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

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Fundamental Rights: Thought, Religion, and Association

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Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other media of their choice.

2. The exercise of the right in the foregoing paragraph shall not be subject to prior censorship but to subsequent liability, which shall be expressly established by law and are necessary to ensure:

  • a) Respect for the rights or reputations of others
  • b) The protection of national security, public order, health, or morals

Freedom of Religion

Religious freedom, or freedom of conscience, is a fundamental right that relates to the choice... Continue reading "Fundamental Rights: Thought, Religion, and Association" »

Traffic Regulations: Obstacle Removal, Accidents, Permits

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Removal of Obstacles

Article 79

Administrative authorities or enforcement bodies within their jurisdiction are empowered to remove obstacles, construction, vehicles, or objects that are located, parked, presumed abandoned, or are held in public, in prohibited areas or places that hinder the normal development of vehicular and pedestrian circulation. The Rules of this Act shall establish the procedure to be followed in these cases.

Responsibility for Removal of Vehicles

Article 80

The power to remove vehicles parked by the Administration does not relieve responsibility for damage caused to them due to wrongful action in the operation completed. In any case, the administration, the owners of the trailer units, and their guarantors are jointly responsible... Continue reading "Traffic Regulations: Obstacle Removal, Accidents, Permits" »

Financial Law: Regulations, Legislative Decrees, and More

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Financial Law: An Overview

Law in financial management encompasses regulations concerning income and expenditure. These laws serve as policy instruments to manage the financial system, addressing both revenue and expenditure. They highlight the prevalence and greater relevance of the law compared to other sources of legal guidance.

According to the European Community (EC), two types of laws must be distinguished: organic and ordinary.

Organic Laws

Under Article 81, Organic Laws are reserved for specific matters, such as the development of fundamental rights, statutes of autonomy, the general electoral system, and other matters provided for in other provisions of the EC. In general, financial matters are not reserved for Organic Laws. However, some... Continue reading "Financial Law: Regulations, Legislative Decrees, and More" »

Spanish Administrative Act Enforcement: Principles & Tools

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1. Who Enforces Administrative Acts?

The enforcement of administrative acts corresponds to:

  • The Administration in any case
  • The courts, if entry into the domicile of the affected party is required
  • The Administration as a rule, with exceptions from Article 95 LRJPAC
  • All are correct

Explanation

Enforcement is, as a rule, carried out by the Administration itself, a manifestation of the so-called executive self-protection (autotutela ejecutiva). This is established in Article 95 of Law 30/1992 (LRJPAC - Law on the Legal Regime of Public Administrations and Common Administrative Procedure). Exceptions include:

  • Suspension of the effectiveness of the act in question.
  • When the Spanish Constitution or other laws require judicial intervention (e.g., for entry
... Continue reading "Spanish Administrative Act Enforcement: Principles & Tools" »

Ethical Relationships in Engineering Practice

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Ethical Relationships in Engineering

2. In the Relationship with the Company

Loyalty

Beyond compensation, one must take into account the work environment that exists in the company, and this depends entirely on the attitude that everyone takes within the team. It becomes very important to build trust, which depends on the relationship and loyalty each worker establishes with the company.

Loyalty is affected by competition. The company gains prestige through the service and the quality of products offered. In this sense, the engineer plays a crucial role since they are responsible for innovation and improvement. This condition can cause some practitioners to take advantage of their status.

There is a loyalty to the company according to the engineer... Continue reading "Ethical Relationships in Engineering Practice" »

Venezuela Security Act: Transitional and Final Legal Provisions

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Title VI: Transitional and Final Provisions for National Security

Chapter I: Transitory Provisions

Article 57. Update of Data and Records

National, state, and municipal entities, or those responsible for the control and registration of persons, goods, and activities within the security zones established by this Act, shall be required to update and provide such data and information within a period not exceeding six (6) months from the publication of this Act, for submission to the National Executive. The Council of National Defense is required to create a national registry of security zones to safeguard data and information, allowing the State, through its bodies, to monitor, control, and supervise persons, goods, and activities within these zones.... Continue reading "Venezuela Security Act: Transitional and Final Legal Provisions" »

Tax Notification Procedures and Requirements

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The notice of administrative actions must generally perform reliably, i.e., proving effective against third parties for the receipt and identity of the notified document. Regardless of the general rules governing service in the administrative field, the LGT (General Tax Law) provides specific regulations concerning the place of notifications to persons entitled to receive notice and hearing. These issues are detailed in Articles 109 to 112 of the LGT.

The LGT sets the notification system under general administrative rules, with the following specialties:

Place of Notification Practice

  • Proceedings at the Taxpayer's Request: Notification occurs at the place appointed for that purpose by the obligor or their agent, or at the tax residence of either.
... Continue reading "Tax Notification Procedures and Requirements" »

Spanish Constitution of 1812: Key Features and Debates

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The Spanish Constitution of 1812: A Landmark in History

The Constitution of 1812 was one of the most important political reforms in Spanish history. Its development began in early December 1810. The constitutional commission commenced its work in March 1811 after the courts moved from the Isla de León to the oratory of San Felipe Neri in Cadiz. In August 1811, discussions began on its lengthy articles, the largest of any Spanish constitution (including 10 titles and 384 articles). Its creators intended to clearly define their idea of a liberal state and the rights of citizens.

Content Breakdown

  • Titles 1 and 2: Refer to national sovereignty, the separation of powers, and the rights and obligations of the Spanish.
  • Title 3: Refers to the courts.
... Continue reading "Spanish Constitution of 1812: Key Features and Debates" »

Understanding Promissory Notes and Checks

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Promissory Notes

Functions similarly to a postdated check regarding the current account. It serves as a payment document delivered to a holder, who cannot make it effective until the date shown on it. Promissory notes are standardized and are issued by banks or companies with a format similar to a check.

A promissory note should contain:

  • Title of note
  • Pure and simple promise to pay an amount
  • An indication of maturity
  • Place of payment
  • The name of the person to whom payment is to be made

Checks

A very useful method of payment, as its mere delivery transfers the amount of money it represents to another person. The recipient can cash it at the issuing bank or deposit it in another bank for collection.

From a legal point of view, a check is a valuable instrument... Continue reading "Understanding Promissory Notes and Checks" »

Understanding Brazilian Labor Law: Vacation Rights and Obligations

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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

... Continue reading "Understanding Brazilian Labor Law: Vacation Rights and Obligations" »