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

Roles in Criminal Justice Systems: Adversarial vs. Inquisitorial

The Public Prosecutor's Role

In adversarial legal systems, such as that of the United States, the public prosecutor possesses wide discretion to bring charges. This principle is followed not only by common law countries but also by France.

Legality Principle in Inquisitorial Systems

Countries influenced by the inquisitorial system, however, adhere to the legality principle, which mandates prosecution. Here, the prosecutor has a duty to act; there is no discretion. If the prosecutor becomes aware of a criminal act, they are obliged to bring charges.

Prosecutorial Discretion in Spain

In Spain, a distinction is made between public crimes, semi-public or semi-private crimes, and private... Continue reading "Legal System Roles: Prosecutor, Victim, and Judge in Global Criminal Justice" »

Mastering Advanced English Vocabulary

Enhance your communication and writing skills with this curated list of essential advanced English words and their precise definitions.

Aberration

A state or condition markedly different from the norm.

Abeyance

A temporary suspension of an activity; a state of being put aside for further action.

Adjudge

To award or bestow by formal decision.

Affront

An open, intentional insult.

Anarchy

The absence of government or law; political disorder.

Artifice

A skillful or ingenious device; a clever trick; a clever skill; trickery.

Augury

An event that is experienced as indicating important things to come.

Cadaverous

Pale, gaunt, resembling a corpse.

Cajole

To persuade by pleasant words; to coax with flattery and insincere talk; to wheedle.... Continue reading "Essential Vocabulary: Advanced English Words" »

Law and the State Connection

Law is strongly connected to the state because the state creates most of the law, and the state itself is regulated by the law.

Understanding Constitutional Law

Constitutional Law contains rules on the organization of the state, its powers, and the relations between its organizations. It provides fundamental rights that protect the legal position of the individual against the state.

Sources of Constitutional Law

Primary sources of constitutional law include ordinary law, case law, and customs.

State Sovereignty Explained

Sovereignty can be understood as the supreme power or authority of a state to govern itself and determine its own laws.

Internal vs External Sovereignty

Internal sovereignty means the state is the highest... Continue reading "Foundations of Law and State Structure" »

Valencia, strengthening the presence of the Royal Council, as the main organ of justice and administration. This administration gained power in 'imposing and repealing' the laws. It became necessary to gather and compile all the regulations that had been developed. The compilation of the 'Autos Acordados' of 1723 and 1745.

A new philosophical current began to be introduced, in which the 'Reason' and the doctrine 'natural law' took on special relevance and represented the beginning of the separation between the Old Regime and a new system in which the real power, the feudal Church would have less prominence, in favor of national sovereignty, represented by their elected leaders from among them. The French Revolution of 1789 and the Declaration... Continue reading "Evolution of Justice Administration in Spain: 1723-1869" »

Legal Representation and Agency

The act executed by the representative shall fall under and be the responsibility of the principal. In order for this to occur, it is necessary that a power of attorney is previously granted to the representative.

Voluntary vs. Legal Representation

• In a voluntary representation, it is the principal who entrusts the representative to carry out acts of the law in his name and on his behalf.
• In a legal representation, the law appoints someone to represent another person, without taking into account the will of the person represented. Furthermore, the law defines the powers of the representative.

The Mandate Contract

A mandate is a contract through which one party, the mandatory, assumes the obligation to perform an act... Continue reading "Legal Representation and Partnership Contract Fundamentals" »

The new statute, known as the “Elgueta Statute” because it was settled in Elgueta, was shorter than the initial draft. The statute's implementation was limited to the area of the Basque Country under the control of the Republic and the Basque people: Biscay, the very west part of Gipuzkoa, and a small part of northern Alaba. It could not be implemented in the rest of the territory, despite being the official law, because it was under the control of the upraised military.

Basis in the 1931 Constitution

The statute emphasized its basis in the 1931 Constitution. This implied that the statute could not contradict the constitution. For example, there was no reference to Catholicism as the official religion, and all citizens were equal before... Continue reading "The Basque Statute of 1936: A Short-Lived Autonomy" »

Main Taxation Principles

(Based on Article 31.1 of the Spanish Constitution)

• Equality
• Economic Capacity
• Generality
• Proportionality (Own the same, pay the same)
• Progressivity (Earn more, higher percentage)
• No Confiscation (Not allowed to pay nearly all; 75% might be too much)
• Legal Reserve (Created by law)

Tax Authorities

(Article 5 of the Spanish General Tax Law)

Encompass all public authorities that:

• Levy taxes
• Impose penalties
• Interpret tax law
• Review tax issues in economic-administrative disputes

Important Concepts in Taxation

• Retroactivity Principle: Tax laws do not benefit from it.
• Analogy: Prohibited to extend terms of taxable events, exemption, or other benefits.
• Abuse or Conflict of Tax Law: Occurs when taxes have been avoided or tax liability reduced

What is Arbitration?

Arbitration is a legal process used to resolve disputes between parties outside of the traditional court system. It is a form of alternative dispute resolution (ADR) in which the parties involved in a dispute agree to have a neutral third party, known as an arbitrator or arbitral tribunal, make a binding decision to settle their dispute. Arbitration is often chosen as an alternative to litigation for various reasons, including its potential for faster resolution, greater privacy, and lower costs compared to going to court.

Key Elements of Arbitration:

1. Voluntary Agreement: Arbitration is typically based on the voluntary agreement of the parties involved. They may choose to arbitrate a dispute either before or after a dispute

Secondary Victim Defined

A secondary victim is a person who suffers unintended consequences when others are victimized.

Understanding Polyvictimization

Polyvictimization refers to multiple instances of varied victimization. It has a more negative impact than being the victim of one type of chronic victimization.

Revictimization Explained

Revictimization is the continued victimization by the same offender committing the same crime.

Violence Against Women Act of 1994

The Violence Against Women Act of 1994 addressed concerns about violence against women, including sexual violence and domestic abuse.

Restorative Justice Principles

Restorative Justice is the philosophical basis of the victims' movement. It emphasizes offender accountability and victim reparation.... Continue reading "Essential Criminology and Legal Definitions" »

Breach of Duty of Care

General Standard of Care

Reasonable Standard of Care

Likelihood of Harm