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

Responding to Aggression Against Women

Immediate actions in cases of aggression against women:

1. Detect and prevent violent situations before they occur.
2. Act immediately to protect the victim's physical integrity and privacy.
3. Welcome the victim with words that convey reassurance, security, and immediate assistance, allowing them to express their feelings.
4. Avoid actions or comments that discourage the victim from lodging a complaint.
5. Protect and preserve the scene for evidence collection.
6. Verify the existence of potential witnesses.
7. Quickly assess and report what happened, taking necessary immediate measures.
8. Persuade the victim on the desirability of being transferred to a medical facility for examination.
9. Inform the victim of the existence of police personnel

Bribery: Definition, Nature, and Types

1. Concept

Bribery can be defined as soliciting or receiving a benefit for oneself or a third party, gifts, presents, or offers made by an authority, public officer, juror, arbitrator, expert, or any other person involved in the exercise of public functions, with the aim of inducing a wrongful act in the exercise of their office. This act may or may not be a crime and may not even be legally prohibited.

2. Nature

There is discussion in legal doctrine about whether bribery is a bilateral crime or two separate offenses. In this sense, Luzón Cuesta states that although case law has sometimes considered it a crime of bilateral nature (STS 19 September 1986), requiring a pactum sceleris between the two persons... Continue reading "Bribery: Definition, Nature, and Types in Criminal Law" »

Life Insurance Taxation in Spain

When heirs receive compensation from a decedent's life insurance policy, this amount must be added to the tax base for Inheritance Tax purposes.

The taxable event occurs when beneficiaries perceive mortis causa amounts from a life insurance policy where the policyholder is someone other than the beneficiary.

• Vesting: Occurs upon the insured's death.
• Taxpayer: The beneficiary of the life insurance, if an individual (corporate entities would be subject to Corporate Income Tax).
• Tax Base: The amount received by the beneficiary, which is added to the rest of the hereditary portion.
• Base Reductions: Implemented reductions include those for common kinship and a 100% reduction (with an upper limit) if the beneficiary is

Industrial Property Law and Creations

Industrial creations are the result of human activity aimed at resolving a technical problem to meet the needs of the community. It is important not to confuse scientific invention and discovery. While the former must always solve a technical problem in such a way that meets human needs, the latter may be purely speculative, with no direct industrial application. The models and industrial designs, meanwhile, bring a new aesthetic to the object's configuration.

Types of Exclusive Rights

The exclusive rights over industrial creations are of two kinds:

1. Substantive background creations: These are inventions on the merits.
2. Form-based creations: These are of an ornamental nature, specifically models and industrial

Limits on the Employer's Power of Direction

The employer's power of direction is not absolute and is subject to various limitations:

• Derived from the Constitution: Fundamental rights such as dignity, privacy, and non-discrimination.
• Derived from Managerial Activity: Hierarchies and business orders.
• Derived from the Workers' Statute (TRLET): Specifically, the Jus Variandi.

Understanding Jus Variandi

The Jus Variandi is the employer's ability to unilaterally modify conditions agreed upon in the employment contract. This power is subject to specific conditions:

• Applicable to contracts longer than one year.
• The changes must not constitute a substantial modification of working conditions.
• Changes must be justified by technical, economic, organizational,

Article 19

Everyone has the right to freedom of opinion and expression. This entails the right not to be disturbed because of their views and to seek, receive, and impart information and ideas through any media, regardless of frontiers.

Article 20

1. Everyone is entitled to freedom of peaceful assembly and association.

2. No one can be compelled to belong to an association.

Article 21

1. Everyone is entitled to take part in the governance of their country, either directly or through freely chosen representatives.

2. Everyone has the right to access public service in their country equally.

3. The will of the people is the basis of the authority of government; this will shall be expressed in genuine elections, which must be held periodically, by universal... Continue reading "Human Rights: Universal Declaration Articles 19-30" »

Driver Education: The Path to Responsible Citizenship

Driver education is the set of knowledge, rules, and standards of behavior that apply on the road. It involves acting responsibly as a pedestrian, when using bicycles or cars, or when riding mopeds. The essential goal of road education is to achieve inclusive citizenship.

Essential Rules for Pedestrians

1. Always walk in pedestrian areas.
2. Do not walk near the curb or invade the roadway.
3. Do not carry loose animals.
4. Do not stop unnecessarily or play on sidewalks.
5. Pay attention to garage exits and entrances.
6. Be mindful of details and help those in need.

The Driving License Points System in Spain

The points system is a key initiative by the Interior Ministry to reduce the number of annual highway deaths... Continue reading "Road Safety, Discrimination, and Economic Impact in Spain" »

Understanding Key Employment Concepts

Worker Rights and Contract Essentials

Basic Worker Rights

Every worker is entitled to fundamental rights, including:

• Union membership and representation.
• Collective bargaining.
• Opportunities for promotion and training.
• Respect for personal privacy.
• Protection against offenses and discrimination.

Essential Employment Contract Elements

An employment contract should clearly specify the following:

• The identity of all parties involved.
• The start date of employment and its anticipated duration.
• The company's registered office.
• The weekly duration and distribution of working hours.
• The duration of holidays.
• The required notice period for contract termination.

Employment Terms and Definitions

The Trial Period Explained

The trial

Commercial Contracts Overview

Merchant Accounting

All merchants must maintain their accounts in Castilian, including the Book Journal, General Ledger, and Inventory.

Storage Contracts (Warrants)

A storage contract involves a depositor delivering goods to a storekeeper for safekeeping. The storekeeper must maintain records of received goods. This contract is finalized upon delivery of a deposit certificate or warrant.

Labor Contracts

Definitions:

• Employer: A person or entity utilizing the intellectual or material services of one or more individuals under an employment contract.
• Worker: An individual providing intellectual or material services under the dependence or subordination of an employer, through an employment contract.
• Independent Worker: An

Classification of State Forms

To properly distinguish the republican constitution from the democratic form, we must first note the following classifications. The forms of a State can be classified based on two criteria:

1. The difference in people who hold the supreme power of the state (Form of Sovereignty).
2. The manner of governing the people, regardless of who the ruler is (Form of Government).

Form of Sovereignty

The first classification method is actually called the Form of Sovereignty. There are only three possible ways sovereignty can be possessed:

• Autocracy: Sovereignty possesses one individual (the Prince).
• Aristocracy: Sovereignty possesses several interrelated individuals (the nobility).
• Democracy: Sovereignty possesses all civil society jointly