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

Descriptive vs. Regulatory Elements in Law

Descriptive Elements

Descriptive elements are basic and elementary. They specify the circumstances or facts in each case, describing the behavior and the actual elements of a legal type (e.g., a crime). These elements are verified through the senses.

Regulatory Elements

Regulatory elements constitute the objective part of the legal type. They review or complement the descriptive elements. These elements are conceptual in nature and are not perceived by the senses.

Crimes of Injury vs. Crimes of Risk

Crimes of Injury

Crimes of injury cause direct damage to a legally protected interest. This damage does not necessarily involve material harm but affects a legally protected right.

Crimes of Risk

Crimes of risk... Continue reading "Foundational Concepts of Criminal Law" »

Origin of Banking Legislation in Chile

The laws dictate the National Savings Fund and Mortgage Fund. New banks were founded, each with the particular issue of its own paper money. The SBIF was created during the Arturo Alessandri administration, following a contract with U.S. experts from the Kemmerer Mission, which adopted three measures:

• To issue a monetary law
• Enact the law that created the Central Bank
• Issued a general banking law

Bank Concept

A bank is defined as a "special corporation. A bank is a financial intermediary responsible for acquiring funds in the form of deposits, lending money, and providing financial services."

Law No. 04/186

The Law No. 04/186 on corporations is particularly important for banks, as these institutions, in our legislation,... Continue reading "Chilean Banking Legislation: Origins, Laws, and Regulations" »

Leave of Absence

1. Exercise of Public Office or Union Representation: Employees elected or appointed to public office or union positions at the provincial level or higher, which hinders their ability to work, are entitled to a leave of absence. They now have 30 days to return to work.
2. Deprivation of Freedom: Workers deprived of their freedom are not required to work until a conviction is issued. After sentencing, the employer can dismiss them for repeated absences.
3. Disciplinary Suspension: Suspension of work and wages can occur for disciplinary reasons. Employees have 20 days to contest the sanction.
4. Force Majeure: Temporary suspensions due to economic, technical, organizational, or production-related reasons require authorization from the Labor

National Sovereignty and Constitutional Principles

Sovereignty

• Extensive and meticulous articles (384) on national sovereignty.
• The principle states: "Sovereignty resides essentially in the Nation."
• It belongs exclusively to the Nation to establish fundamental laws; the King and other organs are formed by it.

Division of Powers

This principle was applied rigidly, isolating powers:

• Legislature: The Cortes with the King.
• Executive: The King.
• Judicial: A court.

Representation in National Cortes

• Various strata are represented.
• The Nation is conceived as a set of individuals who are represented by deputies.
• Representation is not mandatory but truly representative.

Regime of Rights and Freedoms

• Protection of Rights:
  • Property protection.
  • Freedom of thought and printing.

This document outlines key distinctions and provisions related to sexual offenses within the Venezuelan Penal Code, focusing on specific articles and their implications.

Differences Between Rape and Lewd Acts

In the context of the Penal Code, rape involves violence to compel another person to engage in sexual acts. In contrast, lewd acts refer solely to the incitement to sexual activity.

A key element in rape is the violation involving the penis or an object simulating it.

For all these crimes, legal medical expertise is a mandatory requirement.

Crimes are considered aggravated when committed by multiple individuals.

Article 377: Aggravated Offenses

When any of the acts described in the preceding articles have been committed with the simultaneous... Continue reading "Venezuelan Penal Code: Sexual Offenses and Penalties" »

Tax Exemption Explained

Article 22 of the LGT defines tax exemptions as instances where, despite an activity being taxable, the law exempts it from the primary tax liability. This occurs when a rule stipulates that a tax provision doesn't apply to specific factual circumstances that would typically trigger tax liability, or when it prevents the legal consequences arising from the tax rule for subjects within the exemption's scope.

Key Features of Tax Exemptions

• Exceptional Nature: Tax exemptions are purely exceptional.
• Dual Standards: They involve two standards: one subjecting certain assumptions and people to tax, and another exempting some of the same circumstances.
• Timing: The exemption is made after the taxable event occurs.
• No Tax Liability:

Rule of Law: Requirements and Features

According to Article 16 of the Declaration of the Rights of Man and of the Citizen (DDHC): "A society in which the guarantee of rights is not assured, nor the separation of powers determined, has no constitution."

On this historical basis, we can analyze the requirements of the rule of law. Professor Elias Diaz, in his famous book, "Democratic Society and Rule of Law," outlines four of these requirements:

1. Rule of Law

The rule of law replaces the rule of men with the government of laws. This is a consequence of the desire to "depersonalize" the exercise of political power. As a government of laws, it follows that all public authorities, not only citizens, are subject to the law. It is not just any kind of... Continue reading "Understanding the Rule of Law: Principles and Requirements" »

In administrative law, competence refers to the specific authority an administrative body possesses over a particular subject. It is a subjective attribute of the body, meaning that when it holds public interests and powers, it shall have jurisdiction.

Commonly, the term competence is often objectified, equating the notion of competence with interest. For example, one might say that international relations are the responsibility of the Ministry of Foreign Affairs. In a strictly technical sense, however, one would say that international relations are the interests of the Ministry.

Juan Alfonso Santamaría Pastor illustrates the false distinction between the objective and the more accurate subjective side, stating that "there is no competence,

Article 72: Third Degree Treatment

Paragraph 5 Requirements

The classification or progression to the third degree of treatment requires, in addition to the requirements prescribed by the Penal Code, that the offender has paid the liability arising from the crime. This considers the offender's observed behavior in order to return the abducted, repair material and moral damage, and compensate for personal and financial losses of the victim.

It also evaluates the offender's real, present, and future capacity to meet the appropriate liability, the safeguards that will ensure future satisfaction, the estimated enrichment obtained by the offender from the commission of the crime, and, where appropriate, damage or interference caused to public services,... Continue reading "Penal Code Article 72: Third Degree Treatment" »

Understanding International Customary Law

International custom, as defined by Article 38(1)(b) of the Statute of the International Court of Justice (ICJ), refers to a general practice accepted as law. It represents the ways in which the international community expresses itself, formed by a set of rules revealed not only through the repetition of acts accompanied by a feeling of obligation, but also because these acts are performed in the belief that certain obligations are being met or rights are being exercised.

Essential Elements of Customary Law

The two fundamental elements of international custom are:

• Objective Element (State Practice): This refers to the constant and uniform practice of states. It signifies the consistent use of a particular