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

Free Consent

Free Consent, as defined in Section 13, occurs when "two or more persons agree upon the same thing and in the same sense."

For example, if A agrees to sell his car to B, but A intends to sell his Maruti while B believes he is buying A's Honda, there is no consent because they haven't agreed on the same thing in the same sense. Consequently, there is no contract.

Section 14 states that consent is considered free when it is not caused or affected by the following:

• Coercion
• Undue Influence
• Fraud
• Misrepresentation
• Mistake

Coercion (Section 15)

Coercion involves using force or threats to compel a person to enter into a contract. The consent obtained under coercion is not free.

Undue Influence (Section 16)

Undue influence occurs when one party,... Continue reading "Understanding Free Consent and Contract Discharge" »

Mercantile Companies

Classification of Companies

Companies can be classified as either civil or mercantile. Partnerships can be further categorized into the following types:

• Collective Company
• Limited Partnership (Comanditary Company)
• Limited Partnership by Shares
• Limited Liability Company
• Anonymous Company (Corporation)

Companies can also be classified based on whether they are person-based or stock-based.

Concept of Mercantile Company

Article 35 of the Civil Code (CC) states that legal persons include associations of private interest, whether civil, business, or industrial, to which the law grants legal personality independent of that of each member. According to Article 36 of the CC, these legal persons are governed by the provisions relating to the... Continue reading "Understanding Mercantile Companies: Types and Legal Framework" »

Question 1:

What Legal Requirements Does a Construction Business Need to Comply With?

Provide eight examples of items that a Construction Business needs to register for or apply for to ensure legal compliance for its owner/operator. Explain the relevance of each item.

1. Building License: Ensures that the business and its owner/operator are qualified to perform construction work.
2. Industry Association Membership (e.g., HIA, Master Builders): Demonstrates a commitment to industry standards and provides access to resources and support.
3. Home Building Compensation Fund (or equivalent): Provides a safety net to homeowners in case the builder goes bankrupt or is unable to complete the work.
4. Workers Compensation Insurance: Provides coverage for medical expenses

1. Islam is a monotheistic religion articulated by the Quran, a book containing the word of Allah.
2. Islam's teachings and scriptures were revealed by the Prophet Muhammad.
3. Sharia encompasses all Islamic laws, jurisprudence, and rulings.
4. The Quran, considered the direct words of Allah, serves as the Islamic legal constitution. When the Quran doesn't directly address a subject, Muslims consult alternative sources of Islamic law.
5. The Sunnah refers to the traditions and practices of the Prophet Muhammad, many of which are recorded in Hadith literature.
6. When specific legal rulings aren't found in the Quran and Sunnah, the consensus (Ijma) of legal scholars is sought.
7. In cases requiring legal rulings not addressed in other sources, judges or scholars may use

Fill in the Blanks: Key Historical Terms

Complete the sentences with the correct word from the list below:

• Hijrah
• Fast
• Justinian Code
• Icons
• Hajj

1. Justinian Code was a set of laws issued by the Byzantine emperor based on Roman laws.
2. Icons are images important to a religion.
3. Hajj is a journey that followers of the religion of Islam are expected to make during their life if they are able.
4. Hijrah was the journey of Muhammad from Mecca to Medina.
5. Fast is to not eat food for a period of time.

Matching Definitions: Islamic Concepts

Match the word (1-4) with its definition (A-D).

Terms

1. Qur’an
2. Arabic Numerals
3. Mosques
4. Prophet

Definitions

• A. Places where Muslims pray.
• B. The holy book of Islam.
• C. The numbers 1 through 9.
• D. Muslims believe that Muhammad was a prophet.

Answers:

Separation of Powers

• Legislative Function
• Executive Function
• Judicial Function

Administrative Law

The Federal Judiciary System

Three Levels of Federal Courts

Level One: District Courts

District Courts are trial courts and handle cases related to congressional districts and voting rights.

• Cases: Constitution, laws, and treaties of the U.S.; Admiralty and maritime cases; Diversity jurisdiction (citizens of different states with more than $50,000 at issue).
• Annually, over 367,000 cases (excluding bankruptcy filings) begin at the 94 U.S. District Courts, staffed by 677 judges.
• There are 89 district courts in the 50 states, plus one each in D.C., Guam, Puerto Rico, the Virgin Islands, and the Northern Mariana Islands.
• Each state has at least one district court, and no district courts cross state lines. Some states have 2 to 3 districts, with California,

The great holiday of Albacete, known simply as the fair, is declared of tourist international interest and is celebrated annually from September 7th to September 17th. The fair of Albacete is celebrated in a special place in Albacete, known as the Fair. It is a very ancient and nice place and it has a great door called the Door of Iron.

In the fair, many thousands of Albaceteños take part and many visitors come. There are many different activities for all the people, but especially there are attractions, music, dance, and food.

The fair is dedicated to the Virgin of the Plains, de los Llanos, and there is a parade of flowers where many inhabitants of the city take part.

There is always something to do, twenty-four hours a day, with all imaginable... Continue reading "The Great Holiday of Albacete: A Celebration of Tradition and Culture" »

Spanish Employment Law

Contract Termination

Termination of Contract

There are several reasons for the termination of an employment contract. Besides death and mutual agreement, termination is typically initiated by either the employer or the employee. Legal rules exist to protect workers from unjustified dismissal.

Disciplinary Dismissal

Disciplinary dismissal is the most severe sanction an employer can impose for serious employee misconduct. This includes:

1. Very serious breach of contract, fundamentally violating the employer's rights.
2. Intentional or negligent, unjustified breach of contract.

Employee-Initiated Termination

In justified employee-initiated termination (constructive dismissal), the employee must file a lawsuit with a labor court, explaining... Continue reading "Spanish Employment Law: Contract Termination & Key Aspects" »