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

Basque Statute (1936): Text Commentary and Analysis

Introduction

This legal text, the Basque Statute, was officially released on October 1st, 1936. It represents a landmark document intended for the citizens of Spain, particularly the Basque people. While drafted by representatives of the Basque citizens, primarily the Basque Nationalist Party (PNV), it required approval from the central Spanish government. This text signifies the ratification of the statute by the Spanish courts.

Political Context

The Popular Front, victorious in the February elections, held power at the time. Negotiations for this statute had been ongoing for a considerable period, with two prior versions preceding it.

Previous Versions

• The first version, drafted before the 1931

Administrative Hearings and Antitrust Laws

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action. True

A person who is harmed by a conspiracy that violates the Sherman Antitrust Act may sue the wrongdoers for treble damages, which is four times the actual damages. False

An agreement to charge an agreed-upon price or to set maximum or minimum prices between or among competitors is called price fixing but it is not per se a violation of the Sherman Act. False

Boycotts are always illegal, even when done with good intentions. True

Nobel economist Milton Friedman believes... Continue reading "Understanding Administrative Hearings and Antitrust Laws" »

Roles in Criminal Justice Systems: Adversarial vs. Inquisitorial

The Public Prosecutor's Role

In adversarial legal systems, such as that of the United States, the public prosecutor possesses wide discretion to bring charges. This principle is followed not only by common law countries but also by France.

Legality Principle in Inquisitorial Systems

Countries influenced by the inquisitorial system, however, adhere to the legality principle, which mandates prosecution. Here, the prosecutor has a duty to act; there is no discretion. If the prosecutor becomes aware of a criminal act, they are obliged to bring charges.

Prosecutorial Discretion in Spain

In Spain, a distinction is made between public crimes, semi-public or semi-private crimes, and private... Continue reading "Legal System Roles: Prosecutor, Victim, and Judge in Global Criminal Justice" »

Mastering Advanced English Vocabulary

Enhance your communication and writing skills with this curated list of essential advanced English words and their precise definitions.

Aberration

A state or condition markedly different from the norm.

Abeyance

A temporary suspension of an activity; a state of being put aside for further action.

Adjudge

To award or bestow by formal decision.

Affront

An open, intentional insult.

Anarchy

The absence of government or law; political disorder.

Artifice

A skillful or ingenious device; a clever trick; a clever skill; trickery.

Augury

An event that is experienced as indicating important things to come.

Cadaverous

Pale, gaunt, resembling a corpse.

Cajole

To persuade by pleasant words; to coax with flattery and insincere talk; to wheedle.... Continue reading "Essential Vocabulary: Advanced English Words" »

Law and the State Connection

Law is strongly connected to the state because the state creates most of the law, and the state itself is regulated by the law.

Understanding Constitutional Law

Constitutional Law contains rules on the organization of the state, its powers, and the relations between its organizations. It provides fundamental rights that protect the legal position of the individual against the state.

Sources of Constitutional Law

Primary sources of constitutional law include ordinary law, case law, and customs.

State Sovereignty Explained

Sovereignty can be understood as the supreme power or authority of a state to govern itself and determine its own laws.

Internal vs External Sovereignty

Internal sovereignty means the state is the highest... Continue reading "Foundations of Law and State Structure" »

Valencia, strengthening the presence of the Royal Council, as the main organ of justice and administration. This administration gained power in 'imposing and repealing' the laws. It became necessary to gather and compile all the regulations that had been developed. The compilation of the 'Autos Acordados' of 1723 and 1745.

A new philosophical current began to be introduced, in which the 'Reason' and the doctrine 'natural law' took on special relevance and represented the beginning of the separation between the Old Regime and a new system in which the real power, the feudal Church would have less prominence, in favor of national sovereignty, represented by their elected leaders from among them. The French Revolution of 1789 and the Declaration... Continue reading "Evolution of Justice Administration in Spain: 1723-1869" »

PLANNING

In obtaining an understanding of an entity’s internal controls that are relevant to audit planning, an auditor is required to obtain knowledge about the:

• Design of relevant internal controls pertaining to financial reporting in each of the five internal control components.

The risk that an auditor will conclude, based on substantive tests, that a material misstatement does not exist in an account balance when, in fact, such misstatement does exist is referred to as:

• Detection Risk

Relationship between control risk and detection risk is ordinarily:

• Inverse.

The audit program usually cannot be finalized until the:

• Consideration of the entity’s internal control has been completed.

Which of the following relatively small misstatements most

Initial Steps

1. Subject Selection: Choose an available Diploma Programme subject for your extended essay, considering any restrictions imposed by your school.
2. Material Review: Thoroughly read the assessment criteria, the relevant subject-specific chapter of the Extended Essay Guide, the IB's ethical guidelines, and other associated policies (e.g., those relating to animal experiments).
3. Research Reflection Space (RRS): Set up your RRS and utilize it as the primary tool for planning and reflecting throughout the extended essay process.
4. Topic Selection and Background Reading: Choose a topic and conduct preliminary background reading to gain a foundational understanding.
5. Research Question Formulation: Develop a preliminary research question, incorporating

Legal Terms and Definitions

Libel: a tort consisting of false and malicious publication printed for the purpose of defaming a living person.

Slander: an abusive attack on a person's character or good name.

Uniform Commercial Code (UCC): The purpose of UCC is to promote interstate commerce and facilitate the nurturing of business interests.

Strict Liability: Liability regardless of fault. In tort law, strict liability is imposed on those engaged in abnormally dangerous activities, on persons who keep dangerous animals, and on manufacturers or sellers that introduce into commerce goods that are unreasonably dangerous when in a defective condition.

Trademark: a word, name, symbol, device, or any combination of those used to identify and distinguish... Continue reading "Legal Terms and Definitions: Libel, Slander, UCC, Strict Liability, and More" »

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" »