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

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

The Invalidity of Administrative Acts

A) The Theory of Invalidity in Administrative Law

When an act is null and void (absolute invalidity), it possesses inherent, immediate, ipso jure, and general inefficiency, along with an inability to be confirmed by the person concerned. This inefficiency means the act is deemed invalid from the moment it was issued (ex tunc), ipso jure, and without the need for judicial intervention, although an appeal may sometimes be necessary for a judge to formally declare the nullity.

The inefficiency has general effects, meaning anyone can initiate a procedure to annul the act, not just the directly affected party. This inefficiency does not expire or prescribe; a process to cancel the act can be initiated at any time.... Continue reading "Invalidity of Administrative Acts in Public Law" »

Applicable Legislation for Incompatibility Cases

The proper development of this case requires, first, determining the applicable law. The primary legislation is the Law 53/1984 of 26 December on personal incompatibilities in the service of public administrations. Autonomous legislation on incompatibilities that may exist would also apply. However, it should be noted that in this case, both rules (state and regional) are almost identical.

Compatibility of Activities Carried Out by Mr. Domenech

The analysis of whether the activities carried out by Mr. Rafael Domenech are supported by law requires distinguishing between two scenarios:

1. The company, Comprehensive Housing Counseling Service, is publicly owned.
2. The company, Consulting Comprehensive Public

The Courts of Cádiz and the Dawn of Liberalism (1808-1814)

In September 1808, the Courts of Cádiz established a central supreme board chaired by Floridablanca. This board later transferred its authority to a Council of Regency. Society became divided into liberals and absolutists. The Constitution of 1812 was approved, establishing the principles of a liberal regime:

• Indirect universal suffrage
• Equality of citizens before the law
• Abolition of traditional councils
• Removal of customs barriers

The Reign of Fernando VII: Absolutism and Liberalism (1814-1833)

After the liberal period, Fernando VII returned, ushering in six years of absolutist rule. This was followed by the Liberal Triennium (1820-1823) and then the repressive Ominous Decade (1823-1833)... Continue reading "Spain's 19th Century: From Absolutism to Republic and Restoration" »

The Evolution of Work

• Ancient Era: Slaves (until the 5th Century AD)
• Medieval Age: Servants
• Late Middle Ages: Guilds
  • Master
  • Journeyman (unofficial)
  • Apprentice (learner)

The Industrial Revolution: From Exploitation to Rights

The Industrial Revolution brought significant changes, eventually leading to modern labor protections:

• Child Labor

  Early Era: Children as young as 5 years old, often beaten to stay awake.
  Modern Standard: Prohibited under 18 (or 16); under 16 requires labor inspector permission.

• Working Hours

  Early Era: 12 to 19 hours per day.
  Modern Standard: Typically 8 hours per day.

• Compensation

  Early Era: Poor salary, barely enough for subsistence.
  Modern Standard: Minimum wage established (e.g., 700 €).

• Time Off

  Holidays: None vs. 30 days a year.

  Weekly

Foundational Concepts of Family and Marriage Law

Family

The group formed by the union between a man and a woman, or the community formed by either parent and their descendants.

Family Functions

The primary roles fulfilled by the family unit include:

• Procreative function
• Educational function
• Emotional function
• Economic function

Marriage and Conjugal Bonds

Marriage

The union of a man and a woman, established in accordance with the law, in order to fully share their lives.

Betrothed People

Individuals who are preparing to marry.

Proclamations (Marriage Banns)

A social warning or public announcement reporting the impending marriage.

Concubinage

The stable and prolonged union between a man and a woman without formal marriage.

Duties of Marriage

The primary duties... Continue reading "Essential Legal Terms for Family Structure and Domestic Relations" »

Understanding Circumstantial Evidence in Trials

In criminal trials, it is not uncommon for there to be no direct evidence of a defendant's participation in a particular offense. In such instances, indirect or circumstantial evidence becomes crucial. This type of evidence aims to convince the court of the truth or certainty of facts that are not direct elements of the offense being tried. However, from these facts, the reality of the crime or the defendant's involvement can be deduced based on logic and experience. Often, this trial evidence leads to a legal presumption.

Key Requirements for Valid Circumstantial Evidence

For circumstantial evidence to be considered valid and effectively used, several conditions must be met:

• Multiple and Varied Indications:

International Standards in Domestic Law

This section examines the theoretical approaches to integrating international standards into a nation's legal system and details the specific framework within Spanish law.

Theoretical Approaches to Treaty Integration

• Dualistic Systems (e.g., Great Britain): Require internal approval. The treaty's scope is determined by the domestic law that incorporates it. In these systems, a later treaty can repeal a previous law, and a law enacted after an earlier treaty can also repeal it.
• Principle of Competition: Certain matters governed by international treaties would fall outside the scope of domestic rules. This acts as a reserve, preventing potential incompatibilities.
• Hierarchy of Norms: Establishes a clear hierarchy,

Anarchism in Spain: From Direct Action to Anarcho-Syndicalism

The international section of Spanish anarchism, stemming from the Bakunin trend, changed its name to the Federation of Workers in the Spanish Region (FTRE). This adaptation was necessary due to new laws banning international organizations operating from abroad.

During the 1893–1897 period, Spain witnessed outstanding acts of social violence, including:

• Attacks against key figures in political life.
• Bombs at the Liceo de Barcelona (Bcn), a representative body of bourgeois society.
• Attacks against the procession of Corpus Christi, a symbol of popular ecclesiastical worship.

Anarchism was accused of being behind the "Black Hand," murders attributed to its members, and the burning of crops... Continue reading "Spanish Labor Movement History: Anarchism vs. Socialism (1879–1910)" »