Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

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The Spanish Constitution

The Spanish Constitution represents the highest law in Spain, situated at the top of the legal system pyramid. It comprises the rules governing the basic institutions of the country, the territorial division (Autonomous Communities, State, and Local entities), and the rights and liberties of the people.

To create a new law or approve international treaties, changes to the Constitution are necessary.

Hierarchy of Spanish Law

Constitution - International Treaties - Organic Acts - General Acts - Decrees issued by the Government.

The two main types of law are Organic Acts and General Acts.

The Three Branches of Power

There are three branches of power: Legislative, Judicial, and Executive.

Organic Law

Organic Laws relate to the development... Continue reading "Understanding the Spanish Legal System: Constitution & Laws" »

Enhance your vocabulary with these 80 essential words, complete with clear and concise definitions.

Contracts

A contract is a legally binding promise (written or oral) by one party to fulfill an obligation to another party in return for consideration.

Elements of a Contract

• Offer and Acceptance
• Consideration
• Intention to be legally bound
• Legal capacity
• Formalities

Societies

Civil Society

• Contract between two or more persons
• Obligation to contribute money or goods
• Profits shared among members
• No minimum capital
• Losses and profits distributed
• Minimum of two partners

Anonymous Society

• Dedicated to the exploitation of an economic activity
• Capital divided into shares
• Minimum capital of 60k
• Own legal personality
• Losses in proportion to contribution
• Quarterly VAT

Limited Liability Company

• Capital divided into equal parts, not shares
• Minimum capital of 3.5k
• Partners exempt

1. How would you characterize public and private law?

Public law deals with issues that affect the general public or state, society as a whole. Including Administrative law, Constitutional laws, Criminal laws, Municipal laws and International laws.

On the other hand, private law affects the rights and obligations of individuals, families, businesses and small groups and exists to assist citizens in disputes that involve private matters, which includes Contract law, Tort law - rights, obligations and remedies provided to someone who has been wronged by another individual, Property law, Succession law - governs the transfer of an estate between parties And Family law.

2. Which are the major branches of private law?

Private law deals with the mutual... Continue reading "Understanding Public and Private Law: Major Branches and Functions" »

Sources of Commercial Law

The legal framework governing commercial transactions, particularly credit instruments, is derived from both primary and secondary sources.

Primary Sources of Commercial Regulation

1. Law and Applicable Statutes

   The primary law applicable to credit instruments is the LGTOC (General Law of Credit Instruments and Operations). Other commercial regulations are also applicable to fill legal gaps, such as the Commercial Code, specialized commercial laws, and the Federal Civil Code. All commercial regulations are federal in nature.

2. International Treaties

   Agreements and conventions ratified internationally that pertain to commercial transactions and credit instruments.

Secondary Sources of Commercial Regulation

3. Jurisprudence

   Jurisprudence

Legal Rules as to Valid Offer

Essential Elements

1. Communication: Offer must be communicated to the offeree.
2. Certainty: The offer must be certain, definite, unambiguous, and not vague.
3. Legal Relation: The offer must be capable of creating a legal relation.
4. Expression: Offer may be express or implied.
5. Completeness: Communication of the complete offer is necessary.
6. Counter Offer: A counter-offer amounts to a rejection of the original offer.
7. Cross Offer: Cross offers do not conclude a contract.
8. Acceptance Burden: An offer must not thrust the burden of acceptance on the offeree.
9. Invitation to Offer: Offer must be distinguished from an invitation to offer.
10. Intention: The offeror should have the intention to obtain the consent of the offeree.
11. Specificity: Offer

Short Answers:

• Dual vs. Cooperative Federalism

  • Dual Federalism:

    • States retain autonomy; federal government yields to states in areas of overlapping responsibility.
    • Established in Hammer v. Dagenhart.
    • Revived in National League of Cities v. Usery, emphasizing state sovereignty, but later overturned by Garcia v. San Antonio Metropolitan Transit Authority, requiring states to yield to the Fair Labor Standards Act (FLSA).

  • Cooperative Federalism (Post-1937):

    • Federal government takes precedence in areas of overlapping responsibility.
    • United States v. Darby Lumber Co. upheld Congress's power to regulate employment conditions under the Commerce Clause, overturning Hammer v. Dagenhart.

• Printz v. United States

  • The Brady Handgun Violence Prevention Act (Brady Bill)

Essential Rights of Crime Victims

• Right to Notice: The right to advisement of the existence of crime victims’ rights and the right to advisement of specific events during the criminal justice process.
• Right to be Present: The victim can physically attend the criminal trial and other criminal justice proceedings related to the investigation, prosecution, and incarceration of his or her offender.
• Right to be Heard: The right to make an oral and/or written statement to the court at a criminal justice proceeding (Victim Impact Statement).
• Right to Reasonable Protection: The victim’s right to safety from the accused.
• Right to Restitution: Money paid by the offender to the victim for losses that the victim suffered as a result of the offender’s