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

The Legal Process: Understanding Claims and Their Elements

The legal process is initiated by a claim or declaration of will from the plaintiff or prosecutor, filed in court against the defendant or accused. In civil proceedings, it seeks the recognition of an existing right or legal position, or the conviction of the debtor to fulfill a specific obligation. In criminal trials, it aims for the sentencing of the defendant to a particular penalty.

Key Elements of a Legal Claim

Subjective Elements: Legitimacy

This refers to the legal relationship that must exist between the plaintiff and the defendant. The burden of proof for establishing both active (plaintiff's) and passive (defendant's) legitimacy rests exclusively with the plaintiff.

Objective Elements:

Business Formation: Key Administrative Procedures

1. Economic Tax on Activities (ALIAE)

   The ALIAE (Economic Tax on Activities) is a tax levied on local businesses and professionals engaged in specific activities. Only companies with a legal form that is a social factor and an annual turnover exceeding €1,000,000 are subject to this tax.

2. Declaration of Commencement of Activity and Tax Options

   This document provides essential information regarding the characteristics of the business activity, its location, and the chosen tax regime. This declaration must be submitted by the employer or professional to the government treasury before the start of any activity.

3. Prior Declaration Before Starting Activity

   A general declaration may be required prior to the

Key Definitions in Democracy

• Democracy: A political system where state power originates from the people, who often wield that power through their representatives. The word democracy comes from the Greek Demokratia, meaning "people power".
• Sovereignty: The highest political power of the state, to which all other powers are subordinated.
• Government: The leading agency of political power in democracies. According to the division of powers, it assumes executive power.
• People's Will: The collective political will of citizens expressed together.

Majority Rule in Democracy

Democracy involves the political power of the people, expressing their collective will through voting. The options chosen by the majority in these votes must, in principle, be accepted... Continue reading "Core Concepts and Rules of Democratic Systems" »

First Practice

First Course

Section 1

I would suggest three principles that provide a special relevance, but there is one thing to note about them.

The provisions in which the company has reached its highest level of general interest are:

• Article 128.1: Himself says article. All this in a market economy. This article, however, is tempered by another article which sets limits, and this article is 33.3.
• Article 129.2: The enterprise.

Second Course

Paragraph 1

It must be a normative use since they supply the absence of law. As a condition of use policy, it must also be legitimate.

Furthermore, it should be obvious (which is recognized by all stakeholders in this area).

If it were not obvious, proof would be required.

Paragraph 2

In accordance with Article

Controversy Over Prescription of Public Law Invalidity

The controversy surrounding the prescription of public law invalidity stems from a lack of consensus in both legal doctrine and case law. There is disagreement on whether a law prescribed by public law becomes invalid if the prescriptive period is running when its invalidity is challenged.

Action for Annulment of Public Law

An individual who believes an administrative act is flawed and affects them can pursue an action for annulment before an ordinary court of justice with civil jurisdiction and regular procedure. The objective of this action is to annul the administrative act if it fails to meet the validity requirements outlined in subparagraphs 1 and 2 of Article 7 of the Constitution of... Continue reading "Public Law Invalidity: Controversies and Control Mechanisms" »

AENOR, UNE Standards, and Certification Fundamentals

Types of Standardization Bodies and Standards

Standardization activities are categorized based on their scope:

National Standards

These standards are prepared, subject to a period of public review, and sanctioned by a legally recognized body to develop standardization activities at a national level. AENOR (Asociación Española de Normalización y Certificación) is the body recognized by the Spanish public administration to develop standardization activities in Spain.

Regional Standards

Regional standards are developed within the framework of a regional standards body, normally covering a continental area which includes a certain number of national standards bodies. The most recognized regional... Continue reading "AENOR, UNE Standards, and the Certification Process Explained" »

Individual Employer (Sole Proprietorship)

Input

No specific input required as there is no legal separation between business and personal assets.

Responsibility / Liability

Personal and unlimited liability for the owner.

Representation

The owner represents the business. Attorneys or agents can be appointed.

Minimum Capital

No minimum capital required. There is no distinction between business assets and personal assets.

Observations

For married individuals, liability for business debts may depend on the applicable marital property regime.

Civil Society

Partners

Minimum of 2 partners.

Contributions

Contributions can include work (job), money, assets, or rights.

Responsibility / Liability

Personal, unlimited, and joint liability for all partners.

Management (Government)

Tacit Clauses in Employment Contracts

When parties contract repeatedly over time, establishing and complying with obligations not explicitly reflected in the written agreement, or when situations arise that were not originally contemplated, we encounter what is known as a tacit clause. The repetition of actions demonstrates the parties' mutual intention and establishes the content of their relationship regarding matters not expressly agreed upon. Thus, through tacit agreement, the employment contract is supplemented in aspects not originally specified.

Essential Employment Contract Clauses

An employment contract should typically include the following clauses:

1. Date and Place of Contract

   The place is important as it usually indicates where services

Administrative Appeal

Replacement may be appealed in the following resolutions:

• Measures of management and inconclusive decrees issued by the Clerk, except in cases where the law provides for direct appeal review.
• Autos orders and non-definitive replacements may be brought before the same court that issued the original decision.

This is a non-returnable resource: the same body (or Court Clerk) that issued the contested decision will review it.

Features:

• The filing of an administrative appeal does not prevent the agreement in the contested decision from taking effect. If the action is estimated, it will quash the decision and be made ​​according to it.
• The application for reconsideration is resolved by Order of the Court or by decree of the clerk.

Unconstitutionality Challenges

When a court considers that a regulation having the force of law may be contrary to the Constitution, the issue of unconstitutionality is raised before the Constitutional Court.

Characters

1. Any type of process, any field.
2. Decidendi must be standard, whose validity depends on the fault.
3. The question arises whenever the judge acts on their own initiative or at the encouragement of the parties.
4. This produces cessation of the main process.
5. There is no suspension of the law (except when the government challenges a standard issued by the Autonomous Community before the Constitutional Court).
6. Fuzzy control nuances: through the issue, the judge can reach the declaration of unconstitutionality.

Procedure

1. Admissible admission.
2. Transfer