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

Human Rights History

Though some background on the first texts (Bills of Rights) exists, such as the 1689 English Bill of Rights, which lists several human rights, it is in the eighteenth century that precedents of human rights declarations appear:

1. Virginia Declaration of Rights (USA, 1776)

   Arising in the context of the War of Independence against England, it covers the rights of citizens, although it excluded slaves and foreigners. This declaration served as a draft for the U.S. Declaration of Independence (1776).

2. Declaration of the Rights of Man and Citizen (France, 1789)

   Adopted by the National Constituent Assembly, it recognizes equal rights for all human beings, representing a significant advance compared to the Virginia Declaration. It is

Understanding Social Disparities

Gaps: Absence of Resources

Gaps refer to the absence of capacities or resources generally considered necessary to fully develop a person's human potential.

Peculiarities: Distinguishing Characteristics

Peculiarities are the characteristics of certain individuals or groups who are perceived by the rest of society as distinct.

Indifference: Lack of Compassion

Indifference is the attitude of a lack of interest and compassion that leads us to worry more about the situation and problems of others.

Xenophobia: Fear of Strangers

Xenophobia, from the Greek, signifies the fear of the stranger or foreigner. It applies to attitudes and hate towards foreign people.

Attitudes: Positive or Negative Dispositions

Attitudes are positive... Continue reading "Understanding Social Gaps, Discrimination, and Equality" »

Typical Behavior: Disclosing Secrets

This involves revealing the secrets of another person, such as a patient, their relatives, or friends, even after the professional relationship has ended, or the person is deceased.

Privacy Law and Constitutional Rights

Constitution

The right to honor, personal and family privacy, and image.

General Health Law

The confidentiality of all information related to health.

Basic Law Regulating Patient Autonomy

Right to privacy: Everyone has the right to respect the confidential health data. No one can access information without proper authorization.

Information Requirements and Patient Care

Verbal care incorporates the risks and consequences of each intervention. Information must be truthful, understandable, and suitable... Continue reading "Patient Confidentiality and Healthcare Data: Legal Framework" »

Liability of Public Officials

1. Prerequisites for the Position

A preventive control mechanism for rotating administration officials and judges was the selection of who should administer justice.

These people were chosen from the noble and rich, with experience in times of war and conquest, of good character, raised in the Calmecac, prudent and wise, and also the servants at the palace.

A good senator is a righteous judge who hears both sides, weighs the cause of each, gives to each what belongs, and does justice always right. They are not swayed by people and do justice without passion. Thus, we can see that codes of ethics were very real.

2. Remuneration

The king remunerated judges with certain amounts of cash and food, and the right to certain... Continue reading "Accountability of Public Officials in Ancient Mexico" »

Key Definitions in Democracy

• Democracy: A political system where state power originates from the people, who often wield that power through their representatives. The word democracy comes from the Greek Demokratia, meaning "people power".
• Sovereignty: The highest political power of the state, to which all other powers are subordinated.
• Government: The leading agency of political power in democracies. According to the division of powers, it assumes executive power.
• People's Will: The collective political will of citizens expressed together.

Majority Rule in Democracy

Democracy involves the political power of the people, expressing their collective will through voting. The options chosen by the majority in these votes must, in principle, be accepted... Continue reading "Core Concepts and Rules of Democratic Systems" »

First Practice

First Course

Section 1

I would suggest three principles that provide a special relevance, but there is one thing to note about them.

The provisions in which the company has reached its highest level of general interest are:

• Article 128.1: Himself says article. All this in a market economy. This article, however, is tempered by another article which sets limits, and this article is 33.3.
• Article 129.2: The enterprise.

Second Course

Paragraph 1

It must be a normative use since they supply the absence of law. As a condition of use policy, it must also be legitimate.

Furthermore, it should be obvious (which is recognized by all stakeholders in this area).

If it were not obvious, proof would be required.

Paragraph 2

In accordance with Article

Individual Employer (Sole Proprietorship)

Input

No specific input required as there is no legal separation between business and personal assets.

Responsibility / Liability

Personal and unlimited liability for the owner.

Representation

The owner represents the business. Attorneys or agents can be appointed.

Minimum Capital

No minimum capital required. There is no distinction between business assets and personal assets.

Observations

For married individuals, liability for business debts may depend on the applicable marital property regime.

Civil Society

Partners

Minimum of 2 partners.

Contributions

Contributions can include work (job), money, assets, or rights.

Responsibility / Liability

Personal, unlimited, and joint liability for all partners.

Management (Government)

Tacit Clauses in Employment Contracts

When parties contract repeatedly over time, establishing and complying with obligations not explicitly reflected in the written agreement, or when situations arise that were not originally contemplated, we encounter what is known as a tacit clause. The repetition of actions demonstrates the parties' mutual intention and establishes the content of their relationship regarding matters not expressly agreed upon. Thus, through tacit agreement, the employment contract is supplemented in aspects not originally specified.

Essential Employment Contract Clauses

An employment contract should typically include the following clauses:

1. Date and Place of Contract

   The place is important as it usually indicates where services

Administrative Appeal

Replacement may be appealed in the following resolutions:

• Measures of management and inconclusive decrees issued by the Clerk, except in cases where the law provides for direct appeal review.
• Autos orders and non-definitive replacements may be brought before the same court that issued the original decision.

This is a non-returnable resource: the same body (or Court Clerk) that issued the contested decision will review it.

Features:

• The filing of an administrative appeal does not prevent the agreement in the contested decision from taking effect. If the action is estimated, it will quash the decision and be made ​​according to it.
• The application for reconsideration is resolved by Order of the Court or by decree of the clerk.

Unconstitutionality Challenges

When a court considers that a regulation having the force of law may be contrary to the Constitution, the issue of unconstitutionality is raised before the Constitutional Court.

Characters

1. Any type of process, any field.
2. Decidendi must be standard, whose validity depends on the fault.
3. The question arises whenever the judge acts on their own initiative or at the encouragement of the parties.
4. This produces cessation of the main process.
5. There is no suspension of the law (except when the government challenges a standard issued by the Autonomous Community before the Constitutional Court).
6. Fuzzy control nuances: through the issue, the judge can reach the declaration of unconstitutionality.

Procedure

1. Admissible admission.
2. Transfer