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

The Jury System: Pros and Cons

In criminal trials, particularly those seen on US TV, we watch juries struggling to decide guilt. However, in reality, some countries use juries while others do not. Are juries a good idea?

Arguments for Professional Judges

On the one hand, there are advantages to leaving important legal decisions to a professional judge. Jurors may not understand some aspects of a trial, such as complex legal arguments or forensic evidence. In addition, they might make hurried decisions because they've been forced to interrupt their lives for a trial and are impatient to return to their jobs and families.

Arguments for Trial by Jury

On the other hand, trial by jury means that defendants are judged by a group of their equals. Jurors...

The Northern Ireland Protocol: Core Objectives

The agreement:

• Avoids a hard border between Ireland and Northern Ireland, enabling the smooth functioning of the all-island economy and safeguarding the Good Friday (Belfast) Agreement in all its dimensions.
• Ensures the integrity of the EU’s Single Market for goods, along with all the guarantees it offers in terms of consumer protection, public and animal health protection, and combatting fraud and trafficking.

Main Elements of the Protocol

1. Alignment with EU Rules

As of the end of the transition period, Northern Ireland is subject to a limited set of EU rules related to the Single Market for goods and the Customs Union. The Union's Customs Code, for example, applies to all goods entering or exiting...

Membership: Can be classified into 2 heads:
a) Original members - states that participated in UN conference at San Francisco.
b) States admitted as members - a state may be admitted to UN on the affirmative recommendation of Security Council and by resolution of General Assembly by 2/3 majority. Essentials:
a) Must be a state
b) Must be a peace-loving state
c) Must accept obligations of UN Charter
d) Must be willing to carry out those obligations
e) Must be able to carry out those obligations. Suspension of Members: A member of UN against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of rights and privileges of membership. Suspension is done by General Assembly upon the recommendation...

Convention

An agreement between states covering particular matters, especially one less formal than a treaty.

Convention country

A Convention country is a nation that has ratified and brought into force the Hague Adoption Convention, and is a party to or member of that Convention with the U.S. for adoption procedures.

Certification mark

A certification mark is a type of trademark used to show consumers that particular goods and/or services, or their providers, have met certain standards.

Novelty

The quality of being new, original, or unusual.

Article

An article in law is a separate and distinct part of a written instrument, such as a contract, statute, or constitution, that is often divided into sections.

Adaptation

Copyright owners have the right to...

-ISM

• Consumer - Consumerism
• Environment (adj) - Environmentalism
• Professional (adj) - Professionalism

-IST

• Biology - Biologist
• Optimism - Optimist
• Pacifism - Pacifist
• Physics - Physicist
• Piano - Pianist
• Race - Racist

-SHIP

• Citizen - Citizenship
• Friend - Friendship
• Member - Membership
• Relation - Relationship

-(E)TY

• Anxious - Anxiety
• Safe - Safety

-ITY

• Creative - Creativity
• Equal - Equality
• Generous - Generosity
• Popular - Popularity

-NESS

• Aware - Awareness
• Ill - Illness
• Kind - Kindness
• Lonely - Loneliness
• Weak - Weakness

-ENCE

• Confident - Confidence
• Different - Difference
• Intelligent - Intelligence
• Patient - Patience

-URE

• Literate - Literature

Case Holdings

• Gideon v. Wainwright — challenge right to counsel if poor.
• Sperling v. Teplizky — temporary restraining order.
• Keatins v. Dr. Bolander — sued for medical expenses, loss of income, medical distress.
• In re Gault (Juvenile case) — juveniles have the right to counsel, same as adults.
• Hurley v. ACPD — compensatory damages and punitive damages.
• State v. Marquez — court finds him guilty of the restraining order; burglary charge dismissed.
• R v. Sundown — the appeal should be dismissed.
• Brown v. Board of Education — segregation in American public schools was inherently unequal.
• Miranda v. Arizona — suspects must be informed of their constitutional right to an attorney and against self-incrimination.
• Mapp v. Ohio — evidence obtained

Incoterms Theory Exercises

1. Definition of F Terms

The F terms require the seller to deliver the goods for carriage in accordance with the instructions of the buyer.

2. Meaning of Customs Clearance

Customs clearance involves the preparation and submission of documentation required to facilitate exports or imports. This includes representing the client during customs examination, assessment, payment of duty, and taking delivery of cargo from customs after clearance.

3. Customs Clearance Channels in Spain

When shipping goods from Spain to Germany, three channels may be encountered:

• Green Channel: Indicates that all documentation is correct and goods are cleared for transit.
• Orange Channel: Indicates that submitted documentation requires verification.

Equity and Ownership Interest

Equity represents an ownership interest in a corporation. Key characteristics include:

• Common stockholders vote for the board of directors and other corporate issues.
• Dividends are not considered a cost of doing business and are not tax-deductible.
• Dividends are not a liability of the firm, and stockholders have no legal recourse if dividends are not paid.
• An all-equity firm cannot go bankrupt.

Interest vs. Dividends

Debt is not an ownership interest in the firm. Creditors do not usually have voting power. The corporation’s payment of interest on debt is considered a cost of doing business and is fully tax-deductible. Conversely, dividends are paid out of after-tax dollars. Unpaid debt is a liability of the firm; if...

Four Variables of Administrative Procedure

There are four primary variables to consider within administrative law systems, divided between the initial phase and the judicial review phase.

Variables Within the Initial Phase

1. Combined-Function Agency vs. Separated Tribunal

• Combined-function agency: In some countries, the agency performs multiple roles. You must ask for a reconsideration within the same agency. Examples: United States, Spain, and Germany.
• Separated tribunal: You do not ask the same agency for reconsideration, but rather an independent tribunal. Examples: United Kingdom and other Common Law countries.

2. Adversarial vs. Inquisitorial Hearing Procedures

• Adversarial procedure: There is a judge where one party is the administration and