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

1. Who Enforces Administrative Acts?

The enforcement of administrative acts corresponds to:

• The Administration in any case
• The courts, if entry into the domicile of the affected party is required
• The Administration as a rule, with exceptions from Article 95 LRJPAC
• All are correct

Explanation

Enforcement is, as a rule, carried out by the Administration itself, a manifestation of the so-called executive self-protection (autotutela ejecutiva). This is established in Article 95 of Law 30/1992 (LRJPAC - Law on the Legal Regime of Public Administrations and Common Administrative Procedure). Exceptions include:

• Suspension of the effectiveness of the act in question.
• When the Spanish Constitution or other laws require judicial intervention (e.g., for entry

Ethical Relationships in Engineering

2. In the Relationship with the Company

Loyalty

Beyond compensation, one must take into account the work environment that exists in the company, and this depends entirely on the attitude that everyone takes within the team. It becomes very important to build trust, which depends on the relationship and loyalty each worker establishes with the company.

Loyalty is affected by competition. The company gains prestige through the service and the quality of products offered. In this sense, the engineer plays a crucial role since they are responsible for innovation and improvement. This condition can cause some practitioners to take advantage of their status.

There is a loyalty to the company according to the engineer... Continue reading "Ethical Relationships in Engineering Practice" »

The Spanish Constitution of 1812: A Landmark in History

The Constitution of 1812 was one of the most important political reforms in Spanish history. Its development began in early December 1810. The constitutional commission commenced its work in March 1811 after the courts moved from the Isla de León to the oratory of San Felipe Neri in Cadiz. In August 1811, discussions began on its lengthy articles, the largest of any Spanish constitution (including 10 titles and 384 articles). Its creators intended to clearly define their idea of a liberal state and the rights of citizens.

Content Breakdown

• Titles 1 and 2: Refer to national sovereignty, the separation of powers, and the rights and obligations of the Spanish.
• Title 3: Refers to the courts.

Triangular Operations in Intra-Community Acquisitions

These operations involve companies from three different EU member states. They consist of:

• A director company buying and selling, which must be a company not established in Spanish territory.
• A supplier that only sells, transports, and delivers the goods.
• A buying company that only acquires the property, which is the Spanish company (in this context).

Regarding the triangulated company, it must be a company not established in the EU and will have these three characteristics:

1. It performs two actions: it buys from one company and sells to another.
2. It benefits from a Community exemption on the purchase.
3. Its relationship with the Spanish company can be expressed as: "I will buy the goods to sell them

The Third Level of Regulations

The third level consists of the regulations that dictate the other members, ministers, and ministerial orders. Regulation 50/1997 states that the Crown can never violate the decrees of the council or chairman.

Pure and Proper Regulations

Regulations not issued by the government are parliamentary regulations, which are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they just share the same name.

Regulations of the General Council of the Judiciary

The General Council of the Judiciary establishes rights, duties, and performance standards for judges and magistrates. There is no separation of powers within the General Judicial Council.

Individuals

Item 17 - Breach of Contract: Understanding Work Absences

Types of Absences from Work

• Absences
• Suspension of Contract
• Paid Leave

Suspension of Contract

Suspension of contract detracts from the obligations of work and remuneration of labor while maintaining the right to reinstatement.

Grounds for Suspension:

1. Mutual agreement of the parties.
2. The inability of the worker. This includes temporary disability leading to permanent disability. The process concludes with either: a) discharge of the worker; b) qualification of permanent disability.
3. Maternity, paternity, risk during pregnancy or breastfeeding of a child under 9 months, and adoption or fostering. The maternity suspension lasts for 16 weeks.
4. Suspension for paternity. A continuous period of 13 days,

Preliminary Title of the Spanish Constitution

Spain is a social and democratic state of law. Sovereignty resides in the Spanish people. The Constitution is based on the indissoluble unity of the Spanish nation. The political form is the parliamentary monarchy.

Castilian is the official language of the State. Other languages are also official in their respective regions.

The state capital is the city of Madrid.

Citizens and public authorities are subject to the Constitution and other legislation.

Title II: The Crown

The person of the King is inviolable and not subject to liability. This means their acts must be countersigned by the Prime Minister, ministers, or the President of the Congress.

Title III: The General Courts

The General Courts (Cortes Generales)... Continue reading "Key Aspects of the Spanish Constitution" »

Contract Termination

Reasons for Termination

Employer-Related Reasons

Death of Employer

Upon the employer's death, all heirs in the transmission company inherit the contracts. Business closure and contract termination must be genuine. If the business continues under a third party, contracts may continue. The contract's expiration upon the employer's death carries statutory compensation equivalent to one month's salary.

Employer's Failure

The employer's inability to fulfill contractual obligations may justify contract termination. The level of inability required depends on the specific case. Compensation is equivalent to one month's salary.

Retirement of Employer

Contract termination due to employer retirement is possible under Social Security schemes.... Continue reading "Contract Termination: Reasons, Procedures, and Effects" »

What are the Functions Assigned to Criminal Law?

Civil legal asset protection and motivation.

What Underpins the "Absolute Theory" of Grief and How Critical is it?

They look to the past. They see the punishment as "pay" for the harm caused by crime. It is based on the idea that punishment has no other basis than the crime. The penalty exists because a crime has been committed. The basis of punishment is what is known as remuneration.

What are the Main Theories About the Penalty?

• General Prevention: Finds the justification of punishment with the threat and is subjective to individual application (which does not respect the threat will be punished). That is, it leaves the idea of intimidation, formerly General Prevention Negative and now positive.