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

Landmark Supreme Court Case Summaries

First Amendment and Privacy Rights Cases

• Planned Parenthood v. Casey: Established the Undue Burden Standard; states can require parental notification for minors (with judicial bypass).
• Bowers v. Hardwick: Upheld state laws criminalizing sodomy (later overturned by Lawrence v. Texas).
• Cruzan v. Mo. Department of Health: Recognized the right to refuse life-sustaining treatment (Right to Die).
• Griswold v. Connecticut: Established the fundamental right to privacy regarding marital contraception.
• Regents of Univ. of California v. Bakke: Addressed affirmative action; race can be a factor in admissions, but numerical quotas are unconstitutional.
• Engel v. Vitale: Mandatory school prayer violates the Establishment Clause.

IR theories:

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L541: Corporate Finance Law and Business Planning

Prof. Karen E. Woody
Assistant Professor of Business Law & Ethics
Fall 2016

•Section 11 of the Securities Act of 1933

-An underwriter is liable for errors in the entire registration statement

-As an expert, an auditor is liable only for that part of a registration statement for which the auditor has issued an opinion about the financial statements

•Auditors (experts) may raise due diligence defense

-Compliance with GAAS and GAAP required

•Underwriters may also raise a due diligence defense:

-For parts of registration statement contributed by experts, underwriter may rely on expert opinion

-For remainder, the underwriter must prove a reasonable investigation, after which s/

Mastering English Modal Verbs and Usage

This section clarifies the meaning and context for essential modal verbs and related expressions concerning necessity, obligation, possibility, and ability.

Modal Verbs for Obligation, Necessity, and Rules

• MUST: Expresses strong certainty, obligation, or essential requirement. (I'm sure, I'm certain, is obligated to, essential that, it's compulsory, needs, needs to be, it's necessary for, rule.)
• HAVE TO: Expresses external obligation or necessity. (Is obliged to, it's essential that, it's compulsory.)
• MUSTN'T: Expresses prohibition or danger. (It's forbidden that, not permitted/allowed, dangerous.)
• DON'T HAVE TO / DOESN'T HAVE TO: Expresses lack of necessity. (It isn't necessary.)
• HAD TO: Expresses past necessity.

Chapter 15: Exam 3 Review

Civil vs. Criminal Law

• Civil Law: Deals with disputes between individuals or organizations, where compensation is awarded to the victim.
• Criminal Law: The body of law concerning crime and the legal punishment of criminal offenses.

Legal Precedent and Stare Decisis

Stare decisis is the doctrine of precedent. A precedent is a principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.

The Federal Court System

The federal system consists of three main levels:

• District Courts: The trial courts (94 total).
• Circuit Courts: The first level of appeal (13 total).
• Supreme Court of the United States: The final level of appeal.

Article

The Spanish Constitution: Supreme Law of Spain

The Spanish Constitution stands as the supreme law of the Spanish legal system, to which both authorities and citizens of Spain are subject.

Purpose and Core Principles

The development of a constitutional text primarily aims to define the functions of state powers and establish citizen guarantees. With the creation of the Spanish Constitution, Spain transitioned to a social and democratic state of law, advocating values such as freedom, justice, and equality. Furthermore, the Constitution entrenches the principle of national sovereignty, which resides in the people, and establishes a parliamentary monarchy as the form of government. The King serves as Head of State, and the division of powers, a fundamental...

Business Growth and Corporate Classification

Classification by Global Management

Multinational Company: A company with significant sales in other countries, possessing industrial plants abroad, and managed in a global way.

Robinson's Classification of International Companies

1. Multinational: The main company chooses from the other countries/companies.
2. National: Operates in only one country.
3. International: Every subsidiary chooses what actions to take.
4. Transnational: Origin is irrelevant; individuals from any country can hold chief executive positions.
5. Supranational: Every subsidiary must obey the law of its country (though they are not legally subject to a specific country).

Perlmutter's EPRG Framework (Strategic Orientation)

This framework classifies...

Steps for Company Registration in Spain

Case 3 - Registered Process:

1. Receive certification of uniqueness of the intended company name from the Mercantile Register.
2. Open a bank account for the company, deposit capital in the bank, and obtain the deposit certificate.
3. File the Single Electronic Form (DUE) and make an appointment with a notary.
4. Obtain the registered public deed of incorporation of the company and the Fiscal Identification Number (NIF).

Protecting Industrial and Intellectual Property

The company is going to produce a specific product. Before it starts its activity, the partners of the company have registered it in the Mercantile Register with a social name. If the company distributes the product in Spain, it will have to protect it only...

Legal Regulations and Official Publications

Laws in Catalonia are published in the DOGC, while Spanish laws are published in the BOE.

1. Legal Regulation Definition

Legal regulation is a source of law promulgated by a governmental body in a specific manner, consisting of a combination of written and officially published rules. These rules follow a strict hierarchy.

2. European Union Law

As a member of the EU, Spain must follow EU regulations and adapt its national law accordingly. The European Commission makes proposals, which the Council and Parliament approve. These are published in the Official Journal of the European Union.

• Primary Regulation: Treaties.
• Secondary Regulation:
  • Directives: Member states must adapt their national legislation to these.