Notes, summaries, assignments, exams, and exercises for Law for Secondary education

THE STATE

Institutions to organize the people.

Formed by: population, territory

Under: The power of the state

Functions: established laws, enforce laws, govern

TERRITORY

• Associated with the territory they run and govern
• Defined by borders that separate them from other states and their territories.
• Can't make decisions outside their borders.
• If rules aren't respected, conflicts arise between states.

PEOPLE

• Have the same rights for everyone.
• Don't necessarily have the same social, political, and cultural background.
• It's common for people of different cultures and nationalities to live in the same state.

DEMOCRACY

• Equality: before the law, personal social and political rights, opportunities
• Justice: people, groups, individuals/groups, communities/countries
• Freedom:

Germany — Administrative Acts

Regulated in the Administrative Procedure Act / decision 1976: the most frequent form of action to regulate a single or individual case by the administration.

Legal framework and institutional roles

Each of the 16 states has its own administrative procedure. If state procedures conflict with federal rules, the federal law prevails.

Separation of powers:

• Legislative — passes the law.
• Executive — issues rules and decisions.
• Judiciary — applies and interprets the law.

Art. 35 — Definition of administrative act

Art. 35: An administrative act is every decision taken by a public authority to regulate a particular (individual) case within the sphere of public law.

Act = action; an administrative act is not a law.

Effects

Minority Shareholder Protection and Remedies

Every company has majority and minority shareholders. Very often, the majority shareholders will possess greater authority, leaving the minority with little choice but to acquiesce. In practice, if a minority shareholder is oppressed, several legal remedies are available. Section 994 addresses personal claims, while Section 260 pertains to corporate claims. Section 122(1)(g) is considered a last resort option. There are significant differences between these remedies.

Section 994 and 996: Unfair Prejudice Claims

Section 994(1) of the Companies Act 2006 is crucial in defining unfair prejudice. A key case illustrating this is O'Neill v Phillips.

Case Study: O'Neill v Phillips

• Facts: Mr. Phillips owned Pectel

Understanding Argumentative Texts

The Op-Ed: A Personal Viewpoint

An op-ed is an argumentative essay where an author presents their personal view on a specific topic.

Characteristics of an Op-Ed

• Author: The article reflects the opinion of an expert on the subject. Authors often collaborate with the newspaper and are not bound by the publication's ideological line.
• Theme: The possibilities for themes are broad. An op-ed can address any matter considered of public interest.
• Purpose: The author's intention is to show the public their position on a particular topic.
• Information Sequencing: Information should be orderly and coherent.
• Language Type: The style used depends on the author's purpose.
• Stylistic Resources: Irony is often emphasized, as authors

Traditional Doctrine and Challenges

A minority shareholder can raise a claim if they believe they have been mistreated by the majority shareholders. Traditionally, the company would bring a claim on behalf of the minority shareholder if the allegations involved a corporate wrong, such as fraud or control by the wrongdoer. However, this approach presented challenges:

• Difficult to establish proof beyond a reasonable doubt.
• Obtaining testimony from company employees against the majority shareholder was impractical.

Statutory Derivative Claims under the Companies Act 2006

Due to the limitations of the traditional doctrine, the Companies Act 2006 introduced statutory derivative claims under sections 260 and 263. Section 260 defines a derivative claim,...

CHAPTER 1

• Criminal justice system: comprises institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation

• Law enforcement: investigates crimes and apprehends individuals alleged to have committed crimes

• Courts: interprets and applies the law

• Corrections: incarceration in jails or prisons, in some cases consisting of supervision in the community, parole, or probation.

• If prosecutor files charges: plea bargain and a plea is taken, or goes to trial, or nolle prosequi (dismissal).

• Mala en se: behavior that is immoral and inherently wrong by nature and we would have known not to do this activity even if there had not been a law prohibiting it.

• Mala prohibita: behavior that constitutes an

Understanding Checks

Definition

A check is a bill of exchange drawn on behalf of a banker, which is payable on demand by the banker.

Three-Party Structure

• Drawer: The person who orders the draft.
• Drawee: The banker against whom the draft is drawn and who is ordered to pay.
• Payee: The person to whom the draft is payable.

The Process

The drawer gives the payee a written order that directs the drawee to pay money to the payee or to whomever the payee designates through an appropriate endorsement. The payee must collect the money from the drawee by physically presenting the draft and demanding payment. Checks are distinct from other instruments because they are drawn on a bank and are payable on demand.

Promissory Notes

Definition

A promissory note is an...

Consensual Transfer Systems

In a consensual transfer system, ownership passes the moment the contract of sale is made. The contract itself transfers ownership of the object to the buyer; this is also called the “solo consensus rule.”

French Law and the Solo Consensus Rule

In French law, the obligation to transfer an object is performed by the sole consensus between the contracting parties. It makes its creditor the owner and places the object at the latter’s risk the moment it ought to have been transferred, even if a transfer of possession has not taken place. This system differs from the Roman system and is based on moral relations between people. It is favorable to commerce because it does not need corporal delivery of the object; intent...

Symbolic Speech and Expression

• Protected Symbolic Speech

  • Tinker v. Des Moines (1969): Students wearing armbands to peacefully protest the Vietnam War were protected because their actions did not interfere with educational processes.
  • Texas v. Johnson (1989): Flag burning was protected as expressive conduct conveying a clear political message.
  • R.A.V. v. City of St. Paul (1992): A ban on cross burning was deemed too broad, as it prohibited speech based on its content rather than its potential for harm.

• Unprotected Symbolic Speech

  • United States v. O'Brien (1968): Burning a draft card was not protected because it involved the destruction of government property and interfered with a legitimate government interest.
  • Virginia v. Black (2003): Cross burning

Are Love-Locks on Bridges Romantic or a Menace?

- because it was a romantic thing to do.

- follows an Italian tradition.

- padlocks are attached mainly on historic bridges.

- when part of a historic bridge fell because of the weight of the locks.

- to prevent the damage that the locks cause.

- are making profits from this epidemic.

- can now be found in a variety of places.

- to assign a place for people to attach their locks.

Esperanto and Universal Communication

- The inventor of an artificial, neutral language.

- an idealist in favour of international understanding.

- creates barriers to common humanity.

- not enthusiastic about a new international language.

- it had been created by a Jewish person.

- it is not the language of any particular community....