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

Administrative Decisions (Decision-Making Power)

Administrative decisions (decision-making power) are adopted by the administration (agencies, e.g., the EPA).

• Examples: fines; scholarship; penitentiary permits (probation); third decree; maternity licenses; concession; expropriation decision (possibility to take ownership from a citizen for the public good).

Administrative Adjudication

Administrative adjudication is a decision passed at the federal, state, or local level to resolve a conflict or a dispute between one citizen and the administration, or between citizens.

• Example: a conflict between two students over a scholarship; you may appeal an administrative decision to claim your scholarship.

Administrative decisions = actions. They are actions... Continue reading "Administrative Decisions and Acts in Spain: Law & Types" »

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" »

Free Consent

Free Consent, as defined in Section 13, occurs when "two or more persons agree upon the same thing and in the same sense."

For example, if A agrees to sell his car to B, but A intends to sell his Maruti while B believes he is buying A's Honda, there is no consent because they haven't agreed on the same thing in the same sense. Consequently, there is no contract.

Section 14 states that consent is considered free when it is not caused or affected by the following:

• Coercion
• Undue Influence
• Fraud
• Misrepresentation
• Mistake

Coercion (Section 15)

Coercion involves using force or threats to compel a person to enter into a contract. The consent obtained under coercion is not free.

Undue Influence (Section 16)

Undue influence occurs when one party,... Continue reading "Understanding Free Consent and Contract Discharge" »

Mercantile Companies

Classification of Companies

Companies can be classified as either civil or mercantile. Partnerships can be further categorized into the following types:

• Collective Company
• Limited Partnership (Comanditary Company)
• Limited Partnership by Shares
• Limited Liability Company
• Anonymous Company (Corporation)

Companies can also be classified based on whether they are person-based or stock-based.

Concept of Mercantile Company

Article 35 of the Civil Code (CC) states that legal persons include associations of private interest, whether civil, business, or industrial, to which the law grants legal personality independent of that of each member. According to Article 36 of the CC, these legal persons are governed by the provisions relating to the... Continue reading "Understanding Mercantile Companies: Types and Legal Framework" »

The United Nations: Founding and Structure

The United Nations (UN) was founded in 1945 in San Francisco. Initially, 50 countries signed the Charter, with Poland becoming the 51st original member state shortly thereafter. Today, the UN comprises 193 member states.

Core Purposes of the UN

• Maintain international peace and security.
• Develop friendly relations among nations.
• Cooperate in solving international problems and in promoting respect for human rights.
• Harmonizing the actions of nations.

The UN Charter

The UN Charter is structured into 111 articles and 19 chapters.

Membership Criteria

Membership is open to peace-loving States that accept the obligations contained in the UN Charter. New members are admitted by the General Assembly upon recommendation... Continue reading "United Nations Structure, Functions, and Membership" »

Question 1:

What Legal Requirements Does a Construction Business Need to Comply With?

Provide eight examples of items that a Construction Business needs to register for or apply for to ensure legal compliance for its owner/operator. Explain the relevance of each item.

1. Building License: Ensures that the business and its owner/operator are qualified to perform construction work.
2. Industry Association Membership (e.g., HIA, Master Builders): Demonstrates a commitment to industry standards and provides access to resources and support.
3. Home Building Compensation Fund (or equivalent): Provides a safety net to homeowners in case the builder goes bankrupt or is unable to complete the work.
4. Workers Compensation Insurance: Provides coverage for medical expenses

1. Islam is a monotheistic religion articulated by the Quran, a book containing the word of Allah.
2. Islam's teachings and scriptures were revealed by the Prophet Muhammad.
3. Sharia encompasses all Islamic laws, jurisprudence, and rulings.
4. The Quran, considered the direct words of Allah, serves as the Islamic legal constitution. When the Quran doesn't directly address a subject, Muslims consult alternative sources of Islamic law.
5. The Sunnah refers to the traditions and practices of the Prophet Muhammad, many of which are recorded in Hadith literature.
6. When specific legal rulings aren't found in the Quran and Sunnah, the consensus (Ijma) of legal scholars is sought.
7. In cases requiring legal rulings not addressed in other sources, judges or scholars may use

Fill in the Blanks: Key Historical Terms

Complete the sentences with the correct word from the list below:

• Hijrah
• Fast
• Justinian Code
• Icons
• Hajj

1. Justinian Code was a set of laws issued by the Byzantine emperor based on Roman laws.
2. Icons are images important to a religion.
3. Hajj is a journey that followers of the religion of Islam are expected to make during their life if they are able.
4. Hijrah was the journey of Muhammad from Mecca to Medina.
5. Fast is to not eat food for a period of time.

Matching Definitions: Islamic Concepts

Match the word (1-4) with its definition (A-D).

Terms

1. Qur’an
2. Arabic Numerals
3. Mosques
4. Prophet

Definitions

• A. Places where Muslims pray.
• B. The holy book of Islam.
• C. The numbers 1 through 9.
• D. Muslims believe that Muhammad was a prophet.

Answers: