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

Geographic Mobility in the Workplace

Geographic mobility consists of changing the workplace. There are two types of geographical mobility:

Transfers

A transfer is the power that an employer has to change the geographical location of a worker providing services at a different site from the one they were initially hired for, provided that this involves a change of residence. It may involve a change of permanent location. For an employer to transfer an employee, it is required that there are economic, technical, organizational, or production reasons, or that such a change is permitted to improve the competitive position of the company. Transfers can be individual or collective.

When faced with a transfer, a worker may:

1. Accept the decision and move.

Karl Marx's Theory of Alienation

Biographical Context of Karl Marx

Born in Trier in 1818 and died in London in 1883, Karl Marx was the son of a wealthy family. He studied law in Bonn and Berlin. Pursued by authorities and expelled from several countries, he eventually settled in London, supported by a monthly pension from his friend Friedrich Engels. His most notable works include: Das Kapital (The Capital), The Communist Manifesto (co-authored with Engels), and The German Ideology.

Marx's Core Concept: Economic Alienation

The central theme of Marx's work discussed here is economic alienation.

Key Philosophical Ideas on Alienation

1. Alienation at Work: The worker is alienated from the product of their labor, from the act of labor itself, from their

Understanding Criminal Complaints (Denuncia)

Definition of a Criminal Complaint

A criminal complaint (denuncia) is a declaration of knowledge made by an individual to an official body, informing them of a fact that constitutes a crime. It serves as a fundamental mechanism for public cooperation in anti-crime efforts, a duty imposed by the state.

Key Characteristics and Obligations

The obligation to report crimes is primarily due to Judicial Police officers, who integrate these reports into their investigative steps.

Who is Required to Report Public Offenses?

• Witnesses: Individuals who have directly observed the commission of a public offense.
• Professionals: Persons who, by reason of their employment, profession, or occupation, become aware of a public

The Right to Information: Origins and Conceptualization

First origin of the right to information: In the middle of the 20th century, the Universal Declaration of Human Rights of 1948 universally recognized the right to information.

Conceptualization of the right to information: The fundamental guarantee that every person has to seek information, to inform, and to be informed.

Aspects Included in the Right to Information

The right to information encompasses several key aspects:

• The right to seek information
• The right to inform
• The right to be informed

The Right to Seek Information: Powers Included

This right includes the following powers:

• Access to files, records, and public documents.
• The freedom to choose which medium is read, heard, or viewed.

The Right

The Discovery of America and Its Context

The discovery of America was not a casual or adventurous account. It was preceded by several European studies, treaties, and ascertainments.

The factors that prompted the discovery of America were:

• Economic: The search for new routes for trade, especially to the East.
• Ideological/Religious: New opportunities to evangelize new territories.
• Scientific/Technical: Advances in navigation, such as the compass, the caravel, and improvements in cartography.

The only opportunity left to Castile to reach India was to sail west, as proposed by Columbus. He accidentally discovered a New World, which fundamentally changed the global worldview held until then.

The Capitulations of Santa Fe

The theory of colonization must... Continue reading "Spain's American Empire: Discovery, Conquest, and Governance" »

Worker Delegates (Delegados de Personal)

Worker Delegates are representatives working within the company, irrespective of their affiliation with a union or the company management.

Delegate Thresholds

• Up to 10 workers: No delegate.
• Between 6 and 10 workers: 1 delegate may be elected if the workers desire it.
• 11 to 49 workers: The number of delegates ranges from 1 to 3, depending on the workforce size.

Works Council (Comité de Empresa)

The Works Council represents workers in companies with 50 or more members. The number of members ranges between 5 and 75, depending on the size of the workforce, as governed by regulation. They elect a Chair and a Secretary, and their agreements are reached by majority vote.

Key Functions of Staff Representatives

• Receive

Election of the Audit Opinion: Audit Report

Definition and Standards to be Followed

The Audit Report on Annual Accounts is a commercial document that shows the extent of the work and the professional opinion of the auditor on them. In its preparation, the following technical standards must be met:

• First: It is presented according to Generally Accepted Accounting Principles (GAAP).
• Second: If they have been applied uniformly.
• Third: If the financial statements express, in all material respects, fairly the assets, liabilities, financial position and results, and the resources obtained and applied.
• Fourth: The auditor will express an opinion and the reasons that support it, if applicable, or the claim that they cannot express it and the causes that

Defendant's Attitudes Towards a Legal Claim

Options for Responding to a Claim

• No Answer (Default/Rebellion).
• Mere Appearance with a lawyer or solicitor.
• Answer (Formal Response):
  • Admission/Acceptance: Supports the claim, leading to the end of the process regarding that claim.
  • Opposition: Contesting the claim.
  • Counterclaim: Opposing the original claims and filing a counter-suit.

The Procedural Act of Answering

The Answer is a procedural act performed by the defendant, formally responding to the applicant's claim. It involves providing procedural documents concerning the substance of the dispute and determining the defendant's desired outcome.

Opposition to the Claim

Opposition involves the defendant challenging the plaintiff's demand. This can include:... Continue reading "Defendant Responses and Legal Default in Civil Procedure" »

1. Norm Ordination: Static Perspective

The Principle of Norm Hierarchy

According to Article 9.3 of the Constitution, which guarantees the principle of legality and the hierarchy of norms, this is reflected in Article 3.2 of the Statute, Article 85.1 (regarding collective agreements), and Article 3.4 of the Statute (concerning uses and customs).

Principle of Primacy (Article 95)

In Spain, the Constitution allows international treaties to be concluded only when they do not contradict the Constitution. Regarding domestic law, both the Constitution and international legislation hold superior hierarchy over internal regulations.

2. Norm Ordination: Dynamic Perspective

Non-Confrontational Concurrency

Complementarity and Minimum Standards

This refers to minimum... Continue reading "Spanish Legal Norms: Structure and Conflict Resolution" »

Test 9

Social and Political Concepts

1. The Social State of Law: The social state of law guarantees respect for the law and ensures the welfare of its citizens.
2. Early Human Social Forms: The first complex social forms were hunter-gatherer groups.
3. Emergence of States: The first states emerged around 6000 BC, based on concentrated power in a single ruler.
4. Early Democracy: The first model of democracy originated in Greece (5th century BC).
5. Representative Democracies: In representative democracies, citizens delegate their power to elected representatives.
6. Formal Democracy: "Formal democracy" refers to countries with a democratic structure, regardless of its effectiveness.
7. Origin of "Right" and "Left": The terms "right" and "left" in politics originated in