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

What is a Profession?

Definitions and Traits

What is the difference between a profession and an ordinary job? Here are some key definitions and traits:

• Dictionary Definition: According to Littrich & Murray, citing the Oxford English Dictionary, a profession is “a vocation or calling, especially one that involves some branch of advanced science or learning.”
• Common Traits (Millerson in Littrich & Murray):
  • Skill based on a body of theoretical knowledge.
  • Provision of training and education.
  • Testing competence prior to entrance.
  • Organisation.
  • A code of ethics.
  • An ethos of altruistic service.
  • Selflessness.
• Dal Pont’s Common Attributes of a Profession:
  • Special skill and learning.
  • Public service.
  • Differentiates from other professions.
  • Self-regulation

Key Supreme Court Cases

Roper v. Simmons: Death Penalty for Minors

The Supreme Court ruled that the death penalty for minors is unconstitutional. This decision considered the national consensus of state laws and international standards as a measure of evolving standards of decency.

Marbury v. Madison: Establishing Judicial Review

In Marbury v. Madison, the Supreme Court asserted its power of judicial review. Marbury argued that the Judiciary Act of 1789 granted the Supreme Court original jurisdiction to order the delivery of his commission. However, the Court found that this Act conflicted with Article III of the Constitution, which defines the Court's original jurisdiction. While Marbury had a right and a remedy, the Court ruled he must pursue...

Board of Directors: Purpose and Responsibilities

1) What is the purpose of the Board of Directors?
A group of people who jointly oversee the activities of a company.

Functions:

• They must represent the interests of the shareholders and the company.
• Decide whether shareholders receive dividends and, if so, how much they receive.
• Board members approve annual budgets.
• Support the CEO, whether appointed or hired.
• Board members hire and fire top executives.
• They decide on executive compensation.

Who Is in Charge of the Board?

2) Who is in charge of the Board of Directors?
Shareholders of a public company elect the members of the Board of Directors; the board's composition may vary depending on the type of business.

Who Reports to the Board?

3) Who reports to

Types of Research Misconduct

• Fabrication (Illegitimate creation of data): Fabrication is the act of conjuring data or experiments with a belief of knowledge about what the conclusion of the analysis or experiments would be, but cannot wait for the results possibly due to timeline pressures from supervisor or customers.

• Falsification (Inappropriate alteration of data): Falsification is the misrepresentation or misinterpretation, or illegitimate alteration of data or experiments, even if partly, to support a desired hypothesis even when the actual data received from experiments suggest otherwise. Falsification and fabrication of data and results hamper engineering research and cause false empirical data to percolate in the literature, wreck trustworthiness

Transparent and Democratic Institutions

The EU system enables Member States to work together in pursuit of commonly agreed goals. It brings together EU and national institutions in a system that was partly designed and partly improvised over time. EU institutions are at the heart of the EU system. The EU remains focused on making its governing institutions more transparent and democratic. Decisions are taken as openly as possible and as closely as possible to the citizen.

• More powers have been given to the directly elected European Parliament, while national parliaments play a greater role, working alongside the European institutions.
• The EU is governed by the principle of representative democracy, with citizens directly represented at the Union

In a partnership, two or more individuals or entities agree to carry on a business together with the goal of making a profit. Both partners have rights and duties that govern their relationship and the business operations. Here's an outline of the key rights and duties:

Key Rights of Business Partners

• Right to Participate in Management: Each partner has the right to take part in the management and decision-making of the partnership unless otherwise agreed.
• Right to Profits: Partners are entitled to share the profits of the business according to the terms of the partnership agreement (or equally if not specified).
• Right to Access Information: Partners have the right to access the partnership's books and records and inspect the business's financial

Key Terms of the US Presidency and Executive Branch

1. Veto: The President rejects a bill.
2. Bureaucracy: Executive departments and agencies that enforce laws.
3. Executive Order: Presidential policy enacted without Congress.
4. Iron Triangle: Bureaucracy, Congress, and interest groups working together.
5. Policy Agenda: A set of issues the government is focused on.
6. Independent Regulatory Agency: Regulates specific economic sectors.
7. Independent Executive Agency: Like a cabinet, but with a narrower focus.
8. Line-item Veto: The President blocks specific provisions of a bill.
9. Executive Agreement: The President's agreement with another nation.
10. Executive Privilege: The President's right to withhold information.
11. Honeymoon Period: High presidential popularity immediately after

Principles of Public Administration

The fundamental principles governing public administration include effectiveness, hierarchy, decentralization, deconcentration, and coordination.

General principles for effective service to citizens include:

• Simplicity, clarity, and promotion of citizen participation.
• Objectivity and transparency of administrative action.
• Rationalization and agility of administrative procedures and material management.
• Good faith, legitimate expectation, and institutional loyalty.
• Responsibility for public management, planning, and management by objectives.
• Economy, sufficiency, and strict adaptation of means for institutional purposes.
• Efficiency in the allocation and use of public resources.
• Cooperation, collaboration, and coordination

Writs in Indian Law

Habeas Corpus

"Habeas Corpus" is a Latin term which literally means "you may have the body." The writ is issued to produce a person who has been detained, whether in prison or in private custody, before a court and to release him if such detention is found illegal.

AK Roy vs Union of India, Kanu Sanyal vs District Magistrate

Mandamus

"Mandamus" is a Latin word, which means "We Command". Mandamus is an order from the Supreme Court or High Court to a lower court or tribunal or public authority to perform a public or statutory duty. This writ of command is issued by the Supreme Court or High Court when any government, court, corporation or any public authority has to do a public duty but fails to do so.

East India vs Collector of

US v Haggar: