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

Theme 6: Fan Culture

Fan is an abbreviated form of the word 'fanatic'. In its more literal sense it means 'belonging to the temple, a temple servant, and a devotee', but it quickly assumed more negative connotations, 'of person inspired by orgiastic rites and enthusiastic frenzy'.

The 'trekkies' were depicted as nerdy guys with glasses and rubber Vulcon ears. They are brainless consumers who will buy anything associated with the program or its cast. They devote their lives to the cultivation of worthless knowledge and they are described as misfits, desexualized, immature, and unable to separate fantasy from reality. 'Star Trek' is written on the assumption that speaking as a fan is a defensible position within the debates surrounding mass culture.... Continue reading "Exploring Fan Culture: From Fanatics to Active Producers" »

Mistakes in Procedendo and In Iudicando

In procedendo (mistakes committed before the judgement): when upholding an appeal, the Court finds a mistake before the First Instance judgement. The judgement upholding the appeal will order the case to be referred back to the Court of First Instance at the point where the mistake/procedural infringement occurred.

In iudicando (mistakes done when adjudicating): if the Court finds that the mistake was committed at the First Instance, it will rule on the matter of the case for a second time and substitute the judgement given by the First Instance Court.

The Court shall rule on the merits of the case.

Judgements Subject to Appeal in Cassation

There are strict limitations on what proceedings can be subject to... Continue reading "Procedural and Judgment Errors & Cassation Appeals" »

Free and Legal Evaluation of Evidence

Free and legal evaluation is the mental activity by which the Judge decides which fact is true or false. The Judge shall interpret and then evaluate.

• Interpretation: To comprehend the meaning of evidentiary results. You can’t assess anything if you don’t understand the meaning of an evidentiary result; you need to understand in order to evaluate.
• Evaluation: Assuming the Judge has understood the objective meaning, to which rules should the Judge adhere, to decide if a fact is true or false?

The general rule is the free evaluation of the evidence; the Judge is free to choose the rule of logic.

Free evaluation is a system in which the Judge is left to choose among the rules of human criteria and reason. The... Continue reading "Understanding Evidence Evaluation in Legal Proceedings" »

Judicial Presumptions: Conclusive and Rebuttable

A judicial presumption is a logical inference made by a judge where, once a fact has been established, it is very likely that another fact is true. This is a type of circumstantial evidence, representing the mental activity of inferring the truth of one fact based on another.

It comprises three essential elements: an ascertained fact, a logical link, and a presumed fact. Courts are expected to apply presumptions during the evaluation of evidence.

Presumptions can be categorized into two main types:

• Legal Presumptions: Established directly in the text of the law, these may be either conclusive or rebuttable.
• Judicial Presumptions: Created ad hoc by the court in consideration of the specific circumstances

Counterclaims in Legal Proceedings

Counterclaim: A claim asserted by the defendant against the plaintiff, serving as both a defense and a counter-attack. It involves the defendant's pleadings against the claimant, within their competence.

Requirements for a Counterclaim

• Connection between the defendant's pleadings and the plaintiff's initial claims.
• The Court must have jurisdiction over the subject matter and the counterclaim.
• The counterclaim is filed against the initial plaintiff.

Consequences of a Counterclaim

It is another claim within the same proceeding, discussed and judged alongside the original claim. The counterclaim defendant (original plaintiff) has the right to defend themselves.

Counterclaim Defenses

Types of allegations between the counterclaim... Continue reading "Counterclaims and Default Declarations in Legal Proceedings" »

Difference Between Preliminary and Provisional Measures

Preliminary Measures

Preliminary measures allow the future plaintiff to gather information needed to establish the facts of the case. The main requirement is demonstrating the necessity of specific information for the proceeding to establish the case in the complaint.

Two types of information-gathering measures exist:

• Testimony and Oral Testimony of a Person: To obtain knowledge held by someone.
• Submission of Documents: To access relevant documents.

To request such measures, one must demonstrate a just cause and relevance to the case.

Provisional Measures

Provisional measures, requested by a future plaintiff, aim to prevent risks of a future positive judgment not being enforced. The purpose is... Continue reading "Preliminary vs. Provisional Measures in Litigation" »

Alternative Dispute Resolution (ADR) Techniques

a) Negotiation

In negotiation, each party presents their case and proposes their desired outcome. The goal is to reach a mutually agreeable solution. Parties manage their own issues, presenting their case and choosing what information to disclose or conceal during the negotiation process. Sometimes, direct communication between parties is difficult, which leads to other ADR methods.

b) Mediation

Mediation is used when parties are willing to reach an agreement but struggle to communicate directly. A neutral third-party mediator facilitates communication, helping the parties reach a resolution. The mediator does not make a ruling but guides the conversation. Mediation is considered successful when... Continue reading "Alternative Dispute Resolution (ADR) Techniques" »

Essential English Grammar Foundations

Articles and Quantifiers

• A/An: uno/a
• Any: alguno/a
• Some: algunos/as
• The: la/el

Key Question Words

• How many: cuántos
• How much: cuánto cuesta (or quantity)
• How often: con qué frecuencia
• How far: hasta dónde
• How long: cuánto tiempo

Verb Tenses: Past Simple

Structure of the Past Simple Tense

• Affirmative (A): Subject + Verb in past (irregular or -ed form) + Complement.
• Negative (N): Subject + didn't / did not + Main Verb (base form) + Complement.
• Interrogative (I): Did + Subject + Main Verb (base form) + Complement + ?

Usage

Used to talk about actions that happened in the past and are finished.

Comparative Note

Used to describe an action finished at a specific time before now.

Verb Tenses: Past Continuous

Structure of the Past

3. Recent immigration (1970–present): Large numbers of people have come from Mexico, China, Korea, India, and the Philippines, as well as other parts of Latin America and Asia.

https://www.Preceden.Com/timelines/29989-waves-of-immigration-in- america

7. 3 reasons why current immigration is different

First, a significant number of today’s immigrants have entered thecountry illegally, and thus their position is insecure.

Second, today’s immigrants are largely non-white. Race has formed a principal line of fragmentation within American society, and, as such, it threads its way insistently throughout the story of immigration. Race separated the experiences of voluntary immigrants in the distant past, for such minority immigrant peoples as the... Continue reading "Legal monism" »