U.S. Legal System, Ethics, and Government Structures
Understanding Legal & Governmental Systems
The U.S. Judicial System and Courts
Federal vs. State Courts
Federal Courts: Interpret the U.S. Constitution and federal laws, handling cases such as immigration and federal crimes.
State Courts: Handle most cases under state laws, including family matters, property disputes, and local crimes.
The Supreme Court
The final interpreter of the Constitution, the Supreme Court resolves:
- Constitutional law issues
- Civil rights and liberties cases
- Disputes between states
Contract Law Essentials: Formation, Terms, and Enforcement
Understanding Contract Fundamentals
Contracts require an intention to create legal relations, whereas torts arise from legal duties. The objective “reasonable person test” is applied to determine if parties intended to create a legally enforceable agreement. This approach protects reasonable expectations, allowing for better planning and efficiency in economic agreements. Contracts can be oral or written.
The desire to create legal relations (mutual agreement) is established through:
- Offer
- Acceptance
- Consideration
- By
Fundamentals of Labor Law: Rights, Sources, and EU Regulations
Key Characteristics of Labor Law Regulation
For an activity to be regulated by labor law, it typically exhibits the following characteristics:
- Voluntary: Individual workers should be free to decide whether to enter and remain in the employment relationship.
- Personal: The work is performed by the individual worker for another, yielding the fruits of labor and wages in exchange. This distinguishes it from self-employment, where the individual performs the work activity for themselves.
- Dependence (Subordination)
Francoist Spain: Legal Framework and Repressive Apparatus
Francoist Spain: Legal and Institutional Framework
The Francoist regime established a unique legal and institutional framework, often referred to as its “constitution.” Public servants were obliged to swear allegiance to its principles, and ex officio members of the National Movement automatically became civil and military officials.
Key Fundamental Laws
The Organic Law of the State (1967)
This was the most important political source of the Franco regime, consolidating earlier fundamental laws. It firmly
Read MoreSpanish Constitutional History and Legal Codes
Spanish Constitutions and Legal Codes
Constitution of 1812 (Cádiz)
Effective: 1812-1814, 1820-1823, 1836-1837
- Constitutional Monarchy
- National Sovereignty
- Separation of Powers: Legislative (Cortes & King), Executive (King), Judicial (Courts)
- Roman Catholic Confessional State
- Constitutional Rigidity (difficulty in reform)
- Unity of Jurisdiction and Codes
- Suffrage: Indirect universal male suffrage
- Rights: Freedom of press, thought, habeas corpus, inviolability of home, property protection
Royal Statute of
Read MoreEssential Business Law Concepts for BBA Students
Negotiable Instruments: Definition & Party Liabilities
Definition of Negotiable Instrument
According to Section 13 of the Negotiable Instruments Act, 1881, a Negotiable Instrument means a Promissory Note, Bill of Exchange or Cheque payable either to order or to bearer.
A Negotiable Instrument is a written document guaranteeing the payment of a specific amount of money to a specified person or the bearer of the instrument, either on demand or at a future date.
Examples of Negotiable Instruments
- Promissory