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

Types of Coverage

Basic Health Care Coverage.

• Hospital insurance: Pays for the cost of room and board and other medical expenses while you are in the hospital
• Surgical insurance: Covers the fees associated with the operating surgeon and anesthesiologist
• Medical insurance: Provides payments for general nonsurgical physician care at the office or hospital

Major Medical Coverage. This type of insurance provides protection after limits on basic health care coverage have been exceeded. Most policies have a coinsurance clause with:

• 80% of the covered expenses paid by the insurer
• 20% of the covered expenses paid by the insured

Long-Term Care Coverage. If you are unable to take care of yourself:

• Nursing or rehabilitative care at home
• Stay in a skilled nursing

What is an electoral process?

Acts ordered by the Constitution and the law itself, made by the electoral authorities, the national political parties and citizens, which aims the periodic renewal of the members of the Legislative and Executive branches of government.

What is a political party?

Can be considered as any permanent association of people who share the same ideology and seeks to participate in political power or wants to conquer it.

What is the electoral roll?

The electoral roll contains the names of the citizens who made an individual application to the INE, and that fulfill the constitutional and legal requirements, to get a voters card.

How often are deputies, senator and president chosen?

Deputies must be renewed every three years and... Continue reading "Understanding the Electoral Process and Political Parties in Mexico" »

What is Jurisdiction in EU Law?

Jurisdiction is a set of rules that provides which court is going to deal with a certain case. We have a separate set of rules under the sovereign legal order of every state, and then we have a unified set of rules presented under the EU law framework. The Brussels I Regulation is the cornerstone of European jurisdiction regulation.

When dealing with jurisdiction, we are dealing with who is going to make decisions—specifically, which court of a particular Member State will hear and observe that particular legal case with a foreign element.

The Importance of Determining Jurisdiction

Why is jurisdiction important? Because if you file a case or apply for a case to be heard under a certain court, and that court has... Continue reading "Brussels I Regulation and EU Court Jurisdiction" »

Landmark Religious Freedom Cases

School Prayer Cases and the Lemon Test

• Engel v. Vitale (1962)

  • Mere promotion of a religion is sufficient to establish a violation, even if that promotion is not coercive.
  • School prayer is a religious activity by its very nature.

• Abington School District v. Schempp / Murray v. Curlett

  • Declared school-sponsored Bible reading in public schools in the United States to be unconstitutional.
  • Must be neutral (basis for prong 2 of Lemon Test).

Church of Lukumi Babalu Aye v. City of Hialeah

• The court struck down the city ordinance.
• The ordinance made it a crime to kill, torture, or mutilate an animal in a public or private ritual or ceremony not for the primary purpose of food consumption.
• “The laws in question were enacted by

United Nations

Key Principles

Members should:

• Respect the sovereign equality of member states
• Refrain from the threat or use of force against the territorial integrity or political independence of any state
• Settle international disputes by peaceful means
• Support enforcement actions
• Fulfill in good faith all obligations assumed under the Charter

Key UN Charter Provisions

• Chapter I: Purposes and Principles (Art. 2(3), Art. 2(4), Art. 2(7))
• Chapter VI: Pacific Settlement of Disputes (Art. 33(1))
• Chapter VII: Action with Respect to Threats to the Peace, Breaches of the Peace, Acts of Aggression (Art. 39, Art. 41, Art. 42, Art. 51)
• Chapter VIII: Regional Arrangements (Art. 52, Art. 53)

6 Principle Bodies

Security Council

Primary responsibility for the maintenance... Continue reading "United Nations: Structure, Principles, and Key Provisions" »

Termination of the Employment Contract

1. Termination by Performance

A) Expiration of the Agreed Time

This applies to fixed-term contracts. In such cases, the worker is entitled to receive an amount equivalent to 12 days of salary per year of service (excluding replacement and training contracts).

B) Completion of the Work or Service

Termination occurs when the conditions subsequent are validly recorded in the contract, unless they constitute an abuse of law by the employer.

2. Termination by Death, Retirement, or Permanent Disability

A) Death, Permanent Disability, and Retirement of the Employee

• Background: the personal nature of the work performed.
• After the employee's death, their heirs do not generate any kind of compensation (unless otherwise provided

I. Legis Actiones

This archaic procedure allowed for self-help and private revenge while also incorporating a rigid, formal ritual. It consisted of two phases:

A. In Iure (Before the Magistrate)

This phase was steeped in formalism. The process began with a summons, a form of moral intimidation compelling the defendant to appear. Both parties would agree to return on another day for litigation. The legis actiones included:

1. Actio Sacramenti (Action by Oath): A general procedure used for concrete claims where the law did not provide a specific action. It could be in rem (to protect property rights) or in personam (to protect debt claims).
2. Actio per Iudicis Postulationem (Action at the Request of the Judge): Used to claim debts arising from stipulatio

The fixed periodic contract is considered a part-time contract for an indefinite term, formalized to perform fixed and periodic tasks within the ordinary volume of the company’s activity. The object of this contract relates to different tasks performed on certain dates, specifically during a specific period of the year, on a cyclical basis. In this respect, the start and end of each season are precise dates known by both parties, so employees do not need to be called to work by the employer.

The fixed-discontinuous contract is an indefinite-term agreement formalized to perform jobs of an intermittent nature that do not repeat on certain dates within the ordinary volume of the company’s activity. The start and end of each season are not exact... Continue reading "Fixed vs. Fixed-Discontinuous Contracts: Key Differences" »

1. Basic Purposes of Customs

• Inspection of goods: Ensuring compliance with regulations.
• Collection of customs duties: Managing fiscal revenue.
• Statistical control: Registration and monitoring of trade operations.

2. The Customs Area

A customs area is a designated space for the storage of commercial goods that have not yet cleared customs. It is enclosed by customs borders.

Differences Between Customs and Customs Areas

These are physical spaces where goods intended for export, import, or transit are presented to undergo the relevant customs procedures. Once located in these areas, goods are under customs control. Authorization of these areas is the responsibility of customs authorities. Examples include seaports, airports, and customs warehouses.

3.

Collective Agreement Timeframes and Termination

Temporal Scope: Parties have the freedom to define the agreement's timeframe, including the start date and duration. They can set different validity periods for specific subjects or groups within the agreement and even apply retroactive effects. Two key aspects must be considered:

1. Effective Implementation of the Agreed Time

   When the set deadline arrives, two scenarios can occur:

   • No Express Allegation

     If the parties agree to maintain the agreement beyond the original period, it extends from year to year.

   • Report of Termination

     If the parties want to end the agreement and negotiate a new one, the following applies until a new agreement is reached:

     • Obligational clauses become outdated and can be used to negotiate