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

Pretrial Detention

Pretrial detention is recognized as a necessary evil in all legal systems. It represents the most serious interference that state power may exercise in the sphere of an individual's freedom without a criminal conviction. A strong justification is needed to warrant it. It consists of the total deprivation of the accused's fundamental right to freedom of movement through their confinement in a prison facility for the conduct of criminal proceedings. It is implemented when it is the only way to ensure the normal course of criminal procedure. The only constitutionally legitimate purposes that detention may serve are to prevent the flight of the accused, which might hamper the investigation, and to prevent the concealment or destruction... Continue reading "Understanding Pretrial Detention and Probation in Criminal Proceedings" »

The Presidential System

The Presidential System

While both systems may appear different, one featuring a monarch with secretaries and the other a parliament making crucial legal rules, the political formula known as "presidential leadership" relies on the president's moral and political influence to implement decisions within the state structure.

The presidential regime, similar to a limited monarchy, allows the legislature and executive to perform their roles without creating dependency relationships.

Basic Features of a Presidential Regime:

1. Monistic Executive Power: The head of state and head of government are the same person: the president. The president, directly elected by the people, possesses popular legitimacy and governs. They freely appoint

Summary teaching the theory of the effects of the collective agreement on the wording of a double top, namely:

1. Principle of the Ripple Effect

In consequence of which the provisions of the Convention apply equally to workers hired before, during, and after its term (articles 508, 509, 524 LOT). Likewise, this principle refers to the collective agreement applies not only to union members that have signed but also to workers not affiliated to that organization, being indifferent to it, or be affiliated with other minority unions.

2. Principle of Automatic Effect

Under which the provisions of the collective agreement clauses become mandatory and an integral part of individual employment contracts concluded or concluded during its validity, with... Continue reading "Collective Agreement Effects: A Comprehensive Analysis" »

Item 2: Legal Issues on Company Sales

Sales

A sale is a legal transaction involving the transfer of property between a buyer and a seller.

Duties

The buyer's essential obligation is to pay for the acquired goods. The seller's obligations include:

• Delivering the goods
• Ensuring the goods are free of defects (both apparent and hidden)
• Protecting the buyer's right to the purchased item against legal challenges (eviction)
• Supporting the buyer in any new activity related to the goods
• Refraining from competing with the buyer

Seller Specialties

Sellers can specialize in various types of property, including real estate, personal property, industrial property, credits, debts, contracts, accounts, and customer bases.

Lease

A lease is a contract between a landlord... Continue reading "Legal Framework for Business Transactions and Commercial Law" »

Real Precautionary Measures in Criminal Proceedings

Real precautionary measures are economic safeguards designed to secure the corpus delicti (body of the crime) and potential civil liabilities stemming from the commission of criminal offenses. These measures can be levied on both real and personal property.

The Criminal Procedure Code (CPP) typically places no limitations on the types of property or assets that may be subject to these measures. They apply to anything relevant to the offense, regardless of its location, provided it relates directly to the crime. Essentially, they serve as security and conservation measures for properties and items that will later be assessed by the court.

Seizure of Property and Assets

Seizure of things and property... Continue reading "Legal Safeguards: Precautionary Measures and Habeas Corpus Explained" »

Evidence and Proof in Legal Proceedings

Evidence: Procedural activity of the parties and the judge, directed towards making the latter's conviction about the truth or certainty of the facts asserted by the party, which takes place mainly in the trial. Only through the evidence carried out at the trial may the legal conviction be formed. The purpose of the evidence is essentially the facts.

Valuation of Proof

Valuation of Proof: The principle of free assessment of evidence, which conforms to the rules of logic, to the maximum of experience and accepted scientific knowledge.

Consequences:

1. The court has the obligation to reason or provide evidence to motivate the result in its sentence. There is no evidence worth more than another.
2. Neither the Supreme

The Greek Root of Democracy

In ancient Athens, the government was in the hands of all citizens.

Differences from Modern Democracy

• A basic difference is the size of communities. In ancient Greece, communities were small, and all their members were known.
• There were also compact and economically independent communities.
• They practiced direct democracy not only in deliberations and decisions but also in their implementation.
• Democracy constituted a way of life. Daily life mainly focused on political participation.

Similarities with Modern Democracy

• In the Athenian polis, rational argument was the foundation of all political power. Whoever exercised authority must always provide reasons acceptable to the public.
• There is a relationship between citizenship

Industrial Property (Commercial)

A set of intangible fixed assets affords legal custody to business owners, protecting the value of their assets and differentiating their companies within the market. Key elements include:

• Brand Name: Products or services identified by customers through brands.
• Industrial and Artistic Designs: Lines, shapes, colors, or elements that distinguish products (industrial design) and may include reproductions of artwork.
• Patents: Protect new inventions. There are three types of inventions:
  • Inventions of Order: Made by an employee during their contract term, specifically for the purpose outlined in the contract. The invention belongs to the employer, unless it is deemed significant, in which case the employee may be entitled

Sections and Polling Stations

Topic: The provincial/territorial division that ensures an orderly election day and provides citizens with information to exercise their vote.

The Table: The final place in the section where citizens cast their ballots. A section may have several tables, often divided by last name.

The board is composed of a president and two members. The municipality of the area organizes it. Members are appointed by lot from among designated persons in that section who are under 65 years old and literate. Those over 65 belong to the 3rd Age group.

The president must have a Bachelor's degree, vocational qualification, or graduate degree. A deputy chairman must also be elected.

Failure to attend by the president or members is a crime;... Continue reading "Understanding Electoral Sections and Processes" »

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" »