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

Defining Torture in International Human Rights Law

The legal definition of torture in human rights law differs significantly from how the term is commonly used in the media or general conversation.

Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides the internationally agreed legal definition:

"Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based

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

Germany — Administrative Acts

Regulated in the Administrative Procedure Act / decision 1976: the most frequent form of action to regulate a single or individual case by the administration.

Legal framework and institutional roles

Each of the 16 states has its own administrative procedure. If state procedures conflict with federal rules, the federal law prevails.

Separation of powers:

• Legislative — passes the law.
• Executive — issues rules and decisions.
• Judiciary — applies and interprets the law.

Art. 35 — Definition of administrative act

Art. 35: An administrative act is every decision taken by a public authority to regulate a particular (individual) case within the sphere of public law.

Act = action; an administrative act is not a law.

Effects

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" »

The Three Levels of the Federal Court System

District Courts

Spread throughout the country, these serve as the trial courts of the federal system. They have original jurisdiction over nearly all criminal and civil cases.

Courts of Appeal

These courts hear appeals from district courts and federal agencies with rule-making or enforcement power. Their main function is to review decisions of trial courts for errors of law. Because they possess only appellate jurisdiction, they do not hold trials, determine punishments, or decide remedies.

The Supreme Court

As the ultimate appellate court, it handles cases affecting ambassadors, consuls, and ministers, as well as cases involving major questions regarding the meaning of the Constitution or federal law.... Continue reading "Understanding the US Federal Court System and Civil Rights" »

Defining the Modern State

We find it difficult to give a precise definition, but we think that we know the state when we see it; this is because we tend to feel that the state is always with us.

Max Weber's Definition of the State

According to Weber's definition, the state could not be defined in terms of its function or goals, but had rather to be understood in terms of distinctive means.

Essential Features of the State

The primary features of the state include:

• Taxation
• Legitimacy
• Public bureaucracy
• Constitutionality
• Permanent population
• Sovereignty

Sovereignty and Its Limitations

Regarding sovereignty, it is not that the sovereign may do whatever it wishes, because they are a final authority in the political community. Its limitations are manifest: every... Continue reading "Core Principles and Features of the Modern State" »

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" »