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

Civil vs. Criminal Law

Civil Law Procedures

Purpose: It regulates relationships between individuals, dispute settlements, and the enforcement of rights.

Parties: Claimant or Plaintiff vs. Defendant.

Legal Action: To take legal action against somebody, to make a claim against somebody, to issue a claim against somebody, to file a suit against somebody, or to sue somebody.

Outcomes: The judge decides liability. The judge provides a remedy, such as damages, an injunction, or a declaration.

Criminal Law Procedures

Purpose: Prevents people from committing offenses.

Parties: Prosecutor vs. Defendant, Wrongdoer, Accused, Offender, or Criminal.

Legal Action: To take legal action against somebody, to file charges against somebody, to press charges against somebody,...

2 Types of Supreme Court Jurisdictions

1. Appellate Jurisdiction

Appellate jurisdiction covers cases from federal courts and the highest state courts involving federal questions (interpretation of the U.S. Constitution, statutes, or treaties). This process is discretionary, not obligatory, and follows the Rule of Four.

2. Original Jurisdiction

Between 1789 and 2012, there were only about 200 original jurisdiction cases. Under Article III, these include:

• Cases between a state and the U.S. Government.
• Cases between two or more states.
• Cases involving foreign ambassadors, ministers, or consuls.
• Cases initiated by a state against a citizen of another state or a foreign country.

Note: The 11th Amendment (1795) requires suits initiated against a state by...

Direct Taxes

India has entered into Double Taxation Avoidance Agreements (DTAA) with 65 countries, including the US. In case of countries with which India has a DTAA, the tax rates are determined by such agreements.
Domestic corporations are granted credit on foreign tax paid by them while calculating tax liability in India. In the case of the US, dividends are taxed at 20%, interest income at 15%, and royalties at 15%.

Indirect Taxes

Excise Duty

The manufacture of goods in India attracts Excise Duty under the Central Excise Act 1944 and the Central Excise Tariff Act 1985. Herein, the term"Manufactur" means bringing into existence a new article having a distinct name, character, use, and marketability, and includes packing and labeling.
Most products...

Legal Spanish-English Vocabulary

This glossary lists common Spanish legal terms with their English equivalents, covering lawyers, courts, trials, and crimes.

Legal Professionals

• Abogado (Genérico): Lawyer (UK), attorney
• Abogado (Asesor legal): Solicitor
• Abogado (Que se dirige al juez): Barrister
• Abogado defensor: Defense counsel

Court Proceedings and Trials

• Absolver, absolución: To acquit, acquittal
• Acusación: Indictment
• Acusado: Defendant
• Apelación: Appeal
• Corte: Court
• Juicio: Trial
• Jurado: Jury
• Juramento: Oath
• Orden judicial: Court order
• Pleito: Court case
• Procesar: To prosecute
• Ser juzgado: To be tried
• Suprema Corte: High Court
• Tribunal de apelación: Appeal Court
• Declarar culpable: To convict
• Multar, multa: To fine, a fine
• Sentenciar a alguien a: To sentence

Key Vocabulary by Category

Official Authority, Government, and Law

• Inquisition: A period of prolonged and intensive questioning or investigation.
• Insurrection: A violent uprising against an authority or government.
• Junta: A military or political group that rules a country after taking power by force.
• Municipal: Relating to a city or town or its governing body.
• Lobby: To seek to influence a politician or public official on an issue.
• Oligarchy: A small group of people having control of a country, organization, or institution.
• Ordinance: A piece of legislation enacted by a municipal authority.
• Ratify: To sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.
• Regime: A government, especially an authoritarian one.
• Sanction:

T13: Principles of EU Law

1. Autonomy of EU Law

EU law is considered an autonomous legal order. While related to international and national law, it remains distinct and subject to its own internal logic.

• Van Gend en Loos (Case 26/62): The Court held that the EEC constitutes “a new legal order of international law” for the benefit of which States have limited their sovereign rights.
• Costa v Enel (Case 6/64): The Court stated that, by contrast with ordinary international treaties, the EEC Treaty created its own legal system.

2. Supremacy of EU Law

Although some EU Treaty articles impliedly require primacy, there is no express declaration of this principle in the Treaties. The logic for the supremacy of EU law was developed through the decisions...

Types of Coverage

Basic Health Care Coverage.

• Hospital insurance: Pays for the cost of room and board and other medical expenses while you are in the hospital
• Surgical insurance: Covers the fees associated with the operating surgeon and anesthesiologist
• Medical insurance: Provides payments for general nonsurgical physician care at the office or hospital

Major Medical Coverage. This type of insurance provides protection after limits on basic health care coverage have been exceeded. Most policies have a coinsurance clause with:

• 80% of the covered expenses paid by the insurer
• 20% of the covered expenses paid by the insured

Long-Term Care Coverage. If you are unable to take care of yourself:

• Nursing or rehabilitative care at home
• Stay in a skilled nursing

Athens and Sparta were the most important polis.

Athens: A New Political System

A new political system was established in Athens: a democracy or government by the people.

Institutions

• The Assembly: A meeting of the citizens where matters of interest were discussed and magistrates were appointed. Women, metics, and slaves were excluded.
• Boule: Their role was to draft the laws debated in the assembly and supervise the judges. Members were chosen by drawing lots.
• Judges: They applied the decisions made by the assembly. Appointed by the assembly for a year. Some were strategists, archons, and others were treasures who managed the resources.
• Supreme Courts: Their role was to deliver justice. Members were also chosen by drawing lots.

Sparta: An Oligarchy

Sparta...

Ethics and Business Principles

Ethics Defined

Ethics: Moral principles, as of an individual.

Business Ethics: Balancing the goal of profits with the values of individuals and society.

Legal and Ethical Foundations

• Positive Law: Legal framework
• Natural Law: Ethical framework

Categories of Ethical Behavior

• Integrity and truthfulness
• Promise keeping
• Fairness
• Loyalty
• Doing no harm
• Confidentiality

Resolving Ethical Dilemmas (The Three Questions)

1. Is it legal?
2. Is it balanced (considering the value of fairness)?
3. How does it make me feel?

Ethical Models

Warren Buffett's perspective is often cited in ethical discussions.

The Laura Nash Model

1. Identify the problem.
2. Look at the other perspective.
3. Determine what happened.
4. Who did your decision or action injure?
5. Could you discuss

4th Amendment: Search and Seizure

1. Search Analysis

A search occurs if there is government action and a Reasonable Expectation of Privacy (REOP). The test requires:

• Actual expectation of privacy.
• Expectation recognized as reasonable by society.

Included: Pen registers, trash, aerial surveillance, dog sniffs, and open fields.
Excluded: Thermal imaging and curtilage.

2. Standing

To challenge a search, one must have a legitimate expectation of privacy in the place searched. This typically includes homeowners and overnight guests (considering factors like keys, occupancy, and personal belongings). It generally excludes those present for only a few hours or for commercial purposes.

3. Warrant Requirements

A valid warrant requires Probable Cause (PC) and...