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

Special Obligations of Headquarters

• To exercise permanent hierarchical control over the operations of institutions and the performance of their dependent staff.
• To permanently ensure compliance with established plans and the implementation of regulations.
• To monitor and control the powers they delegate.
• To perform their duties fairly and in accordance with clear, objective instructions of general applicability.

Void Appointments

The appointment of an incompetent person is void. The law mitigates the invalidating effect by recognizing that it does not require the refund of payments for services rendered, provided that the oversight regarding the appointee's incompetence is not attributable to the appointee.

Right to Employment

An individual appointed... Continue reading "Public Sector Employment Rights and Regulations" »

General Provisions of the Labor Agreement

1. The Agreement is without prejudice to other more specific Community provisions, particularly those concerning equal treatment and opportunities between men and women.
2. The application of the provisions of this Agreement shall not constitute valid grounds for reducing the overall level of protection of workers in the area covered by the Agreement.
3. The Agreement does not limit the right of social partners to conclude agreements at the appropriate level, including the European level, to adapt or supplement its provisions so as to take into account the specific needs of the social partners concerned.
4. Prevention and resolution of disputes and grievances arising from the implementation of this Agreement shall

Naturalism in Aluísio de Azevedo's The Slum

The Slum (O Cortiço) is a masterpiece of Brazilian literature by the author Aluísio de Azevedo. It is highly acclaimed and frequently featured in Brazil's major entrance exams, known as vestibulares. This work stands as a definitive hallmark of Naturalist literature. Read our review of the book below:

João Romão and the Pursuit of Wealth

The narrative chronicles João Romão's saga toward enrichment. To accumulate capital, he exploits his employees and resorts to theft to achieve his goals. João is the ambitious owner of the tenement, the tavern, and the quarry. His lover, Bertoleza, helps him tirelessly, working from Sunday to Sunday without rest.

The Rivalry Between João Romão and Miranda

In... Continue reading "Analysis of The Slum by Aluísio de Azevedo" »

Causes of Justification: Self-Defense Principles

Self-Defense: A Justification Principle

Self-defense shares with a state of necessity the factual existence of a conflict between two legal rights, where the legal system may sacrifice one to preserve the other. However, self-defense is distinguished by the fact that the conflict arises between the legal right of the attacker and that of the attacked. This gives it a greater scope of action compared to a state of necessity, where the subject acts to prevent harm for which "nobody is at fault."

Basis for Exemption from Punishment in Self-Defense

Self-defense is credited with a dual basis or function: self-governance and the protection of the law. Those who act in self-defense do not perform acts contrary... Continue reading "Self-Defense in Criminal Law: Justification Principles" »

1. The Return of the Bourbons

Following the Coup of Pavia, General Serrano served as dictator. To prepare for the return of Alfonso XII, Martínez Campos stepped forward and proclaimed him as the ruler. The King arrived on January 9, 1875, with three primary government objectives:

• Adapt the system to eliminate the political measures of the Sexenio.
• Develop new policies.
• Pacify the environment by ending the Carlist War and the insurrection in Cuba.

Cánovas was ratified in the government by the King and took the following steps:

• Substitution of officials related to the previous regime.
• Closure of most Democratic and Republican newspapers.
• Maintenance of order at all costs.
• Implementation of procedures to judge corporate crime.
• Removal of civil marriage

The Law of October 25, 1839: An Introduction

This document examines the Law of October 25, 1839, a pivotal piece of Spanish legislation. Its legal nature is that of an implementable law, enacted by the Cortes (Spanish Parliament) and addressed to all Spanish citizens. The law was promulgated in Madrid on October 25, 1839. Historically, it emerged at the close of Queen Isabella II's reign, following the conclusion of the First Carlist War.

Origins: The Convention of Vergara

The genesis of this law lies in the Convention of Vergara, where General Baldomero Espartero's government committed to resolving the long-standing issue of Navarre's unique legal status. This agreement paved the way for legislative action.

Key Provisions and Constitutional Unity

The... Continue reading "The 1839 Foral Law: Charters and Constitutional Unity" »

Expert: A specialist who works with the judge in the investigation of fact. Legally authorized to give their opinion.

Demand for Expertise

The demand for expertise occurs when the act of the subject of the cause cannot be fully signified from the registration of legal discourse, where their conduct raises questions or presents gaps in signification that cannot be answered from the law alone. It is in this space, where the gap appears, that the expert psychologist is needed to speak more about subjectivity and individuality.

Points of Expertise

Expertise carves out a space not included in the process of developing legal truth. The demand for expertise produces a space of psychological interrogation.

• Psychological Subjectivity: To say psychic subjectivity.

Institutions of Mature Athenian Democracy

The mature Athenian democratic system was defined by several key institutions, each playing a vital role in governance. Below is a characterization of these essential elements, their functions, and their positive and negative aspects.

1. The Popular Assembly (Ekklesia)

• Was open to all male citizens over 20 years of age.
• They met approximately 40 times a year, plus special sessions.
• Represented the supreme public authority of the body politic.
• Athenians debated and voted on major issues of state, including:
  • Modifying or rejecting enacted legislative measures submitted by the Council of 500.
  • Approving declarations of war and signing peace treaties or alliances.
  • Voting on direct taxes and deciding on the use of

Working Time Regulations: Derogations and Limits

Requirements for Exceeding Maximum Weekly Working Time

When workers carry out work exceeding the maximum weekly working time, the employer must ensure the following conditions are met:

1. The employer keeps updated records of all workers who carry out such work;
2. The records are made available to competent authorities that may prohibit or restrict, for security reasons and/or health of workers, the possibility of exceeding the maximum weekly working time;
3. The employer provides the competent authorities, at their request, information on the consent of workers to perform work exceeding 48 hours in a period of seven days, calculated as an average reference period mentioned in point (b) of Article 16.

Maintaining

The 1812 Spanish Constitution

Members proclaimed national sovereignty and the constitutional status of the courts, establishing two basic principles of liberalism: sovereignty and constitutionalism.

Liberalism had penetrated during the reign of Carlos IV and spread through war. The sessions were conducted in an atmosphere of agreement between traditional and liberal factions.

Consequently, the constitution affirmed its roots in Spanish tradition and proclaimed the Catholic religion as the sole medieval faith. Its vast scope was inspired by moderate ideals.

Main Features of the Constitution

• National Sovereignty: The nation is defined as the set of all citizens from both hemispheres, representing a union between Spaniards and Americans.
• Form of Government: