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

Customs: It is an agency of a national service provider whose activities are intended to achieve control over national territory regarding foreign goods, national or nationalism, made according to legal regulations.

Importance of Customs

Customs serves a dual purpose:

1. Commensurate resources to the Treasury (finance ministry).
2. Monitor and protect the existing relationship with the laws applying to foreign trade.

Customs Administration

This action aims to facilitate and control entry and exit in the national territory of goods, to international traffic and transportation, and to implement the legal regime to which any merchandise is subjected, as well as professional supervision of real estate interests and fiscal control.

Authorities

The organization... Continue reading "Understanding Customs: Roles, Functions, and Importance" »

Legal Discourse and Participation

What does each participant in a speech accepting the other as valid or partner? They want maximum benefit.

Legalism's Core Formulas

What are the four short formulas of legalism?

• Norm rather than value
• Subsumption instead of weighting
• Independence of the ordinary law rather than the ubiquity of the constitution
• Democratic legislature's autonomy within the framework of the constitution rather than judicial omnipotence

Contrasting Legalism

What would be four short contrarium sensu formulas to legalism?

• Value instead of standard
• Weighting instead of subsumption
• Omnipresence of the constitution instead of the independence of ordinary law
• Judicial omnipotence supported by the constitution rather than the autonomy of the democratic

What is a Bill of Exchange?

A bill of exchange is a commercial document wherein one person, the drawer, instructs another person, the drawee, to pay a specific sum of money on a particular date or at a concrete maturity. The bill of exchange can be drawn by the drawer for their own benefit or for a third party, known as the payee or beneficiary, to whom the drawer transfers or endorses the bill.

Types of Bills by Maturity Date

A bill of exchange can be classified based on its payment terms:

• Payable on Sight (At Sight): Payment is due upon presentation of the bill.
• Payable at a Fixed Date: The specific due date for payment is recorded on the bill.
• Payable at a Term from Date: Maturity occurs after a specified period from the date indicated on the

State Federal vs. Confederation

State Federal: A union of political entities that cannot be separated.

Confederation: The union of states that, according to the original text, cannot be separated.

Powers of Government

• Legislative Power: Makes laws.
• Executive Power: Ensures compliance with laws.
• Judicial Power: Judges if laws have been complied with.

The Spanish Constitution

The Spanish Constitution consists of:

• Preamble: An example of clarity and concision.
• Dogmatic Part: This is a declaration of principles, establishing duties and rights.
• Organic Part: This designs the structure of the state.

Types of Constitutional Documents

• Charter Granted: A document where a sovereign grants a series of rights to their people.
• Constitutional Revision: Involves making

Article 58: Property Transfer Registration

To register the transfer contract inter vivos, gift, or an estate that has not previously been registered, the Keeper will require evidence of having given notice of such transfer to the public through three advertisements in a newspaper. This notice must be placed in the department or the capital of the province (if there isn't a newspaper in that department). A sign must also be set for at least fifteen days in the office of the Conservative, with the designations of persons transferring the property, and the boundaries and name of the property, which is the subject of the contract.

The Conservative will certify compliance with the requirements indicated in the preceding paragraph at the foot of the... Continue reading "Real Estate Transfer and Registration Essentials" »

Tax Obligations and Responsibilities

Types of Obligations

a) Material Obligations: These are the primary obligations, such as making payments against the principal tax liability, including installment payments.

b) Procedural Obligations: These obligations require taxpayers to follow tax procedures, regardless of whether they are ultimately liable for a tax. For example, providing a CIF (Tax Identification Code).

Taxable Event Classes

a) Objective Elements: These are the factual situations that trigger a tax, such as the acquisition of assets.

b) Subjective Element: This is the connection between the objective element and the person who is required to pay the tax, such as owning a property.

c) Territorial Elements: This specifies where the taxable... Continue reading "Tax Obligations, Events, and Liability: A Detailed Analysis" »

Standing to Negotiate

• Enterprise Level or Lower Collective Agreements:
  • The works council or staff representatives
  • Union representatives seeking to represent the majority in the committee
  • Employers or their representatives
• Sectoral Collective Agreements:
  • The most representative trade unions at the state or autonomous community level
  • Trade unions with a minimum of 10% of members on the committee
  • Associations that have at least 10% of employers in the field of the agreement and represent at least 10% of workers in this field

Initiation of Negotiations

The party initiating negotiations must advise the other party in writing, stating the legitimacy of the initiator, the areas of agreement, and the parties involved in the negotiation. A copy must also be sent... Continue reading "Collective Bargaining: Negotiation and Validity Essentials" »

Reduced Citizen Participation and Increased Mayoral Power

Citizen participation was reduced to only the property owner being able to take part. More than 30,000 people were appointed by the mayor of the town and the province, and local government budgets were approved.

Measures to Reduce Freedom of the Press

These are the measures taken to reduce the freedom of the press:

• Prior censorship for written materials was established in the year 2000.
• The Church was granted the power of censoring books.
• The 1879 law established the reinstatement of the printing system to attack the political and social system or to question it.

Caciquismo and Electoral Corruption

Caciquismo refers to electoral corruption. This alternative formula provided the parties with... Continue reading "Caciquismo in Spain: 19th and 20th Century Electoral Corruption" »

Administrative vs. Legal Acts: Key Differences

Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.

Elements of an Administrative Act

1. Unilateral expression of will
2. Issued by an administrative body
3. Enacted in the exercise of its administrative function
4. Intended to produce legal effects

What Makes an Act Solemn?

For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.

Principles Governing the Issuance of an Administrative Act

• Attribution rules and competition
• Procedure
• Reasons
• Purpose (Fin)
• Interdiction of arbitrariness
• Respect for the essential rights emanating

Declaration on the Right to Development

Adopted by General Assembly Resolution 41/128 of 4 December 1986

The General Assembly,

Reaffirming the purposes and principles of the Charter of the United Nations regarding the conduct of international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion,

Recognizing that development is a comprehensive economic, social, cultural, and political process, which strives for constant improvement of the welfare of all the population and all individuals on the basis of their active, free, and meaningful participation... Continue reading "UN Declaration on the Right to Development 1986" »