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

Introduction to the Abolition of Basque Fueros

This document is a primary source, specifically a legal decree, with significant political content.

It was authored by the Spanish Cortes at the proposal of Cánovas del Castillo.

Primarily addressed to the inhabitants of the Basque provinces, it is therefore a public text.

Its main objective was to impose constitutional unity throughout Spain and, to that end, to abolish the Basque Fueros.

The decree was issued in Madrid during the Restoration period (when the new Constitution was approved), specifically at the end of the Second Carlist War.

Main Content: Achieving Constitutional Unity

The central idea of this decree is to achieve constitutional unity across Spain.

Key Articles:

• Article 1: Constitutional

The Economic Threat of Contraband and Illegal Trade

Understanding the Scope of Illegal Trade

People often seek personal gain, leading them into conflicts where they may unknowingly commit crimes. Nevertheless, the Government can enforce laws and impose penalties to curb these intentions.

One significant problem facing society is contraband. If the Government and society do not take adequate precautions, this issue will persist. Furthermore, the community contributes to this problem because when import costs are very high, consumers often seek faster and less expensive access to goods.

This document aims to explain contraband and raise public awareness about this detrimental practice.

Defining Contraband and Its Effects

Contraband is defined as the... Continue reading "The Economic Threat of Contraband and Illegal Trade in Panama" »

Separation of Powers

• Legislative Function
• Executive Function
• Judicial Function

Administrative Law

The Federal Judiciary System

Three Levels of Federal Courts

Level One: District Courts

District Courts are trial courts and handle cases related to congressional districts and voting rights.

• Cases: Constitution, laws, and treaties of the U.S.; Admiralty and maritime cases; Diversity jurisdiction (citizens of different states with more than $50,000 at issue).
• Annually, over 367,000 cases (excluding bankruptcy filings) begin at the 94 U.S. District Courts, staffed by 677 judges.
• There are 89 district courts in the 50 states, plus one each in D.C., Guam, Puerto Rico, the Virgin Islands, and the Northern Mariana Islands.
• Each state has at least one district court, and no district courts cross state lines. Some states have 2 to 3 districts, with California,

Grounds for Annulment of EU Acts

Under EU law, there are several grounds upon which an act can be challenged and annulled. These include:

• Lack of Competence

  This occurs when an institution does not possess the necessary power to act. It can manifest by exercising a power not conferred upon it, exercising a non-existent power, or encroaching on the powers of another institution.

  Case Example: In Germany v European Parliament and Council (Tobacco Advertising), a directive banning tobacco advertising was annulled because it was primarily a public health measure, a field where the EU had limited competence at the time.

• Infringement of an Essential Procedural Requirement

  EU law imposes essential procedural requirements as safeguards. A failure to follow

Spanish Employment Law

Contract Termination

Termination of Contract

There are several reasons for the termination of an employment contract. Besides death and mutual agreement, termination is typically initiated by either the employer or the employee. Legal rules exist to protect workers from unjustified dismissal.

Disciplinary Dismissal

Disciplinary dismissal is the most severe sanction an employer can impose for serious employee misconduct. This includes:

1. Very serious breach of contract, fundamentally violating the employer's rights.
2. Intentional or negligent, unjustified breach of contract.

Employee-Initiated Termination

In justified employee-initiated termination (constructive dismissal), the employee must file a lawsuit with a labor court, explaining... Continue reading "Spanish Employment Law: Contract Termination & Key Aspects" »

Glossary of Terms

Political and Social Concepts

• Absolutism: The three powers (legislative, judicial, and executive) are controlled by a single person.
• Tax: A percentage of money paid to the government/king, which is then used for public spending.
• Separation of Powers: In a democracy, governmental power is divided among separate branches: judicial, legislative, and executive.
• Estate: A territory that is politically independent of another community.
• Human Actions: Conscious behaviors aimed at achieving specific goals and objectives.
• Tithe: A historical tax, typically 10%, paid to the church or ruler.
• Constitution: Establishes the separation of powers and ensures its implementation.
• Divine Rights: The belief that a monarch's authority comes directly from

Writs in Indian Law

Habeas Corpus

"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

AK Roy vs Union of India, Kanu Sanyal vs District Magistrate

Mandamus

"Mandamus" is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

East India vs Collector of

Minority Shareholder Protection and Remedies

Every company has majority and minority shareholders. Very often, the majority shareholders will possess greater authority, leaving the minority with little choice but to acquiesce. In practice, if a minority shareholder is oppressed, several legal remedies are available. Section 994 addresses personal claims, while Section 260 pertains to corporate claims. Section 122(1)(g) is considered a last resort option. There are significant differences between these remedies.

Section 994 and 996: Unfair Prejudice Claims

Section 994(1) of the Companies Act 2006 is crucial in defining unfair prejudice. A key case illustrating this is O'Neill v Phillips.

Case Study: O'Neill v Phillips

• Facts: Mr. Phillips owned Pectel

Prototypical Cases of Ironic Interpretation

The following principles describe the relationship between utterance processing, contextual information, and the identification of ironic intent:

1. Uttering an ironic utterance is not a condition for the hearer to access information from different contextual sources and infer the ironic intention. The hearer can infer intention even before the utterance has been spoken.
2. Complete processing of the utterance is not a condition for accessing the ironic interpretation. Sometimes, the ironic interpretation is obtained even before the utterance has been processed completely (i.e., before all the words have been identified).
3. It is not always necessary to process completely the explicit information contained in