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

American Political System and Key Legislation

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Vocabulary

GuttingTaking out everything.
ReconcilingRestoring friendly relations between.
Bait and SwitchThe action (generally illegal) of advertising goods that are an apparent bargain, with the intention of substituting inferior or more expensive goods.
Marking UpThe process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
RedliningRefusing (a loan or insurance) to someone because they live in an area considered to be a poor financial risk.

Presidential Elections

A president elected by popular vote is an invention of the American political system.

Presidential Vetoes and War Powers

Grover Cleveland was known for vetoing bills he disliked, frequently targeting bills designed to give special pensions

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Effective Essay Structure and Citation Standards

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Essay Structure

Introduction

The introduction should tell the reader what to expect in the essay. It should make clear to the reader the focus of the essay, the scope of the research (in particular, an indication of the sources to be used), and an insight into the line of argument to be taken.

Body

The body should be presented in the form of a reasoned argument. The form varies with the subject, but as the argument develops, it should be clear to the reader what relevant evidence has been discovered, where and how it has been discovered, and how it supports the argument.

Citation Formats for Various Sources

  • Book: Author – Title – Institution, Publisher, and City – Publication Date – Edition (if applicable).
  • Chapter from Book: Author – Title
...
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Understanding Public and Private Law: Major Branches and Functions

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1. How would you characterize public and private law?

Public law deals with issues that affect the general public or state, society as a whole. Including Administrative law, Constitutional laws, Criminal laws, Municipal laws and International laws.

On the other hand, private law affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matters, which includes Contract law, Tort law - rights, obligations and remedies provided to someone who has been wronged by another individual, Property law, Succession law - governs the transfer of an estate between parties And Family law.

2. Which are the major branches of private law?

Private law deals with the mutual...

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Landmark Religious Freedom Cases: Establishment & Free Exercise

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Landmark Religious Freedom Cases

School Prayer Cases and the Lemon Test

  • Engel v. Vitale (1962)

    • Mere promotion of a religion is sufficient to establish a violation, even if that promotion is not coercive.
    • School prayer is a religious activity by its very nature.
  • Abington School District v. Schempp / Murray v. Curlett

    • Declared school-sponsored Bible reading in public schools in the United States to be unconstitutional.
    • Must be neutral (basis for prong 2 of Lemon Test).

Church of Lukumi Babalu Aye v. City of Hialeah

  • The court struck down the city ordinance.
  • The ordinance made it a crime to kill, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption.
  • “The laws in question were enacted by
...
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Criminal Offences Overview: Terrorism, Treason, and More

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Terrorism - The use or threat of action where the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.Treason - "When a man doth compass or imagine the death of our Lord the King, or of our Lady his [X2Queen] or of their eldest son and heir;Inchoate-Intentionally encouraging or assisting an offence (before: Incitement) - A person commits an offence if he/she does an act capable of encouraging or assisting the commission of an offence;
Conspiracy (statutory) - If a person agrees with any other person or persons that a course of conduct
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Trademark Registration: CIPO, USPTO, and International Systems

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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...

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Real Estate Transfer and Registration Essentials

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Article 58: Property Transfer Registration

To register the transfer contract inter vivos, gift, or an estate that has not previously been registered, the Keeper will require evidence of having given notice of such transfer to the public through three advertisements in a newspaper. This notice must be placed in the department or the capital of the province (if there isn't a newspaper in that department). A sign must also be set for at least fifteen days in the office of the Conservative, with the designations of persons transferring the property, and the boundaries and name of the property, which is the subject of the contract.

The Conservative will certify compliance with the requirements indicated in the preceding paragraph at the foot of the...

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Temporary Agency Workers' Rights and Regulations in the EU

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Rights and Regulations for Temporary Agency Workers in the EU

Essential Working Conditions

3. Temporary Employment Agencies (ETTs) are prohibited from requiring workers to pay fees in exchange for managing their employment, working contracts, or entering into business relationships with the client company upon completion of a mission.

4. Temporary agency workers employed by ETTs are entitled to access facilities and services common to the undertaking, including catering services, childcare, and transportation, under the same conditions as workers employed directly by the user enterprise. Different treatment is only justified for objective reasons.

5. Member States must take effective measures and promote dialogue between social partners to:

  • Improve
...
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Misappropriation of Public Funds in Spain

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Embezzlement of Public Funds

Article 432.1: This article addresses the core offense, which involves a public official stealing public revenues or assets entrusted to them due to their position. This is considered passive embezzlement when the official allows a third party to steal said funds. The perpetrator must be a public official, as defined in Article 24 of the Penal Code. The act involves 'stealing,' which is equivalent to 'appropriating' with the intent to incorporate the assets into their own or a third party's possession. 'Funds' are defined as anything of economic value belonging to the Administration, not necessarily already within the public treasury. The official must have control of these funds due to their position; otherwise,...

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Roman Assemblies: Structure, Functions, and Evolution

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1. Curiate Assembly (Comitia Curiata)

Though present in the Republican era, the Curiate Assembly's role diminished significantly, becoming largely ceremonial. The original 30 curiae were represented by 30 lictors. The Lex Curiata de Imperio and the Rex Sacrorum maintained some relevance. Acts like adrogatio and adoptio were performed in their presence. Originally a military assembly based on kinship groups (curiae), changes in military tactics led to its decline.

2. Centuriate Assembly (Comitia Centuriata)

This assembly emerged with the adoption of hoplite tactics, a defensive military strategy requiring substantial metal armor. As resources increased and armor became more common, warfare became less aristocratic. Initially a military assembly...

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