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

The European Parliament: A Key Institution in the European Union

With 751 members, the European Parliament constitutes one of the largest democratic institutions in the world. Its members (MEPs) are elected every five years through direct election – although there have been some issues concerning poor voter turnout – and are distributed among eight different parliamentary groups which are supposed to represent the whole political spectrum. It is considered one of the main institutions in the European Union alongside the European Council and the European Commission. In order to understand the relevance of the EP in the decision-making of the Union, it will be necessary to analyze what a parliamentary system is and then move into the application...

Judicial Presumptions: Conclusive and Rebuttable

A judicial presumption is a logical inference made by a judge where, once a fact has been established, it is very likely that another fact is true. This is a type of circumstantial evidence, representing the mental activity of inferring the truth of one fact based on another.

It comprises three essential elements: an ascertained fact, a logical link, and a presumed fact. Courts are expected to apply presumptions during the evaluation of evidence.

Presumptions can be categorized into two main types:

• Legal Presumptions: Established directly in the text of the law, these may be either conclusive or rebuttable.
• Judicial Presumptions: Created ad hoc by the court in consideration of the specific circumstances

D’Entreves' Three Points of View on the State

Which three points of view from which the state is approached are considered by D’Entreves? Are those points of view complementary? Why?

The State as Force (Monopoly of Power)

Firstly, the state equals force; it has the monopoly of force. There are, on the one hand, psychological forces affecting everyone everywhere. On the other hand, above all, there are new and unheard-of material forces, made available by the increasing perfection of scientific instruments, weapons, and means of defense and offense. To be sure, from this point of view, it is the executives, the bosses, the war lords, who are the state. It is they who make the decisions and give the commands. They hold the fate of all in their...

Legal Terminology

ARRAIGN OR BE ARRAIGNED: acusar o ser acusado, COUNSEL: consejo, COMBINED: conjunto, POTENTIALLY; TAXPAYERS: contribuyente, STATE: estado, RARELY; PAROLED: lib. condicional, ADDING: añadiendo, HEALTH; CARE: cuidado, INMATES: recluso, "TOUGH ON CRIME": difícil en el crimen, FULL; LESS: menos, WARMER: +calido, TURN OFF: apagar, TURN DOWN: rechazar, UNPLUG: desenchufar, THROW AWAY: tirar la basura, PUT ON: ponerse, MORE: mas, TAKE OFF: quitarse, TURN UP: aparecer, PLUG IN: enchufar, KEEP: guardar, COLDER: +frio, EMPTY: vacío, RELEASE: lanzamiento, ALLOWED: permitido, GUARANTEES: garantía, SPENT; AVAILABLE: disponible, LEAD: dirigir, DEEP: profundo, ARMED=ROBERRY: robo a mano armada, PAROLE BOAR: Junta de lib., TECHNICAL PROBLEM,...

TEXT TYPOLOGY

What is a text? A language unit, spoken or written, with different sizes, communicative functions, social purposes, types, genres, and linguistic features.

Narrative Texts

To tell a story.

• Sequences of events and time
• Fictional or nonfictional
• Narrator: first person (protagonist or witness) or third person (omniscient)

Examples: Myths, fairy tales, stories, science fiction, historical fiction, novels, newspaper reports.

Grammatical features: Dynamic verbs, nouns, adjectives, adverbs, adverbials, and adverb clauses.

Scaffold: 1. Orientation: who, when, where is happening. 2. Complication: Triggers a series of events. 3. Sequence of events: characters react to the complication. 4. Resolution: Problem is solved. 5. Coda: Moral to the story....

Management and Partner Authority

No partner may contradict or hinder the action of the sole manager partner. Management is entrusted as an express condition of the partnership contract, and such a manager may not be removed from their position.

If the manager misuses their powers and their management causes damage to the corporate assets, the remaining partners may:

• Appoint a co-manager from among them.
• Bring a claim for rescission of the sole manager's contract before the courts.

Management can be entrusted to one or more persons who are not partners, and the manager can delegate to third parties who are not partners. All partners are entitled to take part in the management and running of common business, including the right of veto.

When management...

What Pushed Congress Towards a Declaration of War?

President McKinley was responsible for pushing Congress to authorize the war. Ironically, at the start of his presidential term, he actually wanted to steer the US away from any involvement in war. However, after an explosion on an American battleship, which killed 260 of its members, the public wanted aggressive action against Spain, which is what led McKinley to do so.

What Is the Teller Amendment?

The Teller Amendment was a result of President McKinley going to Congress in order to use force against the Spanish in the Spanish-American War. The amendment was passed in order to authorize the war. The amendment stated that the US didn't have any intentions to annex Cuba.

Describe the US Involvement

Evidence Exclusion in Criminal Cases

The Exclusionary Rule prohibits the introduction of evidence obtained in violation of a defendant's constitutional rights in a criminal trial. This applies to violations of the Fourth, Fifth, and Sixth Amendments.

Fruit of the Poisonous Tree Doctrine

Evidence derived from illegal government conduct is generally excluded. However, there are key exceptions:

1. Independent Source: Evidence discovered through a source separate from the illegal conduct.
2. Inevitable Discovery: Evidence that would have been discovered lawfully regardless of the illegal conduct.
3. Defendant's Intervening Acts: The defendant's own actions break the causal chain between the illegal conduct and the evidence.

This doctrine does not apply to:

1. Grand

Public Opinion and Policy

Public Opinion: The collection of views shared by a segment of society on an issue of interest.

Public Policy: The choices the government makes and the actions it takes in response to a particular issue or problem.

Political Socialization and the Media

Political Socialization: The process by which people develop political beliefs.

Mass Media: Means of communication that provide information to a large audience.

Polling and Bias

Sampling Error: The margin of error that indicates a poll's accuracy, given as a percentage above and below the poll's results.

Bias: Refers to errors introduced by polling methods that lead to one outcome over others.

Objectivity: Freedom from bias and outside factors, such as timing, that may influence...

Corporate Contributions

4. Social Contributions: The objective is to provide everything that contributes to the development of corporate purpose. In such a society, only goods and property rights capable of economic assessment may be provided, excluding labor or services. Contributions from industry can be made to society, but in exchange for shares, which are not received. Monetary contributions can be made in any currency, provided they have been converted to euros, and disbursement should also be checked. Non-monetary contributions refer to any good or right capable of economic valuation, other than money. Ancillary services (benefits) can be established. In any case, these must be expressed in the articles of association, indicating the...