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... Continue reading "Legal Concepts: Expertise, Ultrapetita, and Judicial Indexing" »

Classes of Obligations Based on Subject

Sometimes, there is a plurality of subjects in an obligation. The bonds may be single-person or multi-member. Typically, they are single-minded. Within multi-person obligations, we distinguish between conjunctive and disjunctive. Conjunctive obligations are further divided into joint and several obligations.

The Obligation Dilemma

Establishing a supposed alternative by some individuals, Article 1137 states that obligations will only be considered several where it is established by the parties or stipulated legally. So, we understand that solidarity with obligations only exists when the parties have agreed to it or when it is legally mandated.

Several Obligations

A several obligation is a situation in which... Continue reading "Understanding Joint and Several Obligations: Legal Framework" »

Witnesses and Witness Statements

Witness statements are crucial in criminal investigations and trials. They serve as essential evidence, especially when a defendant's confession is inadmissible. A witness provides an oral declaration of knowledge about relevant facts. While common, witness evidence has relative reliability, and conclusions may be questioned.

Witness Role and Obligations

A witness is a third party summoned by the court to provide a statement about past events relevant to the criminal process. The witness's role is acquired through a subpoena, following legal formalities. Witnesses are unaware of the rights heard in the process and cannot be the accused parties.

Witness Duties and Exemptions

Witnesses have a duty to appear and testify... Continue reading "Witness Testimony in Criminal Proceedings: Reliability & Procedures" »

The Unborn Person

Although Venezuelan law welcomes the theory of vitality, it also considers the person to be born (nasciturus, literally: "to be born"), both when conceived (conceptus) and when yet to be conceived (concepturus, literally: "that is to be conceived").

Status of the Conceived Under Venezuelan Civil Law

In Venezuelan law, "The fetus is deemed to be born when it comes to its benefit, and to be reputed as a person, provided that it is born alive" (Civil Code, art. 17). In this regard:

1. A) "Fetus," within the meaning of the Civil Code, must be understood as any conceived human being, not yet born, regardless of the time elapsed since conception. Thus, the term "fetus" should not be understood in the medical sense, where the unborn child

Constitutional Rights: Classification and Protection

Classification Guarantees for Rights

The constituent power, when establishing the catalog of rights and freedoms, also establishes a classification based on their guarantees. In other words, the constitutionally established levels of protection for them. Clearly, some rights are more important than others, and it seems logical that they are subject to greater protection.

Rights with Strengthened Safeguards

These are rights to which the constitution intended to provide a kind of special armor. They usually coincide with those that common sense finds most important: the rights of personality and civil rights in general, with some exceptions. For example, the right to marriage or property are not... Continue reading "Understanding Constitutional Rights: Classification and Protection" »

Domicile is the legal seat of a person, emerging as a key concept in civil law. It allows for locating the subject, ensuring stability and security in legal relations. Without it, legal relations would be highly unstable and unsafe.

The domicile also helps locate the subject and may have relevance for other aspects, such as determining the territorial jurisdiction of a court or tribunal. Professor Albaladejo stresses that, despite its importance, domicile does not create any legal relationship between the person and the dwelling place, nor does it imply any civil status for the resident.

The primary role of domicile is to constitute the juridical seat of the subject, making it the place to exercise their rights and meet their obligations.

Types

Securities Market Act and the National Securities Market

The Securities Market Law regulates primary and secondary markets of securities. It lays down the principles of its organization and operation, the rules governing the activities of those involved in them, and the monitoring regime.

The issuance of securities should be reported to the National Commission for Securities Market, which is the body designated by the Securities Market Law for that matter.

The National Securities Market

The LMV requires the existence of a public law entity with legal personality and capacity to exercise the functions assigned to it by law and the Ministry of Finance in monitoring and inspection of the securities markets and a few people involved in them.

The CNMV... Continue reading "Securities Market Act: Regulation and Investment" »

The Presumption of Innocence

The presumption of innocence is a fundamental pillar of the criminal process model, marking a clear break from the inquisitorial system. It asserts that an accused person is innocent until a conviction has been issued against them. This right is recognized in all international human rights instruments.

Core Tenets of the Presumption

To rebut this presumption, a minimal evidentiary burden is required, which must accurately demonstrate the defendant's guilt. It should also be considered a rule of treatment, applying throughout all criminal trial proceedings, ensuring the accused is considered and treated as innocent.

The presumption of innocence demands that a guilty verdict is rendered only when certainty of the accused'... Continue reading "Criminal Justice: Presumption of Innocence & In Dubio Pro Reo" »

Legal Status and Capacity to Act

An individual possesses a natural ability to act that evolves with age. Colloquially, this is referred to as being a mature or immature individual. Its development depends on social circumstances, such as family and education. However, full mental maturity is generally reached by all individuals at a certain age.

The law takes into account this capacity to act, distinguishing between legal capacity and capacity to act.

• Legal Capacity: This is the capacity to have rights and obligations. All individuals possess legal capacity simply by existing.
• Capacity to Act: This is the ability to exercise those rights and fulfill obligations. It is acquired at a certain age, when it is socially accepted that an individual has

Business Legal Structures

When several individuals decide to pool money, capital, or project work to start a business, they typically form a company or business entity.

Limited Liability Company (LLC)

A key characteristic of an LLC is that liability is limited to the capital contributed by each partner. Its capital is divided into shares, and the minimum capital cannot be less than 3,005 units (currency implied). Partners must fully pay their capital contributions from the company's inception. Members may freely transfer their shares, though they must notify the company. Transmission to ascendants, descendants, and spouses is also free. However, transferring shares to third parties may have restrictions outlined in the company's bylaws.

Shareholders... Continue reading "Understanding Business Legal Structures" »