Notes, summaries, assignments, exams, and exercises for Law for University

The European Social Charter and Human Rights

The European Social Charter is the main social rights treaty of the Council of Europe and complements the European Convention on Human Rights (ECHR). While the ECHR mainly protects civil and political rights, the Charter focuses on economic and social rights such as labor rights, social security, health protection, and housing. The original Charter was adopted in Turin in 1961 and later revised in 1996 in order to modernize and expand the protection of social rights.

Origins and International Influence

The Charter is strongly influenced by the Universal Declaration of Human Rights, the International Labor Organization standards, and the International Covenant on Economic, Social and Cultural Rights....

Introduction to the ECHR

The European Convention on Human Rights (ECHR) is an international treaty adopted in 1950 under the framework of the Council of Europe. It entered into force in 1953 and currently applies to 46 member states. The ECHR establishes a catalog of fundamental rights and freedoms, including the right to life, prohibition of torture, freedom of expression, and the right to a fair trial. It is based on key principles such as the rule of law, democracy, and the protection of human dignity.

The European Court of Human Rights (ECtHR), located in Strasbourg, is responsible for interpreting and enforcing the Convention, ensuring that states comply with their obligations. Through its case law, the ECtHR has developed crucial legal...

Challenges of International Matrimony

Claiming an Interest in Property

In advising [the claimant], the question arises as to whether she would be able to claim any interest in the flat which [the landowner] stated in his will was to be given to a charity. It is quite obvious she wants to continue staying in the flat and, therefore, she needs to establish a beneficial interest in the property. If she only has a license, that would serve her no purpose, as it is purely personal permission and does not bind any third party.

The best avenue for her to establish an interest in the property is to prove she has a claim based on Proprietary Estoppel. Raising a Constructive Trust or Resulting Trust might be quite difficult, as she had not made any direct financial contribution to the property'...

Characteristics of Injunctions

Any injunction should consist of an order that relates to the assets and rights of the defendant. No provisional measures can affect the person of the defendant; they are strictly patrimonial in nature.

These measures should be aimed exclusively at guaranteeing the effectiveness of the judicial protection that may be granted in a possible favorable judgment.

Examples of Provisional Measures

• Pre-judgment attachment
• Deposit of a movable asset

Legal Requirements under Article 726 CPA

There is no closed list of injunctions; any measure deemed adequate to protect a future judgment is considered a provisional measure, provided that it meets specific requirements. According to Article 726 of the Civil Procedure Act (CPA), a...

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...

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

Arguments For and Against Juries

Arguments in Favour of Juries

• They are democratic, ensuring trial by one’s peers.
• They allow for public participation.
• Jurors are not influenced by professional prejudice.
• Juries are a barrier to the enforcement of unpopular laws.
• Juries confer legitimacy on the criminal justice process.

Arguments Against Juries

• Juries are unrepresentative.
• Juries cannot cope with highly complex cases.
• Juries can be influenced by prejudice.
• Juries are too easily persuaded by rhetoric rather than facts.
• Juries may be dominated by a few individuals.
• Juries do not sufficiently know the law.

Different Types of Lawyers in the UK and the US

UK Legal Roles

• Solicitors
• Barristers

US Legal Roles

• Lawyers (attorneys, attorneys-at-law, counsels, counselors,

Judicial Review

Definition: Judicial review is the doctrine under which legislative and executive actions are subject to review and invalidation by the judiciary. Specific courts with judicial review power must annul any act of the State that they find incompatible with a higher authority, such as the Constitution. Judicial review differs between countries.

Models:

• United States: No specific courts are designated for judicial review. The concept developed from a case and precedent, with the Supreme Court having the ultimate authority.
• Germany, Belgium, and Spain: These countries have a specialized Constitutional Court to handle judicial review. However, not all cases are constitutional.

Sources of Law

Primary Sources of Law:

1. Constitution
2. Statutes (