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

Expert Evidence and the Coroner

This section discusses the accuracy of underlying facts in criminal accusations, categorized by types of proof:

• Absolute Proof: By itself, defines the certainty of a legal fact.
• Evidentiary Proof: The conviction that facts bring to the expert.
• Non-Evidentiary or Relative Proof: That which does not establish certainty in expert evidence, leaving only a probability.
• Refuting Evidence: Having absolute value over all other evidence, sufficient to invalidate any positive finding.

Criminalistics and Legal Medicine

Criminalistics

According to Moreno and Gonzalez, Criminalistics is the discipline that applies the methods of natural science research in the examination of sensitive material significantly related to an alleged... Continue reading "Forensic Investigation and Expert Evidence" »

What is an Individual's Job?

An individual's job is one whereby an individual agrees to perform any work or provide professional services to another natural or legal person under the continuing dependence or subordination of this and through payment.

What are the Three Elements Essential to Ensuring an Employment Contract?

The three essential elements are:

1. The worker's personal activity is performed.
2. Continued subordination or dependency of the worker on the employer.
3. Pay for service as remuneration.

What is the Pattern Subject to When Establishing a Working Relationship with a Minor?

The pattern is subject to the fulfillment of all obligations of the contract. However, the official office of the Ministry of Labor may, ex officio or on application,... Continue reading "Understanding Labor Laws: Contracts, Rights, and Regulations" »

Item 6. SA and Limited Partnerships

1. Company Types

SA (Sociedad Anónima)

• Ideal for accessing capital markets.
• Mandatory for large companies.
• Minimum capital: €60,000.
• Partners choose the company's social purpose at incorporation.

Limited Partnership (Sociedad Limitada - SL)

• Suitable for small and medium-sized companies.
• Minimum capital: €3,000.

2. Characteristics of Corporations (SA)

1. Share Capital: Divided into shares, each representing a part of the social capital and granting ownership.
2. Social Capital:
   • Determined in the company's statutes.
   • Must be stable, with a minimum of €60,000.
   • If half the equity capital is lost, it may lead to bankruptcy.
   • Key Aspects:
     • Existence and Determination: Social capital must be established and divided into shares.
     • Stability

Commercial Documents

Bills of Exchange

Taxable Event: Refers to bills and documents that comply with a swivel function, i.e., remittance or money order.

Taxpayers: The drawer and others who draft documents issued.

Tax Base: Is rotated and takes the amount of the quota on a fixed scale.

Safeguards and Certificates of Deposit

Taxable Event: Issue or transfer of receipts or certificates of deposit.

Contributor: The issuer.

Tax Base: The nominal amount to determine the share, using the same fixed scale as for bills of exchange.

Form: Using a mobile ring (stamped paper can be purchased at newsstands). A receipt or certificate of deposit is a security issued individually and to the order. It concerns a bank deposit of a minimum amount, which is transferable... Continue reading "Taxable Events: Commercial and Administrative Documents" »

Actions and Characters:

• Equal Value: The shares will always be of equal value, expressed in Argentine currency.
• Different Kinds: The status can provide different kinds with different rights; within each class, all shares will carry the same rights. It is void otherwise.
• Individuality: The shares are indivisible.
• Joint Ownership: If there is joint ownership, condominium rules apply. The company may require unification of the representation to exercise the rights and fulfill social obligations.

Shares and Securities:

• Titles: Titles may represent one or more actions and be:
  • Bearer: The rights are acquired by mere possession.
  • Nominative Endorsed to the Order: Extended on behalf of a particular person and can be transmitted by endorsement.
  • Registered Non-

Commentary on the Law of July 21, 1876

This document provides an analysis of the Law of July 21, 1876, which details the consequences of abolishing the historical privileges in the provinces of Álava, Guipúzcoa, and Vizcaya.

This commentary will follow this structure: textual analysis and contextualization, concluding with a brief summary of the text's significance.

1. Location

a) Nature of the Text:

• By approach: Objective
• By content: Political
• By origin: Historical source

b) Authorship:

Individual. Officially authored by King Alfonso XII, but also signed by the President of the Council of Ministers, Antonio Cánovas.

c) Date:

July 21, 1876

d) Audience:

Public.

2. Analysis

The main theme of the text is the abolition of the privileges of the provinces of... Continue reading "Abolition of Basque Privileges: Law of July 21, 1876 Analysis" »

Challenging Regulations and Publication

Publication of regulations occurs in the corresponding Boletín Oficial. Challenges can be made before the competent judicial body according to the criteria of Article 8 ff. of the LJ [Ley de la Jurisdicción Contencioso-Administrativa].

A judgment pronounced on the validity of regulations takes full effect against third parties from its publication in the relevant Official Gazette.

Indirect Administrative Appeal

The indirect administrative appeal (recurso contencioso-administrativo indirecto) is brought against an act applying the regulation, which is relevant when one does not wish to challenge the regulation directly. The time limit is the standard one for administrative appeals. This action seeks the... Continue reading "Regulation Validity, Legal Challenges, and Law Hierarchy" »

The Spanish Constitution

The Spanish Constitution is the fundamental law of Spain. It was adopted by referendum on December 6, 1978, and published in the Official State Gazette (BOE) on December 29, 1978. The Constitution is divided into a preamble and ten titles, comprising 179 articles, plus four additional provisions, nine transitional provisions, one derogatory provision, and one final provision.

The Legislature

The State Legislature, the Cortes Generales, represents the Spanish people. The Cortes Generales are divided into two chambers: the Congress of Deputies (Congreso de los Diputados) and the Senate (Senado).

The Congress of Deputies

The Congress of Deputies represents the nation, and its members are organized by political parties. The... Continue reading "Spanish Constitution and Legislature: A Comprehensive Overview" »

Local Culture

Local culture refers to the shared beliefs, customs, and values of people inhabiting a specific geographical area.

Regional Culture

Regional culture encompasses the common culture shared by people within a larger geographical area, shaped by history and adaptation. Key features include:

• Inhabitants adapted to the geography, developing skills like ceramics, textiles, and jewelry making.
• Coexistence of various cultures with distinct traditions and customs within a region.

Cultural Diversity

Cultural diversity represents the multitude of ways different cultures express themselves. These traits are transmitted within and between groups and societies.

Identity

Identity is the sense of belonging to a particular community or people.

Belonging

Understanding Demonstrative Pronouns

Demonstrative pronouns in Portuguese help point out people or things in relation to the speaker and listener, or in text and time. Their main functions are:

Key Demonstrative Pronouns

• Este, Esta, Isto (This, These - near the speaker)
• Esse, Essa, Isso (That, Those - near the listener or recently mentioned)
• Aquele, Aquela, Aquilo (That, Those - far from both speaker and listener)

Uses of Este, Esta, Isto (This/These)

• Spatial Reference: Indicates something close to the speaker. Example: Este livro aqui é meu. (This book here is mine.)
• Textual Reference (Cataphoric): Refers to something that will be stated next. Example: Minha opinião é esta: devemos prosseguir. (My opinion is this: we should proceed.)
• Temporal Reference: