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

Mitigating Circumstances in Criminal Law

1. Reasons expressed in the previous chapter, when the defendant does not meet all requirements to be exempt from responsibility.

2. The offender acted under the influence of a serious addiction to the substances mentioned in Article 20.

3. Actions driven by powerful stimuli, such as intense passion, temporary blindness, or other states of similar intensity.

4. The offender confessed the offense to authorities before becoming aware that legal proceedings had been initiated.

5. The offender repaired the damage caused to the victim, or lessened its effects, at any time prior to the trial.

6. Extraordinary and undue delay in legal proceedings not attributable to the accused and disproportionate to the case complexity.

7. Any other

Adoption of Treaty Text

The adoption of a treaty text involves setting the text, with states indicating that the text reflects their intent. For multilateral treaties, the text is voted upon and approved, which constitutes the authentication of the treaty. At this stage, a state is not yet obligated but cannot act to deprive the treaty of its effectiveness.

Signature of Treaties

Signature marks the close of the negotiation stage. Generally, signature itself does not create an immediate obligation for a state to be bound by the treaty. However, a distinction must be made:

• Solemn Agreements: These require subsequent ratification for the treaty to become legally binding on the state.
• Agreements in Simplified Form: For these, signature serves two functions:

Understanding Installment Sales Contracts

An installment sale contract is an agreement where one party delivers movable property to another, and the recipient is obligated to pay a specified price, either in full or in installments, over a period exceeding three months from the contract's completion. This arrangement must be clearly defined to avoid ambiguity.

Perfection: A contract is considered 'perfected' when it meets all general contractual requirements and the property is delivered to the buyer.

Scope of Implementation

The following are excluded from the scope of installment sales:

• Sales for resale purposes
• Occasional sales for profit
• Sales or chattel mortgages secured by non-possessory pledges on assets
• Installment sales contracts with a value

Understanding the Evolution of Public Law

The Principle of Legality (Top Juridica)

• Originates from the Constitution of 1833 (Art. 160).
• It is the basis of the Chilean government.
• Currently enshrined in Article 7 of the Constitution (CPR).

This principle establishes requirements for acts of public bodies. Public bodies must behave differently than private entities; their actions are more limited. Public bodies can only act if the law permits it.

The principle "under the Constitution or laws" means public bodies can only do what the Constitution or laws permit.

Differences between Public and Private Law:

• Private Law: You can do everything that is not prohibited.
• Public Law: You can do only what is permitted.

State Responsibility and Judicial Review

Individuals... Continue reading "Key Concepts in Public Law Evolution" »

Content of Calls

The calls, along with their bases, are published in the Official Gazette and shall contain at least:

• The number of places offered.
• Center to which applications should be addressed.
• Requirements to be met by applicants.
• Selective tests that have to be held, and if applicable, list of merits to be taken into account.
• Description of the selection board.
• Qualification.
• Program to govern the tests.
• Calendar of evidence.
• Order of performance of candidates, according to a prior draw.

Submission of Applications

Applications to participate in the proceedings should occur within a period of up to 20 calendar days from the day after the publication of the call in the BOE. To be admitted, and where appropriate, take part in the selection tests, simply... Continue reading "Civil Service Access and Career in Spain and EU" »

Article 351. Measures in Case of Divorce, Separation, or Nullity of Marriage. If filed for divorce, separation, or annulment of marriage, the judge of the Trial Chamber should issue provisional measures to be applied until the end of the corresponding trial, regarding custody, visitation, and food obligations of the parents towards their children who are under the age of eighteen and those over this age who are disabled, either totally and permanently, due to physical or severe psychiatric disturbances. In all appropriate cases, the judge must take into account what has been agreed upon by the parties.

Paragraph One: When the divorce is requested under the grounds provided for in Article 185-A of the Civil Code, spouses must indicate which of... Continue reading "Understanding Parental Rights and Divorce Measures" »

Common Law

Common law began to be applied in medieval England and expanded throughout the British Empire and its areas of influence. It has traditionally been based more on jurisprudence than on statutory law. Countries with common law systems include England, Wales, Ireland, India, and Australia. This system relies on the analysis of judicial decisions in lower and superior courts. Judicial interpretations can even create new legal figures. However, this has evolved over time, and now statutory law plays a more significant role than jurisprudence.

Ratio Decidendi: The essential reason that resolves a sentence determines the rest of the statements. In short, common law is based on case law. While common law has tended towards codification, it... Continue reading "Common Law vs. Continental Law: Understanding Legal Systems" »

Elements of Labor Law

The Employment Relationship

The employment relationship between employers and employees arises as a result of the employment contract.

Defining the Employer

In employment law, the employer is the natural person or legal entity that receives paid services from workers who depend on it.

The TRLET (Workers' Statute) expands this definition to include any person, entity, or community property receiving paid services from those who voluntarily work on their own and within the scope of the latter's organization. This definition:

• Extends to real communities (e.g., a community of owners hiring a janitor; the community is the employer, not each neighbor).
• Requires workers to act within the scope of the employer's organization (orders

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative,... Continue reading "Parental Rights: Jurisdiction, Guardianship & Child Custody in Argentina" »

1.5. Thesis of Constitutional Supremacy

The principle of constitutional supremacy is enshrined in Article 6 of the CPR. As a foundational pillar of institutional values and principles, the interpreter must prioritize this principle, always preferring the interpretation that best reconciles it with any other legal norm.

In accordance with the jurisprudence of the Constitutional Court, the analysis prior to the ratification of a treaty must:

• Favor the substance of the matters governed by both international and internal standards.
• Review whether any contradiction exists.

If such a contradiction exists, it must be resolved through legislative approval in accordance with the legal quorum established by the Constitution, giving preference to the interpretation