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

Sources of Law and Legal Precedent

The legal system relies on various sources to establish rules and interpretations:

• Law: Any written rule of law prevails over other written or unwritten sources.
• Custom: A practice repeated due to certain conduct, carried out with the intention of creating a legal obligation.
• General Principles of Law (PG Law): These are the foundations and pillars upon which legal rules are constructed. They are inspired by Morality, Justice, and Equity. These principles are of direct application, often complementing or interpreting the law.
• Jurisprudence (Decisions): Joint statements issued by the Supreme Court on similar facts, which set precedent and provide a consistent response.
• Legal Doctrine (Scientific Doctrine): Joint

Understanding Mortgages: Security and Rights

A mortgage is a real right of security established on a property, which remains in the debtor's possession, to guarantee a cash credit. It functions as a security interest. Mortgages apply specifically to property.

Key Characteristics of a Mortgage

• Accessory: It is an accessory right because if the principal obligation it guarantees is extinguished, the mortgage is also extinguished.
• Indivisible: Each part of the mortgaged property, and every part thereof, is liable for the payment of the entire debt and each share of it.
• Conventional: It arises from an agreement between parties.
• Formal: It must be executed by a public deed and registered at the land registry.

Effects of a Mortgage

The owner continues in... Continue reading "Key Real Estate Security Interests & Property Rights" »

Understanding Essential Business Documents

Order: A document detailing the items a customer demands and the conditions of purchase. Through this order, it is communicated to the selling company that a good or service will be acquired.

Waybill: A document that details and justifies the delivery of goods made to the customer.

Invoice: A document that legally proves services rendered or the sale of goods.

Types of Payments & Checks

Cash Payment: A payment that takes place at the same time as the delivery of goods or services.

Term Payment: A payment that is made at a later, agreed-upon time.

Understanding Checks

Check: A document instructing a financial institution to pay a certain sum of money to the person designated as the payee or the bearer.

• Bearer

Formal Institutional and Public Writing

These documents are addressed to procedures related to public institutions. They are official and governed by specific rules regarding their wording and format. These may include the following:

• Note

  Texts similar to letters, used for requesting or reporting information. In some cases, they serve as a courtesy. These documents are read, answered by third parties, and filed in folders.

• Reporting

  Contains detailed information about a specific activity or event.

• Public Documents and Official Publications

  Documents issued by government entities that report on matters of general interest.

• Technical Writing

  Documents adhering to the formal requirements of a specific specialty or field.

• Forms

  Printed texts used to collect

What is Adoption?

Adoption is a protective measure of excellence, which applies to benefit the family of origin when they have exhausted all possibilities for a child to return to or remain under the care of their biological parents or family.

The objective of this measure is to provide a child or adolescent who has been legally declared "capable of being adopted" (whether by assignment, inability, or neglect of parental care), a stable family that will allow proper growth and development in an environment of protection and affection. This is expected to repair, if possible, the impact they have had on their experiences related to abandonment.

Adoption reinstates the child to their right to a permanent family by offering quality childcare for... Continue reading "Understanding Adoption in Chile: Process and Requirements" »

Functions of a National Parliament

The typical functions of a national parliament include:

1. Legislative function (making laws).
2. Budgetary function (approving finances).
3. Democratic control function (oversight of the executive).

Key Responsibilities of the Council of the European Union

The Council of the European Union (often referred to simply as "the Council") shares legislative and budgetary powers with the European Parliament. Its responsibilities include:

1. Approving European laws (co-legislator).
2. Coordinating the economic policies of member states.
3. Concluding international agreements.
4. Approving the EU budget (co-approver).

The Role of the European Court of Auditors (ECA)

The European Court of Auditors (ECA) is responsible for auditing the EU's finances.... Continue reading "European Union Institutions and Core Functions" »

Employment Contract Essentials

An employment contract reflects the agreement between a company and a worker. Key characteristics include:

• Worker: Minimum working age is 16.
• Employer: Can be a physical or juridical person responsible for directing work.
• The company benefits from the worker's labor in exchange for wages.
• Contracts can be indefinite or for a fixed term.
• Trial periods generally last 6 months for technical roles and 2 months for others.

Salary

Salary is the compensation provided to the worker for their services.

Shareholder Rights

Shareholders have rights including:

• Participation in social benefits distribution.
• Preemptive subscription rights for new shares.
• Attendance and voting at meetings.
• Right to challenge unlawful agreements.

Shares

Shares... Continue reading "Employment Contracts and Business Organization Essentials" »

The Criminal Trial Stage

The trial is the stage of legal proceedings where the defendant's conduct is prosecuted to either convict or acquit, culminating in a sentence that ends the process. It is conducted in one or more sessions and develops under several key principles. Once the trial opens, it continues for as many consecutive sessions as necessary for its completion.

Governing Principles of a Trial

The procedural debate is governed by the following principles:

• Orality: Proceedings are conducted verbally.
• Publicity: The trial is open to the public, ensuring transparency.
• Concentration: The trial proceeds through consecutive sessions without undue interruption.
• Contradiction: Both parties have the right to contest evidence and arguments.
• Equality:

Spanish Constitution of 1978

Preliminary Title

The Preliminary Title of the Spanish political order defines and establishes the principles underpinning the state.

Title I: Fundamental Rights and Duties

Title I protects the individual against others and against public authorities to ensure their implementation as humans.

Title II: The Crown

Title II sets out how the state policy is a Spanish parliamentary monarchy.

Title III: General Courts

Title III establishes a bicameral parliament that is in charge of exercising the legislative power of the state.

Title IV: Government and Administration

The Government directs domestic and foreign policy, the civil and military administration, and the defense of the state. With objectivity, the Public Administration... Continue reading "Spanish Constitution 1978: Titles, Central & Territorial Administration" »

Understanding Executive Legislative Power

The Executive Council (EC) is granted legislative power, enabling it to create rules in the form of subordinate legislation. These rules possess both active and passive force compared to those issued by other state powers. The Government (CG) shares legislative power with the Autonomous Community (AC) legislatures.

Types of Government Legislative Measures

While not laws in the formal sense (as they are not dictated by the legislative organ), two primary types of government legislative measures possess the full force of law and are binding:

1. Delegated Legislative Decrees (Decreto Legislativo)

A Delegated Legislative Decree is a government legislative measure containing rules with the force of law, granted... Continue reading "Executive Legislative Power: Decrees and Delegated Authority" »