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

Precautionary Measures in Legal Proceedings

To adopt a precautionary measure, which is instrumental to a main process, it must be temporary and meet three proportional requirements:

• A prima facie case (a reasonable appearance of a case).
• A risk to the effectiveness of the process (periculum in mora, or danger of delay).
• A reasoned decision for its adoption.

It must be argued that there is sufficient evidence of criminal acts and that the person against whom the measure is enacted is responsible for them. The danger of delay specifically refers to the possible disappearance of the accused; if the accused is not available, the trial could not be held.

Personal Precautionary Measures

In the course of criminal proceedings, before a firm conviction for... Continue reading "Precautionary Measures and Arrest in Criminal Law" »

Understanding Spanish Autonomy and National Unity

Section 2: The unity of the nation is a fundamental fact, considered to exist prior to the Constitution and therefore unchangeable. Article 1.2 defines our sovereignty and national levels. This article is a remarkable and somewhat redundant expression of the tension between centralist, autonomist, and federalist forces. It is the only instance where the Constitution recognizes and guarantees the right of regions and nationalities to constitute themselves as Autonomous Communities. The Constitution manages the radical concept of a single nation, thus establishing a single state. This article is further developed by Title VIII, Chapter 3.

Article 143.1: Establishing Autonomous Communities

Article... Continue reading "Spanish Constitution: Regional Autonomy and National Unity" »

Confederation of States: Definition and Structure

Concept of a Confederation

According to García Pelayo, a Confederation is the relationship between States, created by an international agreement, with the intention of perpetuity, which leads to a power that is exerted on Member States and not, immediately, on individuals.

Legal Nature and Historical Context

From a historical point of view, the Confederation has a fluid nature, often seen as a mere alliance between a League and a Federal State. In any case, it belongs primarily to international law, since it holds no immediate power over the citizens of each State. When in doubt, the competition and the law of the particular state prevail.

Constitutional scholars are interested in its study for... Continue reading "Confederation vs. Federal State: Legal and Structural Differences" »

Protection of Personal Data

The second case is the protection of Personal Data. Workers are entitled to have their Personal Data handled by the employer used only for the purpose for which it was given. It cannot be assigned to someone else and must be guarded securely.

Duties of Workers

Diligence and Good Faith

Workers are required to exercise diligence and adhere to the rules of good faith. Regarding care, the provision of services must apply all their knowledge that can be externalized in performance. Gross or qualified negligence could result in a breach that may lead to dismissal. If a worker does not reach the agreed-upon or usual performance level, it may be attributed to the employer if the employer does not provide the appropriate instruments.... Continue reading "Employee Rights and Employer Powers in Spain: Key Labor Laws" »

Birth Registration Procedures

Declaration Deadlines (Articles 19 & 20 LOPNA)

The study emphasizes the following requirements:

1. If the birth occurs in a public institution, the declaration of birth must be immediate (Art. 19 LOPNA).
2. If the birth does not occur in a public health center, the declaration must be made before a public official within a period not exceeding 90 days. Failure to comply may result in fines (Arts. 19 & 20).

Special Cases for Birth Registration

Birth Abroad (Article 470)

If the birth occurred abroad, the diplomatic or consular officer of the Republic is authorized to issue the Heading (certificate/record) and shall send authentic copies to the first civil authority of the parish where the parents reside in Venezuela.

Birth

Early Civil Service Regulations in Mexico's Comptroller's Office

Grounds for Disciplinary Action (1920s)

The following were grounds for disciplinary action within the Comptroller's Office in the 1920s:

• Residing outside the locality where the office providing the service is located, without due permission.
• Refusing to provide services where requested, in accordance with firm instructions and despite protest.
• Other serious cases that violate relevant regulations.
• Notorious lack of discipline and morality, including instances that lead to criminal charges.

At the time, consideration was given to incorporating this agreement into the Law and Regulations of the Comptroller, which eventually occurred.

Regulation of Examinations (1925-1927)

On June 25, 1925,... Continue reading "Comptroller's Office: Early Civil Service Regulations" »

Essential Political Terms and Government Systems

This document provides clear definitions for fundamental political terms, concepts, and forms of governance. Understanding these terms is crucial for comprehending political science and civic structures.

Monarchy

A form of state organization in which the power of popular sovereignty is held by a king, almost always hereditary.

Parliamentary or Constitutional Monarchy

A monarchy in which the government is accountable to the parliament.

Republic

A form of state organization in which its head is chosen for a determined period.

Federal Republic

A political system in which several states, possessing autonomy, are subject in certain cases to the decisions of the central government.

Dictatorship

A political regime... Continue reading "Essential Political Terms and Government Systems Defined" »

Measures: Legislative and Administrative Structure After the 1978 Constitution

Political transitions play a crucial role in shaping care arrangements for individuals with disabilities. Article 49 of the European Commission (EC) mandates government intervention on behalf of disabled individuals, ensuring specialized attention and protection of their rights. This reflects both prior practices and the spirit of current international standards.

Given the numerous provisions, multiple administrative bodies, and the constitutional mandate, systematizing conduct within the disability field became essential. This led to the Law on Social Integration of Individuals with Disabilities of April 7, 1982 (LISMI), along with subsequent developmental measures.... Continue reading "Spain's Disability Integration Law (LISMI) Post-1978 Constitution" »

Social Irregulars

If a company has effective traffic, it concludes that it is relevant and cannot be ignored. If a company is a collective society, that discipline (mercantile society) is governed by the most rigorous, and defends third parties. If the right of the form adopted is simple, applicable standards are of this type. If it is a public limited company, limited by shares, or limited, the rules of civil society are applied, as it is, to its obligations and activity. The irregular company is valid. Joint and several liability. Article 120 of the Commercial Code establishes the managers against third parties.

De Facto Companies

The name of the company, despite being affected by a defect of nullity, or cancellation, has come to intervene in... Continue reading "Understanding Business Structures and Commercial Contracts" »

Understanding Civil Law and Tort Liability

When an individual is aggrieved, whether materially or morally—injured in their privacy, image, or rights—they may seek redress through the civil courts. The aggrieved person, acting as the plaintiff (or claimant), files a complaint (a lawsuit) against the person who caused the injury or wrong (tort), known as the defendant (or respondent).

The plaintiff sets out their claims, which the defendant must satisfy. The person who caused the tort is often called the tortfeasor (author of the injury). The branch of civil law that protects injured parties from these wrongs, covering moral and material damage, is known as the Law of Damages and Tort Liability (or Law of Tort).

The Four Major Torts

The four... Continue reading "Civil Litigation and the Law of Tort Liability" »