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

The Role of Constituent Power

The presence of a crucial historicist element prevents the American doctrine, established by the constituent power, from imprinting Jacobin political voluntarism. The people exercise constitutional power not only to claim the direct exercise of political sovereignty and make fundamental decisions about the character of the Constitution, but also to secure a stable content of constitutional provisions, thereby opposing the possible arbitrariness of both legislative and constituent power.

Natural Law and Historicism's Influence

Natural law and historicism are not opposed; rather, they bind together, directing the exercise of constituent power toward its perennial goal: to limit and circumscribe the authority of the... Continue reading "Founding Principles of American Constitutionalism" »

Spanish Non-Resident Income Tax (IRNR)

Applicable Regulations

• Royal Decree 5/2004 of March 5, approving the Revised Law on Income Tax for Non-Residents.
• Royal Decree 1776/2004 of July 30, which approves the Regulations of the Income Tax for Non-Residents.

Defining Tax Residency

Resident Individuals

Those who reside in Spanish territory for more than 183 days (six months). Also considered resident in Spain are individuals who have their seat of economic activity here. Therefore, they will be taxed under Personal Income Tax (IRPF).

Resident Legal Entities

Article 8 of the TRLIS states three assumptions for a legal entity to be considered resident:

1. Incorporated under Spanish law.
2. Having their registered office in Spanish territory.
3. Having their place of

Human Rights (DH)

DH: Freedoms and basic rights that every person has by the mere fact of being human and having dignity.

Characteristics

• Inherent
• Individual
• Universal
• Irrevocable
• Inalienable
• Inviolable
• Preferential in certain contexts

Iusnaturalism and Legal Positivism

Iusnaturalism: Human rights are a consequence of the nature of the person.

Legal positivism: Rights are granted by the lawafter careful consideration of what is best for peaceful coexistence.

Welfare State

Welfare state: Recognition of economic, social, and cultural rights in fundamental law.

Death Penalty and Abortion

Death penalty: Execution of a convicted person by the state as punishment for an offense specified in the legislation.

Abortion: An attempt on the life of the unborn.

Attacks on

Provinces, Provincial Government, and Administrative Bodies

The province circumscribes the election of senators by the courts and general deputies.

• Territory: The province is composed of a set of municipalities.
• Spanish Territory: Divided into 50 provinces.
• Provincial Government: Administration is the responsibility of the provincial councils.
• House of Deputation: Responsibilities include:
  • Electing and dismissing the president.
  • Monitoring and supervising provincial government bodies.
  • Approving organic regulations.

Definition of Vegueria

A specific territorial area for inter-governance.

Definition of the City Council

The municipal branch is composed of councilors and chaired by the mayor.

The European Flag and Its Symbolism

The flag represents solidarity... Continue reading "Spanish Administrative Law and EU Governance Essentials" »

Defining Features of the Historical Common Law (Ius Commune)

The historical Common Law, often referred to as the Ius Commune in Continental Europe, possessed several defining characteristics:

1. Law Developed by Jurists: It is a law primarily developed by legal scholars and practitioners. The State was often separate from the initial legal establishment.
2. Academic Origin: The law was largely created and refined within universities.
3. Creation of Legal Works: The manifestation of this law involved the creation of extensive legal works and commentaries.
4. Claim to Universal Validity: This law claimed universal validity, seeking application beyond specific local jurisdictions.
5. Sources of Law: The law drew heavily upon the content of Roman Law (especially the

New Scheme for Self-Employed Workers (Autonomous Workers)

A self-employed worker (autonomous worker) is defined as one who performs work independently and undertakes productive activity for themselves. From a labor standpoint, this person operates outside a traditional employment system but is covered by a special Social Security scheme that provides coverage and benefits comparable to those of employed workers.

Key Regulations and State Intervention

The scheme regulates the following aspects:

1. Within the state interventionist tendency, it establishes the public representation of the self-employed through The National Council of Self-Employed.
2. It establishes a distinction between two primary types of self-employed workers.

Distinguishing Types of

Introduction to the 2011 NBA Lockout

The 2011 NBA lockout was the fourth lockout in the history of the National Basketball Association (NBA). The owners began the work stoppage upon expiration of the 2005 collective bargaining agreement. The 161-day lockout began on July 1, 2011, and ended on December 8, 2011. It delayed the start of the 2011–12 regular season from November 1 to December 25, and it reduced the regular season from 82 to 66 games.

During the lockout, teams could not trade, sign, or contact players, and players could not access NBA team facilities, trainers, or staff. Some players signed contracts to play in other countries, mostly in Europe and Asia, with most of those players having the option to return to the NBA upon the lockout'... Continue reading "2011 NBA Lockout: History and Impact" »

Understanding Political Power and State Authority

Authority

Authority is the delegated responsibility given to individuals holding office, often for the purpose of training and enabling others to exercise their own responsibilities. From the standpoint of the State, authority is the power exercised by a person authorized by an institution to perform generally recognized functions.

General Government

General Government consists of the general policy or practice driving state power. Strictly speaking, it usually refers to the body (which may include a chairman and a variable number of ministers) to which the Constitution grants the executive function of the State, allowing it to exercise political power over a society.

Political Power

Political Power... Continue reading "State Authority and the Characteristics of Political Power" »

Judiciary and Legal Codes

The judiciary is a matter for the courts (Art. 17). Codes exist only in civil, criminal, and commercial matters across the country (Art. 248), except for the clergy and military, who enjoy special privileges. The courts enforce the law through due process.

Individual Rights and Criminal Guarantees

Other titles in the Constitution recognize individual rights, such as:

• freedom,
• property,
• tax and legal equality,
• the inviolability of the home (Art. 306),
• criminal guarantees,
• freedom of the press, among others.

However, although there was an express declaration of the rights of the individual or citizen, as in France, these rights appear scattered throughout the articles of the Constitution. It also contains a number of duties (Art.... Continue reading "Constitutional Structure: Judiciary, Rights, Defense & Finance" »

Capacity and the Ability to Be Part of a Process (or Capacity to Stand Trial): Treatment Procedure

Ability to Be Part

Ability to be part is defined as the ability to be the holder of the legal relationship and procedure generated in the process and to assume the expectations and obligations inherent to it. It is a condition of release to the generality of the processes. Thus, the LEC (Civil Procedure Act) recognizes the ability of people to be a certain party, namely, to seek judicial protection and be able to see directly affected by a judicial decision. Capacity to be denied means you cannot apply for specific court guardianship.

It should be controlled to start the process for the issuance of a favorable ruling on the merits.

Article 6 of the... Continue reading "Understanding Legal Capacity in Civil Proceedings" »