Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Mandatory Content of Autonomous Community Statutes (Art. 147 EC)

Article 147.2 of the Spanish Constitution (EC) mandates the following minimum content for Autonomous Community Statutes:

• The community's name, reflecting its historical identity.
• Demarcation of its territory.
• Name, organization, and headquarters of its autonomous institutions.
• Powers assumed within the EC framework and rules for transferring related services.

Amending the Statute of Autonomy

The Statute of Autonomy, although an organic law, requires a qualified quorum (2/3 of each House, national and regional) for amendment. It cannot be altered solely by the national Parliament or the regional Assembly. Constitutional amendment (Art. 166 et seq. EC) is the only route for restructuring... Continue reading "Spanish Autonomous Communities: Statutes, Laws, and Regional Governance" »

Title VII: Budgetary System

Article 60: The Republican Moral Council does not display or sort the general supervision file. A decision may allow judicial copying, displaying, or inspection of any particular document, record, or book that corresponds to the file, except for documentation, books, or records that are of a privileged and confidential nature, according to the consideration of the President of the Republican Moral Council.

Article 61: Certified copies requested by authorities or individuals from the Republican Moral Council are issued by the Executive Secretary in cases where the President deems it appropriate. Certified copies may be issued through photographic processes, photocopies, or similar methods.

Article 62: Those who have... Continue reading "Venezuelan Citizen Power: Regulations and Operations" »

Commercial Companies

Commercial Company:
A union of two or more people, according to one of the types specified in Law 19,550, in an organized manner. The parties agree to make contributions, either for the production of goods or services, and share the resulting gains or losses.

Nature

• Existence of Two or More People: A commercial company is distinct from a one-person business.
• Reciprocal Benefits: Each partner is committed to making contributions.
• Typical: Its constitution must fall into one of the types legislated in an organized society.
• Production or Exchange of Goods or Services: Always for-profit.
• Participation in Gains and Losses: The corporation can have earnings or losses that members must endure.

Constitution

Contract

• Private Instrument: Among

Legislative Decrees

According to Article 85 of the Spanish Constitution, legislative decrees are government regulations containing delegated legislation. For the government to issue a legislative decree, Parliament must authorize it through a law delegating the exercise of legislative power.

The Constitution permits the delegation of rule-making power, but only under specific circumstances and limitations. The government exercises delegated legislative power within the bounds authorized by Parliament.

Classes of Delegation

There are two classes of delegation according to their intention:

• Basic Law:

  This type of delegation aims to empower the government to create a new text of articles. Basic laws cannot be approved by Commission. They also cannot,

Question on Jurisdiction

In one complaint, in apparent connection, Joseph was charged with practicing three burglaries in Campinas and a theft in Americana, the latter in May and the former in April of this year. In that case, the power to decide on the eventual receipt of the complaint and prosecution of their criminal action is:

(B) Of the Criminal Court of the District of Americana.

Choose the Correct Alternative:

(C) A Minister of the Federal Supreme Court, responsible for a crime, will stand trial before the Senate. (CR/88, 102 c).

State Military Justice Competence

Regarding the competence of the State Military Justice, mark the correct alternative:

() The judge deems peculiarly military crimes committed against civilians, and the Council of

Understanding Active and Passive Bribery

Passive Bribery

Passive bribery occurs when:

• The perpetrator is an authority or public official who requests or receives consideration.
• The typical action involves requesting or receiving an offer or promise of economic value (regardless of the amount or timing) for performing an act that only the official can perform, and this compensation is not legally entitled.
• The legal interest protected is the duty of neutrality in public administration.
• Offering or accepting gifts in traditional situations where the value is small and the behavior is socially appropriate is not considered bribery.

Proper Passive Bribery

Article 419: Any authority or public official who, for their own benefit or that of a third party,... Continue reading "Understanding Active and Passive Bribery in Criminal Law" »

-ISM

• Consumer - Consumerism
• Environment (adj) - Environmentalism
• Professional (adj) - Professionalism

-IST

• Biology - Biologist
• Optimism - Optimist
• Pacifism - Pacifist
• Physics - Physicist
• Piano - Pianist
• Race - Racist

-SHIP

• Citizen - Citizenship
• Friend - Friendship
• Member - Membership
• Relation - Relationship

-(E)TY

• Anxious - Anxiety
• Safe - Safety

-ITY

• Creative - Creativity
• Equal - Equality
• Generous - Generosity
• Popular - Popularity

-NESS

• Aware - Awareness
• Ill - Illness
• Kind - Kindness
• Lonely - Loneliness
• Weak - Weakness

-ENCE

• Confident - Confidence
• Different - Difference
• Intelligent - Intelligence
• Patient - Patience

-URE

• Literate - Literature

Cultural Freedom of Communication

Government Commitment to Culture as a Right

The Spanish Constitution recognizes culture as a fundamental right, requiring positive action from the government. This right is central to the Constitution, providing a comprehensive vision of various cultural phenomena.

The Principle of Enculturation: Democratic and Universal Culture of Fundamental Rights

Fundamental rights, embodying freedom and tolerance, are integral to culture. They represent the highest values of every culture, universally recognized through intellectual reflection.

Culture encompasses the spiritual, material, intellectual, and emotional characteristics of a society or social group. This includes arts, literature, lifestyles, fundamental rights,... Continue reading "Cultural Heritage Law and Freedom of Communication in Spain" »

Pretrial Detention

Pretrial detention is recognized as a necessary evil in all legal systems. It represents the most serious interference that state power may exercise in the sphere of an individual's freedom without a criminal conviction. A strong justification is needed to warrant it. It consists of the total deprivation of the accused's fundamental right to freedom of movement through their confinement in a prison facility for the conduct of criminal proceedings. It is implemented when it is the only way to ensure the normal course of criminal procedure. The only constitutionally legitimate purposes that detention may serve are to prevent the flight of the accused, which might hamper the investigation, and to prevent the concealment or destruction... Continue reading "Understanding Pretrial Detention and Probation in Criminal Proceedings" »

The Presidential System

The Presidential System

While both systems may appear different, one featuring a monarch with secretaries and the other a parliament making crucial legal rules, the political formula known as "presidential leadership" relies on the president's moral and political influence to implement decisions within the state structure.

The presidential regime, similar to a limited monarchy, allows the legislature and executive to perform their roles without creating dependency relationships.

Basic Features of a Presidential Regime:

1. Monistic Executive Power: The head of state and head of government are the same person: the president. The president, directly elected by the people, possesses popular legitimacy and governs. They freely appoint