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

Key Employment Classifications

Character of Employment Relationships

In the context of employment, individuals can be classified as: staff, volunteers, or those in paid employment. Earnings and dependency are key factors in these classifications.

Applicable Legal Norms

• European Community (EC) Law
• Organic Laws (LO)
• Royal Legislative Decrees (RDLegis)
• Royal Decree-Laws (RDLaw)
• Royal Decrees (RD)
• Ministerial Orders (OM)

Employment Relationship Criteria

Certain criteria determine the inclusion or exclusion of specific work arrangements. For instance, whether private work is performed for the state dictates its classification.

• Special Character Relationships: Categories 'a' and 'c' often denote relationships with a special character.
• Excluding Relationships:

International Treaties and Constitutional Challenges

If there are any doubts about the constitutionality in the conduct of the treaty, give full consideration to the court.

• The timing is important; the time when the consultation occurs is crucial because it's the right time to address the court.

No, not initially.

No, not one final time.

The Constitutional Tribunal (TC) is advised to act once the text is set but still without consent. A final text, but not the last, because it is not ratified. The site is requested to attend legitimate constitutional bodies.

The court shall not sentence or issue a statement. Why no sentencing? Because this is not a legal rule, since the state still has not given consent. We have a project or text that has been set... Continue reading "International Treaties and Constitutional Challenges: A Legal Analysis" »

Understanding the Administrado: Recipient of Powers

The administrado (managed) is the recipient of the exercise of administrative powers. In active situations, this involves individual rights, legitimate interest, and simple interest. In passive situations, it entails duties, obligations, and burdens.

Capacity to Act in Administrative Law

The capacity to act in administrative law refers to the fitness to effectively exercise the rights and duties arising from administrative legal relationships. This is distinct from merely possessing rights, which vary by rule. Factors that may influence or differentiate the capacity to act include:

• Younger age
• Nationality
• Criminal conviction
• Administrative penalty

Administrative Silence: A Legal Fiction

Administrative... Continue reading "Key Concepts in Administrative Law: Acts, Procedures, and Recourse" »

**Adolfo Suárez's Government: A New Era for Spain**

Political Reform (1976-1977)

Adolfo Suárez faced two major challenges upon assuming leadership. The first was political reform. The pivotal *Law for Political Reform*, amending Franco's legislation, established a bicameral Parliament with members elected by universal suffrage. Passed in 1976, this law paved the way for democratic elections. With the support of the opposition, Suárez succeeded in legalizing all political parties and trade unions. The June 1977 elections resulted in a majority for the Union of the Democratic Centre (UCD), Suárez's party.

Measures Against the Crisis

The UCD government proposed a policy of consensus, culminating in the signing of the *Moncloa Pacts* in 1977. These... Continue reading "Adolfo Suárez's Government & Spain's Transition to Democracy" »

Criminal Offenses Against Worker Rights

Illegal Migration Promotion (Art. 313)

Promoting or encouraging illegal migration within the European Union or facilitating the illegal entry of sufficient workers into Spain constitutes a crime.

Consummation: This offense does not require merely the result of the activity; the act of promotion or encouragement is sufficient.

Employment Discrimination (Art. 314)

This offense punishes discrimination in employment, referencing Article 14 of the Spanish Constitution. Examples include discrimination based on sex or ethnicity.

• Active Subject: The employer and those making decisions for the company.
• Passive Subject (Taxpayer): Workers who are discriminated against.
• Conduct: Causing serious discrimination in employment

Credit Instruments

The instruments most commonly used in exchanges between companies are the bill of exchange, checks, and promissory notes.

Bill of Exchange

A bill of exchange is a commercial document whereby a person, the drawer, orders another, the drawee, to pay a certain amount of money on a particular date. The payment of the bill of exchange can be made to the drawer or a third party called the beneficiary, payee, or holder, to whom the drawer has sent or endorsed the bill of exchange.

• The drawer: Is the person who is a creditor of the debt and who issues the bill of exchange.
• The drawee: Is the debtor who must pay the bill of exchange. The drawee may accept or reject the payment order given by the drawer, and if they accept it, they are

The American Revolution: Birth of a Nation

The American Revolution was a conflict between thirteen British colonies in North America and Great Britain between 1775 and 1783. From this process, a new nation emerged. The new state that emerged from the revolution settled on a set of values and institutions inspired by liberal thought. According to them, at birth, anyone has a series of guaranteed natural, individual, and transferable rights: life, liberty, equality, property, the right to overthrow an unjust government, legal defense, and freedom of expression, association, and the press. These rights were enshrined early in the Declaration of Independence (Philadelphia, July 4, 1776), written by Thomas Jefferson, and the Virginia Declaration... Continue reading "American Revolution: Birth of a Nation & Its Constitution" »

Item 4 - Politics: The Art of Directing and Organizing the State

Politics is the art of directing and organizing the polis (the state).

• Rules: They seek to regulate the behavior of human freedom to achieve certain values.
• Institution: Systems organized in society, permanently, which aim to meet certain needs. Examples of institutions are the institution of marriage, unions, etc. Institutions are regulated in turn by norms.
• State and Types: Partnerships with institutions that manage political power. There are three types: slave, feudal, and modern.
• Modern State: It can be defined as a social institution with universal jurisdiction. It is a source of legality, has a monopoly of coercive power, and is sovereign.
• Absolutism: A government system in which

Fungible and Infungible Assets Explained

ITEM 19 Expendable and Expendable INFUNGIBLE ASSETS are those that can be replaced by other homogeneous assets equivalent to each other and covered by their characteristics or generic qualities. Example: money, a book.

Infungible goods are those that are identified in any legal relationship taking into account their own characteristics, which need not occur in the remaining assets of the category. Example: a book dedicated by the author or a particular box.

YOUR MONEY AS WELL AS CONSUMABLES is a unit of measure of value that is given to things in the market. The importance of money is not in its consideration as a thing, but for being a medium of exchange and payment. Money is a material thing, currency... Continue reading "Fungible vs. Infungible Assets" »