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

Legal Interventions: Telephone Communications

The doctrine and jurisprudence have largely addressed the omissions of the legislature regarding telephone communications. Such interventions may involve listening to or recording conversations, or simply monitoring calls made to or from a telephone. Once an order is issued, it shall be submitted directly to the telephone service provider for implementation. The outcome of the intervention must be presented to the court at the time ordered by the judge, and all relevant documentary data, along with any information for media dissemination, must be submitted.

Legal Interventions: Opening of Mail

Correspondence seized and referred to the judicial authority shall be opened for its content. This must be... Continue reading "Legal Interventions: Wiretaps, Mail Seizures, and Property Searches" »

Article 103: Contract Price Adjustment Conditions

Requirements for conducting appropriate price revisions:

1. The price review will take place when 20% of the contract has been executed and one review year has elapsed.
2. No price adjustment for fee-for-lease contracts, lease with option to purchase, or minor contracts.
3. The contract documents will detail the specific review formula and may specify conditions for its application.

Article 104: Price Adjustment System & Formulas

1. The price review is carried out with official formulas determined by the contracting authority. The Council of Ministers may adopt these formulas based on the report of the Advisory Board on Administrative Contracting.
2. The formulas reflect the contract price based on labor and

Labor Law Exam: Key Concepts

1. Characteristics of Overtime Work

• Its implementation is voluntary, unless agreed upon in collective agreements or employment contracts.
• Night workers and minors cannot work overtime.
• Hours worked to prevent or repair imminent damage, or other extraordinary and urgent situations, are not taken into account for maximum ordinary working hours or authorized overtime limits, without prejudice to their compensation as overtime.
• In the absence of a specific agreement, overtime will be compensated with equivalent paid rest days.

2. Statutory Reductions in Working Hours

Below are three causes for statutory reductions in working hours, indicating their duration and whether they are paid:

• Lactation: Workers are entitled to an hour'

Key Concepts of Spanish Democracy and Law

Democratic Institutions:

A set of institutions that, acting in a complementary manner, allow the good functioning of a country.

Legal System:

It is a hierarchical and coherent set of standards, developed by political power, which regulates coexistence within a country.

Hierarchy of Rules:

Relation of rank and subordination between different kinds of norms that shape the law of a state.

Constitution:

It is the supreme law that underlies the entire legal system of a country.

Constitution of 1978:

The Spanish constitution was the result of a broad agreement among political forces. The merit of the current constitution is that it represents a large majority of citizens.

Autonomy:

Self-government means for the nationalities

Historical Context and Adoption

• November 22, 1975: Joint session of the Council of the Realm and the Cortes, proclaiming the King.
• January 4, 1977: Political Reform Act promulgated.
• June 15, 1977: General Election held.
• October 31, 1978: The drafted text was approved by the full Congress and the Senate.
• December 6, 1978: Submitted to national referendum.
• December 27, 1978: The King, in a joint session of both Houses, sanctioned and promulgated the Constitution.
• December 29, 1978: Published in the BOE (Official State Gazette), entering into effect that day.

Structure of the Constitution

Preamble

Collects the principles underlying the articles.

Preliminary Title (Arts. 1–9)

The general principles of constitutional order.

Part I: Fundamental Rights and Duties

The Romanization of Hispania

Romanization was the process of acculturation, involving the acceptance of Roman culture by the inhabitants of the Iberian Peninsula. This slow process began as soon as the first Roman legionaries settled on the peninsula, particularly along the coast of Catalonia.

Key Vehicles of Romanization

Romanization was primarily achieved through two main vehicles:

• Language: Latin was learned out of necessity.
• Law: The existence of written laws was crucial for integrating human groups into Roman citizenry. These laws ensured that everyone knew the rules governing society and the consequences of not adhering to them.

It was also important to ensure acceptance for all citizens. While there was equality of citizens before the law... Continue reading "Roman Influence in Hispania: Culture, Law, and Society" »

The Employment Contract Explained

An employment contract is an agreement between two parties where one (the worker) undertakes to provide specific services under the direction of the other (the employer) in return for compensation.

Parties in an Employment Contract

Defining the Worker

Workers are individuals who voluntarily perform work within the organization and under the direction of an employer, receiving a wage in return for the results of their labor.

Worker Eligibility and Restrictions

The capacity to be recruited as a worker applies to:

• Individuals older than eighteen.
• Individuals under eighteen who are legally emancipated.
• Individuals over sixteen and under eighteen, provided they live independently or have permission from parents or legal

Understanding Discretionary and Administrative Acts

What is a Discretionary Act?

Discretionary acts are those in which the administrative authority is granted the power to decide the general interest in a particular case. This attribution must be exercised in compliance with constitutional and legal requirements applicable to all administrative acts, specifically ensuring the absence of arbitrariness.

Evolution of Discretionary Acts

Initially, discretionary acts were viewed as a manifestation of royal power and authority, thus being free from control. This concept has since been significantly attenuated. Today, discretionary acts refer to those where the authority is free to decide, but they remain strictly subject to the control of legality.

Features

Introduction to the Legal Concept of 'Type'

The concept of 'type' is broadly considered as the sum of all its constituent elements, a concept to which reference is made in legal theory. Ernst von Beling alludes to the word 'type' in the general sense of law as the set of all presuppositions whose existence is tied to a legal consequence. Article 19 outlines elements of crimes.

Beling's Structural Analysis of Crime Types

Beling's structure for understanding crime types includes:

• Type of crime (criminal figure): The specific definition of the offense.
• Legality: The leading legal principle.
• Type of lawfulness: Identified by unlawful acts referred to a particular figure.
• Type of guilt: The specific intent required by a figure.
• Typical alignment: The relationship

Research Instruments in Judicial Inquiries: Measures Limiting Fundamental Rights

For more effective prosecution of crimes, the law governing certain cases allows, under specific conditions, the use of investigative techniques through which the public can make a legitimate intrusion into the sphere of certain fundamental rights. These measures are reserved for judicial inquiry precisely because a judge's intervention ensures compliance with the requirements and limits of the interference. They are means of investigation to be carried out only during the investigation, used to determine the circumstances surrounding the facts. To use any of these means of investigation, a court order is constitutionally required, and there must be reason to believe... Continue reading "Judicial Inquiry Research Instruments: Limiting Rights" »