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

Understanding Contract Interpretation

The interpretation of a contract refers to its meaning and significance. Several criteria or elements are used in this process.

Criteria for Finding Contract Meaning

Literal Interpretation (Words)

This involves a literal interpretation of the contract. If the terms of a contract are clear and leave no doubt about the intention of the contracting parties, the literal meaning of its clauses prevails. If a word appears to conflict with the clear intention of the parties, the intention will prevail over the literal word.

Systemic Interpretation (Terms)

Contract terms should be considered in relationship with each other. This is a systemic interpretation. The terms of the contract must be interpreted in relation to... Continue reading "Rules for Interpreting Contract Meaning" »

Title VII: Budgetary System

Article 60: The Republican Moral Council does not display or sort the general supervision file. A decision may allow judicial copying, displaying, or inspection of any particular document, record, or book that corresponds to the file, except for documentation, books, or records that are of a privileged and confidential nature, according to the consideration of the President of the Republican Moral Council.

Article 61: Certified copies requested by authorities or individuals from the Republican Moral Council are issued by the Executive Secretary in cases where the President deems it appropriate. Certified copies may be issued through photographic processes, photocopies, or similar methods.

Article 62: Those who have... Continue reading "Venezuelan Citizen Power: Regulations and Operations" »

Chapter III: Sanctions for Medical Ethics Breaches

Article 83: Types of Sanctions

The Professional Ethics Court, in response to breaches of medical ethics, shall impose the following sanctions, according to their severity or the nature of the violation:

• a) Private reprimand;
• b) Censure, which may be:
  1. Written but private.
  2. Written and published.
  3. Verbal and public.
• c) Suspension from the practice of medicine for up to six months;
• d) Suspension from the practice of medicine for up to five years.

Article 84: Branch Court Competence

The Professional Ethics Branch Court is competent to apply the penalties referred to in subparagraphs (a), (b), and (c) of Article 83 of this Act. If, in its opinion, there is merit for the suspension referred to in subparagraph... Continue reading "Medical Ethics Sanctions & Disciplinary Appeals" »

Commercial Companies

Commercial Company:
A union of two or more people, according to one of the types specified in Law 19,550, in an organized manner. The parties agree to make contributions, either for the production of goods or services, and share the resulting gains or losses.

Nature

• Existence of Two or More People: A commercial company is distinct from a one-person business.
• Reciprocal Benefits: Each partner is committed to making contributions.
• Typical: Its constitution must fall into one of the types legislated in an organized society.
• Production or Exchange of Goods or Services: Always for-profit.
• Participation in Gains and Losses: The corporation can have earnings or losses that members must endure.

Constitution

Contract

• Private Instrument: Among

Legislative Decrees

According to Article 85 of the Spanish Constitution, legislative decrees are government regulations containing delegated legislation. For the government to issue a legislative decree, Parliament must authorize it through a law delegating the exercise of legislative power.

The Constitution permits the delegation of rule-making power, but only under specific circumstances and limitations. The government exercises delegated legislative power within the bounds authorized by Parliament.

Classes of Delegation

There are two classes of delegation according to their intention:

• Basic Law:

  This type of delegation aims to empower the government to create a new text of articles. Basic laws cannot be approved by Commission. They also cannot,

The Habit (Custom): Concept and Characteristics

Concept of Custom

In the list of sources of law, custom follows law. The fundamental difference between the two lies in their source of origin. Law originates from the political organization society establishes to develop guidelines or standards of living. Custom, conversely, originates from society itself, unorganized, and through the observation of repeated behavior, it becomes compulsory.

Elements of Custom:

• Material Element: Repetition of a behavior.
• Spiritual Element: The conviction that the behavior is obligatory (opinio juris sive necessitatis).

Characteristics of Custom

Custom is an alternative source of law, leading to two main consequences:

1. Customary law is applied only when there is no specific

Question on Jurisdiction

In one complaint, in apparent connection, Joseph was charged with practicing three burglaries in Campinas and a theft in Americana, the latter in May and the former in April of this year. In that case, the power to decide on the eventual receipt of the complaint and prosecution of their criminal action is:

(B) Of the Criminal Court of the District of Americana.

Choose the Correct Alternative:

(C) A Minister of the Federal Supreme Court, responsible for a crime, will stand trial before the Senate. (CR/88, 102 c).

State Military Justice Competence

Regarding the competence of the State Military Justice, mark the correct alternative:

() The judge deems peculiarly military crimes committed against civilians, and the Council of

Understanding Active and Passive Bribery

Passive Bribery

Passive bribery occurs when:

• The perpetrator is an authority or public official who requests or receives consideration.
• The typical action involves requesting or receiving an offer or promise of economic value (regardless of the amount or timing) for performing an act that only the official can perform, and this compensation is not legally entitled.
• The legal interest protected is the duty of neutrality in public administration.
• Offering or accepting gifts in traditional situations where the value is small and the behavior is socially appropriate is not considered bribery.

Proper Passive Bribery

Article 419: Any authority or public official who, for their own benefit or that of a third party,... Continue reading "Understanding Active and Passive Bribery in Criminal Law" »

-ISM

• Consumer - Consumerism
• Environment (adj) - Environmentalism
• Professional (adj) - Professionalism

-IST

• Biology - Biologist
• Optimism - Optimist
• Pacifism - Pacifist
• Physics - Physicist
• Piano - Pianist
• Race - Racist

-SHIP

• Citizen - Citizenship
• Friend - Friendship
• Member - Membership
• Relation - Relationship

-(E)TY

• Anxious - Anxiety
• Safe - Safety

-ITY

• Creative - Creativity
• Equal - Equality
• Generous - Generosity
• Popular - Popularity

-NESS

• Aware - Awareness
• Ill - Illness
• Kind - Kindness
• Lonely - Loneliness
• Weak - Weakness

-ENCE

• Confident - Confidence
• Different - Difference
• Intelligent - Intelligence
• Patient - Patience

-URE

• Literate - Literature

Cultural Freedom of Communication

Government Commitment to Culture as a Right

The Spanish Constitution recognizes culture as a fundamental right, requiring positive action from the government. This right is central to the Constitution, providing a comprehensive vision of various cultural phenomena.

The Principle of Enculturation: Democratic and Universal Culture of Fundamental Rights

Fundamental rights, embodying freedom and tolerance, are integral to culture. They represent the highest values of every culture, universally recognized through intellectual reflection.

Culture encompasses the spiritual, material, intellectual, and emotional characteristics of a society or social group. This includes arts, literature, lifestyles, fundamental rights,... Continue reading "Cultural Heritage Law and Freedom of Communication in Spain" »