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

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" »

The Foundations of Modern Rights and Revolutions

Contrasting Revolutionary Ideals

The need to build a new world and a new political system based on two eminent values—individual natural rights—did not exclude the fact that the protagonists of this operation were proud Englishmen, sons of a historical constitutional tradition that had offered first-class contributions to the cause of rights and freedoms.

The root of the difference lay in an oppressive reality against which individual rights were asserted in both the American and French Revolutions.

• In the French Revolution, rights asserted themselves against the past of the Ancien Régime.
• In the American Revolution, there was no need to destroy any estates; it did not have to assert the rule

Warranties of Detention

The rights of detainees begin from the time of their arrest. Preventive detention may last no longer than strictly necessary to clarify the facts. In any case, the maximum duration is 72 hours, within which the detainee must be released or made available to the judicial authority. In terrorism cases, this period is extended to 5 days, and in cases of siege, up to 10 days.

When officials come to arrest, police must inform the detainee of the facts alleged against them, the reasons for their deprivation of liberty, and their constitutional rights. These rights are enshrined in Article 520 of the Code of Criminal Procedure:

• Right to remain silent: The detainee is not obligated to make a statement.
• Right not to self-incriminate:

Implementation of Measures to Reconcile Rights

• Right to Control: Compliance with labor, social security, employment, and health and safety regulations, agreements, and practices. Implementation of the principle of equal treatment and opportunities for women and men.
• Representatives have the necessary capacity and legal standing to pursue administrative and judicial proceedings, upon agreement by a majority of its members.

Other Legal Powers

Rights of Passive Information: Rights to be informed of business decisions about:

• External functional mobility
• Individual MSCT
• Individual transfers
• Transmission company redundancies of an economic objective

Right of Active Information: Consultation with representatives is required prior to:

• Collective MSCT transfers
• Redundancies

Right

Who Does Not Apply to the Labor Code?

Article 23. This Code does not apply to directors, managers, administrators, and other executives of the company who, due to their representative character, the importance of their salaries, the nature of their work, and their technical ability, enjoy remarkable independence in their work. In all cases where elements of subordination predominate, the provisions of this Code shall apply.

Object of the Work Contract

Article 29. The contract referred to in this Title pertains to any work performed for and under external dependence, encompassing any service, whether material, intellectual, or mixed, provided under regulated conditions.

The following are not included in the contract regulation established by this... Continue reading "Labor Code Essentials: Employment Contracts & Worker Rights" »

Defining Legal Persons and Entities

Natural Person (Individual)

A natural person is defined as a human being who is alive (often legally defined as having survived more than 24 hours after birth).

Legal Person (Entity)

A legal person or entity is an organization or association (often requiring members to be 18 years or older) capable of forming a company or undertaking legal obligations.

Individual Entrepreneur (Sole Proprietor)

An Individual Entrepreneur is a natural person who is of legal age and possesses full legal capacity to act.

Key Characteristics of Sole Proprietors

• Requires the existence of habitual (regular) business activity.
• Always acts on their own behalf and assumes personal liability.
• Subject to Individual Income Tax and other applicable

Legal Distinctions for Religious Groups in Spain

Spanish law makes two key distinctions regarding religious groups:

1. Public Response & Religious Freedom

   Groups have the right to religious freedom, extending to individuals and religious groups. However, this right is not absolute. If public order is disrupted, actions are unlawful, and the right to religious freedom will not apply. (Article 16.1 EC)

2. Legal Personality & Registration

   (Art 5 LORL) Groups are registered with the Registry of Religious Entities. Not all registered faiths have the same legal status:

   • Confessions with roots in Spain: These have access to cooperative agreements with the State (e.g., the Catholic Church, ERDF, CIE, FCI). The Catholic Church has a unique system of agreements

Decrees

Decrees are rules that have the force of law. If there is an extraordinary need, the Government may introduce provisional legislation that takes the form of a decree-law. Decree-laws may not affect the regulation of the basic institutions of the State, the rights and duties, freedoms, the regime of autonomous communities, or electoral law. Decree-laws must be immediately submitted for debate and voting by the entire Congress. If Congress is not in session, it must be called within 30 days of the decree's promulgation. Congress must vote on their ratification or repeal within that period.

Constitutional Court

The Constitutional Court is responsible for enforcing constitutional principles.

Composition

It consists of 12 members. The Constitution... Continue reading "Decrees, Constitutional Court, and Principles in Spain" »