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

Common Law

Common law began to be applied in medieval England and expanded throughout the British Empire and its areas of influence. It has traditionally been based more on jurisprudence than on statutory law. Countries with common law systems include England, Wales, Ireland, India, and Australia. This system relies on the analysis of judicial decisions in lower and superior courts. Judicial interpretations can even create new legal figures. However, this has evolved over time, and now statutory law plays a more significant role than jurisprudence.

Ratio Decidendi: The essential reason that resolves a sentence determines the rest of the statements. In short, common law is based on case law. While common law has tended towards codification, it... Continue reading "Common Law vs. Continental Law: Understanding Legal Systems" »

Elements of Labor Law

The Employment Relationship

The employment relationship between employers and employees arises as a result of the employment contract.

Defining the Employer

In employment law, the employer is the natural person or legal entity that receives paid services from workers who depend on it.

The TRLET (Workers' Statute) expands this definition to include any person, entity, or community property receiving paid services from those who voluntarily work on their own and within the scope of the latter's organization. This definition:

• Extends to real communities (e.g., a community of owners hiring a janitor; the community is the employer, not each neighbor).
• Requires workers to act within the scope of the employer's organization (orders

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative,... Continue reading "Parental Rights: Jurisdiction, Guardianship & Child Custody in Argentina" »

1.5. Thesis of Constitutional Supremacy

The principle of constitutional supremacy is enshrined in Article 6 of the CPR. As a foundational pillar of institutional values and principles, the interpreter must prioritize this principle, always preferring the interpretation that best reconciles it with any other legal norm.

In accordance with the jurisprudence of the Constitutional Court, the analysis prior to the ratification of a treaty must:

• Favor the substance of the matters governed by both international and internal standards.
• Review whether any contradiction exists.

If such a contradiction exists, it must be resolved through legislative approval in accordance with the legal quorum established by the Constitution, giving preference to the interpretation

The Role of Constituent Power

The presence of a crucial historicist element prevents the American doctrine, established by the constituent power, from imprinting Jacobin political voluntarism. The people exercise constitutional power not only to claim the direct exercise of political sovereignty and make fundamental decisions about the character of the Constitution, but also to secure a stable content of constitutional provisions, thereby opposing the possible arbitrariness of both legislative and constituent power.

Natural Law and Historicism's Influence

Natural law and historicism are not opposed; rather, they bind together, directing the exercise of constituent power toward its perennial goal: to limit and circumscribe the authority of the... Continue reading "Founding Principles of American Constitutionalism" »

Spanish Non-Resident Income Tax (IRNR)

Applicable Regulations

• Royal Decree 5/2004 of March 5, approving the Revised Law on Income Tax for Non-Residents.
• Royal Decree 1776/2004 of July 30, which approves the Regulations of the Income Tax for Non-Residents.

Defining Tax Residency

Resident Individuals

Those who reside in Spanish territory for more than 183 days (six months). Also considered resident in Spain are individuals who have their seat of economic activity here. Therefore, they will be taxed under Personal Income Tax (IRPF).

Resident Legal Entities

Article 8 of the TRLIS states three assumptions for a legal entity to be considered resident:

1. Incorporated under Spanish law.
2. Having their registered office in Spanish territory.
3. Having their place of

Human Rights (DH)

DH: Freedoms and basic rights that every person has by the mere fact of being human and having dignity.

Characteristics

• Inherent
• Individual
• Universal
• Irrevocable
• Inalienable
• Inviolable
• Preferential in certain contexts

Iusnaturalism and Legal Positivism

Iusnaturalism: Human rights are a consequence of the nature of the person.

Legal positivism: Rights are granted by the lawafter careful consideration of what is best for peaceful coexistence.

Welfare State

Welfare state: Recognition of economic, social, and cultural rights in fundamental law.

Death Penalty and Abortion

Death penalty: Execution of a convicted person by the state as punishment for an offense specified in the legislation.

Abortion: An attempt on the life of the unborn.

Attacks on

Provinces, Provincial Government, and Administrative Bodies

The province circumscribes the election of senators by the courts and general deputies.

• Territory: The province is composed of a set of municipalities.
• Spanish Territory: Divided into 50 provinces.
• Provincial Government: Administration is the responsibility of the provincial councils.
• House of Deputation: Responsibilities include:
  • Electing and dismissing the president.
  • Monitoring and supervising provincial government bodies.
  • Approving organic regulations.

Definition of Vegueria

A specific territorial area for inter-governance.

Definition of the City Council

The municipal branch is composed of councilors and chaired by the mayor.

The European Flag and Its Symbolism

The flag represents solidarity... Continue reading "Spanish Administrative Law and EU Governance Essentials" »

Defining Features of the Historical Common Law (Ius Commune)

The historical Common Law, often referred to as the Ius Commune in Continental Europe, possessed several defining characteristics:

1. Law Developed by Jurists: It is a law primarily developed by legal scholars and practitioners. The State was often separate from the initial legal establishment.
2. Academic Origin: The law was largely created and refined within universities.
3. Creation of Legal Works: The manifestation of this law involved the creation of extensive legal works and commentaries.
4. Claim to Universal Validity: This law claimed universal validity, seeking application beyond specific local jurisdictions.
5. Sources of Law: The law drew heavily upon the content of Roman Law (especially the

New Scheme for Self-Employed Workers (Autonomous Workers)

A self-employed worker (autonomous worker) is defined as one who performs work independently and undertakes productive activity for themselves. From a labor standpoint, this person operates outside a traditional employment system but is covered by a special Social Security scheme that provides coverage and benefits comparable to those of employed workers.

Key Regulations and State Intervention

The scheme regulates the following aspects:

1. Within the state interventionist tendency, it establishes the public representation of the self-employed through The National Council of Self-Employed.
2. It establishes a distinction between two primary types of self-employed workers.

Distinguishing Types of