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

Criminology: A Comprehensive Guide to the Study of Crime

Law4.05 KB

Criminology: The Scientific Study of Crime

Definition of Crime

Criminology is the scientific study of the nature, extent, management, causes, control, consequences, and prevention of criminal behaviour, both on the individual and social levels. It is an interdisciplinary field that draws upon the research of sociologists, psychologists, philosophers, psychiatrists, social anthropologists, and scholars of law.

Elements of a Crime

A crime has two fundamental elements:

  • Actus reus: The physical element of the crime
  • Mens rea: The mental element of the crime

Miranda Warning

The Miranda Warning is a communication that police officers in the United States must give to every person who has been arrested. It informs the person of their rights, including the...

Continue reading "Criminology: A Comprehensive Guide to the Study of Crime" »

Understanding Abetment in Criminal Law

Law4.56 KB

Abetment of a thing

A person abets the doing of a thing, who;-
(iInstigates any individual to do that thing; or

(ii)Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illicit oversight happens in pursuance of that conspiracy and in order to the doing of that thing; or

(iii)Intentionally aids, by any act or unlawful exclusion, the doing of that thing. Section 107

Abetment

Abetment can be committed only when there is positive evidence of either instigation or conspiracy or intentional aid. If none of these three elements stated above is available then abetment does not stand proved. Therefore, mere presence at the scene of the offence would not be sufficient to make out a case of abetment. NLR

...
Continue reading "Understanding Abetment in Criminal Law" »

Understanding Political, Economic, and Legal Systems: A Comprehensive Guide

Law3.42 KB

Political Systems

A political system refers to the system of government in a nation. There are three main types of political systems:

  • Collectivist-Socialist Systems: These systems prioritize collective ownership and control over economic and political resources.
  • Individualist-Democratic Systems: These systems emphasize individual freedom and choice in economic and political pursuits.
  • Totalitarian Systems: These systems concentrate absolute control over all aspects of society in the hands of a single person or party.

Economic Systems

An economic system refers to the way in which a society produces, distributes, and consumes goods and services. There are three main types of economic systems:

  • Market Economies: These systems are characterized by private
...
Continue reading "Understanding Political, Economic, and Legal Systems: A Comprehensive Guide" »

Clearing and Settlement in Financial Markets: Importance and Process

Law2.83 KB

Clearing and settlement are fundamental processes in financial markets. After the trade is executed, the record is submitted to the clearing agency, which matches the buyer and seller record and confirms that the counterparts agree to the terms. The agency reports discrepancies to traders in case the reports do not match, who then try and resolve them. After the clearing process is performed, through settlement, agencies fulfil the delivery requirements of the securities object of a trade. The settlement agency receives cash from buyers and securities from sellers and, at the end of the process, gives the securities to the buyer and the cash to the seller. Agencies perform an important function in case a trader is not trustworthy or creditworthy.
...
Continue reading "Clearing and Settlement in Financial Markets: Importance and Process" »

United Nations: Structure, Purposes, and Principles

Law2.62 KB

United Nations

The United Nations, a peace project succeeding the League of Nations, was founded in 1945. Fifty-one original members signed the UN Charter in 1945 or participated in the 1942 San Francisco conference where the Charter was drafted.

Security Council

The UN Security Council has five permanent members: China, France, Russia, the United Kingdom, and the USA. Other admitted members must agree to the following terms:

  • Be a state
  • Be peace-loving
  • Accept the obligations
  • Be able to fulfill the obligations
  • Be willing to fulfill the obligations

The Security Council's main task is to maintain international peace and security. It has 15 total members, including 10 non-permanent members.

Organs

The UN has six main organs, one of which is now non-functional....

Continue reading "United Nations: Structure, Purposes, and Principles" »

Roman Law: Crimes, Torts, and Quasi Contracts/Delicts

Law3.62 KB

Private Crime

1. Identification

Unlawful conduct affecting the field of tested and were initially suppressed by revenge.

2. Types

Furtum (Theft)

Different cases of damage to things that limited property rights, without violence. The owner was granted action against the thief.

Rapina (Robbery)

Property damage with violence. Action of stealing with violence.

Injury

Serious bodily injury, injury to organs of the body (300 and 150 aces), slapping (25 aces), the law of retaliation.

3. Subjects

Active

Victim of the illegal act.

Passive

The author of the crime should have the ability to understand and love.

4. Actions

Urged a covenant, but applies the lex talionis (eye for an eye, tooth for a tooth).

Only a limited subset of torts is included in the enacted law. The...

Continue reading "Roman Law: Crimes, Torts, and Quasi Contracts/Delicts" »

Understanding Credit Instruments: Bills of Exchange, Checks, Promissory Notes

Law2.99 KB

Credit Instruments

The instruments most commonly used in exchanges between companies are the bill of exchange, checks, and promissory notes.

Bill of Exchange

A bill of exchange is a commercial document whereby a person, the drawer, orders another, the drawee, to pay a certain amount of money on a particular date. The payment of the bill of exchange can be made to the drawer or a third party called the beneficiary, payee, or holder, to whom the drawer has sent or endorsed the bill of exchange.

  • The drawer: Is the person who is a creditor of the debt and who issues the bill of exchange.
  • The drawee: Is the debtor who must pay the bill of exchange. The drawee may accept or reject the payment order given by the drawer, and if they accept it, they are
...
Continue reading "Understanding Credit Instruments: Bills of Exchange, Checks, Promissory Notes" »

State Authority and the Characteristics of Political Power

Law2.57 KB

Understanding Political Power and State Authority

Authority

Authority is the delegated responsibility given to individuals holding office, often for the purpose of training and enabling others to exercise their own responsibilities. From the standpoint of the State, authority is the power exercised by a person authorized by an institution to perform generally recognized functions.

General Government

General Government consists of the general policy or practice driving state power. Strictly speaking, it usually refers to the body (which may include a chairman and a variable number of ministers) to which the Constitution grants the executive function of the State, allowing it to exercise political power over a society.

Political Power

Political Power...

Continue reading "State Authority and the Characteristics of Political Power" »

Contractual Consent: Validity and Requirements

Law2.53 KB

Contractual Consent

  • Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

  • Statement of intent to offer: A person proposes an undertaking or a contract to another.
  • Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

  • Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided
...
Continue reading "Contractual Consent: Validity and Requirements" »

Understanding Subordinate Clauses: Adjective and Adverbial Types

Law3.22 KB

Substantive Clauses

Substantive clauses function as nouns or noun phrases within a sentence. Nexus: that, if, interrogative pronoun.

Adjective Clauses (Relative Clauses)

Adjective clauses modify nouns, just like adjectives. The noun being modified is called the antecedent. Adjective clauses are also known as relative clauses because they are introduced by relative pronouns, adjectives, or adverbs.

Links:

  • Relative pronouns: who, whom, whose, which, that
  • Relative adjectives: whose
  • Relative adverbs: where, when, how, why

Types of Adjective Clauses:

Restrictive (Defining) Clauses

Restrictive clauses limit or define the meaning of the noun they modify. They are essential to the sentence's meaning.

Example: Students living far away arrived late. (This limits...

Continue reading "Understanding Subordinate Clauses: Adjective and Adverbial Types" »