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

Sources of Law in Spain

Under Spanish law, Article 1 of the Civil Code outlines the sources of law in the following order:

• Law
• Custom
• General Principles of Law

If a case lacks an applicable law, custom shall apply. If there is no custom, the general principles of law (derecho) apply. Law is produced by bodies with legislative power.

Ordinary Laws

Ordinary laws originate from Parliament and are approved by a simple majority in both the Congress and the Senate. A simple majority is achieved with half plus one of the representatives' votes. These laws may be approved by both Congress and the Senate or the legislative standing committees, provided the ability to approve has been delegated.

Organic Laws

Organic Laws are adopted through a special procedure... Continue reading "Understanding Spanish Law: Sources, Application, and Government Rules" »

The Bill of Rights: Protecting Individual Freedoms

After the leaders of the new United States wrote the Constitution, they had to get the thirteen states to agree to it. Some of the states did not want to agree unless they could add some specific rights for individual people. So, in 1791, the United States added ten new rights to the Constitution. These are called the Bill of Rights. Here are the ten rights included in the Bill of Rights:

The Ten Amendments Explained

1. First Amendment: Freedoms of Expression

   Congress cannot make any law about your religion, or stop you from practicing your religion, or keep you from saying whatever you want, or publishing whatever you want (like in a newspaper or a book). And Congress cannot stop you from meeting

Private Law

1. Civil Law

Civil law is the set of legal principles and rules governing the general requirements of legal acts, the organization of family, and private property. It serves as the general common law.

Civil Law Content

• Regulates individuals, their definitions, classes, skills, and attributes.
• Governs legal acts and obligations.
• Contains the organization of marriage and family.
• Regulates property rights, including definitions, types, methods of acquiring ownership or control, and limitations.

Characteristics of Civil Law

• National Private Law: Governs relations between individuals within the territory of a state.
• General Private Law: Governs all private relationships, regardless of status, sex, profession, or nationality.

Sources of Civil Law

• Constitution

Institutions of the European Union

The European Union is governed by several key institutions:

• European Council: The supreme political body comprising heads of state or government of member countries and the President of the Commission. The presidency rotates every six months.
• Council of the European Union: Represents member states, consisting of one minister from each country. It holds legislative and budgetary powers, with a rotating six-month presidency.
• European Commission: Represents the interests of the EU. Composed of a president and one commissioner per member state, it proposes legislation and manages the budget and European programs.
• European Parliament: Represents EU citizens. It consists of 785 members elected by universal suffrage every

The International Brigades

The International Brigades were international volunteer corps that participated in the Spanish Civil War on the Republican side. Summoned to the struggle by the Comintern following a proposal by the French Communist Party, their mission was to help the Republic with volunteers from all countries—including communist and anti-fascist fighters—struggling for the sake of freedom. They were concentrated in Albacete, where they were uniformed and provided with minimal military training.

The Concordat and the Holy See

A Concordat is an international public law treaty between a State and the Holy See. Representatives of the Pope and the State may enter into agreements on ecclesiastical matters (such as the financing of education,... Continue reading "Spanish History: Key Political and Military Terms" »

Administrative Penalty Defined

What is meant by an administrative penalty? The Constitution's guarantees that apply in criminal cases are also applicable to administrative penalties, since the latter form part of the state's punitive powers. This applicability is justified by the need to guarantee citizens' fundamental rights and to prevent intolerable inequality between them. The administrative penalty is composed of the following elements:

• Imposed directly by an administrative agency;
• Is a punitive measure;
• Must be provided for by law;
• Applies to a person who has performed an illegal act, i.e., a behavior contrary to the law;
• In its application, due process must have been observed and the person must have been allowed to defend themselves.

Principle

Direct and Semi-Direct Democracy Systems

A direct democracy is one in which all inhabitants of a country constantly intervene in decision-making. This is generally not feasible in large modern states. Today, it is only possible with limitations, typically applied in small towns (e.g., the open council system).

Mechanisms of Semi-Direct Democracy

Since it is impossible to consistently gather all citizens to decide on public affairs, the semi-direct democracy scheme utilizes specific mechanisms:

• Popular Legislative Initiative

  This is the possibility for citizens to bring a proposal directly to Parliament to create, amend, or repeal a law. This system usually has two conditions:

  1. Requirement of a high number of signatories for the proposal.
  2. Exemption

European Union: Internal Organization

There are four institutions that stand out within its organization:

Key EU Institutions

• The European Parliament is a representative body of the peoples of the Member States, who elect its members by direct and secret universal suffrage since 1979. The European Parliament does not currently exercise the full legislative function. Its traditional missions include deliberation, political control over the Commission, and approving the Community's budget.
• The Council is composed of representatives from the governments of the Member States. It is the intergovernmental body with ultimate decision-making power, including legislative functions. This body provides political impetus for the European Union, resolving major

Three Fundamental Models of Policing

There are basically three core models of policing:

1. The Traditional Policing Model

This model is intimately linked to power, viewing the concept of public order as its main (almost unique) function. It is primarily concerned with maintaining order through law and reacts strongly to situations that pose a danger to the political regime.

• High Discretion: Officers possess a high level of discretion.
• Inhibition on Profit Crimes: Police may be inhibited regarding the commission of crimes looking for profit (often involving an offender-confidant relationship).
• Arrest Rationale: Arrests are made for multiple reasons, not necessarily to prosecute a crime (e.g., to punish a person or to gather information).

2. The Professional

Liberalism and Socialism

Liberalism's Foundations

Liberalism emerged in the XVIII century in England, arguing that the fundamental right of the individual is freedom. Its main objectives are to reduce, limit, and control the power of the State.

John Locke established that the individual possesses three basic inalienable rights: the right to life, the right to liberty, and property rights. These rights precede society, and the State's role is to protegerlos (protect them). The role of government is strictly to protect citizens' rights. The State has no standing to intervene in any other way in public life. It is necessary to control government action to prevent it from using its power to assume functions that have not been assigned.

Rule of Law