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

Understanding the Evolution of Public Law

The Principle of Legality (Top Juridica)

• Originates from the Constitution of 1833 (Art. 160).
• It is the basis of the Chilean government.
• Currently enshrined in Article 7 of the Constitution (CPR).

This principle establishes requirements for acts of public bodies. Public bodies must behave differently than private entities; their actions are more limited. Public bodies can only act if the law permits it.

The principle "under the Constitution or laws" means public bodies can only do what the Constitution or laws permit.

Differences between Public and Private Law:

• Private Law: You can do everything that is not prohibited.
• Public Law: You can do only what is permitted.

State Responsibility and Judicial Review

Individuals... Continue reading "Key Concepts in Public Law Evolution" »

Content of Calls

The calls, along with their bases, are published in the Official Gazette and shall contain at least:

• The number of places offered.
• Center to which applications should be addressed.
• Requirements to be met by applicants.
• Selective tests that have to be held, and if applicable, list of merits to be taken into account.
• Description of the selection board.
• Qualification.
• Program to govern the tests.
• Calendar of evidence.
• Order of performance of candidates, according to a prior draw.

Submission of Applications

Applications to participate in the proceedings should occur within a period of up to 20 calendar days from the day after the publication of the call in the BOE. To be admitted, and where appropriate, take part in the selection tests, simply... Continue reading "Civil Service Access and Career in Spain and EU" »

Common Law

Common law began to be applied in medieval England and expanded throughout the British Empire and its areas of influence. It has traditionally been based more on jurisprudence than on statutory law. Countries with common law systems include England, Wales, Ireland, India, and Australia. This system relies on the analysis of judicial decisions in lower and superior courts. Judicial interpretations can even create new legal figures. However, this has evolved over time, and now statutory law plays a more significant role than jurisprudence.

Ratio Decidendi: The essential reason that resolves a sentence determines the rest of the statements. In short, common law is based on case law. While common law has tended towards codification, it... Continue reading "Common Law vs. Continental Law: Understanding Legal Systems" »

Elements of Labor Law

The Employment Relationship

The employment relationship between employers and employees arises as a result of the employment contract.

Defining the Employer

In employment law, the employer is the natural person or legal entity that receives paid services from workers who depend on it.

The TRLET (Workers' Statute) expands this definition to include any person, entity, or community property receiving paid services from those who voluntarily work on their own and within the scope of the latter's organization. This definition:

• Extends to real communities (e.g., a community of owners hiring a janitor; the community is the employer, not each neighbor).
• Requires workers to act within the scope of the employer's organization (orders

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative,... Continue reading "Parental Rights: Jurisdiction, Guardianship & Child Custody in Argentina" »

The Role of Constituent Power

The presence of a crucial historicist element prevents the American doctrine, established by the constituent power, from imprinting Jacobin political voluntarism. The people exercise constitutional power not only to claim the direct exercise of political sovereignty and make fundamental decisions about the character of the Constitution, but also to secure a stable content of constitutional provisions, thereby opposing the possible arbitrariness of both legislative and constituent power.

Natural Law and Historicism's Influence

Natural law and historicism are not opposed; rather, they bind together, directing the exercise of constituent power toward its perennial goal: to limit and circumscribe the authority of the... Continue reading "Founding Principles of American Constitutionalism" »

Capacity and the Ability to Be Part of a Process (or Capacity to Stand Trial): Treatment Procedure

Ability to Be Part

Ability to be part is defined as the ability to be the holder of the legal relationship and procedure generated in the process and to assume the expectations and obligations inherent to it. It is a condition of release to the generality of the processes. Thus, the LEC (Civil Procedure Act) recognizes the ability of people to be a certain party, namely, to seek judicial protection and be able to see directly affected by a judicial decision. Capacity to be denied means you cannot apply for specific court guardianship.

It should be controlled to start the process for the issuance of a favorable ruling on the merits.

Article 6 of the... Continue reading "Understanding Legal Capacity in Civil Proceedings" »

Posted Workers Directive

Definition of a Posted Worker

For the purposes of this Directive, a "posted worker" is defined as any worker who, for a limited time, carries out their work in the territory of a Member State other than the one in which they normally work. The concept of "worker" is determined by the law of the Member State where the worker is posted.

Conditions of Employment

Member States must ensure that companies guarantee posted workers the following employment terms in the host Member State, regardless of the applicable employment law:

• Maximum work periods and minimum rest periods
• Minimum paid annual holidays
• Minimum rates of pay, including overtime (excluding supplementary occupational retirement pension schemes)
• Conditions of labor supply,

Employer's Obligations in Occupational Safety

Key obligations:

• The employer must ensure the safety and health of workers in all aspects of the job.
• The employer must implement occupational risk prevention measures.

Employee's Rights and Obligations in Risk Prevention

Employee's obligations:

• Use the correct protective means and equipment provided by the employer, following given instructions.

Employee's rights:

• Workers are entitled to information, consultation, and participation in the prevention of occupational hazards.

Prevention Service Modalities

Four modalities for organizing prevention:

1. Assumption of preventive functions by the employer: Only applicable to businesses with up to six workers that do not engage in dangerous activities.
2. Designation of

Understanding Constitutional Justice and the Constitutional Court

Risks in Constitutional Justice

• Ambiguity of Text: Leads to hypertrophy of the Constitutional Court's action.
• Lack of Systematic Adherence: Political forces and public authorities do not systematically adhere to the Constitutional Court's decisions.
• Court's Self-Restraint: The Constitutional Court must exercise self-restraint to avoid being drawn into the arena of political forces.

Membership and Status of the Constitutional Court

Members of the Constitutional Court are elected from among jurists of recognized prestige, with more than 15 years in the exercise of their profession. While the King formally appoints, members are nominated by various bodies: four by the Congress, four by... Continue reading "Constitutional Justice: Court Structure, Powers, and Evolution" »