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

The Jury System: Pros and Cons

In criminal trials, particularly those seen on US TV, we watch juries struggling to decide guilt. However, in reality, some countries use juries while others do not. Are juries a good idea?

Arguments for Professional Judges

On the one hand, there are advantages to leaving important legal decisions to a professional judge. Jurors may not understand some aspects of a trial, such as complex legal arguments or forensic evidence. In addition, they might make hurried decisions because they've been forced to interrupt their lives for a trial and are impatient to return to their jobs and families.

Arguments for Trial by Jury

On the other hand, trial by jury means that defendants are judged by a group of their equals. Jurors... Continue reading "Public Safety, Privacy, and Justice: Debating Juries and Surveillance" »

1. What is the Bretton Woods system?

The Bretton Woods system was the international economic order created after the Second World War. Its aim was to avoid the economic chaos of the interwar period and to create stable international monetary and financial cooperation. It was based on cooperation between states, stable exchange rates, and new international institutions. The most important institutions were the IMF and the IBRD, later connected with the World Bank system. The general idea was to support monetary stability, reconstruction, development, and freer international trade.

2. What institutions were created in Bretton Woods?

The main institutions created at Bretton Woods were the International Monetary Fund (IMF) and the International Bank

Key Legal Terms Defined

Allegation:

A claim or assertion that someone has done something illegal or wrong.

Fugitive:

A person who has escaped from custody or is in hiding to avoid arrest.

Appeal:

A legal proceeding before a judge or other decision-making body.

Custody:

The legal control or guardianship of someone or something, often implying parental control.

Jurisdiction:

The authority of a court or legal body to hear and decide cases within a specific area.

Appellate:

Related to appeals in higher courts; reviews decisions.

Death Sentence:

A legal order authorizing the execution of a person.

Expropriation:

The act of a government taking private property for public use.

Felony:

A serious crime, such as murder or burglary, typically punishable by imprisonment

Board of Directors: Purpose and Responsibilities

1) What is the purpose of the Board of Directors?
A group of people who jointly oversee the activities of a company.

Functions:

• They must represent the interests of the shareholders and the company.
• Decide whether shareholders receive dividends and, if so, how much they receive.
• Board members approve annual budgets.
• Support the CEO, whether appointed or hired.
• Board members hire and fire top executives.
• They decide on executive compensation.

Who Is in Charge of the Board?

2) Who is in charge of the Board of Directors?
Shareholders of a public company elect the members of the Board of Directors; the board's composition may vary depending on the type of business.

Who Reports to the Board?

3) Who reports to

Writing a Professional Complaint Email

Opening Statement

Clearly state the reason for writing.

• "I am writing in connection with my order which arrived..."
• "I am writing to complain about the quality of a product I bought from your website."

Detailing the Complaint

Provide specific details of the issue and what went wrong.

• "The goods were faulty/damaged/in poor condition."
• "There seems to be an error in the invoice/a misunderstanding."
• "The product I received was well below the standard I expected."

Requesting a Resolution

State what you expect to be done to resolve the issue.

• "Please replace the faulty goods as soon as possible."
• "Unless I receive the goods by the end of this week, I will have no choice but to cancel my order."

Closing the Email

End with... Continue reading "Crafting Professional Complaint and Apology Emails" »

Meaning and Characteristics of Commercial Sales

The purchase and sale contract has been one of the primary instruments of commercial activity and represents the core of the historical formation of Commercial Law. Today, it continues to be the foundation of commercial traffic.

General Aspects and Legal Framework

The Spanish Civil Code (CC) offers both the concept and the main aspects of the regulation of the Sales Contract because the Commercial Code (CCom) does not explicitly provide them (Art. 1445 CC).

Definition of the Commercial Sales Contract

Art. 325 CCom: According to the Spanish Commercial Code: “The purchase and sale of movable things to resell them, either in the same way in which they were purchased or in a different way, with the aim

Parliamentary Government System

A parliamentary government is a system of governance where the executive branch is accountable to the legislative branch. In this system, the head of state (such as a President or monarch) serves a ceremonial role, while the head of government (such as a Prime Minister) is responsible for the administration of the government.

Key Features of Parliamentary Governance

• Accountability: The executive branch is accountable to the legislative branch, ensuring that the government remains responsible to the people's elected representatives.
• Separation of Powers: There is a separation of powers between the legislative, executive, and judicial branches, ensuring that no single branch has too much power.
• Collective Responsibility:

Understanding Suits of a Civil Nature

A suit of a civil nature refers to a legal dispute that involves a claim or question concerning civil rights. Common examples include:

• Property rights: Disputes related to the ownership, possession, or title of a property.
• Contractual disputes: Disputes arising from contracts, agreements, or obligations.
• Tortious claims: Claims for damages for wrongful acts, such as negligence or defamation.
• Personal rights: Disputes related to personal rights, such as marriage, divorce, or inheritance.

Exclusion of Civil Court Jurisdiction

The exclusion of a civil court's jurisdiction can be inferred in the following situations:

Express Bar

An express bar occurs in specific, stated circumstances:

• Statutory provisions: When a statute

Fundamental Non-Discrimination Principles in Trade Law

In international trade law, non-discrimination is a fundamental principle that ensures equal treatment of goods, services, and service suppliers from different countries. The two main principles of non-discrimination in international trade law are:

1. Most-Favored-Nation (MFN) Principle

• Definition: The MFN principle requires that a country treats goods, services, and service suppliers from one country no less favorably than it treats goods, services, and service suppliers from any other country.
• Purpose: To prevent discriminatory treatment and ensure that countries do not favor certain trading partners over others.

2. National Treatment Principle

• Definition: The national treatment principle requires

Death Row Demographics and Trends

• Southern states account for 55% of death row inmates.
• Approximately 3,300 individuals are on death row.
• Over 100 death sentences are issued each year.
• More than 25 executions occur annually.
• Executions declined between 1935 and 1970.
• Inmate riots have remained stable over the past 30 years.
• About 56% of those executed are white, while 35% are Black.
• The percentage of Black Americans on death row is disproportionately high.
• The race of the victim is the largest factor in death penalty cases.
• 30 states have the death penalty.
• Electrocution is still used in Nebraska.
• Executing mentally ill individuals is considered cruel and unusual punishment under the 8th Amendment.
• As of 2020, only 9% of inmates have a college education.