Nuevo Cuadernillo Nivel 2

Facultad de Derecho Universidad de Buenos Aires
Programa de
Lecto-comprensin Ingls
Nivel II
2012
ndice
Pgina Texto 1 : Cohabitation: The Law of Living Together in Canada Texto 2 : The Rule of Law Texto 3 : Copyright Law in the United States Texto 4 : Judicial Conference of the United States Texto 5: Claims of Copyright Infringement Texto 6 : Classifications of Municipal Law Texto 7 : False Accusations of Child Abuse Texto 8: Sealed without a KISS Texto 9: Court to Hear Key Case on Discrimination Texto 10 : Lectura A: Civil Cases ...................................................................................... Lectura B: The Appeals Process ..................................................................... 3 7 10 15 19 24 28 31 37 41 44 48 51 55 59 63 68 71 78 85
Texto 11 : Calm Needed in Abortion Clinic Debate Texto 12 : Saddams Jailer Court-martialled for Treason Texto 13 : The Court and Constitutional Interpretation Texto 14 : Liberty of the Subject Texto 15 : The Factortame Case" Texto 16 : Supreme Court Allows Lethal Injection for Execution Texto 17 : The Institutions of the European Union Texto 18: Case: Wohl v. Spectrum Manufacturing, Inc. Texto 19: Case:Ohio v. Lessin
Programa de Lecto-comprensin: Nivel II
Texto 1 : Cohabitation: The Law of Living Together in Canada Fuente: internet: http://www.duhaime.org/LegalResources/FamilyLaw/LawArticle-277/cohabitationThe-Law-Of-Living-Together-in-Canada.aspx 02/15/2011
Cohabitation: The Law of Living Together in Canada

Cohabitation has been around for much longer than the institution of marriage. In fact, but not in law, the only difference was that marriage was a formal event and status, whereas cohabitation does not have nice, fancy legal goal-posts.
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It wasn't always that way. The early common law did recognize, as marriage no less, a consensual relationship between husband and wife, without any formal ceremony, provided the relationship had been consummated. Hence the term common law marriage. But now, almost every jurisdiction tightly controls marriage, and the many advantages that go with it, by imposing formal conditions: age limits, ceremony, oath etc. When does cohabitation start? There is no set number of occurrences of sex that constitute cohabitation. What about moving in with one another but with abstinence of sex?
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With so much uncertainty, the common laws most recent position on cohabitation has been to ignore it entirely. Once statute law began regulating the conditions of marriage, and unless the parties married, the common law took them as separate persons, no matter how many bacon and egg breakfasts, toothpaste or dirty laundry has been shared together. Ironically, relationships based not on marriage but on cohabitation, have been given the vernacular moniker of "common law relationships" or even common law marriage. Legal marriage, on the other hand, requires a license, an official, two persons and a few choice words et voila! A nice clean start date and as for the end, well the law has that all covered. Statutes have addressed the common law's "omission" such that a long cohabitation can create legal rights no less entangling than a long marriage. For example, when entitlement to a pension is at stake, the date of cohabitation suddenly looms large. So why cohabitate anyway? You do not need to meet the legal requirements of marriage, such as being of age or being divorced from a previous marriage; Many are spooked by the financial and emotional cost of a divorce and swear off marriage for the next go-around;
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Some, agnostically, "don't believe" in marriage or find it too riddled with religious overlays of traditional roles, usually resulting in the woman doing all the housework and the man thus enabled to empower his career; and others use cohabitation as a trial for marriage - "let's see if we get along before we get
married". Statistics Canada reports that 4 out of ten persons living together in the 80s, were married by the 90s.
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For all the grief cohabitants throw at marriage, they owe the fulcrum of their rights to marriage in spite of early attempts to invoke equitable remedies. Even today, most common law relationships or "intimate cohabitants" will not let ownership to real property or vehicles be thrown to lawyers and judges. Instead, they will address ownership on title when the asset is purchased. Or they will retain receipts so the Picasso doesn't end up an ex-boyfriend's constructive trust claim attached. Initially, as late as 1965, a Canadian Court, in Prokop v Kohut found that cohabitation outside wedlock, being immoral, it did not deserve or merit the overseeing of the Court to address break-up inequities:
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"... the Court can give her no relief. I take it that this claim is for compensation to the plaintiff for the money she gave the defendant, and for the services she rendered by way of housework and farm work, while they lived together. But the foundation of the relationship between these parties was their illegitimate cohabitation." In 1978, Canada's Supreme Court finally breathed life into the equity-based approach in order to recognize property rights of a wife where, at common law, they did not exist. In Rathwell v Rathwell, the respondent wife contributed directly and indirectly to a real property asset but at separation, found herself off title and orphaned by the common law. The Supreme Court: "It seems to me that Mrs. Rathwell must succeed whether one applies classical doctrine or constructive trust. Each is available to sustain her claim. The presumption of common intention from her contribution in money and money's worth entitles her to succeed in resulting trust."
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And then, in 1980, eureka! Becker v Pettkus was published by the Supreme Court (summarized in Important Family Law Cases) followed by Peter v Beblow in 1993, together inspiring an impetus of statute law that has not abated to this day, gradually extending to cohabitants, subject to legal strict thresholds, support and property rights including the all-important pensions.
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But it is not straight-forward and can be subject to considerable judicial discretion.

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Actividades
1) Completar el siguiente mapa de contenido: Matrimonio (concepto) Antiguo Common Law
En la Actualidad
Cohabitacin (sentencias) 1965
1978
1980
2) Establecer si las siguientes afirmaciones son verdaderas o falsas. Fundamentar oralmente la eleccin en cada caso. Verdadera (a) (b) (c) (d) La nica diferencia de derecho entre el matrimonio y la cohabitacin es la formalidad. En el presente, el sistema de common law ignora la cohabitacin en Canad. La ley no suple la falencia del common law con respecto a la cohabitacin. En la actualidad, en las relaciones de cohabitacin, la titularidad de los bienes inmuebles depende del criterio de los jueces. Falsa
Texto 2 : The Rule of Law Fuente: internet: http://www.historylearningsite.co.uk/rule_of_law.htm
The Rule of Law

The Rule of Law is an aspect of the British Constitution that has been emphasised by A V Dicey and it, therefore, can be considered an important part of British Politics. It involves:
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The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities. There can be no punishment unless a court decides there has been a breach of law. Everyone, regardless of your position in society, is subject to the law. The critical feature to the Rule of Law is that individual liberties depend on it. Its success depends on the role of trial by jury and the impartiality of judges. It also depends on Prerogative Orders. There are three Prerogative Orders: 1. Certiorari calls a case up from an inferior court to a superior one to ensure justice is done.
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2. Prohibition prevents an inferior court from hearing a case it does not have the power to listen to. 3. Mandamus orders an inferior court to carry out its duties. How relevant to 21st British Politics and Society is the Rule of Law?
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Supporters of a written and clearly defined constitution believe that as society has had its liberties more and more encroached on by central government, the Rule of Law is more important now than ever. They claim that central government has sought and seeks to undermine the three basic tenets of Diceys code with an increase in things such as: The Official Secrets Act, the attempt to remove an individuals right to trial by jury the activities of the Secret Service (especially after September11th) removing what were considered traditional rights (such as the removal of the workers right at GCHQ to belong to a trade union under the Thatcher government (though brought back since 1997)
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The gagging clause that now has to be signed by those in the Civil Service after the Clive Ponting and Belgrano issue shortly after the end of the Falklands War . However, individuals still retain a great deal of personal freedom and many individuals will never be affected by the Official Secrets Act or the activities of Britains secret services (though they may not know if they are being investigated or not!) It is agreed, with some justification, that a modern society needs bodies like MI5 and MI6* simply because there are a tiny number of individuals who wish to subvert society and have to be dealt with accordingly. A law-abiding individual, it is argued, need never worry about such organisations. Also there are bodies that theoretically oversee the activities of government agencies and their work such as the Council of Tribunals and the
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Parliamentary Commissioner. It is argued that these bodies help to protect the rights of the individual at the expense of any incursions into their personal freedom by government agencies.
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* MI5.gov.uk: MI5, known as the Security Service, is the UK's security intelligence agency. Although MI" stands for "Military Intelligence", MI5 is a civilian agency without formal executive powers. It is concerned with countering threats to domestic security. MI6 is concerned with external security. Historically, MI5's focus has been counter-espionage directed against foreign subversin. Today, it is focused on counterterrorism work and fighting organised and serious crime.
Actividades
1) Responder: (a) Por qu se menciona a A. V. Dicey en la primera oracin?
(b) A qu tres conceptos remite esta mencin?
(c) A qu conceptos se hace referencia en el rengln 12? Enumrelos.
(d) Qu se afirma en los renglones 19 a 23?
(e) A qu ejemplo de violaciones de los principios doctrinarios de Dicey se hace referencia?
(f) Qu se afirma respecto de los organismos MI5 y MI6 y de otros con funciones similares?
Texto 3 : Copyright Law in the United States Fuente: internet: www.bitlaw.com
Copyright Law in the United States

Copyright law in the U.S. is governed by federal statute, namely the Copyright Act of 1976. The Copyright Act prevents the unauthorized copying of a work of authorship. However, only the copying of the work is prohibited -anyone may copy the ideas contained within a work. For example, a copyright could cover a 5 written description of a machine, but the actual machine itself is not covered. Thus, no one could copy the written description, while anyone could use the description to build the described machine. Copyrights can be registered in the Copyright Office, but newly created works do not need to be registered. In fact, it is no longer necessary to even place a 10 copyright notice on a work for it to be protected by copyright law. However, the Copyright Act provides additional benefits to those who register with the Copyright Office. Consequently, copyright registration and the use of a copyright notice is recommended. Some types of material are ineligible for copyright protection. Generally, these 15 materials are either protected by some other intellectual property, or have been considered inappropriate for protection. The following unprotected works are discussed in greater detail below: Unfixed works, titles and short phrases, ideas and useful articles. Unfixed works: Works that have not been fixed in a tangible form of expression are not protected under the Copyright Act, since fixation is one of the prerequisites for copyright protection For example: choreographic works that have not been recorded, or improvisational speeches or performances that have not been written or recorded are both ineligible for copyright protection. For many years, unrecorded music 25 concerts were also unprotected by copyright law because they were not fixed.
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In December, 1994, Congress changed the law of unrecorded music performances when it passed The Uruguay Round Agreements Act. This act included a new provision, which prohibited the recording of live musical performances (that is, bootleg copies) even when there was no other "fixation" of the work. This 30 provision includes separate prohibitions against the distribution and transmission of bootleg copies.* In fact, the prohibition against transmission does not even require that a physical copy of the performance ever be made. While this act appears to create an exception to the fixation requirement for copyright, it is probably best understood as an independent right that is similar to copyright, but 35 is not copyright. Titles, names, short phrases, slogans: Titles, names, short phrases, and slogans are not protected by copyright law. Similarly, it is clear that copyright law does not protect simple product lettering or coloring. The exclusion of these types of materials is not an exception to copyright 40 law, but merely an application of the requirements for copyright protection. To be protected by copyright, a work must contain at least a minimum amount of authorship in the form of original expression. Names, titles, and other short phrases are simply too minimal to meet these requirements. Of course, brand names, slogans and phrases which are used in connection with a product or
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Texto 3 : Copyright Law in the United States Fuente: internet: www.bitlaw.com 45
service may be protectable under trademark law. In fact, a series of books all under the same title may even create trademark protection for that title. Ideas:
Ideas, procedures, principles, discoveries, and devices are all specifically excluded from copyright protection. As stated in the Copyright Act: in no case does 50 copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. This specific exclusion helps maintain the distinction between copyright 55 protection and patent law. Ideas and inventions are the subject matter for patents, while the expression of ideas is governed by copyright law. If copyright were extended to protect ideas, principles and devices, then it would be possible to elude the rigorous prerequisites of patent law and secure protection for an invention merely by describing the invention in a copyrightable work. An example is the best way to explain this idea/expression distinction. Suppose that an inventor discovers a process for cold fusion--an invention that would revolutionize society as we know it. If the inventor wrote down on paper a description of the process, that description would be protected against copyright infringement from the moment the work is fixed. If she were to publish her paper, 65 no one would be able to make additional copies of the paper without her permission. However, anyone reading her paper could implement her process without fear of copyright infringement, since the process itself--the idea--is not protected under copyright law. In fact, it would even be allowable for someone to write a competing paper describing her invention, as long as the competing paper 70 described the invention in its own words and did not take any "expression" from the original paper. However, only the inventor could apply for patent protection for her process. After applying for the patent, and going through a rigorous examination of the patentability of her patent, the U.S. Patent and Trademark Office might grant her a patent. At that point, she could prevent all others from 75 using her idea.
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*bootleg copies: copies sold or distributed illegally
Actividades
1) Responder: (a) En el rengn 1, cul es la diferencia entre Copyright law y Copyright Act?
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(b) Dnde est regulado el Copyright?
(c) Qu obras no resultan amparadas por dicho derecho?
(d) Qu modificacin se introdujo en diciembre de 1994?
(e) Segn el texto, cul es la diferencia entre el mbito de proteccin de las patentes y del derecho de autor?
(f) El Copyright protege ideas? Subrayar en el texto las posibles consecuencias derivadas de la respuesta anterior.
(g) Qu sucede si alguien descubre un proceso y lo describe por escrito? Qu queda protegido por el Copyright?
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2) Extraer del texto ejemplos de las materias u obras que quedan amparadas por :
Patent Law
Copyright Law
Trademark Law
3) Qu significan los trminos en negrita en los siguientes contextos? (a) However, only the copying of the work is prohibited -anyone may copy the ideas contained
within a work. Significado de anyone:
(b) Thus, no one could copy the written description, while anyone could use the description to
build the described machine. Significado de no one: Significado de anyone:
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4) Hallar en el texto los opuestos de las palabras detalladas a continuacin. Cmo se formaron? Palabra Authorized Appropriate Protected Eligible Recorded Dependent Legally Opuesto Formacin del opuesto Rengln
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Texto 4 : Judicial Conference of the United States Fuente: http://www.uscourts.gov/FederalCourts/JudicialConference/Organization.aspx
Judicial Conference of the United States

Organization and Operating Procedures
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The Conference operates through a network of committees created to address and advise on a wide variety of subjects such as information technology, personnel, probation and pretrial services, space and facilities, security, judicial salaries and benefits, budget, defender services, court administration, and rules of practice and procedure. The Chief Justice has sole authority to make committee appointments. The Executive Committee of the Judicial Conference serves as the senior executive arm of the Conference, acting on its behalf between sessions on matters requiring emergency action as authorized by the Chief Justice; the Executive Committee is not otherwise a policy-making committee of the Judicial Conference. Among its responsibilities, the Executive Committee reviews the jurisdiction of Conference committees, prepares proposed consent and discussion calendars for meetings of the Conference, and establishes and publishes procedures for assembling agendas and schedules of events in preparation for Conference sessions. The Director of the Administrative Office of the United States Courts serves as Secretary to the Judicial Conference and also is an ex-officio member of the Executive Committee, coordinates administrative support to the Conference itself and its Executive Committee, and also coordinates the activities of senior Administrative Office professional staff who dedicate all or a substantial portion of their time to the work of the Judicial Conference and its committees. Committees of the Judicial Conference Judicial Conference committees review issues within their established jurisdictions and make policy recommendations to the Conference. The committees are policy-advisory entities and are not involved in making day-today management decisions for the United States courts or for the Administrative Office. Judicial Conference committees derive their jurisdiction and legal basis for existence from the Conference itself and the Chief Justice as presiding officer. The committees and their chairs have no independent authority or charge apart from those conferred upon them by the Conference or its Executive Committee. Matters before Committees All matters to go before the Judicial Conference are ordinarily considered by a committee prior to Conference consideration. Sources for matters to be studied and considered by Conference committees include, among others, the Chief Justice of the United States, the Executive Committee, the jurisdictional statements of Conference committees, the Conference Secretary (Director of the Administrative Office), Congress, statutory requirements, federal judges, circuit judicial councils, and other Conference committees. Requests for consideration of items by the Judicial Conference of the United States or one of its committees should be directed to the Director of the Administrative Office of the United States Courts.
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Committee Appointments The Chief Justice has sole authority to make committee appointments. The Director of the Administrative Office and the Assistant Director, Judicial Conference Executive Secretariat, collate the expressed interests of judges and their recommendations of others who may be considered for appointments, and the Director forwards the suggestions to the Chief Justice. Committee appointments rotate on the first of October each year. As a general rule, committee appointments are for a term of three years, subject to one reappointment. Terms are staggered to minimize turnover each year. Judges who desire committee service or wish to recommend others for assignments may make their interests or recommendations known at any time, in writing, to the Director of the Administrative Office (Attention: Judicial Conference Executive Secretariat). A permanent file is maintained for reference.
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Actividades
1) Responder: (a) Qu informacin se suministra en la primera oracin del primer prrafo?
(b) De acuerdo con la segunda oracin del primer prrafo, quin efecta los nombramientos para los comits?
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(c) De acuerdo con la tercera oracin del primer prrafo (rengln 11), en qu casos est facultado para actuar el Comit Ejecutivo? Quin lo autoriza?
(d) De acuerdo con el segundo prrafo, qu tareas desarrolla el Director de la Oficina Administrativa de los Tribunales Federales/de la Justicia Federal?
(e) Qu rol cumplen los comits?
(f) Quines pueden someter cuestiones para la consideracin de los comits?
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(g) Cmo se efectan las designaciones del Comit?
(h) Quin efecta los nombramientos?
2) Elaborar un esquema que contemple la estructura de la Judicial Conference. Utilizar los trminos en la lengua original.
3) Completar la tabla con la informacin pertinente. DEPENDENCIA EQUIVALENTE FUNCIONES
Judicial Conference
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Texto 5: Claims of Copyright Infringement Fuente: internet: http://www.symantec.com/about/profile/policies/copyright_infringement.jsp
Claims of Copyright Infringement

Notice and Procedure for Making Claims of Copyright Infringement Symantec respects the intellectual property rights of others and expects others to do the same. It is Symantecs policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Responses may include disabling a users ability to transmit and/or store material claimed to be the subject of infringing activity and/or terminating such users ability to use the application at all. If we take such measures, we will make a good-faith attempt to contact the user who stored and/or transmitted the content so that he or she may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we act. Infringement Notification If you are a copyright owner or an authorized agent thereof and believe that any user of the Symantec application has infringed upon your copyrights, you may submit a notification pursuant to the DMCA by filing a notice of infringement with our Copyright Agent. To file a notice of infringement with our Copyright Agent, you must provide a written communication (by fax, regular mail or email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format:
1. 25 2. Identify in sufficient detail the copyrighted work that you believe has been infringed upon. Identify the material that you claim is infringing the copyrighted work listed in item # 1 above or which you claim is the subject of infringing activity. You must identify each separate item of infringing material. Provide information reasonably sufficient to permit Symantec to locate the material. Provide information reasonably sufficient to permit Symantec to contact you (email address, telephone number and a mailing address). Provide information, if possible, sufficient to permit Symantec to notify the user that allegedly stored infringing material (email address is preferred). Include the following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law." Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Sign the paper.
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9. Send the written communication to the any of the following:

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Texto 5: Claims of Copyright Infringement Fuente: internet: http://www.symantec.com/about/profile/policies/copyright_infringement.jsp Symantec Corporation Attn: Copyright Agent 20330 Stevens Creek Boulevard Cupertino, CA 95014 BY FAX: (408) 517-8121, Attn: Copyright Agent BY EMAIL: copyrights@symantec.com with the words "DMCA Complaint" in the subject line.
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If you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
Counter Notification
Pursuant to sections 512(g)(2) and (3) of the Act, the subscriber may make a counter notification. To file a counter notification with us, you must provide a written communication (by fax, regular mail or email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter notification, please use the following format (including section numbers):
1. 2. Identify the name of the file with respect to which Symantec has blocked access. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Cupertino, CA, USA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) of the DMCA or an agent of such person. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of each file identified above was blocked as a result of a mistake or misidentification of the material to be blocked." Sign the paper. Send the written communication to any of the following: Symantec Corporation Attn: Copyright Agent 20330 Stevens Creek Boulevard Cupertino, CA 95014 BY FAX: (408) 517-8121, Attn: Copyright Agent BY EMAIL: copyrights@symantec.com with the words "DMCA Complaint" in the subject line
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Actividades
1) Responder 1. Qu dice el artculo sobre DMCA en la segunda oracin?
2. Qu cursos de accin puede seguir Symantec?
3. Con qu objetivo Symantec realizar un intento de buena fe para comunicarse con el usuario-infractor?
4. Cmo se procede ante una supuesta violacin de los derechos de autor? Quin puede presentar una notificacin de violacin de derechos de autor en virtud de la DMCA? Ante quin?
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5.Por qu puede incurrir en responsabilidad por daos y perjuicios? Qu incluye la indemnizacin?
6. Qu consecuencias tiene quien proporcione una falsa denuncia? Por qu se incluye la recomendacin de consultar a un abogado?
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Describir las acciones posibles en caso de violacin de derechos de autor.
8. Qu contempla el artculo 512 (g) (2) y (3) de la DMCA?
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9.
Qu requisitos debe cumplir la contra-notificacin?
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Texto 6 : Classifications of Municipal Law Fuente: Newton, Clive R.: General Principles of Law. 3 Edicin. Sweet and Maxwell. Londres: 1983. Pgs. 35.
Classifications of Municipal Law

Municipal law may be classified in the following ways: A. Public law and private law (i) Public law is concerned with the state and with the rights and duties between individuals and the state and is subdivided into constitutional law and criminal law. Constitutional law deals with such matters as the position of Parliament, the Crown and the Central Government, the administration of justice, citizenship, the limits of personal liberty, the citizens right to vote and his obligation to perform civil duties.
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Criminal law is concerned with the punishment and treatment of criminals. (ii) Private law deals with the rights and duties existing between one individual and another. Private law includes: (a) The law of contract. A Partnership is a type of contract.
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(b) The law of torts. (c) The law of trusts. The rules relating to the law of trusts derive primarily from equity. (d) The law of property. (e) The law of succession on death.
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(f) Family law. Family law defines and deals with the consequences of marriage, parenthood, guardianship, adoption, legitimacy and certain other matters. (g) Private international law. Private international law (alternatively called the conflict of laws) deals with cases involving a foreign element. For example, suppose an Italian runs over an Englishman in France and the Englishman commences his action in England. Which law is to govern the liability, if any, of the Italian? The answer to such a question is to be found in the rules of private international law, the operation of which is further touched upon in the discussion of domicile, nullity and dissolution of marriage and legitimacy. B. Criminal law and civil law The phrase civil law is used in several different senses, chiefly. (i) (as here) as opposed to criminal law;
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(ii) to mean municipal law as opposed to public international law; (iii) to mean Roman law.
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The main distinction between criminal and civil law does not depend on the nature of any wrongful conduct; it is perfectly possible for the same act to be both a crime and a civil wrong. For instance, if A stabs B in the back, A commits both a crime and a tort (which is a civil wrong). The main differences between criminal law and civil law are as follows: (i) All criminal proceedings are instituted by or on behalf of the Crown and criminal proceedings, once commenced, cannot be dropped or discontinued without the leave of the court unless the Attorney-General stops further proceedings by entering a nolle prosequi. Civil proceedings are brought by individuals who are free in most cases to discontinue the proceedings either with or without a settlement with the other side. (ii) A criminal is always liable to be punished. Indeed, the main function of the criminal law is to see that offenders are punished.
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The civil law on the other hand is not in general concerned with the punishment of civil wrongdoers (for an exception, see exemplary damages). The main remedy in tort and contract is damages, which is primarily designed to compensate the plaintiff for losses caused by the defendant. In family law the various types of relief that may be claimed include dissolution and annulment of marriage and financial provision for a spouse and any relevant children. (iii) Criminal procedure is very different from civil procedure. This is reflected in the terminology. Criminal proceedings are called prosecutions and involve a prosecutor prosecuting a defendant (alternatively called an accused). If the crime is proved, the defendant is convicted.
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By contrast, in most civil proceedings a plaintiff is said to sue (i.e. bring an action against) a defendant and, if successful, is said to obtain judgment against the defendant. In matrimonial causes, however, a petitioner petitions for divorce, nullity or judicial separation against a respondent and, if successful, is granted a decree. C. Adjective and substantive law A third classification is into adjective (i.e. procedural) law and substantive law. In broad terms, adjective law regulates the general conduct of litigation, substantive law all other conduct.
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Actividades
1) Completar para cada caso las reas de incumbencia cubierta por cada trmino:
Derecho Pblico
Derecho Constitucional
Derecho Privado
Derecho de Familia
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2)
Bsqueda terminolgica
(a) Proveer el sinnimo que da el texto para el trmino private international law.
(b) Indicar los sentidos que da el texto al trmino civil law, sea por sinnimos o antnimos.
(c) De qu manera puede construirse una definicin para el trmino nolle prosequi a partir del propio texto?
(d) Indicar las alternativas de trminos en ingls que aparecen en el texto para los siguientes: Delincuente: Resarcimiento: Parte actora: Parte demandada: Sentencia: Derecho procesal:
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Texto 7: False Accusations of Child Abuse Fuente: ExpertLaw, por Aaron Larson
False Accusations of Child Abuse

The rise of false accusations of abuse in child custody proceedings is very disturbing. Courts often choose to "err on the side of caution," and refuse to grant custody to the accused parent. Sometimes, the accused parent cannot even obtain parenting time (child visitation), even after investigation finds no evidence of abuse. Making a false abuse allegation is a horrible thing to do to a child. The child will often have to undergo unnecessary and intrusive medical and psychological examinations. If the allegations are of sexual abuse, the physical examinations of the child can be extremely embarrassing to the child. Also, depending upon the circumstances and the age of the child, the false accusations can cause a permanent rift between the child and the accused parent, the accusing parent, or both. Historically, parents who complained of false accusations were ignored. However, recent studies illustrate how common false allegations are. In Ontario, an analysis of child abuse allegations in the Ottawa area revealed that 60% of accusations of abuse were related to marital breakup, and in two thirds of those cases there was no evidence of any abuse. It is no longer professionally reasonable for a psychologist to presume the truth of abuse allegations made in the context of divorce. The irresponsibility of parents who make false accusations to hurt their spouse, or to stop a child custody action, has caused grave harm to children who actually are abused -the significant numbers of false allegations make it less likely that true allegations will be believed. While both mothers and fathers have brought false abuse allegations in divorce proceedings, mothers are more likely to be believed. In one noteworthy case, a young child told her father of improper touching by a babysitter, and he reported the allegations to the authorities. When social workers investigated, the mother accused the father of molesting the daughter. This resulted in a long legal battle, where the father had to fight for even limited access to his daughter. During the father's four-year legal battle, the mother was diagnosed as mentally ill, and was temporarily institutionalized. The social workers investigating the case wrote a report, fretting that the father might gain custody as a result of the hospitalization. Eventually, the father managed to convince a court that the charges were false, and he did gain custody of his daughter, but the emotional and financial consequences of the false allegations were enormous. Using false accusations of abuse to gain an advantage in child custody proceedings is a horrible thing to do to a child. False accusations should be taken very seriously by courts, and should be viewed as strong evidence that a parent has little concern for the child's mental well-being, and cares even less about the child's relationship with the other parent. If you face false accusations of abuse, you are likely to face a costly and difficult legal battle. It is strongly recommended that you obtain the assistance of an attorney who understands the legal and psychological issues involved in false accusation cases, and who has experience defending falsely accused parents.
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Actividades
1) Responder: (a) Qu es lo que a menudo, los tribunales rehsan otorgar al padre acusado falsamente de abuso sexual infantil?
(b) En casos de falsa acusacin de abuso sexual infantil, en qu forma incide en las relaciones del hijo con el padre?
(c) A qu obedecen, en un alto porcentaje, las falsas acusaciones de abuso sexual infantil de un padre con respecto a su hijo?
(d) Existe siempre evidencia de tal abuso, segn el texto?
(e) Cul de los progenitores se considera el ms creble en un caso de falso abuso sexual infantil en un proceso de divorcio?
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2) Encontrar en el texto los trminos opuestos a los siguientes vocablos: Vocablos (a) (b) (c) (d) (e) (f) Unreasonable Proper Unlimited Illegal Responsibility Necessary Trminos opuestos rengln: rengln: rengln: rengln: rengln: rengln:
3) Explicar en castellano el significado de las frases o trminos siguientes dentro del texto. (a) Break up Undergo unnecessary examinations and intrusive medical and psychological
(b)
(c)
make it less likely that true allegations will be believed fight for even limited access to the child should be viewed as strong evidence the childs mental well-being err on the side of caution
(d)
(e)
(f)
(g)
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Texto 8 : Sealed without a KISS Fuente: HR Magazine, por Timothy S. Bland, octubre de 2000.
Sealed without a KISS

When you get official correspondence from the EEOC, odds are you wont be opening a love letter You flip through your mail at the office and run across an envelope with the dreaded return address of the Equal Employment Opportunity Commission (EEOC). As you slowly tear open the envelope, perspiration beads on your forehead. When you remove the contents you learn that it is exactly what you feared: a charge of discrimination. What should you do now? Unlike proceedings from the Occupational Safety and Health Administration, which usually begin when that agency knocks on your companys door, EEOC proceedings usually begin with a written charge of discrimination that employers receive in the mail. By law, the EEOC is supposed to provide employers with a copy of the charge within 10 days of its filing; however, the EEOC often fails to do so, and this failure is not, unfortunately, a defense to the charge.
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Once you, as the employer, receive a charge, you should immediately assess the charges merits. Start by looking for any procedural defects. Specifically, ask yourself the four following questions:
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Is the charge signed, dated and notarized by the person who filed it? (This person will be referred to in this article as the charging party.) Was the charge filed within the time allowed? In states that have a fair employment agency, charges must be filed within 300 days of the last date on which alleged discrimination occurred; in states that do not have a fair employment agency, charges must be filed within 180 days.
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Does the charge name the proper employer (i.e., the company for which the charging party either worked or applied to for work) as the respondent? If not, the charge might have been sent to the wrong company by accident. Further, if the employee making the charge is a temp, the charge might incorrectly name your company, rather than the agency for which the temporary employee works. Finally, if the employee made a minor mistake in naming your company and fails to correct this error, there is a slight chance that this procedural flaw could be enough to get the case dismissed. (But dont get your hopes up!).
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Is the charge filed against a company that is subject to federal antidiscrimination statutes?
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The EEOC enforces four federal laws: Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act (EPA).
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Only companies with 15 or more employees are subject to Title VII and the ADA. Only companies with 20 or more employees are subject to the ADEA. (Generally, the EPA applies to any employer subject to the Fair Labor Standards Act, which, for practical purposes, is virtually every private sector employer and most, if not all, public sector employers.) Once you have checked for procedural errors, investigate the factual allegations of the charge. Two primary sources of relevant information are company records and persons with first-hand knowledge of the facts. Start by reviewing company records- such as the personal file of the employee who filed the charge- to obtain relevant information. (If the charge was filed by a job applicant, review that persons application, resum, the job advertisements and other relevant documents.) Personnel documents most often relevant to EEOC charges include production records, disciplinary records, attendance records and performance evaluations. You also should review the personnel files and other relevant documents of other persons whose situations may be comparable to that of the charging party. For example, if the charging party was discharged for poor attendance, review the personnel files of other employees with comparable attendance records to ensure that none were treated more favorable than the charging party. If one or more were treated more favorable, be sure there is a legitimate business reason for the discrepancy. If there is no legitimate reason, the EEOC may use this disparate treatment as grounds for finding that the company behaved in a discriminatory manner. Next review, any policies or guidelines relevant to the EEOC charge and ensure that the company followed these policies and guidelines when dealing with the charging party. A failure to follow company policies may be, in the eyes of the EEOC, evidence that the company treated the charging party discriminatorily. Finally interview any persons who may have first-hand knowledge of the charge. During these interviews, make it clear that you are merely engaging in a fact-finding investigation and that there will be no retaliation against those interviewed for providing unfavorable information about the company.
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Actividades
1) Responder las siguientes preguntas: (a) Cmo se inicia habitualmente una accin por discriminacin laboral?
(b) En qu plazo debe notificarse al empleador? Qu sucede si no se cumple con dicho plazo?
(c) Cmo debe evaluar el empleador si es procedente la accin?
(d) Qu leyes son aplicables?
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(e) Qu ejemplos del texto podran considerarse casos de discriminacin?
(f) En trminos generales a quin pretende asesorar el artculo?
2) Qu significan en contexto las siguientes palabras? Ingls (a) charges (renglones: 22-24-52) Equivalente en castellano
(b) dismiss (rengln 33) grounds (rengln 61)
(c)
(d) policies (rengln 65) temp (rengln 28) engaging (rengln 69)
(e)
(f)
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3) Identificar las siglas que aparecen en el texto e indicar el referente: Sigla Referente
4)
Elabore una versin en castellano de las siguientes oraciones:
Once you have checked for procedural errors, investigate the factual allegations of the charge. Two primary sources of relevant information are company records and persons with first-hand knowledge of the facts. Versin en castellano:
4) During these interviews, make it clear that you are merely engaging in a factfinding investigation and that there will be no retaliation against those interviewed for providing unfavorable information about the company. Versin en castellano:
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Texto 9 : Court to Hear Key Case on Discrimination Fuente: Waldmeir, Patti; diario Financial Times
Court to Hear Key Case on Discrimination

The US Supreme Court today hears a case which could have a big impact on the size of damages paid by US employers in employment discrimination lawsuits. The court agreed to hear the case, Carole Kolstad vsl the American Dental Association (ADA), to clarify what kind of employer conduct will give rise to 5 punitive damages - damages awarded to punish and deter an offender - in lawsuits involving sex discrimination. However, law employment experts said that the suit was also likely to have a knock-on effect on race, age and other employment discrimination suits brought under Title VII of the 1991 Civil Rights Act.
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The case involves a female lawyer employed as a lobbyist for the ADA, a professional trade association. A jury found that Ms Kolstad was denied promotion because of intentional sex discrimination. The issue before the court is not whether this is so, but whether such discrimination must be egregious2 before punitive damages are awarded. Title VII permits such damages where there was 'malice or ... reckless indifference to the federally protected rights of an individual'. But in Ms Kolstad's case an Appeals Court found that the ADAs conduct was neither 'egregious' nor 'truly outrageous' enough to merit punitive damages.
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At the moment there is confusion over the standard of conduct necessary to attract punitive damages, with the various circuit courts applying differing standards to define 'reckless indifference'. If the Supreme Court upholds the Appeals Court's decision in Kolstad - that the conduct did not meet this standard of 'egregious' this would set a new standard nationwide that could limit the size of both jury awards and pre-trial settlements. 'Our concern is that punitive damages would become the norm'
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Conversely, if Ms Kolstad wins, jury awards and settlements could shoot up. Her lawyers argue in their brief that 'egregious' is too high a standard, and that employees need only show that their employers knew or should have known their conduct was probably unlawful in order to have claims for punitive damages put 30 before a jury. ' If adopted, this standard would subject employers to punitive damages virtually every time an employee engages in intentional discrimination against another,' the US Chamber of Commerce argues in a brief filed to support the ADA. 'Our concern is that punitive damages would become the norm, not the exception, whereas the 35 law clearly intends them to be the exception,' says Stephen Bokat of the National Chamber Litigation Center, which has also backed the ADA. According to Jury Verdict Research, which tracks jury awards, 40 % of verdicts in gender discrimination cases in the last six years have included punitive damages. The law caps damages at $50,000-$300,000 per plaintiff, depending on the size of 40 the employer. A lower court jury awarded Ms Kolstad back pay after a male employee in the same office was, according to her lawyer's brief, 'preselected' for a promotion for which he was less qualified than she was.
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Legal brief Discrimination is unfair treatment or denial of normal privileges to people because of their race, age, sex, nationallty or religion. In this case, the US appeal judges were asked to decide if the unfair treatment had been so bad as to warrant an extremely stiff penalty (punitive damages), which should deter others from similar behaviour. Note that each US state administers its own justice system but the 50 system of appeal is from trial court to Appeals Court and then the Supreme Court, which is the highest appeal court in the US.
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1 an abbreviation for versus, meaning against 2 very bad indeed, disgraceful (widely used in legal terminology in American English)
Actividades
Responder o completar con la informacin faltante, segn corresponda. 1) Por qu se hace mencin a la Corte Suprema de los Estados Unidos en el primer prrafo?
2)
Por qu la Corte Suprema acept el tratamiento del caso?
3)
A qu posicin se hace referencia? (rengln 7)
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4)
Cul es el estado civil de la parte actora?
5)
Describir el caso.
6)
Por qu se incluye la referencia al Captulo VII?
7)
A qu conclusin lleg la Cmara sobre el caso?
8)
Cul es la dificultad para establecer unidad de criterio sobre este caso?
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9)
Completar la siguiente tabla:
Qu ocurre si la Corte Suprema...

(a) confirma el fallo del Tribunal de Apelaciones?
(b) falla a favor de Kolstad?
10) Qu sucede en caso de adoptarse este criterio? (renglones 31 a 35)
11) Asignar un ttulo a los prrafos 2 y 3 y resumir sus contenidos. Prrafo 2 Contenido: Ttulo:
Prrafo 3 Contenido:
Ttulo:
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Texto 10: Lectura A: Civil Cases Fuente: http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/ HowCourtsWork/ CivilCases.aspx Lectura B: The Appeals Process Fuente: http://www.uscourts.gov/FederalCourts/UnderstandingtheFederalCourts/ HowCourtsWork/TheAppealsProcess.aspx
Lectura A
Civil Cases
A federal civil case involves a legal dispute between two or more parties. To begin a civil lawsuit in federal court, the plaintiff files a complaint with the court and "serves" a copy of the complaint on the defendant. The complaint describes the plaintiff's injury, explains how the defendant caused the injury, and asks the court 5 to order relief. A plaintiff may seek money to compensate for the injury, or may ask the court to order the defendant to stop the conduct that is causing the harm. The court may also order other types of relief, such as a declaration of the legal rights of the plaintiff in a particular situation. To prepare a case for trial, the litigants may conduct "discovery." In discovery, the litigants must provide information to each other about the case, such as the identity of witnesses and copies of any documents related to the case. The purpose of discovery is to prepare for trial by requiring the litigants to assemble their evidence and prepare to call witnesses. Each side also may file requests, or "motions," with the court seeking rulings on the discovery of evidence, or on the 15 procedures to be followed at trial.
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One common method of discovery is the deposition. In a deposition, a witness is required under oath to answer questions about the case asked by the lawyers in the presence of a court reporter. The court reporter is a person specially trained to record all testimony and produce a word-for-word account called a transcript. To avoid the expense and delay of having a trial, judges encourage the litigants to try to reach an agreement resolving their dispute. In particular, the courts encourage the use of mediation, arbitration, and other forms of alternative dispute resolution, or "ADR," designed to produce an early resolution of a dispute without the need for trial or other court proceedings. As a result, litigants often decide to 25 resolve a civil lawsuit with an agreement known as a "settlement."
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If a case is not settled, the court will schedule a trial. In a wide variety of civil cases, either side is entitled under the Constitution to request a jury trial. If the parties waive their right to a jury, then the case will be heard by a judge without a jury.
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At a trial, witnesses testify under the supervision of a judge. By applying rules of evidence, the judge determines which information may be presented in the courtroom. To ensure that witnesses speak from their own knowledge and do not
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change their story based on what they hear another witness say, witnesses are kept out of the courtroom until it is time for them to testify.
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A court reporter keeps a record of the trial proceedings. A deputy clerk of court also keeps a record of each person who testifies and marks for the record any documents, photographs, or other items introduced into evidence.
As the questioning of a witness proceeds, the opposing attorney may object to a 40 question if it invites the witness to say something that is not based on the witness's personal knowledge, is unfairly prejudicial, or is irrelevant to the case. The judge rules on the objection, generally by ruling that it is either sustained or overruled. If the objection is sustained, the witness is not required to answer the question, and the attorney must move on to his next question. The court reporter records the 45 objections so that a court of appeals can review the arguments later if necessary. At the conclusion of the evidence, each side gives a closing argument. In a jury trial, the judge will explain the law that is relevant to the case and the decisions the jury needs to make. The jury generally is asked to determine whether the defendant is responsible for harming the plaintiff in some way, and then to 50 determine the amount of damages that the defendant will be required to pay. If the case is being tried before a judge without a jury, known as a "bench" trial, the judge will decide these issues. In a civil case the plaintiff must convince the jury by a "preponderance of the evidence" (i.e., that it is more likely than not) that the defendant is responsible for the harm the plaintiff has suffered.
Actividades
1) Explicar: (a) Complaint: Qu es? Qu datos debe contener?
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(b) "Relief: Qu es? Qu tipos se mencionan en el texto?
(c) Discovery: Qu es? Cul sera su equivalente en castellano? Qu datos debe contener? Qu objetivo persigue? Ejemplo
(d) ADR: Qu es? Cul sera su equivalente en castellano? En qu casos se utiliza?
(e) "Objection: Qu es? Cundo y quin la interpone? Cmo y quin la resuelve?
(f) Bench Trial: Qu es? Cul sera su equivalente en castellano? Diferencia con Jury trial
(g) Qu debe probar el actor en una causa civil?
(h) Enumerar todas las palabras que se refieren a personas y su equivalente en castellano.
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Lectura B
The Appeals Process

The losing party in a decision by a trial court in the federal system normally is entitled to appeal the decision to a federal court of appeals. Similarly, a litigant who is not satisfied with a decision made by a federal administrative agency 5 usually may file a petition for review of the agency decision by a court of appeals. Judicial review in cases involving certain federal agencies or programs for example, disputes over Social Security benefits may be obtained first in a district court rather than a court of appeals. In a civil case either side may appeal the verdict. In a criminal case, the defendant 10 may appeal a guilty verdict, but the government may not appeal if a defendant is found not guilty. Either side in a criminal case may appeal with respect to the sentence that is imposed after a guilty verdict. In most bankruptcy courts, an appeal of a ruling by a bankruptcy judge may be taken to the district court. Several courts of appeals, however, have established a 15 bankruptcy appellate panel consisting of three bankruptcy judges to hear appeals directly from the bankruptcy courts. In either situation, the party that loses in the initial bankruptcy appeal may then appeal to the court of appeals. A litigant who files an appeal, known as an "appellant," must show that the trial court or administrative agency made a legal error that affected the decision in the 20 case. The court of appeals makes its decision based on the record of the case established by the trial court or agency. It does not receive additional evidence or hear witnesses. The court of appeals also may review the factual findings of the trial court or agency, but typically may only overturn a decision on factual grounds if the findings were "clearly erroneous." Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the "appellee," tries in its brief to show 30 why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.
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Although some cases are decided on the basis of written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of 35 judges focusing on the legal principles in dispute. Each side is given a short time usually about 15 minutes to present arguments to the court. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be
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reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit.
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to 45 grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. When the Supreme Court hears a case, the parties are required to file written briefs 50 and the Court may hear oral argument.
Actividades
1) Hacer un cuadro sinptico del proceso de apelacin en los Estados Unidos. Ingls A decision A petition A review A judicial review A verdict A ruling An appeal Findings An legal argument A brief An appellee An oral argument An appellate lawyer En banc A writ of certiorari Explicacin Equivalente en castellano
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2) Responder las siguientes preguntas. (a) En una causa civil qu se apela, quin puede apelar y dnde?
(b) En una causa penal qu se apela, quin puede apelar y dnde?
(c) En una causa concursal qu se apela, quin puede apelar y dnde?
(d) Qu debe probar el recurrente en una apelacin?
(d) Qu debe probar el recurrente en una apelacin?
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(e) Cundo procede una apelacin ante la Corte Suprema de los Estados Unidos?
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Texto 11 : Calm Needed in Abortion Clinic Debate Fuente: internet: http://www.theaustralian.news.com.au
Calm Needed in Abortion Clinic Debate

There is no place in Australia for US-style violence directed at those who enter abortion clinics. We have, until now, been mercifully free of the bloodshed and terror tactics that characterise public protest against pregnancy termination in the United States. Yet that prospect has been raised, prematurely, by activists on both sides of this emotional issue following the killing of a 45-year old security guard at an East Melbourne abortion clinic. It is time for passionate opponents and proponents of abortion to take a collective deep breath. Police are yet to determine the identity or possible motives of the man accused of killing Steve Rogers at Australias first legal abortion clinic. And there is no suggestion the accused man had any involvement with the members of the Christian anti-abortion prayer group, Helpers of Gods Precious Innocents, who had just finished their daily prayer vigil near the clinic 15 minutes before the shooting. But there is a legitimate debate to be had about tactics and strategies employed by those who object to abortion, and their vehement detractors in the pro-choice camp. Critics had a point when they questioned the wisdom of Right to Life president Margaret Tighe, who said that given the nature of what occurs at these places, its a wonder there had not been more of these incidents. From the standpoint of her own movement and its aim to win support, Ms Tighe is better off disavowing any links between the anti-abortion cause and violence. It is unfair to sheet home responsibility for the alleged actions of one man to her opponents. A leading figure in the abortion debate since the push for legislation in the 1960s and 1970s, Ms Tighe scored few political points with her inflammatory comments because they seemed to offer an excuse, or at least an explanation, for fanatical or violent acts. It is almost as if the Right to Life president is launching a pre-emptive attack on her opponents in anticipation of some mud sticking to her own side. Ms Tighe and members of the anti-abortion group that assembles daily outside the clinic have distanced themselves from the killing. Indeed, they continued with their demonstrations and prayers the day after the shooting. As long as their protests remain non-violent and lawful, and their actions do not stop or harass people entering or leaving the clinics, these people are entitled to assemble and register their convictions in a public place. Victorian Premier Steve Bracks and others may well think the immediate resumption of picketing was disrespectful. Anti-abortion activists, however, can justifiably argue that carrying on business at the clinic the day after the murder was also in poor taste. Urging concerned citizens to back off from their democratic right to protest is unwarranted advice from the Premier of a democratic state. Yet Mr Bracks failed to caution the Socialist Alliance and other abortion supporters, who had no qualms about protesting on the steps of the Victorian Parliament after the clinic killing. Rather than blaming one another, critics and advocates of abortion should await the outcome of the court case. There is no need to escalate tensions on this issue to the point where sensible discussion about reform of the law is impossible.
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Actividades
1) Responder: (a) Cmo define el texto las acciones de quienes se oponen al aborto en los Estados Unidos?
(b) Qu se entiende por pregnancy termination? Cmo lo expresara en castellano?
(c) Fue posible vincular al acusado de efectuar los disparos con grupos antiabortistas? Por qu?
(d) Por qu se critic a la presidenta de Right to life?
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(e) Qu condiciones deben darse para que los grupos anti-abortistas puedan ejercer su derecho de protesta en espacios pblicos?
(f) Qu opinin gener la vuelta a las protestas de los anti-abortistas tras el asesinato?
(g) Qu dos crticas se le hacen a Steve Bracks? Qu cargo ocupa?
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Texto 12 : Saddams Jailer Court-martialled for Treason Fuente: internet: http://www.timesonline.co.uk/tol/news/world/iraq/article2664250.ece, Jenny Booth and agencies from Times Online, October 15, 2007
Saddam's Jailer Court-martialled for Treason

Saddam Hussein's former jailer went on trial before a US court martial in Baghdad today charged with aiding the enemy, and accused of buying hair dye and cigars for the former Iraqi dictator.
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Lieutenant-Colonel William Steele is accused of allowing prisoners access to an unmonitored mobile phone while he was the commanding officer of Camp Cropper, the maximum security military prison near Baghdad airport where Saddam was held until he was hanged in December.
He is also accused of allowing special privileges to detainees, including paying for a supply of hair dye and Cuban cigars for Saddam. He is further charged with 10 failing to obey an order; and of carrying on an inappropriate relationship with an interpreter. An army reservist from Prince George, Virginia, Lieutenant-Colonel Steele originally faced the death penalty if found guilty of the most serious charge, that of aiding the enemy, which is a capital offence under US military law.
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The maximum penalty he faces has however since been commuted to life imprisonment, after US military leaders decided to make it a non-capital case. He has been in custody in Kuwait since March.
As the trial began in a pine-panelled courtroom in Camp Liberty, a US base, the defence tried to obtain a motion to dismiss the charge of aiding the enemy, arguing 20 that giving a mobile phone to detainees did not fall into the legal definition of supplying "arms, munitions, money and other things". Lieutenant-Colonel Timothy Grammel, the presiding judge, denied the request, but said that the prosecution must prove that the detainees Lieutenant-Colonel Steele was helping qualified as "enemies", and not as former enemies.
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Prosecutors attempted to justify the charge, citing a speech by President Bush, but Lieutenant Colonel Grammel dismissed this as "vague". The prosecution will have other opportunities to make their case.
Lieutenant-Colonel Steele has already pleaded guilty to three charges, relating to the improper use of classified information and possession of pornography, each of 30 which carries a potential sentence of two years, plus forfeiture of pay and dismissal from the Army. An eighth charge, that he had an improper relationship with the daughter of a detainee, and a ninth, of misusing Government funds to buy treats for prisoners, were dismissed at a pre-trial hearing in June.
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The alleged offences took place between October 2005 and February this year, starting when Lieutenant-Colonel Steele was commander of the 451st Military Police Detachment at Camp Cropper, and later when he was posted to nearby Camp Victory as senior patrol officer with the 89th Military Police Brigade A witness at the hearing in June spoke of an occasion at Camp Cropper when Lieutenant-Colonel Steele used his service pistol to intimidate the guards in a prison tower. Brigadier General Kevin McBride added, however, that Camp Cropper was positively reviewed by the Red Cross while Lieutenant-Colonel Steele was in charge. Special Agent John Nocella told the June hearing that Lieutenant-Colonel Steele had empathised with the senior detainees in his charge, who included Saddam and other senior figures from his regime. It has not been made clear which of them was allowed to use the mobile phone.
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Texto 12: Saddams Jailer Court-martialled for Treason Fuente: internet: http://www.timesonline.co.uk/tol/news/world/iraq/article2664250.ece, Jenny Booth and agencies from Times Online, October 15, 2007
Actividades
1) Responder: (a) Por qu se hace mencin a Saddam Hussein en el primer prrafo?
(b) Qu cargos se le imputan al Teniente Coronel William Steel? 1. 2. 3. 4.
(c) Qu pena le correspondera por los cargos imputados?
(d) Cul es la pena mxima que se le aplicar?
(e) Qu solicit la defensa respecto del cargo de haber ayudado al enemigo?
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(f) Qu resolvi el jurado respecto de esa solicitud?
(g) Por qu se hace referencia al Presidente Bush?
2) Establecer si las siguientes afirmaciones son verdaderas o falsas. Fundamentar oralmente la eleccin en cada caso. Verdadera (a) El Teniente Coronel William Steel se declar inocente del cargo de uso indebido de informacin reservada. Al Teniente Coronel William Steel se lo declar inocente del cargo de mantener relaciones indebidas con la hija de un detenido. El Teniente Coronel William Steel sola hacer uso de su arma reglamentaria para lograr sus objetivos mediante la intimidacin. El trato del Teniente Coronel William Steel con el detenido Saddam Hussein era degradante e insensible. Falsa
(b)
(c)
(d)
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3) Incluir en la columna que corresponda cinco trminos pertenecientes al rea jurdica y cinco al rea militar. Agregar su equivalente en castellano segn el contexto en el que aparecen en el artculo.
REA JURDICA Trmino (a) (b) (c) (d) (e) Equivalente en castellano
REA MILITAR Trmino (a) (b) (c) (d) (e) Equivalente en castellano
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Texto 13: The Court and Constitutional Interpretation Fuente: internet: http://www.supremecourtus.gov
The Court and Constitutional Interpretation

Equal justice under law Equal justice under law - These words, written above the main entrance to the Supreme Court Building, express the ultimate responsibility of the Supreme Court of the United States. The Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. The Supreme Court is distinctly American in concept and function, as Chief Justice Charles Evans Hughes observed. Few other courts in the world have the same authority of constitutional interpretation and none have exercised it for as long or with as much influence. A century and a half ago, the French political observer Alexis de Tocqueville noted the unique position of the Supreme Court in the history of nations. The representative system of government has been adopted in several states of Europe, he remarked, but I am unaware that any nation of the globe has hitherto organized a judicial power in the same manner as the Americans. A more imposing judicial power was never constituted by any people. The unique position of the Supreme Court stems, in large part, from the deep commitment of the American people to the Rule of Law and to constitutional government. The United States has demonstrated an unprecedented determination to preserve and protect its written Constitution, thereby providing the American experiment in democracy with the oldest written Constitution still in force. The Constitution of the United States is a carefully balanced document. It is designed to provide for a national government sufficiently strong and flexible to meet the needs of the republic, yet sufficiently limited and just to protect the guaranteed rights of citizens; it permits a balance between societys need for order and the individuals right to freedom. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government. That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government. The complex role of the Supreme Court in this system derives from its authority to invalidate legislation or executive actions which, in the Courts considered judgment, conflict with the Constitution. This power of judicial review has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a living Constitution, whose broad provisions are continually applied to complicated new situations. While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions. Moreover, many of the Founding Fathers expected the Supreme Court to assume this role in regard to the Constitution; Alexander Hamilton and James Madison, for example, had
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underlined the importance of judicial review in the Federalist Papers, which urged adoption of the Constitution. Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature, whose statutes might express only the temporary will of part of the people. And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process. If every constitutional question were to be decided by public political bargaining, Madison argued, the Constitution would be reduced to a battleground of competing factions, political passion and partisan spirit. Despite this background the Courts power of judicial review was not confirmed until 1803, when it was invoked by Chief Justice John Marshall in Marbury v. Madison. In this decision, the Chief Justice asserted that the Supreme Courts responsibility to overturn unconstitutional legislation was a necessary consequence of its sworn duty to uphold the Constitution. That oath could not be fulfilled any other way. It is emphatically the province of the judicial department to say what the law is, he declared.
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Actividades
1) Responder e indicar los renglones de referencia: (a) Cul es la funcin de la Corte Suprema de los Estados Unidos de Amrica?
Rengln de referencia: (b) Por qu se dice que la Constitucin es un documento cuidadosamente equilibrado?
Rengln de referencia:
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(c) Qu se entiende por judicial review? Cmo se efectiviza?
Rengln de referencia: (d) De dnde surge el judicial review?
Rengln de referencia: (e) Segn Madison quin debe realizar la interpretacin constitucional? Qu sucedera en caso contrario?
Rengln de referencia: (f) En qu ao y con qu fallo se confirm la facultad de la CSJ para efectuar el control de constitucionalidad?
Rengln de referencia:
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2) Especificar : (a) El significado de AS segn el contexto en el que aparece. (1) As the final arbiter of the law, the Court is charged with ensuring... (rengln 6): (2) The Supreme Court is distinctly American in concept and function, as Chief Justice Charles Evans Hughes observed. (renglones 8, 9 y 10): (3) None have exercised power for as long and with as much influence (renglones 11 y 12): (4) ... in the same manner as the Americans (rengln 16):
(5) ... as well as in maintaining a living constitution. (renglones 36 y 37):
(b) El equivalente en castellano del tiempo verbal indicado en negrita. Tiempo Verbal (1) While the function of judicial review is not explicitly provided in the Constitution, it had been anticipated before the adoption of that document. (2) Prior to 1789, state courts had already overturned legislative acts which conflicted with state constitutions. (3) Alexander Hamilton and James Madison had underlined the importance of judicial review in the Federalist Papers, which urged adoption of the Constitution. (4) Hamilton had written that through the practice of judicial review the Court ensured that the will of the whole people, as expressed in their Constitution, would be supreme over the will of a legislature... (5) And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process.
Equivalencia en castellano
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Texto 14 : Liberty of the Subject Fuente: Wates C. J., Miller, S. T., A Visual Approach to British and American Government, Longman, 1973, pg. 25
Liberty of the Subject

I Liberty may be roughly defined as 'not being prevented from doing what one wants to do: not being compelled to do what one does not want to do'.
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Equality is complementary, since if any have special rights (privilege) it reduces the liberty of others. ('Men are born, and continue equal, in respect of their rights,' Declaration of the Rights of Man, 1789). Liberty is made up of component liberties (freedoms or rights)-political liberty (the freedom to choose one's government) ; personal liberty (the first casualty of war) freedom of expression (the first victim of tyranny); freedom of association; religious freedom, etc. (the nature of these components will depend on political conditions, (compare the liberties cited in the Bill of Rights 1688, the Declaration of the Rights of Man 1789, the Grundrecht 1848, the Universal Declaration of Human Rights 1948 and the most recent demands for additional freedoms, e.g. the right to privacy). It is assumed that 'man is born free', from the premise of homo sapiens -that man is a reasoning animal and will develop best if allowed to express himself. The alternative would be authoritarianism based on the premise that the individual is incapable of discerning his own good. Therefore interference with the liberty of the subject must always justify itself. Alternatively liberties may be established by a constitution (see the US constitution, the first ten amendments, the Belgian constitution -Dicey, Law of the Constitution, ref. 23, ch. 6). The legal justification for restricting the liberty of the individual should be to protect the liberty of other individuals, represented by the state (hence 'la libert est le droit de faire tout ce que les lois permettent'. Montesquieu, and 'a man is innocent until he is proved guilty' and 'every invasion is a trespass').The real distinction between democracy and tyranny, and between individualism and collectivism lies in the degree of liberty allowed to the subject, or the degree of authority allowed to the state. II Liberty requires protection. 'The price of liberty is eternal vigilance.' Governments desire to increase their power, for arbitrary power is not only more satisfying to those who exercise it but also easier to exercise.
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As the business of the state has increased there has been of necessity an increased encroachment on the liberty of the individual. Some of this has been justified by the state taking legal powers (technically this would not be an infringement of liberty according to the above definition). Some has been done without legal justification or with somewhat dubious legal justification (e.g. the actions of administrative tribunals where no appeal lies to the courts).
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Actividades
1) Completar el siguiente cuadro:
LIBERTAD
Concepto
Complemento
Libertades Bsicas
2) Responder: (a) Por qu se menciona la Declaracin de los Derechos del Hombre de 1789 segundo prrafo?
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(b) Qu nuevo derecho ha demandado el hombre en los ltimos tiempos?
(c) Cul es la bipolaridad de las dos premisas que cita el texto?
(d) Qu podra justificar la restriccin de ciertas libertades?
(e) Por qu se introducen los conceptos de democracia y de individualismo?
(f) Qu justifica la referencia a la proteccin introducida en la Parte II?
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(g) Cmo vertera en castellano, literalmente, el contenido de la oracin subrayada renglones 34/35?
(h) Cmo han concretado los gobernantes lo que se afirma en la oracin vertida al castellano?
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Texto 15 : The Factorame case Fuente: http://www.bookrags.com/wiki/Factortame_case
02/20/2011
The Factortame Case

The Factortame case was a landmark constitutional case in the United Kingdom (UK), which confirmed the primacy of European Union law over English law whilst the European Communities Act 1972 is not expressly repealed. The Factorame cases spanned a period of over ten years and are of particular constitutional significance in the debate over the erosion of Parliamentary supremacy in Britain. The two most important judgements are to be found in R v Secretary of State for Transport (ex parte Factortame) [1990] 2 AC 85 and R v Secretary of State for Transport (ex parte Factortame) No 2 [1991] 1 AC 603 which are often referred to as Factortame I and Factortame II.
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Background The case first came to prominence when a Spanish fishing company incorporated by Directors; Joseph J LCouceiro, John A Couceiro and Ken L Couceiro, appealed in the UK courts against restrictions imposed on them by the UK government under the Merchant Shipping Act 1988. A section of the Act prevented companies using foreign ships registered as British vessels from fishing in UK waters. Factortame's argument was that they were permitted to fish under the law of the European Economic Community First Instance
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The case reached the High Court, which granted an order requiring that the relevant part of the Merchant Shipping Act be disapplied. However, on 22 March, 1989, this was overturned by the Court of Appeal on the basis that the constitution did not give any court the right to suspend Acts of Parliament, and this was confirmed by the House of Lords, the highest court in the UK. House of Lords In 1990, the House of Lords, ruling that they did not have the power to suspend Acts of Parliament, referred the case to the European Court of Justice (ECJ), as was legally required. The ECJ in June, 1990, ruled that national courts could disapply legislation that contravened EU law. Consequently, the House of Lords ruled in favour of Factortame, meaning that in effect the Merchant Shipping Act 1988 was struck down. Relevance The key issue in this case was not whether European law was superior to national law. In the view of the European Court of Justice, this was already well established in case law, since the decision in Costa v. ENEL; although another view is that European law is only superior whilst the UK Parliament allows it to be. The question was whether or not a domestic British court could overturn an Act of Parliament on grounds of incompatibility with EU legislation. (For a further discussion of this issue see Erskine May, Parliamentary Practice) This appears to breach English constitutional principle of Parliamentary sovereignty, which holds that Parliament is the supreme law-making body and that no
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external body can override its legislation. In Factortame, the courts were able to prevent the operation of the law created by Parliament. Effectively, the House of Lords has been given the power to disapply Acts of Parliament where they are incompatible with EU law. The comments made by Lord Bridge in the case have been seen in some quarters as being 'revolutionary' (Wade), in that he suggests that Parliament has, in the European Communities Act (ECA) 1972, managed to bind its successors from repealing the Act impliedly. It had previously been thought that no Parliament could ever bind its successors in such a way. In a case where two statutes conflicted, the traditional approach would have been to apply the later statute on the basis that the inconsistent parts of the earlier statute had been repealed. Such an interpretation of the case is supported by statements inThoburn v Sunderland City Council and Hunt v Hackney Borough Council to the effect that there now exist two forms of Acts of Parliament: ordinary acts which can be repealed impliedly, and 'statutory' or 'constitutional' acts which can only be repealed expressly. (See in particular the judgement of Laws LJ in Thoburn). Nevertheless, there is no restriction on the ability of Parliament to expressly repeal ECA 1972. Furthermore, the case does not, on a strict reading, constitute a breach of Parliamentary sovereignty. The Merchant Shipping Act 1988 was not a purposeful and direct conflict with EC law, but was instead an attempt to give effect to the fishing quotas required under EC law. Therefore, the courts were not striking down a domestic Act of Parliament, but were instead attempting to interpret legislation in a manner compatible with the Treaty obligations that arise under ECA 1972 (as proposed by Lord Diplock in the case of Garland v British Rail Engineering). It remains to be seen how the courts would respond to an Act of Parliament intentionally contradicting EC law. However, in the case of MacArthy's v Smith, Lord Denning suggested that, should such an event occur, the courts would be obliged to obey the domestic law over the European. Sovereignty The issue of whether the UK Parliament or the European Court of Justice has ultimate sovereignty over European Community laws which apply to the UK is still an area of intense legal debate and conflicting views. In current practice, the UK recognises the primacy of the European Court of Justice for those areas of law in which the EU has competency. However, inMacarthys Ltd v Smith, Lord Denning said, "If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the Treaty or any provision in it or of intentionally acting inconsistently with it and says so in express terms then I should have thought that it would be the duty of our courts to follow the statute of our Parliament." This view of the UK's ultimate sovereignty was supported by Lord Justice Laws in the Metric Martyrscase, when he said, "...there is nothing in the European Communities Act which allows the European Court, or any other institution of the EU, to touch or qualify the conditions of Parliament's legislative supremacy in the United Kingdom...That being so, the legislative and judicial institutions of the EU cannot intrude upon those conditions." The opposing view, that European law has primacy over UK law, has been stated many times by the European Court of Justice. In ECJ Case 6/64 Costa v. ENEL (1964), the ECJ stated, "...the Members States have limited their sovereign rights, albeit within limited fields." In Case 26/62 Van Gend en Loos v. Nederlandse Administratie der
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Texto 15 : The Factorame case Fuente: http://www.bookrags.com/wiki/Factortame_case 90
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Belastingen (1963) their ruling states, "...the Community constitutes a new legal order of international law for the benefit of which the states have limited their sovereign rights." The question of who has the ultimate 'Kompetenz-Kompetenz' (i.e. the right to decide the limits the European Court of Justice's jurisdiction) has not been settled. The Factortame case is important for two reasons. Firstly, the European Court of Justice re-asserts the primacy of European Community law, and its ability to overrule conflicting domestic legislation. It also changes the balance of power in the constitution. For the first time since 1688 (prior to the Bill of Rights), the judiciary is able to set aside the will of the legislature, even though it has knowledge of its express wish. The Factortame case is often cited as evidence for the erosion of UK sovereignty and independence by the Eurosceptic movement in the UK. The central question is therefore whether Parliament is truly sovereign.
Actividades
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1) Prediccin i. Qu saben algo sobre el caso Factortame?
2) Responder (a) Cules son las dos razones por las que el caso Factortame es importante?
(b) Explicar el caso.
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(c) Qu pasa en el caso de los alumnos que han crecido utilizando la tecnologa?
(d) Cul es el tema a resolver en este caso?
(e) Qu sugiere Lord Bridge?
(f) Cmo responden los tribunales del Reino Unido cuando una Ley Parlamentaria contradice el derecho de la Comunidad Europea?
(g) Qu se dice sobre el caso Metric Martyrs?
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3) Complete el siguiente cuadro: Supremaca del Derecho Comunitario sobre el Derecho del Reino Unido A favor En contra
4) Vocabulario: hacer una lista de palabras relacionadas con el funcionamiento parlamentario.
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Texto 16 : Supreme Court Allows Lethal Injection for Execution Fuente: The New York Times, 16 de abril de 2008
Supreme Court Allows Lethal Injection for Execution

WASHINGTON (AP) -- The Supreme Court on Wednesday upheld the most common method of lethal injection executions, likely clearing the way to resume executions that have been on hold for nearly 7 months. The justices, by a 7-2 vote, turned back a constitutional challenge to the 5 procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. Similar methods are used by roughly three dozen states. ''We ... agree that petitioners have not carried their burden of showing that the risk of pain from maladministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute 10 cruel and unusual punishment,'' Chief Justice John Roberts said in an opinion that garnered only three votes. Four other justices, however, agreed with the outcome. Roberts' opinion did leave open subsequent challenges to lethal injection practices if a state refused to adopt an alternative method that significantly 15 reduced the risk of severe pain. Justices Ruth Bader Ginsburg and David Souter dissented. Executions have been on hold since September, when the court agreed to hear the Kentucky case. There was no immediate indication when they would resume, but prosecutors in several states said they would seek new execution 20 dates if the court ruled favorably in the Kentucky case. Forty-two people were executed last year among more than 3,300 people on death row across the country. Another roughly two dozen executions did not go forward because of the Supreme Court's review, death penalty opponents said.
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The argument against the three-drug protocol is that if the initial anesthetic does not take hold, the other two drugs can cause excruciating pain. One of those drugs, a paralytic, would render the prisoner unable to express his discomfort.
The case before the court came from Kentucky, where two death row inmates 30 did not ask to be spared execution or death by injection. Instead, they wanted the court to order a switch to a single drug, a barbiturate, that causes no pain and can be given in a large enough dose to cause death. At the very least, they said, the state should be required to impose tighter controls on the three-drug process to ensure that the anesthetic is given 35 properly.
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Roberts said the one-drug method, frequently used in animal euthanasia, ''has problems of its own, and has never been tried by a single state.'' Kentucky has had only one execution by lethal injection and it did not present any obvious problems, both sides in the case agreed.
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But executions elsewhere, in Florida and Ohio, took much longer than usual, with strong indications that the prisoners suffered severe pain in the process. Workers had trouble inserting the IV lines that are used to deliver the drugs.
Roberts said ''a condemned prisoner cannot successfully challenge a state's method of execution merely by showing a slightly or marginally safer 45 alternative.'' Ginsburg, in her dissent, said her colleagues should have asked Kentucky courts to consider whether the state includes adequate safeguards to ensure a prisoner is unconscious and thus unlikely to suffer severe pain. Justice John Paul Stevens, while agreeing with the outcome, said the court's 50 decision would not end the debate over lethal injection. ''I am now convinced that this case will generate debate not only about the constitutionality of the three-drug protocol, and specifically about the justification for the use of the paralytic agent, pancuronium bromide, but also about the justification for the death penalty itself,'' Stevens said.
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Stevens suggested that states could spare themselves legal costs and delays in executions by eliminating the use of the paralytic. Ty Alper, a death penalty opponent and associate director of the Death Penalty Clinic at the University of California-Berkeley School of Law, said he expects challenges to lethal injections will continue in several states.
Actividad
1) Responder: (a) Qu est en discusin en el caso de la pena de muerte en Kentucky?
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(b) Cules son los riesgos de la aplicacin de las tres drogas en la inyeccin letal?
(c) Cul es la opinin del Presidente de la Corte Suprema con respecto a la aplicacin de la inyeccin letal?
(d) Qu sucede si el anestsico aplicado no surte efecto?
(e) Qu otro tema se debate en el artculo, aparte de la inyeccin letal?
(f) Qu se le debe exigir al estado frente a la aplicacin de la inyeccin letal?
(g) Ty Alper est a favor o en contra de la inyeccin letal?
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Texto 17 : The Institutions of the European Union Fuente: internet: www.historylearningsite.co.uk/institutions_of_the_european_uni.htm
The Institutions of the European Union

The European Union is run not by one body but by a series of institutions with their own remit. The following institutions were created in the 1960s and have developed since. The European Commission has come in for criticism from those who oppose the European Union and many have criticised the apparent lack of 5 national democracy as a result of the powers of these institutions in the European Union. The most senior of these institutions is the Council of Ministers. Other important bodies are: The European Commission, The European Parliament, The European Court of Justice
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The council of ministers This is the European Unions most powerful decision-making body. It is made up of the foreign ministers of member states. Other ministers from member states may have an input in topics relevant to their expertise.
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The policies discussed and eventually decided on by the Council are largely developed by non-elected civil servants in member states and by the non-elected Commission. This has led to many complaints about how this system works in that 320 million people have decisions taken for them by elected ministers but these ministers discuss policies created by non-elected civil servants. Before 1986, just one country represented in the Council could veto a policy but in 1986 Qualified Majority Voting was introduced. This is a system whereby each country has been given a block of votes dependent on its size. Britain, France and Germany as the largest member states have 10 votes each. Luxembourg has 2 votes. In total, there are 87 votes in the Council and 62 are needed to secure a majority. A unanimous vote is required to enlarge membership of the Union. It would also be needed if there was a move towards a harmonisation of the tax systems of member states.
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Britain has suffered rebuffs using this QMV system. Britain was overruled on the principle of a 48 hour week in 1993. In 1996, the Major government, in retaliation 30 for the EU banning the sale of British beef as a result of the BSE scare, introduced a policy of non-co-operation with the EU. However, this was doomed to fail and was no more than gesture politics as the Council of Ministers did not need Britains 10 votes to push through policy.
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This aspect of the Council alone has brought criticism from those against the EU in that the Council can impose a policy on member states even if they (a) did not vote for it in the Council or (b) simply, for whatever reason, did not participate in the work done in the Council on that policy. This ability to impose its will is all part of the supranational nature of the EU i.e. where member states ability to create domestic policy is inferior to that of the European Union. The european commission THE EUROPEAN PARLIAMENT -The European Parliament, based in Strasburg, is an elected body. Members of it are known as Members of the European Parliament (MEPs) and they are elected by voters within a member state.
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However, turnout for MEP elections within Britain is low much lower than for a national election. In 1999, the average MEP constituency vote was a mere 23% in the UK, comparing less than favourably with the average 60% in mainland European Union states.
The European Parliament is not a legislative body. It is consulted on issues and can influence changes to suggested policies but it cannot introduce them this is only 50 done by the Commission and it is the Commission that initiates the whole process. In this sense, what power does the European Parliament have? The European Parliament has two theoretical powers but in reality it is unlikely to ever use both.
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The Parliament can reject the annual budget of the European Union (which it did 6 times in the 1980s) but now with a centralised currency, this would bring to a halt all the work the European Union does and bring the whole concept of a Europe working together into disrepute. The two bodies clashing would fundamentally weaken the whole fabric of the Union and give added ammunition to those anti the European Union.
The Parliament also has the theoretical right to dismiss the European Commission if two-thirds of MEPs vote for this. This would cause huge chaos and simply will not happen. As the driving force behind policy initiative is the Commission, such an act would deprive the European Union, in many senses, of its modus operandi. However, it was pressure from the Parliament that lead to the resignation of all 20 65 commissioners in 1999.
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The Parliament has 626 MEPs and they are elected for 5 years. The more populated member states have been allocated a higher number of seats. When the Parliament sits, those who belong to a political party, tend to sit with all those from a similar party i.e., the Socialists will all sit together regardless of which member 70 state they are from; the environmentalists will also do the same etc. The european court of justice This body is the one most anti-Europeans target as the one which has/will undermine British political sovereignty. They believe that the European Court of Justice will impose onto member states what they want and that the people within 75 those states will not have any choice. When Britain joined the EEC, simply by doing this the government put European law above British law. Though the Treaty of Rome has no validity in itself, what it stated was brought into British law by an Act of Parliament the European Communities Act in 1972. Therefore, all British domestic law has to be in synch 80 with European Union law. The European Court will decide if it is or is not. The first time this affected Britain was in 1991 when the House of Lords used the 1972 Act to adjudge the 1988 Merchant Shipping Act to be contrary to European Union law (known as the Factortame Case). The summary of that case is blunt: The European Court of Justice is made up of 15 judges appointed by the member states. 85 Their appointment is for a fixed term of office of 6 years though the term is renewable.
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Actividades
1) Responder: (a) Qu se afirma en la primera oracin?
(b) Cundo se crearon las instituciones a las que se hace referencia en la oracin 1?
(c) A qu crticas se hace referencia en la oracin 3 del primer prrafo?
(d) Qu instituciones conforman la Unin Europea?
(e) Cul de las instituciones es la de mayor relevancia y quines la integran?
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(f) Qu planteos existen en relacin con las tomas de decisiones del Consejo de Ministros?
(g) Qu modificacin se introdujo en 1986 y en qu consisti dicha reforma?
(h) En qu casos se exige la aprobacin por totalidad de votos?
(i) Qu efecto tuvo en Gran Bretaa la introduccin del sistema de aprobacin por mayora de votos?
(j) Qu aspectos se le critican al Consejo de Ministros?
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(k) Por qu se incluye la referencia a la naturaleza supranacional de la Unin Europea?
2) Asignar un ttulo a cada uno de los prrafos que desarrollan el tema La Comisin Europea y resumir su contenido. Prrafo 1 Contenido: Ttulo:
Prrafo 2 Contenido:
Ttulo:
Prrafo 3 Contenido:
Ttulo:
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Prrafo 4 Contenido:
Ttulo:
3) Indicar con una cruz si la informacin es Verdadera o Falsa. Fundamentar la respuesta. Verdadera (a) La Corte Europea de Justicia fortalecer la soberana poltica de Gran Bretaa. Falsa
(b)
El ingreso de Gran Bretaa a la Comunidad Europea le otorg al pas mayor independencia en asuntos legales.
(c)
El efecto del ingreso de Gran Bretaa a la Comunidad Europea se verific con claridad en 1991.
(d)
Los estados miembros de la Comunidad Europea no estn facultados para nombrar Jueces del Tribunal de Justicia.
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4) Detectar siglas y determinar su significado. Sigla Significado
5) Establecer a qu hacen referencia las palabras subrayadas en el texto: their (rengln 2): those (rengln 3): these (rengln 5): it (rengln 11): this (rengln 16): whereby (rengln 20): its (rengln 21): this (rengln 31): its (rengln 37): that (rengln 39): them (rengln 49): this (rengln 49): it (rengln 50): did (rengln 54): such (rengln 62): those (rengln 68): this (rengln 76): itself (rengln 77): this (rengln 31):
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Texto 18 : Case: Wohl v. Spectrum Manufacturing, Inc. Fuente: Wests Business Law. Text , Cases, Legal, Ethical, Regulatory and International Environment. Seventh Edition. Kenneth W. Clarkson. Roger LeRoy Miller. Gaylord A. Jents. Frank B. Cross. West Educational Publishing. An International Thomson Publishing Company. CHAPTER 4 COURT PROCEDURES. Pginas 65 - 66.
Case: Wohl v. Spectrum Manufacturing, Inc.

CASE 4.1 United States Court of Appeals Seventh Circuit, 1996. 94 F.3d 353. Wohl v. Spectrum Manufacturing, Inc.
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BACKGROUND AND FACTS: Martin Wohl worked for Spectrum Manufacturing, Inc., as the firms controller. His responsibilities included financial and cost accounting. Billing, which would normally fall under a controllers supervision, was handled by Greg Reuhs, Spectrums general manager. According to Wohl, Reuhss unorthodox billing policy (involving stealing billing from, and allocating labor to, subsequent months) made it difficult for Wohl to obtain accurate information for his accounting reports. It also prevented management from obtaining an accurate picture of departrment profit and loss. Wohl discussed the problem with Spectrums president and others, but he was told to get along with Reuhs and to work out the differences. Wohl later stated that it was clear to him that the company considered Reuhs, who was the younger man, to be a key player in the organization, and that he was to be appeased. When Spectrum fired Wohl, who was then fifty-four years old, and replaced him with a man who was twenty years younger, Wohl sued the company in a federal district court for age discrimination in violation of federal law. Spectrum moved for summary judgment, arguing that it had fired Wohl not because of his age but because of his inability to produce certain accounting reports. The district court granted the motion, and Wohl appealed. ESCHBACH, Circuit Judge. * * * * A plaintiff in an age discrimination case may defeat a summary judgment motion brought by the employer if the plaintiff produces evidence that the employer [offered] a phony reason for firing the employee. * * * * * * * * * * [The] facts all support Wohls contention that his failure to produce accurate and reliable reports was not the true reason that he was fired. We recognize that a reasonable fact-finder may infer contrary conclusions, but we reemphasize that all reasonable inferences must be viewed in the light most favorable to the nonmoving party [the party who is not bringing the motion; the opposing party] on summary judgment. 78
IN THE LANGUAGE OF THE COURT
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Texto 18 : Case: Wohl v. Spectrum Manufacturing, Inc. Fuente: Wests Business Law. Text , Cases, Legal, Ethical, Regulatory and International Environment. Seventh Edition. Kenneth W. Clarkson. Roger LeRoy Miller. Gaylord A. Jents. Frank B. Cross. West Educational Publishing. An International Thomson Publishing Company. CHAPTER 4 COURT PROCEDURES. Pginas 65 - 66. 40
* * * * Spectrum gave Wohl a substantial raise just before he was fired, Wohl produced financial reports as best he was able, and Spectrum provides no documentary evidence that Wohl did not meet their legitimate expectations. Plaintiff also stated in his affidavit that [u] until I was fired, I had every reason to believe that the company was happy with my performance. I was never given any indication that Spectrum considered my efforts * * * to be deficient. This is essentially a swearing contest. Summary judgment is not the appropiate place to resolve this genuine dispute over a material fact.
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DECISION AND REMEDY

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The U.S. Court of Appeals for the Seventh Circuit reversed the district courts grant of summary judgment in favor of Spectrum and remanded the case (sent it back to the trial court) for trial.
Palabras: 498
Actividades
1) Actividad de anticipacin. Responder las siguientes preguntas. (a) Cmo est organizada la informacin desde el punto de vista grfico?
(b) De qu manera contribuye a la comprensin?
79
(c) Por qu se utiliza distinta tipografa?
(d) Por qu se utilizan asteriscos (*), corchetes ([ ]) y comillas ( )?
(e) Qu tipo de texto es?
(f) Cmo se interpretan los ttulos de la columna izquierda?
(g) Identificar conectores dentro de cada prrafo principal de la columna derecha.
80
(h) Analizar la organizacin de la informacin en Background and Facts". Identificar oraciones, secuencia y conectores.
2) Actividad de contenido. Responder las siguientes preguntas. (a) Cules eran las tareas a cargo de Martn Wohl?
(b) Cules eran las tareas a cargo de Reuhs?
(c) Cmo se encuentra acreditado en el primer prrafo que la tarea de Reuhs dificulta el normal desarrollo del trabajo de Wohl?
(d) Por qu se manifiesta que los mtodos utilizados por Reuhs no son ortodoxos?
81
(e) De qu manera afecta esta conducta al nivel gerencial del empleador?
(f) Qu actitud asumi Wohl ante esta conducta por parte de Reuhs?
(g) Cundo present Wohl su demanda?
(h) Ante que tribunal la present?
(i) Cul fue el curso de accin de Spectrum ante tal demanda?
82
(j) Cul fue el pronunciamiento del Tribunal?
(k) Qu hizo Wohl?
(l) Qu criterio debe aplicarse en las causas en las que el actor alega discriminacin por razn de la edad?
(m) Cmo valora el tribunal los hechos?
(n) De acuerdo con el tribunal, qu principio se debe aplicar?
83
(o) Cules son las conclusiones a las que lleg el tribunal respecto de los hechos?
(p) Por qu el tribunal no considera apropiado el summary judgment?
(q) Cul fue la decisin del tribunal de apelaciones del sptimo circuito?
84
Texto 19 : Case:Ohio v. Lessin Fuente: Wests Business Law. Text , Cases, Legal, Ethical, Regulatory and International Environment. Seventh Edition. Kenneth W. Clarkson. Roger LeRoy Miller. Gaylord A. Jents. Frank B. Cross. West Educational Publishing. An International Thomson Publishing Company. CHAPTER 4 COURT PROCEDURES. Pginas 71 - 72.
Case: Ohio v. Lessin

CASE 4.2 Ohio v. Lessin Supreme Court of Ohio BACKGROUND AND FACTS: Cheryl Lessin, a 1 1993. member of the Revolutionary Communist Party, 67 Ohio St.3d 487, participated in a political demonstration over President 620 N.E.2.d 72. George Bushs ordering of American troops to the
5
10
15
20
Persian Gulf in 1990. Lessin made prepared political statements to the crowd; assisted in the burning of an American flag to illustrate her own and her partys disapproval of the presidents decision; and then pushed, shoved, and punched her way through the crowd until she was arrested by police. In 1989, prior to Lessinss trial, the United States Supreme Court had decided, in Texas v. Johnsona, that burning an American flag to convey a political message is protected speech under the First Amendment. The trial court in Lessins case, however, failed to instruct the jury on the law set forth by the Supreme Court in Johnson and did not preclude the members of the jury from considering the evidence of political speech, particularly flag burning, in their determination of Lessins guilt. When Lessin appealed the courts guilty verdict, the court of appeals affirmed the trial courts decision. Lessin then appealed to the Ohio Supreme Court.
MOYER, Chief Justice * * * * The risk that a jury will premise its guilty verdict on constitutionally protected conduct is reduced, if not completely eliminated, by an accurate and thorough set of jury instructions which direct the jury to refrain from considering certain evidence as proof of guilt. In this case, the role of the jury instructions was critical in obviating [removing] the possibility that each juror would convict based on his or her personal prejudices against flag burners and Communists. * * * We cannot uphold Lessins conviction for the crime of inciting violence because it is impossible to say with any degree of certainty that her burning of the United States flag was disregarded by the jury in reaching its verdict. The trial courts instruction given to the jury on free speech did not serve to adequately protect the defendants rights because it did not inform the jury
IN THE LANGUAGE OF THE COURT
25
30
35
a 491 U.S. 387, 109 S. Ct. 2533, 105 L.Ed.2d 342 (1989)
85
Texto 19 : Case:Ohio v. Lessin Fuente: Wests Business Law. Text , Cases, Legal, Ethical, Regulatory and International Environment. Seventh Edition. Kenneth W. Clarkson. Roger LeRoy Miller. Gaylord A. Jents. Frank B. Cross. West Educational Publishing. An International Thomson Publishing Company. CHAPTER 4 COURT PROCEDURES. Pginas 71 - 72. 40
45
50
that (1) flag burning in the absence of a call to violence is protected speech under the First Amendment and (2) the jury is not to consider the fact that Lessin burned the flag in determining whether she is guilty of inciting violence. The necessity of giving a more precise instruction is further underscored because of the * * * exchange which occurred between defense counsel and the trial judge during voir dire [ in which the trial judge told the defense counsel, There has been no Supreme Court Case, to my knowledge, that permits under any circumstances that its okay to burn the flag].
DECISION AND REMEDY
55
The Ohio Supreme Court reversed the appellate courts decision. The case was sent back for a new trial in which jury instructions reflecting the United States Supreme Courts decision in Johnson would be given and Lessins freedom of Speech would be protected. The Supreme Courts position that flag burning is a form of speech protected by the First Amendment has been controversial. Many feel that to allow the flag to be so desecrated is to repudiate the freedom and independence symbolized by the flag. In the Courts judgment, however, to prohibit Americans from freely expressing their political views- symbolically or otherwise- would violate not only the First Amendment to the Constitution but also the basis for democratic government. b
ETHICAL CONSIDERATIONS
60
Flag Burning and other forms of symbolic speech are discussed in further detail in Chapter 5.
Palabras: 596
86
Actividades
Actividad de contenido. Responder las siguientes preguntas. (a) Qu actitud asumi Cherryl Lessin frente al envo de tropas al Golfo Prsico en 1990?
(b) Qu resolvi la Suprema Corte de EEUU en la causa Texas V Johnson?
(c) Qu resolvi el tribunal en el caso Lessin?
(d) Cul fue el voto razonado del Juez Moyer?
87
(e) De qu informacin se priv al jurado?
(f) Por qu era tan importante dicha informacin?
(g) Qu ocurri durante el proceso de seleccin del jurado?
(h) Qu dispuso la Suprema Corte de Ohio?
(i) Cul fue la posicin de la Corte Suprema de EEUU?
(j) Cules son las opiniones doctrinarias al respecto?
88

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Facultad de Derecho Universidad de Buenos Aires

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(b) A qu tres conceptos remite esta mencin?

(c) A qu conceptos se hace referencia en el rengln 12? Enumrelos.

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(e) A qu ejemplo de violaciones de los principios doctrinarios de Dicey se hace referencia?

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*bootleg copies: copies sold or distributed illegally

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(b) Dnde est regulado el Copyright?

(c) Qu obras no resultan amparadas por dicho derecho?

(d) Qu modificacin se introdujo en diciembre de 1994?

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(f) Quines pueden someter cuestiones para la consideracin de los comits?

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(h) Quin efecta los nombramientos?

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9. Send the written communication to the any of the following:

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2. Qu cursos de accin puede seguir Symantec?

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5.Por qu puede incurrir en responsabilidad por daos y perjuicios? Qu incluye la indemnizacin?

Describir las acciones posibles en caso de violacin de derechos de autor.

8. Qu contempla el artculo 512 (g) (2) y (3) de la DMCA?

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