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

The new statute, known as the “Elgueta Statute” because it was settled in Elgueta, was shorter than the initial draft. The statute's implementation was limited to the area of the Basque Country under the control of the Republic and the Basque people: Biscay, the very west part of Gipuzkoa, and a small part of northern Alaba. It could not be implemented in the rest of the territory, despite being the official law, because it was under the control of the upraised military.

Basis in the 1931 Constitution

The statute emphasized its basis in the 1931 Constitution. This implied that the statute could not contradict the constitution. For example, there was no reference to Catholicism as the official religion, and all citizens were equal before... Continue reading "The Basque Statute of 1936: A Short-Lived Autonomy" »

What is Arbitration?

Arbitration is a legal process used to resolve disputes between parties outside of the traditional court system. It is a form of alternative dispute resolution (ADR) in which the parties involved in a dispute agree to have a neutral third party, known as an arbitrator or arbitral tribunal, make a binding decision to settle their dispute. Arbitration is often chosen as an alternative to litigation for various reasons, including its potential for faster resolution, greater privacy, and lower costs compared to going to court.

Key Elements of Arbitration:

1. Voluntary Agreement: Arbitration is typically based on the voluntary agreement of the parties involved. They may choose to arbitrate a dispute either before or after a dispute

Challenges of International Matrimony

IC = Independent Clause (Expresses a Complete Thought)

- Subject + Verb + Complement/Object

DC = Dependent Clause (Does Not Express a Complete Thought)

- Often starts with a dependent word

EXAMPLES OF DEPENDENT WORDS: as, after, although, because, before, even though, if, since, when, whether, while

> IC.

> ICDC.

> DC, IC.

> ICIC = WRONG! Fused/Run-on = IC, IC. WRONG!

Comma Splice Corrections for the above two errors could be any of the following:

> IC. IC.

> IC; IC.

> IC, FANBOYS IC.

Coordinating Conjunctions: For, And, Nor, But, Or, Yet, So

> IC; adverbial conjunction, IC.

EXAMPLES OF ADVERBIAL CONJUNCTIONS: as a result, consequently, for example, furthermore, however, in addition, moreover, on the other hand, therefore, thus

MLA

#THE INDUSTRIAL DISPUTES ACT This act has been enacted by the central legislature with the object of setting the disputes Between the workmen and management amicably&peacfully. Workmen of dimakuchi tea Estate v dimakuchi tea estate1958 OBJECTIVES 1.promotion of measures for securing and Preventing amity and good relation between the employers and workmen.2.an investigation and Settlement of industrial disputes3.prevention of illegal strikes and lock out 4.Releif to workmen in The matter of lay off and retrenchment 5.To promote collective bargaining 

Case Study: Hindustan Lever Ltd. vs. Godrej Soaps Ltd. (Patents Act 1970)

Overview

Hindustan Lever Ltd. (Plaintiff): A leading manufacturer of soaps, detergents, and chemicals, holding significant market goodwill and reputation.

Godrej Soaps Ltd. (Respondent): A competitor in the soap and detergent market.

Plaintiff's Claim: Godrej Soaps Ltd. infringed on Hindustan Lever Ltd.'s patent by illegally copying patented information.

Allegation: The respondent's product misleads consumers into believing it's an improved version of the plaintiff's product.

Introduction to Patents

A patent grants exclusive rights to an invention (product or process) for 20 years. It prevents commercial use, distribution, or sale without the owner's consent.

• Owners can license

Civil Liability for Defective Goods or Services

General Provision

Compensation for Damages

All injured parties have the right to be compensated under the terms set forth in this Book for damages caused by goods or services.

Ineffectiveness of Liability Limitation

The civil liability limitation or release clauses set forth in this book shall be ineffective in respect of the injured party.

The Government, subject to earnings with interested parties and consumer and user associations, shall be able to establish a mandatory system of insurance for civil liabilities resulting from the damages caused by defective goods or services, and a guarantee fund which fully or partly covers damages consisting of death, poisoning, and personal injury.

Special Provisions

Producer'

Action for Annulment- 263. Challenge? 263- NOT recommendations + opinions.

1) Privileged applicant? Have interest- MS, EP, council, commission.

2) Semi-Privileged applicant? Where their rights are affected, the Court of Auditors, the European Central Bank, and the Committee of the Regions.

3) Non-Privileged Applicant? In this case, the claimant must have required standing, the position of claimant in relation to the act, not standing a claim will not be considered.

Direct Concern

The test for direct concern is if a claimant's legal situation is directly affected without discretion.

Individual Concern

The test for individual concern requires a claimant to be able to distinguish himself by way of some peculiar attribute. The CJEU can only review acts... Continue reading "Annulment Action: Requirements, Applicants, and Justification" »

Vocabulary Enhancement

A Thesaurus of Powerful Synonyms

A

• Account: Report
• Actual: Authentic
• Activity: Movement
• Advert: Advertisement
• Admire: Appreciate, look up to
• Alone: Lonely
• All time: Constantly
• Allure: Appealing, glamorous, persuasive
• Ambush: Aggression
• Announcement: Publication, notice
• Annoyance: Upsetting
• Apologize: Regret
• Appeal to: Attraction
• Appreciation for one's talent or achievements: Recognition
• Approach: Advance
• Approve: Second
• Atmosphere: Above
• Auction: Subasta (auction)
• Awesome: Amazing
• Avoid: Elude, prevent
• Outrageous: Weird, excessive

B

• Ban: Prohibition
• Becoming a certain age: Turning
• Believable: Credible
• Bizarre: Weird, odd
• Blame: Accuse
• Boost: Support
• Bronch: Office (branch?)

C

• Call out: Announce
• Cheer: Encourage
• Childish: Immature
• Clap: Applaud
• Collect: Accumulate
• Collection:

1. The Five Main Types of Speech Acts According to J.R. Searle:

1. Representatives, which commit the speaker to the truth of the expressed proposition (paradigm case: asserting, concluding).
2. Directives, which are attempts by the speaker to get the addressee to do something.
3. Commissives, which commit the speaker to some future course of action.
4. Expressives, which express a psychological state.
5. Declarations, which effect immediate changes in the institutional state of affairs and which tend to rely on elaborate extralinguistic institutions.

2. Meaning:

Grice makes a distinction between two types of meaning:

• Natural Meaning: This is the kind of meaning something has when it is a natural and reliable sign or symptom of, or evidence for, something. Natural