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

Complementary Expertise in Legal Proceedings

In cases where the court determines a defendant's obligation but not the exact amount or value, complementary expertise becomes crucial. The court may quantify the evidence precisely after evaluating the experts' performance, undertaking actions that the judge might otherwise be unable to perform independently.

This principle is underscored in the final part of Article 159 LOPT, concerning the publication of a sentence. It states that the judge may, if necessary, order additional expertise on the subject, to be conducted by a single expert appointed by the Court.

Understanding Ultrapetita in Court Judgments

A judge commits the vice of ultrapetita if, in their sentence, they decide issues extraneous to...

True or False Statements

• Arthur Kaufmann stated that the ontological structure of law required the essence and legal existence, in other words, natural law and positive law. True

• Pachioni and Wing, regarding relative equity, and Rotondi deny the possibility of identifying the general principles of fairness. True

• Statement: The effectiveness of the precepts of the law does not depend on legislation, implementing acts, and acts of obedience. (False)

  Clarification: The effectiveness of precepts depends not only on law and implementing regulations but principally on acts of obedience. (See page 417)

• Subjectivity is one of the key positions regarding the axiological problem. True

Multiple Choice Questions

1. Who called social order 'the right'?
   a) [Name]
   

What is a Vacation Cash Payment (Abono Pecuniário)?

A vacation cash payment, also known as abono pecuniário, corresponds to the conversion of one-third (1/3) of the vacation period into money. This conversion must be requested by the employee up to fifteen (15) days before the expiration of their acquisition period.

Which Employees Are Entitled to Concurrent Vacations?

Certain employees have the right to take their vacations simultaneously:

• Student employees under the age of eighteen (18) are entitled to align their vacations with school holidays.
• Family members working in the same establishment may take leave concurrently, provided it does not disrupt service operations.

Is it Possible to Split Individual and Collective Vacations? Please Substantiate

Employee Representation in the Workplace

The participation of workers in the company to defend their interests is conducted through several channels:

• Unions: Through their affiliates, unions are entitled to intervene in the workplace via trade union branches and shop stewards.
• Staff Delegates and Committee Members: Representatives of Company K are elected by their fellow workers through elections held every four years in the workplace.

The Concept and Rights of Unions

A union is a permanent and autonomous non-profit association of salaried workers dedicated to the economic and social progress of its members. Its primary focus is the maintenance and improvement of working conditions through collective bargaining. Everyone has the right to organize...

Employee Leave: Rights and Categories

Leave is a right for workers to temporarily not provide their labor services to the enterprise. Unlike employment contract suspensions, leave does not always guarantee job reservation. In some cases, workers only retain a preferential right to re-enter the same or similar vacancies within their category that may arise in the future within the company. Types of leave are classified as:

• Compulsory Unpaid Leave Explained

  Occurs when a worker assumes a public office or association role that prevents attendance at work. The law preserves the job during the contract suspension, with a duty of reinstatement within one month after leaving the office. This period counts towards seniority.

• Parental Leave for Child Care

  This

Business Succession and Article 44

Article 44 states: "There shall be regarded as business succession when the transmission affects an economic entity which retains its identity, meaning an organized grouping of resources to carry out an economic activity, essential or ancillary." Essentially, what determines the applicability of this article is the transmission of a set (more or less, total or partial) of elements organized for production and productivity.

Causes of Business Transmission

The cause of transmission is indifferent. Article 44 speaks in very broad terms of a "change of ownership of whatever cause or motive." It may, therefore, be a sale, assignment, exchange, or corporate merger.

Effects of Transmission on Workers

The new employer...

Public Administration Bodies

Administrative Doctrine: An administrative body is an organizational unit, distinct from a legal person's apparatus, responsible for specific functions. These bodies operate under regulations outlining their powers, functions, resources, and leadership.

Types of Administrative Bodies

1. Sole Proprietorships and Corporate Bodies

2. Collective Bodies Classification:

• State Government committees
• Delegated government and governing bodies of Autonomous Communities
• Governing bodies of local entities
• Bureaucratic bodies
• Administrative bodies

Structure of Collective Bodies

a) Chairman

• Appointment: Designated according to procedure.
• Functions:
  • Represents and communicates for the body.
  • Convenes and sets the agenda for meetings.
  • Ensures compliance

Procedure Definition and Elements of Administrative Action

The administrative procedure is a formal series of acts by which a concrete administrative action is implemented to achieve a finality.

1. Administrative activity determined to establish the factual assumptions from which it must proceed.
2. The participation of a plurality of individuals or bodies that have a particular intervention within the administrative procedure.
3. The need to adopt certain forms of action.
4. Participation of people with the status of parties in different procedures where the administration is acting.

Types of Administrative Procedures

Administrative procedures are classified as follows:

By Plurality of Activities:

• Special: Established by statute in certain sectors of administrative

Sources of Roman Law: Iura and Leges

Leges: Imperial Constitutions

The term Lex refers to the imperial will and rules. It was considered the only living source of Derecho (law) after other sources had been exhausted.

Classes of Laws:

• General Laws (including orationes edictales ad senatum)
• Special Laws (Rescripta and Adnotationes)
• Pragmatic Sanctions (an intermediate genre)

Iura: The Right of Jurists

Iura refers to the right derived from lawyers' opinions, encompassing the entire mass of earlier right enshrined in legal literature.

The Crisis of Legal Sources (3rd and 4th Centuries AD)

• Mid-3rd Century AD: Corruption of legal literature.
• 4th Century AD: Rise of Derecho Vulgar (Vulgar Law) in provincial courts.

This period was marked by a chaotic situation...