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

The World Trade Organization: Structure and Functions

While the GATT was a contractual agreement among its member states, the WTO is an international organization with a legal personality. Its main function is to ensure that trade flows as smoothly, predictably, and freely as possible to liberalize trade.

WTO Governance and Decision-Making

The formal actors in the WTO are the member states. The principal decision-making body is the Ministerial Conference, which meets every two years. Because it meets infrequently, it has delegated its competence to the General Council, which consists of all 164 WTO members. The General Council also acts as the:

• Dispute Settlement Body
• Trade Policy Review Body

The organizational structure of the WTO is completed by...

Thomas More and the Ideals of Humanism

His book Utopia is a foundational text in Humanism, describing an ideal world governed by reason. More represented the emerging “nobility of merit”; born without privilege, he earned the King’s favor. However, he eventually lost this standing when he refused to accept the King’s conditions, as depicted in the text where he is questioned by three nobles for refusing to swear the oath to the Act of Succession.

The 1534 Act of Succession

The First Act of Succession, signed in 1534, appointed Princess Elizabeth—daughter of King Henry VIII and Anne Boleyn—as the true successor to the Crown, while declaring Princess Mary, daughter of Catherine of Aragon, a bastard. Refusal to take the oath was considered...

What Is a Contract?

A contract is an agreement of wills between two or more persons, by which one or more of them consent to be bound to another or others to give something or provide a service. The essence of the contract is the agreement of wills; without it, there is neither a contract nor the obligations derived from it. This agreement requires two key elements: offer and acceptance.

Essential Elements of a Contract

A contract is only valid when the following requirements concur:

• Consent of the contracting parties.
• A certain object which is the subject matter of the agreement.
• The cause of the obligation established.

A. Consent

Consent is the meeting of offer and acceptance, which entails the birth of the contract. However, consent may be defective...

Administrative Decisions (Decision-Making Power)

Administrative decisions (decision-making power) are adopted by the administration (agencies, e.g., the EPA).

• Examples: fines; scholarship; penitentiary permits (probation); third decree; maternity licenses; concession; expropriation decision (possibility to take ownership from a citizen for the public good).

Administrative Adjudication

Administrative adjudication is a decision passed at the federal, state, or local level to resolve a conflict or a dispute between one citizen and the administration, or between citizens.

• Example: a conflict between two students over a scholarship; you may appeal an administrative decision to claim your scholarship.

Administrative decisions = actions. They are actions...

Silence During Police Interviews

On the facts (OTF): The suspect made a “no comment interview,” which constitutes a failure to answer a police question and results in silence at the interview. His failure was to answer a specific question regarding his presence in the bush.

• Question: Presence in the bush (specific question regarding presence).
• Answer: “No comment.” This silence can likely give rise to an adverse inference being drawn pursuant to Section 37 of the CJPOA 1994 (Failure to account for presence).

Applicability of Section 37 CJPOA 1994

Section 37 applies as the suspect will be relying on the unmentioned fact during the trial. However, Section 37(3A) provides that Section 37 is inapplicable if the suspect was denied access to a...

Credit: Economic and Legal Framework

Economic and Legal Concepts of Credit

1. Economic Concept

   Trust allows one party (the creditor or lender) to provide money or resources to another party (the debtor or borrower). The borrower does not reimburse the lender immediately, generating debt, but instead promises to repay or return those resources at a later date. Credit encompasses any form of deferred payment. The borrower receives something of value now and agrees to repay the lender at some later date, typically with interest.

2. Legal Concept

   Credit is defined as a promise of payment formalized through a contractual agreement between the debtor and creditor. In this agreement, the debtor has the obligation to pay, and the creditor holds the right to claim

Introduction to Criminal Law

Key Definitions

Traffic Infraction: Any offense defined as a "traffic infraction."

Misdemeanor: An offense, other than a traffic infraction, punishable by a sentence of 15 days to less than one year.

Violation: An offense, other than a traffic infraction, punishable by a sentence of less than 15 days.

Act: Bodily movement.

Omissions: A form of actus reus. This could include failing to warn others about a dangerous situation you created (e.g., not feeding an infant left in your care).

Actus Reus: Commonly defined as a criminal act resulting from voluntary bodily movement.

Sources of Law

1. Constitution: Identifies basic rights and obligations.
2. Statute: A law passed by a legislature (federal/state).
3. Case Law: Law established by

Counterclaims in Legal Proceedings

Counterclaim: A claim asserted by the defendant against the plaintiff, serving as both a defense and a counter-attack. It involves the defendant's pleadings against the claimant, within their competence.

Requirements for a Counterclaim

• Connection between the defendant's pleadings and the plaintiff's initial claims.
• The Court must have jurisdiction over the subject matter and the counterclaim.
• The counterclaim is filed against the initial plaintiff.

Consequences of a Counterclaim

It is another claim within the same proceeding, discussed and judged alongside the original claim. The counterclaim defendant (original plaintiff) has the right to defend themselves.

Counterclaim Defenses

Types of allegations between the counterclaim...

Alternative Dispute Resolution (ADR) Techniques

a) Negotiation

In negotiation, each party presents their case and proposes their desired outcome. The goal is to reach a mutually agreeable solution. Parties manage their own issues, presenting their case and choosing what information to disclose or conceal during the negotiation process. Sometimes, direct communication between parties is difficult, which leads to other ADR methods.

b) Mediation

Mediation is used when parties are willing to reach an agreement but struggle to communicate directly. A neutral third-party mediator facilitates communication, helping the parties reach a resolution. The mediator does not make a ruling but guides the conversation. Mediation is considered successful when...

Ordinary Proceeding in Spanish Civil Law

1. Filing the Complaint: The plaintiff must attach all documents intended to support the claim.

2. Preliminary Examination: The court checks if the complaint meets the requirements for a decree of admission. Later, it is sent to the defendant for notification.

3. Service of Process: The defendant is expected to answer the claim within 20 days via a statement of defense or may request a motion on jurisdiction (declinatoria), which suspends the plea until resolved.

Preliminary Hearing: Article 414 CPA and Following

The Court will first ask the parties if they wish to reach an agreement.

Examination of Procedural Issues

The dispute between the parties is divided into three steps:

• Additional allegations
• Stands on