ponerse, MORE: mas, TAKE OFF: quitarse, TURN UP: aparecer, PLUG IN: enchufar, KEEP: guardar, COLDER: +frio, EMPTY: vacío, RELEASE: lanzamiento, ALLOWED: permitido, GUARANTEES: garantía, SPENT; AVAILABLE: disponible, LEAD: dirigir, DEEP: profundo, ARMED=ROBERRY: robo a mano armada, PAROLE BOAR: Junta de lib., TECHNICAL PROBLEM,... Continue reading "Legal Terminology and Criminal Justice System" »

History

• George Washington established a cabinet with four secretaries:
  • Secretary of State: Thomas Jefferson
  • Secretary of the Treasury: Alexander Hamilton
  • Secretary of War: Henry Knox
  • Attorney General: Edmund Randolph

National Level

• President: Head of State and Government, Commander in Chief.
• Vice President: Also elected by the people, serves as President of the Senate.
• Cabinet: Composed of 15 secretaries and the Vice President. Examples include the Secretary of State and the Secretary of the Treasury. All members are nominated by the President.

Agencies

• Secretaries of departments do not have rule-making power.
• US Agencies, on the other hand, have rule-making power.

Types of Agencies

1. Dependent Agencies: President → Cabinet → Agencies dependent on the

Harmonization of standards

Two or more countries adopt a common set of standards

Mutual recognition of standards

Countries maintain their own standards, but accept the standards of others as valid and sufficient

Separate standards

Countries maintain their own standards and refuse to recognize the standards of others

• The International Labor Organization (ILO) proposed five labor standards as basic rights, revised by OECD:
• Prohibition of forced labor
• Freedom of association
• The right to organize and bargain collectively
• An end to the exploitation of child labor
• Nondiscrimination in employment

• Economists express four concerns over the use of trade measures to enforce standards:
• Effectiveness:
  • (a) only large countries or coalitions of countries can use trade

Canadian Intellectual Property Office (CIPO)

The process starts with a proposed use declaration, indicating that the trademark is being used. The status changes from 'Pending' to 'Registered Trademark' after a notice of allowance, typically 10-14 months after filing, provided there are no oppositions.

A trademark examiner approves the application for publication in the trademark journal. Within two months of publication, third parties can oppose the trademark.

United States Patent and Trademark Office (USPTO)

The Trademark Electronic Search System (TESS) is used for searches.

Form #11 in the USPTO filing process relates to the Madrid Protocol.

Serial Number/Registration number are key identifiers.

Trademark Trolls

Trademarks can be protected through... Continue reading "Trademark Registration: CIPO, USPTO, and International Systems" »

United Nations

The United Nations, a peace project succeeding the League of Nations, was founded in 1945. Fifty-one original members signed the UN Charter in 1945 or participated in the 1942 San Francisco conference where the Charter was drafted.

Security Council

The UN Security Council has five permanent members: China, France, Russia, the United Kingdom, and the USA. Other admitted members must agree to the following terms:

• Be a state
• Be peace-loving
• Accept the obligations
• Be able to fulfill the obligations
• Be willing to fulfill the obligations

The Security Council's main task is to maintain international peace and security. It has 15 total members, including 10 non-permanent members.

Organs

The UN has six main organs, one of which is now non-functional.... Continue reading "United Nations: Structure, Purposes, and Principles" »