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

System Security: Prevention and Relief

The security system is an integrated package for the prevention and relief of personal risks through individualized and measurable economic benefits.

General System Eligibility

• Persons aged 16 years and foreigners residing in Spain.
• Employed workers, salesmen, bullfighters, artists, professional athletes, prisoners, clergy.
• Individuals working in roles that necessitate inclusion in special work schemes.
• Individuals with marginal employment that does not constitute a primary way of life.

Special Arrangements

• Agrarian workers.
• Self-employed workers (autónomos).
• Special Scheme for domestic employees.
• Special Scheme for coal mining.

General Social Security Scheme

A) Company Registration

Any employer recruiting workers... Continue reading "Spanish Social Security System: Registration and Benefits" »

Basic Rules
The basic rules to follow in terms of Social Security (SS) are as follows:

1. General Law SS: RD 1 / 1994 of June 20th.
2. Law of PGE: Drafted annually.
3. Rules of Contributions to the SS: Drafted annually.
4. Fiscal, Administrative, and Social Order: Annual production.
5. General Regulations for Charging the SS System.
6. RD 1637/1995: 6 October.
7. General Rules of Trading, Settlement, and Other Rights of the SS: RD 2064/1995.
8. General Regulations on Disposal of Businesses, Affiliation, High, Low, and Variation Data of Workers in the SS.
9. RD 84/1996: 26 January (Family Conciliation Act: Act No. 39/1999. Act for Effective Equality Between Men and Women: Law 3 / 2007).
10. Measures to Improve Family Protection: DR. 1 / 2000 of 14 January.
11. Rules of the CCAA.
12. Conventions

Specific Content of Marriage Records (Art. 89)

The marriage record, or minutes, must contain the following specific information:

1. The full name, identification (ID), age, profession, place of birth, and address of each of the parties.
2. The full names, professions, and domiciles of the father and the mother of each of the parties.
3. The declaration made by the husband and wife, confirming their intent to marry.
4. The statement made by the contracting parties regarding the recognition of children, if applicable.
5. The full name, identification (ID), age, profession, and address of each of the witnesses.

Provisions for Deaf or Mute Parties in Marriages

In cases involving deaf or mute individuals, their expression of consent must be in writing if they are able... Continue reading "Marriage Record Requirements and Procedures" »

Substantive Clauses

Substantive clauses function as nouns or noun phrases within a sentence. Nexus: that, if, interrogative pronoun.

Adjective Clauses (Relative Clauses)

Adjective clauses modify nouns, just like adjectives. The noun being modified is called the antecedent. Adjective clauses are also known as relative clauses because they are introduced by relative pronouns, adjectives, or adverbs.

Links:

• Relative pronouns: who, whom, whose, which, that
• Relative adjectives: whose
• Relative adverbs: where, when, how, why

Types of Adjective Clauses:

Restrictive (Defining) Clauses

Restrictive clauses limit or define the meaning of the noun they modify. They are essential to the sentence's meaning.

Example: Students living far away arrived late. (This limits... Continue reading "Understanding Subordinate Clauses: Adjective and Adverbial Types" »

Civil Servants (Funcionarios)

Individuals employed in public administration roles, operating under a statutory appointment. This typically involves permanent service and a fixed salary. They may serve the administration on a temporary or statutory basis.

Selection Systems

• Opposition (Oposición): Candidates undergo one or more tests to demonstrate their capacity for the vacant position.
• Contest (Concurso): Candidates are selected based on the assessment of their merits (e.g., experience, qualifications) without competitive examinations.
• Contest-Opposition (Concurso-Oposición): A combined procedure involving both the assessment of merits and the successful completion of specific tests.

Career Progression

Professional Classification

Jobs are classified... Continue reading "Spanish Public Administration: Roles and Processes" »

First Aid Procedures

PAS: Protect, Alert, Assist

Protect: Prevent further accidents. This includes:

• Visibly signal the accident site.
• Cut off electric power if machinery is involved.
• Divert traffic away from vehicles.

Alert: Notify emergency services. To express with clarity and precision, state where you are calling from and indicate the exact location.

Assist:

• Check if the injured person is breathing or bleeding.
• Speak to them to see if they are conscious.
• Check for a pulse.

Prioritizing Injured Persons

Order of priority for assisting injured persons:

1. Unconscious, without breath or pulse.
2. Severe wounds or heavy bleeding.
3. State of shock.
4. With open wounds.
5. Serious injuries.
6. Fractures, eye burns.
7. Remaining casualties.

Triage

Classification of injuries to separate... Continue reading "Essential Safety, Business & First Aid Information" »

The Evolution of Constitutionalism: Foundations and Debates

The concept of a constitution as a fundamental norm raises a crucial question: can and should the validity of the State's rules be judged based on a foundational rule that precedes the very authority of the State? This perspective suggests that the State itself exists only as a result of a meeting of minds, an elected leadership that the government should pursue jointly.

Historical Phases of Modern Constitutionalism

For some scholars, the opening phase, marked by the constitutions of the post-World War II era, represents the second major phase in the history of modern constitutionalism – the history of rights and freedoms. This follows the first phase, characterized by revolutions.... Continue reading "Constitutionalism's Evolution: Rights, State Power, and the Bill of Rights" »

Key Declarations of Fundamental Rights (18th–20th Century)

This compilation lists significant declarations and conventions concerning fundamental rights:

1. The Bill of Rights of Virginia, 1776 (U.S. wedge)
2. The Act of Independence of the United States, 1776.
3. The Declaration on the Rights of Man and Citizen, 1776.
4. The American Declaration of the Rights and Duties of Man, 1948.
5. The Universal Declaration of Human Rights, 1498.
6. The European Convention for the Safeguarding of Human Rights and Fundamental Freedoms (Rome Convention), 1950.
7. The International Covenants on Economic, Social and Cultural Rights and Civil and Political Rights, 1966.
8. The American Convention on Human Rights (Pact of San José de Costa Rica), 1969.
9. The Final Act of the Conference on

Canadian Criminal Justice and Policing Terminology

Foundational Legal Concepts

Criminal Code

Federal legislation that sets out criminal law procedures, rules for prosecuting federal offenses, and sentencing guidelines.

Canadian Charter of Rights and Freedoms (Charter)

A fundamental component of the Constitution Act that guarantees basic rights and freedoms to individuals in Canada.

Constitution Act, 1867

The constitutional authority defining the division of legislative responsibilities between the federal and provincial governments.

Rule of Law

The foundational principle of the Canadian Legal System, ensuring that all persons are subject to and accountable under the law.

Stare Decisis

The legal principle by which higher courts set binding precedents that... Continue reading "Key Concepts in Canadian Criminal Justice and Policing Terminology" »

Commentary on Article 6 of the Organic Law of the State (1967)

This document, a primary legal and political source, represents one of the fundamental laws of the Franco dictatorship in Spain. Authored by the Spanish government, it exemplifies the legal framework of the regime. The Franco regime, a conservative military dictatorship, ended with Franco's death. Despite its illiberal and undemocratic nature, the dictatorship aimed to establish a set of basic laws. These included the Labour Law (drafted during the Civil War), the National Development Law, and other legislation outlining Franco's principles. However, the legal apparatus remained incomplete, requiring court appearances to clarify legal interpretations.

Purpose and Context of the Organic