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

Distinguishing Similar English Words

Understanding the subtle differences between similar words can greatly improve your English vocabulary and communication skills. Here's a breakdown of several commonly confused words:

Words Implying Falsehood

• FALSE: Not real.
• SPURIOUS: Not real.
• COUNTERFEIT: Made in close imitation of something else, always intended to deceive, especially of money and documents.
• FAKE: Made in close imitation of something else, always intended to deceive.
• BOGUS: Made in close imitation of something else, implying a negative value judgment.
• PHONY: Not real or true, always intended to deceive, implying a negative value judgment and arousing suspicion.
• MOCK: Made in close imitation of something else, intended as a substitute for the

Roman Law Essentials: Part II

Buy and Sell Contracts (Emptio Venditio)

Key Subjects in Buy and Sell

• Seller (Venditor): Obligated to deliver the thing (rem tradere).
• Buyer (Emptor): Obligated to pay the agreed price (pretium solvere).

Actions and Responsibilities

• Actions: The transaction involves the act of buying and selling.
• Seller's Liability: Responsible for custodia (safe-keeping), dolus (deceit), and culpa (fault). Must answer for defects of the thing and could pay double for non-existent qualities.
• Arras (Earnest Money): A quantity or object given as evidence of consent to the contract.
• Sale of Future Things:
  • If the existence of the thing depends on the seller, the buyer can claim damages (dolus).
  • Sales of hope (emptio spei) are at the buyer's risk

What is the principle of promptness in administrative procedure? It obliges the authorities and officials of the organs of state administration to act on their own initiative in the initiation of the procedure in question and its continuation, with expedited procedures to process the file and remove obstacles that affect its prompt and proper decision.

What is Rejection in the administrative procedure? Any interested party may waive a right or withdraw its request if it is not prohibited by law. If the procedure was initiated by two or more stakeholders, abandonment or waiver applies only to those who have made it.

What is the expiration of the administrative procedure? It is a form of punishment of the petitioner for failure to provide records...

I. Legis Actiones

This archaic procedure allowed for self-help and private revenge while also incorporating a rigid, formal ritual. It consisted of two phases:

A. In Iure (Before the Magistrate)

This phase was steeped in formalism. The process began with a summons, a form of moral intimidation compelling the defendant to appear. Both parties would agree to return on another day for litigation. The legis actiones included:

1. Actio Sacramenti (Action by Oath): A general procedure used for concrete claims where the law did not provide a specific action. It could be in rem (to protect property rights) or in personam (to protect debt claims).
2. Actio per Iudicis Postulationem (Action at the Request of the Judge): Used to claim debts arising from stipulatio

Concept

A regulation is a rule that creates rights and obligations for its recipients, representing a legal innovation. Regulations are generally not addressed to individuals but to a whole group. They have indefinite validity and their effectiveness is not exhausted in a single application. They can be applied over a single character's lifespan. Regulations must be written and are dictated by Public Administrations, unlike laws, which are dictated and approved by parliaments. Regulations have a subordinate nature, subject to the law, and are of lower hierarchy. A regulation cannot alter the text of a law; if it did, it would be illegal and null and void.

Terminology

Each regulation has a name according to the body that approves it:

• Regulations

Official Protocol: Set of Norms

Social: Agreements that with time become universally used and accepted.

Business: Set of Conduct Agreements

Etiquette: Set of norms that have been created to facilitate our coexistence.

• Internal: Communication codes between employees
• External: Communication and behavior with third parties

Behavior of an Executive

• Set the rules
• Value their team
• Guide an organization internal conduct and its relationships with its customers, partners, and shareholders.

Introduction Rules: 12 Golden Rules

1. Respect hierarchy
2. Loyalty
3. Time management
4. Become part of the team with an open, flexible, collaborative attitude
5. Know how to follow leadership directions

Business Travel

• Unexpected: Crisis, emergency, require fast thinking and action
• Scheduled:

Chapter 15: Negligence

1. Negligence

Negligence is conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm. It is an unintentional tort where the defendant acted unreasonably but did not intend to commit the act or cause harm.

Note: No punitive damages may be awarded in cases of negligence.

1. Elements of Negligence:

• Duty
• Breach of Duty
• Causation
• Damages

2. Defenses Against Negligence:

• Statute of Limitations
• Act of God
• Contributory or Comparative Negligence on the Part of the Plaintiff
• Assumption of Risk by the Plaintiff
• Immunity

5 Liability Issues:

• Lack of Supervision
• Improper Instruction or Training
• Unsafe Use of Equipment
• Improper Medical Care
• Negligence in Transportation

***Note: Nothing on product...

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...

Accept an Invitation

accept an invitation to say 'yes' to an invitation or offer

Anniversary

anniversary a date that is an exact number of years after the date of an important or special event

Arrange a Trip

arrange a trip to plan or organize a trip

Book

book to arrange with a hotel, restaurant, theatre, etc. to have a room, table, seat, etc. on a particular date

Budget

budget the money that is available to a person or an organization to spend on a particular thing

Celebrate

celebrate to show that a day or an event is important by doing something special on it

Convention

convention a large meeting of the members of a profession, a political party, etc.

Corporate Entertainment

corporate entertainment activities organized by companies to entertain their customers,...

Essential Phrasal Verbs

• Set off - Start a journey
• Hand over - Give something to someone officially
• Share out - Divide something between people
• Move out - Leave your home permanently for a new home
• Set up - Establish/start something
• Spring up - Appear or develop quickly
• Come up against - Be faced with or opposed by something
• Put up - Build or erect something

Crime and Legal Vocabulary

General Terms

• Curfew - Time when someone is not allowed to leave their home.
• Witnesses - People who saw something happen and can give evidence.
• Disorderly conduct - Violent or noisy behavior in public.

Court and Legal Proceedings

• Juries - Group of people who listen to court cases and decide on a punishment.
• Judge - A person in court who has the authority to decide a punishment.