Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Universal Jurisdiction (UJ) in International Law

UJ has become the preferred technique by those seeking to prevent impunity for international crimes. While there is no doubt that it is a useful and, at times, necessary technique, it also has negative aspects. The exercise of UJ is generally reserved for the most serious international crimes, such as war crimes, crimes against humanity, and genocide; and other crimes such as terrorism because there is a treaty that specifically defines that terrorism falls under the means of UJ. UJ must be used carefully so it doesn’t create any negative consequences. If a country includes in its criminal and civil codes the fact that they want to apply UJ they established to themselves the obligation to try... Continue reading "Understanding Universal Jurisdiction in International Law" »

The Roman Republic

It was the 2nd period in Roman history from 509 B.C to 27 B.C. It was a result of a revolt which removed the Etruscan king.

Social and Political Groups

There were 2 important social and political groups:

• Patricians: They were descendants of the aristocratic families that founded Rome. They were a minority of the population and had important functions such as judging, controlling the land, holding public office, and governing the city.
• Plebis: They included anyone who arrived in the city after its founding. They were the majority of the population. At first, they didn't have political rights and property. After, they achieved 2 important things: the plebeian to represent their interest in politics and the law of 12 tables to enable

• 13th Amendment

  The Civil War amendment

• 14th Amendment

  Anyone born in the US is a US citizen

• 15th Amendment

  Voting rights cannot be denied because of race or color

• 16th Amendment

  Income tax

• 17th Amendment

  Direct election of senators

• 18th Amendment

  Prohibited sale of alcohol

• 19th Amendment

  Women's right to vote

• 20th Amendment

  Changed the presidential inauguration

• 21st Amendment

  Alcohol prohibition is repealed

• 22nd Amendment

  President limited to two terms

• 23rd Amendment

  Voting rights for citizens of Washington D.C.

• 24th Amendment

  Eliminated poll tax

• 25th Amendment

  President succession

• 26th Amendment

  Lower voting age to 18

• 27th Amendment

  Pay raises for congress

Insolvency Proceedings: Pre-Insolvency Proceedings and Out-of-Court Payment

In Spain, when a debtor faces a plurality of creditors and cannot fulfill their obligations, the law provides a judicial process known as insolvency proceedings. Once insolvency is declared, the debtor loses the freedom to choose which creditors to pay and must request the formal declaration of insolvency.

The primary objective of insolvency proceedings is to salvage viable businesses. However, this process has its drawbacks. As an alternative to filing for insolvency, Spanish law allows debtors to notify the court of their intent to negotiate a refinancing agreement. If an agreement or out-of-court payment is not reached within three months of this notification, the... Continue reading "Insolvency Proceedings and Out-of-Court Payment Options in Spain" »

Definitions

• reminiscent: reminding of something in the past
• sprawling: spreading over a large area
• vast: of great extent
• prospective: likely to happen
• station: assign to a specified place for a particular purpose
• walk out on somebody: break up
• heyday: person's greatest success
• consortium: association of several companies
• venture: business enterprise that involves risk
• output: amount of something produced
• flourish: develop rapidly
• attentive: paying close attention to something
• buzz: humming sound
• captivating: capable of attracting interest
• cater for somebody: provide
• close-knit: bound together with common interest
• eradicate: destroy
• hilly: having many hills
• immense: large
• tucked away: located in a concealed place
• stone's throw from: close
• teem with: full of or swarming

Basic Law: Human Dignity and Liberty

Ensures freedom of movement for Israelis into and out of the country.

Separation Fence Impact on Palestinian Farms

The court will rule that injuries caused by the fence are disproportionate to the security benefit; the fence has to be rerouted.

Ministry of Education Special Grants to Jewish Schools

The court will hold that these grants are discriminatory in their impact since it may be assumed that the criteria were chosen in order to exclude Arab communities, therefore, invalid.

Gender Equality in Israel

YES, because there is both formal and substantive equality in Israel stemming directly from the Declaration of Independence and from decisions of the HCJ.

YES, equality is a non-enumerated right from the Basic

The formal process by which risk factors are systematically identified, assessed, and responded to. Risk management concentrates on identifying and controlling areas or events that have the potential of causing unwanted change.

The Main Objective of Risk Management

The main objective of risk management is to detect, analyze, and control the risks.

Detection of Risks

Involves identifying the threats and vulnerabilities that can affect the organization's assets. It is essential to have experience for the identification of risks as they can originate from random sources and don't follow a fixed pattern. Detection is often the toughest part as risks can often be overlooked.

Analysis of Risk

Deals with the collection and calculation of data regarding... Continue reading "Risk Management: Identifying, Assessing, and Responding to Risks" »

Consumer Rights and Protection

The Right to be informed: - You have the benefit of receiving accurate information

- Consumer make wise decisions only if they have the information they need

The Right to choose

- Consumer have a variety of goods and services

- Business compete to sell the product and services to consumers

The right to Safety:

- You have the right to products that are safe to use

- Federal laws ensure that clothing, food, toys and other items

The right to be heard:

- Consumers who have complaints about products or services have a right to be heard

- Business rely on consumer satisfaction

To have problems corrected:

You can take a defective item back to the store with a receipt, some businesses replace it or issue a refund.

You can go to a... Continue reading "Consumer Rights and Protection: A Guide to Consumer Bills and Movement" »

Hypotech - Elements: Subjective. Hypothecor and Hypothecee

Capacity. The constituent has to be the owner of the unmovable and the right to dispose of it. Objective: The thing has to be free of any other charge and can guarantee any type of obligation. Formal: Written agreement (obligation/sum of money covered.) Notarial deed and registration (Constitutive effect in SP, UK, GER, and Dutch).

The owner of the thing (debtor) remains the possessor of the thing and can use (civiliter use), enjoy, dispose and even burden it. The hypothec can be modified.

Retention of Title: Elements: Subjective.

Seller and buyer. Objective: Assets. Formal: Written and accepted special document (FR and BEL) versus no special document - adherence to the general agreement... Continue reading "Hypotech and Retention of Title: Elements, Objectives, and Formalities" »