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

Procedural Specialties

Laws of Single Reading

These laws are recommended for their brevity and simplicity, allowing processing through a short, straightforward procedure.

Deployment of the Legislative Process

This is used when a bill is extremely short or addresses a matter with significant unanimity.

Project Proposal

Given the short project, it may be proposed to the full House for processing directly in a single reading, which opens a debate. Once held, the project moves to a vote.

Voting and Outcome

If the vote is favorable, the bill or proposition is approved; otherwise, it is rejected.

Procedural Specialty

The rank of the law remains unchanged; the specialty is purely procedural.

Laws Differentiated by Technical Complexity

These laws shorten procedures... Continue reading "Legislative Procedures: Simplified Laws and Budget Laws" »

Workplace Rights and Responsibilities

Union Delegates and Representation

Besides regulating the election of union delegates in companies employing more than 250 employees, they represent the union branch and are elected by and among members of that union.

Your Rights as a Union Delegate:

1. Access to the same information provided to the committee.
2. Attending committee meetings (with voice but no vote).
3. Being heard by the company before taking collective actions that affect workers.

Understanding Collective Disputes

A collective dispute involves a generic or abstract group of people with a common interest to all of them as a group.

Example: It asks whether a given section of a company is entitled to a transportation bonus or not. This is a collective dispute,... Continue reading "Workplace Rights: Delegates, Disputes, and Safety" »

1The esructura classes and public employment: l works contracted staff (workforce differentiate between fixed and fixed period) Officials of employment (without permanent employment, internal (need and urgency when there is no race officials), if any (positions of trust, not restricted to officials).
2Access public employment: gene ral principles (equality, merit, advertising) Common elements (the choice is made by, opposition (test capacity) competition (merit rating) or competi-opposition.
Income officials: requisistos (Spanish, older, possess the required certificate, not having illnesses inpidan develop activities, not having been separated from the administration. System (opposition). Procedure (invitation, request, approved lists, testing... Continue reading "Public Employment Structure and Procedures in Spain" »

Affirmative Action

• Affirmative action gives special consideration to traditionally disadvantaged groups to overcome past discrimination.
• The charge that some affirmative action programs discriminate against non-minorities is called reverse discrimination.
• As a result of the Bakke case, race cannot be the sole factor in admissions decisions.
• In Adarand Constructors, Inc. v. Pena, the Supreme Court ruled that affirmative action programs cannot use quotas.
• In Hopwood v. State of Texas, the Bakke decision was challenged.
• California's Proposition 209 ended all state-sponsored affirmative action programs.

Bilingual Education

• Bilingual education programs result from government policies favoring multiculturalism.
• In Lau v. Nichols, the Supreme Court ruled children

It's important to distinguish between the legal method's inability to guarantee the construction of reality and the ability to rely on it regardless of methodological control. The legal system doesn't perfectly mirror legal reality, but it requires it as a means to capture it instrumentally, even if provisionally. This relates to the connection between law and right. Denying their complete identification, as legalism assumes, is different from dismissing the law's role. The law is already tasked with assessing the latent features of the right.

The debate within the political body initiates a process of interpretation, weighing the demands of freedom and equality present in parliamentary group programs. The result establishes a broad framework... Continue reading "The Law: Security, Interpretation, and Social Control" »

Locke's Political Philosophy

State of Nature

The state of nature is the condition in which humanity existed before forming societies and establishing collective ties.

War and Peace

In the state of nature, there are no judges or positive laws to regulate behavior. Instead, natural law governs human conduct. Peace exists when force is not used without right, while war is a state of enmity and destruction. War can occur in both the state of nature and civil society, but it is not a necessity.

Natural Law

Natural law consists of certain rules of nature that govern human behavior and can be discovered through reason. Individuals are free to make rational decisions, and reason provides moral autonomy, making them independent of ecclesiastical authority.... Continue reading "Locke's Political Philosophy: State of Nature, Natural Law, and Civil Society" »

The European Commission

Composition and Appointment

The European Commission is the body representing the common interest of the whole European Union. It is an institution independent of the Member States, responsible for centrally managing the common affairs of the EU. Its functions are regulated in Article 17 of the Treaty on European Union (TEU) and Articles 244 onwards of the Treaty on the Functioning of the European Union (TFEU).

Article 17.1 TEU requires the Commission to promote the general interest of the Union and take appropriate initiatives to that end.

Composition

The Commission is a collegiate body consisting of as many Commissioners as there are Member States, specifically one national from each Member State. This includes the President... Continue reading "EU Commission: Composition, Appointment, and Role" »

Penalty: Two years' imprisonment. Prescription: Four years, as he was under 21 years at the time of the incident, the limitation period is reduced by half, or two years.
Age: 19 years
Publication of the Sentence: 05/05/2008
Res Judicata p / Indictment: 02/06/2008
Res Judicata p / Defense: 15/06/2009

Prison: 6/5/2010 (beginning of the sentence)
Ask yourself: Is it prescribed?

05/05/08..................................02/06/08 ...... .................................................. ......05/05/10
Publication of the Sentence: Transit dismissed Indictment Home Compliance Pen
Marco: Interruptive
+ 27 days + 2 years 3 days

Res Judicata p / Defense: 15/06/2009: No interrupting March for prescription.

ANSWER: 1

Yes, it is prescribed.... Continue reading "Understanding Legal Prescription and Imprisonment Terms" »

Adoption of Treaty Text

The adoption of a treaty text involves setting the text, with states indicating that the text reflects their intent. For multilateral treaties, the text is voted upon and approved, which constitutes the authentication of the treaty. At this stage, a state is not yet obligated but cannot act to deprive the treaty of its effectiveness.

Signature of Treaties

Signature marks the close of the negotiation stage. Generally, signature itself does not create an immediate obligation for a state to be bound by the treaty. However, a distinction must be made:

• Solemn Agreements: These require subsequent ratification for the treaty to become legally binding on the state.
• Agreements in Simplified Form: For these, signature serves two functions:

Understanding Installment Sales Contracts

An installment sale contract is an agreement where one party delivers movable property to another, and the recipient is obligated to pay a specified price, either in full or in installments, over a period exceeding three months from the contract's completion. This arrangement must be clearly defined to avoid ambiguity.

Perfection: A contract is considered 'perfected' when it meets all general contractual requirements and the property is delivered to the buyer.

Scope of Implementation

The following are excluded from the scope of installment sales:

• Sales for resale purposes
• Occasional sales for profit
• Sales or chattel mortgages secured by non-possessory pledges on assets
• Installment sales contracts with a value