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

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:

Fundamental Branches of Legal Systems

The legal system is composed of various specialized branches, each regulating specific aspects of community life and governance.

Branches of Law Defined

Positive Law

Positive Law is the set of legal rules binding on the members of a community.

Constitutional Law

This branch deals with the rules of state organization, the creation of powers, and the relationship between the state and individuals. It establishes their rights and guarantees through the interpretation of principles and statements contained in the National Constitution (NC).

Administrative Law

Administrative Law relates to the regulation of state government, defining the relations between public power and different administrative bodies or individuals.... Continue reading "Essential Branches of Law: Definitions and Application" »

Spain's Democratic Transition: Elections, Constitution, and Autonomy

Elections

The Cortes (Parliament) were composed of two chambers: the Chamber of Deputies and the Senate. With the legalization of all political parties, Spain conducted its first democratic elections since the Second Republic. The UCD (led by Adolfo Suárez) received a plurality of votes, closely followed by the PSOE. The PCE suffered a strong setback. The AP (Popular Alliance) was penalized for its commitment to the Franco regime, virtually disappearing. Extreme-right nationalist parties obtained results that foreshadowed their future role.

The Constitution

The elections initiated a constituent process, as the newly formed Cortes lacked a foundational text to define governmental... Continue reading "Spain's Democratic Transition: Elections and Constitution" »

Engel v. Vitale (1962)

Protecting Individual Freedoms

Separation of church and state; prayers must not be mandatory in schools.

Plessy v. Ferguson (1896)

End of Gilded Age

"Separate but Equal" is the law of the land.

Tinker v. Des Moines Public Schools (1969)

Vietnam War Era

Freedom of speech doesn't stop at the schoolhouse gates. Students can wear what they want as long as it doesn't prevent learning.

Roe v. Wade (1973)

Women's Rights Movement

Women have the right to an abortion within the first trimester of a pregnancy.

Gideon v. Wainwright (1963)

Liberal Courts Protect Rights of Everyone

Accused must have competent legal counsel even in non-capital cases.

Marbury v. Madison (1803)

Jefferson is President

Midnight judges; the Supreme Court gets the power of... Continue reading "Landmark Supreme Court Cases and Fair Trial Rights" »