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

Main Taxation Principles

(Based on Article 31.1 of the Spanish Constitution)

• Equality
• Economic Capacity
• Generality
• Proportionality (Own the same, pay the same)
• Progressivity (Earn more, higher percentage)
• No Confiscation (Not allowed to pay nearly all; 75% might be too much)
• Legal Reserve (Created by law)

Tax Authorities

(Article 5 of the Spanish General Tax Law)

Encompass all public authorities that:

• Levy taxes
• Impose penalties
• Interpret tax law
• Review tax issues in economic-administrative disputes

Important Concepts in Taxation

• Retroactivity Principle: Tax laws do not benefit from it.
• Analogy: Prohibited to extend terms of taxable events, exemption, or other benefits.
• Abuse or Conflict of Tax Law: Occurs when taxes have been avoided or tax liability reduced

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

Secondary Victim Defined

A secondary victim is a person who suffers unintended consequences when others are victimized.

Understanding Polyvictimization

Polyvictimization refers to multiple instances of varied victimization. It has a more negative impact than being the victim of one type of chronic victimization.

Revictimization Explained

Revictimization is the continued victimization by the same offender committing the same crime.

Violence Against Women Act of 1994

The Violence Against Women Act of 1994 addressed concerns about violence against women, including sexual violence and domestic abuse.

Restorative Justice Principles

Restorative Justice is the philosophical basis of the victims' movement. It emphasizes offender accountability and victim reparation.... Continue reading "Essential Criminology and Legal Definitions" »

Breach of Duty of Care

General Standard of Care

Reasonable Standard of Care

Likelihood of Harm

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

International Trade Payment Methods & Terms

Understanding Open Account Transactions

An open account transaction in international trade is a sale where goods are shipped and delivered before payment is due, typically within 30 to 90 days. This payment term can significantly help exporters win customers in competitive markets.

Benefits and Risk Mitigation

While offering open account terms can attract buyers, it's crucial to use them in conjunction with appropriate trade finance techniques. These techniques help mitigate the risk of non-payment, ensuring smoother international transactions.

Bills of Exchange in Global Commerce

A bill of exchange is a binding agreement where one party commits to pay a fixed amount of cash to another party by a predetermined... Continue reading "International Trade Payment Methods: Open Account, Bills of Exchange & More" »

#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'