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

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

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'

Action for Annulment- 263. Challenge? 263- NOT recommendations + opinions.

1) Privileged applicant? Have interest- MS, EP, council, commission.

2) Semi-Privileged applicant? Where their rights are affected, the Court of Auditors, the European Central Bank, and the Committee of the Regions.

3) Non-Privileged Applicant? In this case, the claimant must have required standing, the position of claimant in relation to the act, not standing a claim will not be considered.

Direct Concern

The test for direct concern is if a claimant's legal situation is directly affected without discretion.

Individual Concern

The test for individual concern requires a claimant to be able to distinguish himself by way of some peculiar attribute. The CJEU can only review acts... Continue reading "Annulment Action: Requirements, Applicants, and Justification" »

Vocabulary Enhancement

A Thesaurus of Powerful Synonyms

A

• Account: Report
• Actual: Authentic
• Activity: Movement
• Advert: Advertisement
• Admire: Appreciate, look up to
• Alone: Lonely
• All time: Constantly
• Allure: Appealing, glamorous, persuasive
• Ambush: Aggression
• Announcement: Publication, notice
• Annoyance: Upsetting
• Apologize: Regret
• Appeal to: Attraction
• Appreciation for one's talent or achievements: Recognition
• Approach: Advance
• Approve: Second
• Atmosphere: Above
• Auction: Subasta (auction)
• Awesome: Amazing
• Avoid: Elude, prevent
• Outrageous: Weird, excessive

B

• Ban: Prohibition
• Becoming a certain age: Turning
• Believable: Credible
• Bizarre: Weird, odd
• Blame: Accuse
• Boost: Support
• Bronch: Office (branch?)

C

• Call out: Announce
• Cheer: Encourage
• Childish: Immature
• Clap: Applaud
• Collect: Accumulate
• Collection:

1. The Five Main Types of Speech Acts According to J.R. Searle:

1. Representatives, which commit the speaker to the truth of the expressed proposition (paradigm case: asserting, concluding).
2. Directives, which are attempts by the speaker to get the addressee to do something.
3. Commissives, which commit the speaker to some future course of action.
4. Expressives, which express a psychological state.
5. Declarations, which effect immediate changes in the institutional state of affairs and which tend to rely on elaborate extralinguistic institutions.

2. Meaning:

Grice makes a distinction between two types of meaning:

• Natural Meaning: This is the kind of meaning something has when it is a natural and reliable sign or symptom of, or evidence for, something. Natural