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

Traditional Doctrine and Challenges

A minority shareholder can raise a claim if they believe they have been mistreated by the majority shareholders. Traditionally, the company would bring a claim on behalf of the minority shareholder if the allegations involved a corporate wrong, such as fraud or control by the wrongdoer. However, this approach presented challenges:

• Difficult to establish proof beyond a reasonable doubt.
• Obtaining testimony from company employees against the majority shareholder was impractical.

Statutory Derivative Claims under the Companies Act 2006

Due to the limitations of the traditional doctrine, the Companies Act 2006 introduced statutory derivative claims under sections 260 and 263. Section 260 defines a derivative claim,... Continue reading "Minority Shareholder Protection: Derivative Claims and Legal Challenges" »

Political Systems

A political system refers to the system of government in a nation. There are three main types of political systems:

• Collectivist-Socialist Systems: These systems prioritize collective ownership and control over economic and political resources.
• Individualist-Democratic Systems: These systems emphasize individual freedom and choice in economic and political pursuits.
• Totalitarian Systems: These systems concentrate absolute control over all aspects of society in the hands of a single person or party.

Economic Systems

An economic system refers to the way in which a society produces, distributes, and consumes goods and services. There are three main types of economic systems:

• Market Economies: These systems are characterized by private

Property Rights, Security Interests, and Land Registration

Security Interests

Hypothec

A hypothec is a limited real right granted to a creditor, securing a debt with the debtor's movable or immovable property. It uses an immovable object as subject matter and does not require dispossession of the hypothecated asset. In case of default, the lender must first take possession of the security and then sell it.

Pledge

A pledge uses a movable object as subject matter and requires dispossession of the pledgor. The pledgee retains possession until the debt is repaid.

Mortgage

A mortgage can involve movable and immovable property and entails the transfer of ownership. It creates a charge against immovable property (anything attached to the earth).

Other Property

Businesspeople and commercial law are two elements that cannot go separately. When doing business, commercial law is always present and has to be taken into account in order to fulfill the law and have legal effects. But now, how is commercial law developed in business? What is the impact on it? Is it positive? Or negative? All those questions will answer an important matter regarding business and law, two keys that have a huge impact in nowadays society and life.

Defining Commercial Law

First of all, it is needed to define what commercial law is in order to understand which are the matters and issues that are affected. It is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising,... Continue reading "The Impact of Commercial Law on Business and Society" »

Probation Officer

Investigation and Supervision

Jeremy Bentham

The Panopticon (New Type of Prison Layout)

Anomie/Strain Theory

Excessive Materialism as a Limited Means to Success

Quakers

Hard labor. 13th Amendment -> Section 1 allows prison slavery.

Prisoner vs. prisoner violence: rate of 28 per 1000

50 state systems (92% of all facilities) + federal, private (8%)

Main goal of corrections: to protect the public

(United States) Prison population: 25%

60% on probation in the US system

Intensive supervision, $70 billion, official immunity, absconding --> reasons for probation revocation

School of Thought: Cause and Effect

Positivists, labeling theory --> Stigmatization

Michael Walker

Prison in California, stayed 165 days (6 months), contemporary pain... Continue reading "The American Prison System: History, Theories, and Challenges" »

European Union Law: Core Principles

The foundation of EU law rests on three essential principles:

1. The EU is a supranational organization.
2. All EU regulations are directly applicable.
3. The European Court of Justice (ECJ) decides which other parts of EU law (e.g., Treaty articles) are directly effective.

Private International Law (PIL)

International Private Law deals with three main issues when litigation occurs between two parties coming from different states:

1. Jurisdiction: Determining which court has jurisdiction (including the possibilities of executing the verdict given by that court in the countries of the litigating parties).
2. Applicable Law: Determining whose law applies (country) in case of international litigation between two private parties.
3. Conflict

Official Protocol: Set of Norms

Social: Agreements that with time become universally used and accepted.

Business: Set of Conduct Agreements

Etiquette: Set of norms that have been created to facilitate our coexistence.

• Internal: Communication codes between employees
• External: Communication and behavior with third parties

Behavior of an Executive

• Set the rules
• Value their team
• Guide an organization internal conduct and its relationships with its customers, partners, and shareholders.

Introduction Rules: 12 Golden Rules

1. Respect hierarchy
2. Loyalty
3. Time management
4. Become part of the team with an open, flexible, collaborative attitude
5. Know how to follow leadership directions

Business Travel

• Unexpected: Crisis, emergency, require fast thinking and action
• Scheduled:

SA8000 Certification: Social Accountability in the Workplace

The SA8000 Social Accountability certification standard focuses on workplace values. The standard is based on international workplace norms of International Labour Organization (ILO) conventions, the Universal Declaration of Human Rights, and the UN Convention on the Rights of the Child.

Key Elements of SA8000

A brief summary of some of the SA8000 elements follows:

• Child labor
• Forced labor
• Health and safety
• Freedom of association and right to collective bargaining
• Discrimination
• Discipline
• Working hours
• Compensation
• Management systems

The Ten Principles of the UN Global Compact

The UN Global Compact outlines ten principles related to human rights, labor standards, the environment, and anti-corruption:... Continue reading "SA8000 Certification: Workplace Values and Social Accountability" »

Which Region is an Exception to German Civil Law?

The German civil-law tradition prevails in many countries but does not dominate in Scandinavia.

What is Governmental Dispossession Called?

The governmental action to dispossess a foreign owner of property is known as expropriation.

Why Did the U.S. Justice Dept. Object to a Patent License?

The antitrust unit at the U.S. Justice Department objected to the exclusive nature of the license agreement.

What is Unauthorized Reproduction of Copyrighted Work?

The unauthorized publication or reproduction of a copyrighted work is referred to as piracy.

Which U.S. State Has Not Fully Adopted the UCC?

The Uniform Commercial Code (UCC) has been fully adopted by all U.S. states except Louisiana.

What Explains the Litigious

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