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

The Parliament of India

The Parliament of India comprises the head of state—the President of India—and the two Houses, which constitute the legislature. The President of India is elected for a five-year term by an electoral college consisting of members of federal and state legislatures. The House of the People (Lok Sabha) has 548 members, with 543 members elected for a five-year term in single-seat constituencies and two members appointed to represent the Anglo-Indian community (as envisaged by the Constitution of India; currently, the members of Lok Sabha are 545, out of which 543 are elected for a 5-year term and 2 members represent the Anglo-Indian community). The 550 members are elected under the plurality ('first past the post') electoral...

Context of Legal Humanism

On a philosophical level, legal humanism stems from the contrast between medieval scholasticism, subject to the authority of tradition but also attentive to existing reality, and Renaissance Neoplatonism, which believed in the free and unlimited power of reason and was attracted by pure ideal forms.

In legal terms, the humanistic orientation was facilitated by the gradual rise of national legal systems, which freed the study of Roman law from practical objectives and transformed it into a historical and literary activity, increasingly similar to the task of the antiquarian.

Socially, humanist criticism of earlier legal discourse and its proponents, traditional jurists, was fueled by widespread social antipathy towards...

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned...

Negotiating Tables for Public Administration Staff

For the negotiation of the terms of public administration work, a general table of negotiations is formed within the field of state administration, as well as in each of the Autonomous Communities and local bodies responsible for determining the working conditions of staff in relevant areas. These will later form the sectoral collective bargaining tables and determine working conditions in the following six sectors:

• Teaching staff in university schools.
• Non-personal services in Public Administration.
• Staff for public health administration.
• Public Administration staff.
• Service staff for universities.
• Central Public Administration and managing bodies of the Social Security.

Powers and Meeting Frequency

Essential Vocabulary for Enhanced Communication

Dark and Gloomy

Murky: Dark and gloomy, especially due to thick mist.

Charm or Magical Object

Talisman (noun): An object that serves as a charm or is believed to confer magical powers; an amulet, fetish.

Humble Request

Suppliant: Asking humbly and earnestly.

Violent Whirlpool or Situation

Maelstrom (noun): A whirlpool of great size and violence; a situation resembling a whirlpool in violence and destruction.

Expressing Disapproval

Pejorative (adjective): Tending to make worse; expressing disapproval or disparagement.

Social Appropriateness

Propriety (noun): The state of being proper, appropriateness; (plural) standards of what is proper or socially acceptable.

Easily Recognized

Overt (adjective): Open, not...

Contributory Negligence: The Partial Defence

• Statutory Basis: Section 1(1) of the Law Reform (Contributory Negligence) Act 1945.

A finding of contributory negligence cannot be established unless the defendant (D) is first proven to be negligent.

Defining Contributory Negligence

Contributory negligence occurs where the harm suffered is partly the fault of D and partly the fault of the claimant (C). Consequently, any award of damages to C may be reduced by reason of C's contributory negligence, though the reduction cannot be 100%.

Case Example: Jones v Livox Quarries [1952]

The claimant disregarded his employer's safety instructions by riding on the back of a haulage vehicle. Another employee negligently crashed into the back of the vehicle, causing...

Universal Jurisdiction (UJ) in International Law

UJ has become the preferred technique by those seeking to prevent impunity for international crimes. While there is no doubt that it is a useful and, at times, necessary technique, it also has negative aspects. The exercise of UJ is generally reserved for the most serious international crimes, such as war crimes, crimes against humanity, and genocide; and other crimes such as terrorism because there is a treaty that specifically defines that terrorism falls under the means of UJ. UJ must be used carefully so it doesn’t create any negative consequences. If a country includes in its criminal and civil codes the fact that they want to apply UJ they established to themselves the obligation to try...

Law and the State Connection

Law is strongly connected to the state because the state creates most of the law, and the state itself is regulated by the law.

Understanding Constitutional Law

Constitutional Law contains rules on the organization of the state, its powers, and the relations between its organizations. It provides fundamental rights that protect the legal position of the individual against the state.

Sources of Constitutional Law

Primary sources of constitutional law include ordinary law, case law, and customs.

State Sovereignty Explained

Sovereignty can be understood as the supreme power or authority of a state to govern itself and determine its own laws.

Internal vs External Sovereignty

Internal sovereignty means the state is the highest...

PhD

Abbreviation for doctor of philosophy: the highest college or university degree, or someone who has a thesis. Also called doctorate. The highest degree awarded by a graduate school, usually to a person who has completed at least three years of graduate study and a dissertation approved by a board of professors.

Secondary School

A school for young people, usually between the ages of 11 and 18. A high school or a school of corresponding grade, ranking between a primary school and a college or university.

Thesis

A long piece of writing on a particular subject, especially one that is done for a higher college or university degree. A dissertation on a particular subject in which one has done original research, as one presented by a candidate for...