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

Title V: Criminal Liability

Article 34: Grounds for Exemption from Punishment

The following individuals shall not be punished:

1. Incapacity, Unconsciousness, or Mistake of Fact

   One who, at the time of the event, was unable to understand the criminality of the act or to direct their actions due to:

   • Failure or morbid alteration of their faculties;
   • A state of unconsciousness; or
   • Mistake or ignorance of fact not attributable to them.

   Judicial Measures for Incapacity

   In case of morbid alterations, the court may order the detention of the agent in a mental hospital. The agent shall not leave except by judicial decision, after hearing the public prosecutor and receiving an opinion from experts declaring the disappearance of the danger of the patient injuring

Sinde Law and Website Shutdowns

Data: A law that would allow the government to shut down websites that provide free downloads of movies, video games, or music without permission or without paying royalties has raised great controversy...

Legal Procedure and Rule of Law

So far, the procedure to prosecute crimes related to intellectual property was a one-page report to the court and then waiting for the judge to issue a sentence in accordance with the law. This is usual and desirable in any state governed by the rule of law.

Judicial Rulings on Linking Sites

However, judges have ruled many times that link sites are not illegal and do not violate any legal warrant related to copyright. Links are factual indicators that show where to find works, but... Continue reading "Sinde Law: Spanish Anti-Piracy and Internet Rights" »

Employment Contract

An employment contract is an agreement between an employer and an employee whereby the latter undertakes to provide certain services on behalf of the employer and under the employer's direction in exchange for an agreed remuneration.

Essential Elements of a Contract

• Consent between employer and employee: Acceptance of the contract; consent must be free from mistakes or deception.
• Purpose: The provision of work and payment of salary. The purpose must be possible (i.e., not prevented by termination of the contract), lawful, and sufficiently determined or determinable (the content should be clear).
• Cause: The lawful exchange of work for pay.

Hiring and Working Conditions

Worker

• Age: A person aged 18 or over may be employed freely.

Special Obligations of Headquarters

• To exercise permanent hierarchical control over the operations of institutions and the performance of their dependent staff.
• To permanently ensure compliance with established plans and the implementation of regulations.
• To monitor and control the powers they delegate.
• To perform their duties fairly and in accordance with clear, objective instructions of general applicability.

Void Appointments

The appointment of an incompetent person is void. The law mitigates the invalidating effect by recognizing that it does not require the refund of payments for services rendered, provided that the oversight regarding the appointee's incompetence is not attributable to the appointee.

Right to Employment

An individual appointed... Continue reading "Public Sector Employment Rights and Regulations" »

General Provisions of the Labor Agreement

1. The Agreement is without prejudice to other more specific Community provisions, particularly those concerning equal treatment and opportunities between men and women.
2. The application of the provisions of this Agreement shall not constitute valid grounds for reducing the overall level of protection of workers in the area covered by the Agreement.
3. The Agreement does not limit the right of social partners to conclude agreements at the appropriate level, including the European level, to adapt or supplement its provisions so as to take into account the specific needs of the social partners concerned.
4. Prevention and resolution of disputes and grievances arising from the implementation of this Agreement shall

Causes of Justification: Self-Defense Principles

Self-Defense: A Justification Principle

Self-defense shares with a state of necessity the factual existence of a conflict between two legal rights, where the legal system may sacrifice one to preserve the other. However, self-defense is distinguished by the fact that the conflict arises between the legal right of the attacker and that of the attacked. This gives it a greater scope of action compared to a state of necessity, where the subject acts to prevent harm for which "nobody is at fault."

Basis for Exemption from Punishment in Self-Defense

Self-defense is credited with a dual basis or function: self-governance and the protection of the law. Those who act in self-defense do not perform acts contrary... Continue reading "Self-Defense in Criminal Law: Justification Principles" »

1. The Return of the Bourbons

Following the Coup of Pavia, General Serrano served as dictator. To prepare for the return of Alfonso XII, Martínez Campos stepped forward and proclaimed him as the ruler. The King arrived on January 9, 1875, with three primary government objectives:

• Adapt the system to eliminate the political measures of the Sexenio.
• Develop new policies.
• Pacify the environment by ending the Carlist War and the insurrection in Cuba.

Cánovas was ratified in the government by the King and took the following steps:

• Substitution of officials related to the previous regime.
• Closure of most Democratic and Republican newspapers.
• Maintenance of order at all costs.
• Implementation of procedures to judge corporate crime.
• Removal of civil marriage

The Law of October 25, 1839: An Introduction

This document examines the Law of October 25, 1839, a pivotal piece of Spanish legislation. Its legal nature is that of an implementable law, enacted by the Cortes (Spanish Parliament) and addressed to all Spanish citizens. The law was promulgated in Madrid on October 25, 1839. Historically, it emerged at the close of Queen Isabella II's reign, following the conclusion of the First Carlist War.

Origins: The Convention of Vergara

The genesis of this law lies in the Convention of Vergara, where General Baldomero Espartero's government committed to resolving the long-standing issue of Navarre's unique legal status. This agreement paved the way for legislative action.

Key Provisions and Constitutional Unity

The... Continue reading "The 1839 Foral Law: Charters and Constitutional Unity" »

Expert: A specialist who works with the judge in the investigation of fact. Legally authorized to give their opinion.

Demand for Expertise

The demand for expertise occurs when the act of the subject of the cause cannot be fully signified from the registration of legal discourse, where their conduct raises questions or presents gaps in signification that cannot be answered from the law alone. It is in this space, where the gap appears, that the expert psychologist is needed to speak more about subjectivity and individuality.

Points of Expertise

Expertise carves out a space not included in the process of developing legal truth. The demand for expertise produces a space of psychological interrogation.

• Psychological Subjectivity: To say psychic subjectivity.

Institutions of Mature Athenian Democracy

The mature Athenian democratic system was defined by several key institutions, each playing a vital role in governance. Below is a characterization of these essential elements, their functions, and their positive and negative aspects.

1. The Popular Assembly (Ekklesia)

• Was open to all male citizens over 20 years of age.
• They met approximately 40 times a year, plus special sessions.
• Represented the supreme public authority of the body politic.
• Athenians debated and voted on major issues of state, including:
  • Modifying or rejecting enacted legislative measures submitted by the Council of 500.
  • Approving declarations of war and signing peace treaties or alliances.
  • Voting on direct taxes and deciding on the use of