Notes, abstracts, papers, exams and problems of Law & Jurisprudence

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Subjective Rights

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1 .- Concept D ° Subjective:

- Law in the objective sense is a set of legal rules governing the conduct of men

- Law in the subjective sense is contained in the substantive law (as when speaking of one or the other is because they look different aspects), is the faculty that has a subject to perform specific behavior, or refrain from it or require other The subject line of duty, serves to make, do and demand.

- These two concepts are related, since the definition of D ° objective is obtained for the individual right that could be formulated as follows: Power to act to satisfy their own interests guaranteed by law.

- There are some rights that are exercised without the consent, as the inherent rights (HR)

- We must make it clear that the... Continue reading "Subjective Rights" »

Bank e

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Bank Holiday - closed all banks

Federal Emergency Relief Association [FERA] - gave direct relief in the form of money as aid to states and localities for distribution to the needy

Civil Works Administration - Money to states to build roads, schools, and playing fields and athletic grounds

Public Works Administration - loans to private industry to build public works

Civilian Conservation Corps [CCC] - provided jobs and relocation for young men (18-25) in rural settings under direction of U.S. Army

Works Progress Administration [WPA] - established to put men to work on jobs of public usefulness

National Industrial Recovery Act [NIRA] - created National Recovery Administration [NRA], which administrated process for devising industry-wide codes of fair

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Law 19983 on

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24. Obligations that are not enforceable:

A non-judicial Enforceable instrument which contains an obligation which is not pecuniary or The obligation is less than 300 euros, you can’t have an enforceable situation. You will need a judgement (which will be te enforceable instrument).

25. Burden of proof:

Kind of Obligation, burden that lies on the parties on who has to convince the Judge of The truth of a fact. It refers to the motivation of the parties to conduct Themselves along the proceeding to convince the Judge of the truth of their Fact.

Two dimensions To be analyzed:

Subjective/formal: Burden of production, conducting themselves diligently.

Objective: Burden of persuasion, in terms of potentially legal consequences.

The need of Doing something

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Law 19983 on

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Consolidated Democracy v. Transitional Democracy

  • Democracy: regime that involves the selection of government officials through free and fair elections, a balance between what the people want, the protection of the interest of minorities, and constitutional limitations on government

    • 7 Principles:

  1. Free and fair elections

  2. Competitive elections that allow opposition parties to form and participate

  3. Government-developed policies based upon procedures that guarantee due process, transparency in decision-making, and accountability of elected officials.

  4. Political rights and civil rights that are possessed by all citizens

  5. An independent judiciary that upholds all civil liberties of citizens and oversees the rule of law.

  6. Elected government officials who exercise

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HORIZONTAL BEHAVIOUR RRESTRICTIONS BY OBJECT: price fixing agreements, agreement to fix other trading conditions, market sharing, agreements to limit or control production, group boycotts, exchange of non public market information

HORIZONTAL BEHAVIOUR OF ASSOCIATION OF UNDERTAKINGS RESTRICTIONS BY OBJECT: price recomendations, recomendations to its members of market conducts, boycott practices against non-members, market information (okay) HORIZONTAL BEHAVIOUR RRESTRICTIONS BY EFFECT: joint advertising, joint purchasing, joint R&D, technology transfer. UNDERTAKING = Hofner case ARTICLE 103 TFEU = exemption BER = transport and joint product and sepcialization CEPHALON, ISU, TRUCKS (880) MASTERCARD (570) OCCUPANT SAFETY SYSTEMS II (368
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 DISTRICT COURT:spread throught the country and serve as trial courts of the federal system/ they have original jurisdiction over nearly all criminal/civil cases. COURT OF APPEAL:hear appeals from district courts and also from those federal agencies that have rule making/enforcement of power. SUPREME COURT:ultimate apellate court, it works with cases related to cases affecting embassadors/consuls/ministers and cases that usually involve major questions about the meaning of the constitution or federal law.
    PURPOSE OF COURT OF APPEALS:its main function is to hear appeals from high court and circuit court, because the court of appeal posses only appellate jurisdiction hold trials and thus determine punishment( in
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UE law

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EU law: is an autonomous legar order, different from international law (adoption and application of rules. Dispute settlement procedures guiding principles) and form national law (legislative procedure and sources of law own effectiveness and entry into force). 
Direct Effectiveness: Means that it's effects can be fully deployed in an unifor manner in all the member states from its entry into force and throughout its validity.
Direct Applicability: Refers to the way in which EU provisions have legal validity in the member states. EU provisions are self-executing, national parliaments do not have to enact legislation to make it law in a member state or direct effect (individuals): invocability.
EU law becomes part of international law in accordance
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  1. Islam is monotheistic religion articulated by the Quran, a Book which complies word of Allah
  2. Islam is teaching and scriptures were revealed by the Prophet Mohammed
  3. Shariah is the word the encompasses all the Islamic Laws, jurisprudence and rulings
  4. The Quran to be the direct words of Allah, it is considered to be the Islamic Law Constitution .when the Quran itself does not speak directly or in detail about a certain subject, Muslims only then turn to Alternative sources of Islamic Law.
  5. The Sunnah  is the traditions or known practices of the Prophet Mohd, many of which have been recorded in the volumes of Hadith Literature.
  6. In situations when muslims have not been able to find specific legal ruling in the Quran and Sunnah the consensus of the legal
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Law 19983 on

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Article 3 - Interstate relations
2-PRIVILEGES OF IMMUNITIES CLAUSE- The Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory manner. Ex. SPEED LIMIT
3-EXTRADICTION- criminals can be requested back
ARTICLE 5- AMENDMENTS, NEW AMENDMENTS CAN BE ADDED TO THE CONSTITUTION,2/3 vote of congress2/3 calling constitutional convention, Ratification ¾ of state legislatures
Ratification convention (the only amendment that was ratified by the convention was the repeal of prohibition)
ARTICLE 6- SUPREMACY CLAUSE, constituion and federal laws are higher than
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Essential elements of complete theory

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Businesspeople And commercial law are two elements that cannot go separately. When doing business, commercial law is always present and has to be taken into account in Order to fulfil the law and have legal effects. But now, how is commercial law Developed in business? What is the impact on it? Is it positive? Or negative? All those questions will answer an important matter regarding business and law, Two keys that have a huge impact in nowadays society and life./First of all, it Is needed to define what commercial law is in order to understand which are the Matters and issues that are affected. It is the body of law that applies to the Rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, Trade, and sales.
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