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

Hart's Theory: Order Sum Rules

Hart's theory distinguishes between primary and secondary rules. The first organized secondary rule gives unity. Recognition determines the characteristics that a standard should have to be considered as such. This is manifested in the everyday activity of judges.

Pre-existing Questions and Circularity

There are no problems with the circularity of the rule. To know who the judges are, one needs to know the rule of award, and this requires unity of the rule of recognition.

Plurality of Rules

It is not clear whether there are one or several rules. Principles are not identified, but are instead identified by axiological values.

Consistency

Consistency is the absence of antinomies, where two norms regulating the same course... Continue reading "Hart's Theory, Legal Consistency, Completeness, and Duty" »

English Conditional Sentences

Conditional Sentences:

Type 1: Present Simple + Future Simple

This conditional expresses a condition that is likely to occur. The structure is: if + present simple, future simple. This indicates that if the condition is met, the result will happen. You can also use modal verbs or imperatives in the result clause.

Example: If I feel better later, we will go shopping together.

Type 2: Past Simple + Would + Verb

This type expresses hypothetical conditions referring to the present, which are unlikely to occur. Could and might can also be used.

Example: I would read more books if I had spare time.

Type 3: Past Perfect + Would Have + Past Participle

This conditional refers to something impossible in the past that cannot be changed.... Continue reading "Understanding English Conditional Sentences and Modal Verbs" »

The Arauco War: Dynamics and Impact

War Strategies and Outcomes

The dynamics of the Arauco War involved several phases:

• Permanent Border Offensive (17th Century): Under Governor Alonso de Ribera, the Spanish maintained a defensive line along the Biobío River, supported by numerous forts.
• Defensive War: Incursions beyond the Biobío were suspended. Priests were sent behind the line to spread the Gospel.

Exploitation and Indigenous Resistance

A significant aspect was the War for Profit, which involved the capture of indigenous people for forced labor, leading to economic gain. This system often included abuses and mistreatment of indigenous populations, which fueled their anger and desire for revenge, escalating conflicts.

Spanish Colonial Governance:

Foundations of Spanish Legal Tradition

The *Ius Commune*

The *ius commune* (common law) in Europe, particularly in Western European countries, changed national laws. Justinian's compilation of manuscripts (Italy) was compiled with cause for interest among *studiosi*. These are precepts of *ius canonicum* / *ius feudale* for practical use.

Formation of the *Ius Commune*

• *Ius Canon* and *Ius Roman* (Digest): The Bologna School studied these texts. Notable figures include Imerius (disaggregated - the gloss is clear precepts), Azzo (stresses), and Summa Codicis.
• *Ius Canonicum*: Doctrinal development from the Gregorian Reform (Gregory VII). Gratian's "Decretum" contains various sources and commentary on *ius canonicum*.
• *Ius Feudale*: Got - Libri Feudorum

ITEM 7: Types of Dismissal

Collective Dismissal

Concurrent economic, technical, organizational, or production reasons.

• Companies with fewer than 100 employees: Minimum of 10 dismissals.
• Companies with 100 to 300 employees: Minimum of 10% of the workforce.
• Companies with 300 or more employees: Minimum of 30 dismissals.

Objective Dismissal

• Worker's inability to perform their duties.
• Lack of worker adjustment to job requirements.
• Amortization of jobs.
• Truancy.
• Lack of budget.

Disciplinary Dismissal

• Repeated and unjustified absences or lateness.
• Insubordination or disobedience.
• Verbal or physical abuse towards the employer.
• Violation of contractual good faith.
• Continued decrease in work productivity.
• Habitual drunkenness.
• Harassment based on race or other protected

Accuse to say that someone has done something morally wrong, illegal or unkind
Acquit to find a defendant not guilty in a criminal trial
Allege To say, declare, or charge that something is true even though it isn't proved yet.
Appeal take a court case to a higher court for review
Arrest If the police arrest someone, they take them away to ask them about a crime which they might have committed
Award to give money following an official decision by a court or by arbitration
Charge to formally accuse of a criminal offense
Claim If you claim something, you try to get it because you think you have a right to it.
File to officially give a paper to a court clerk.That paper becomes part of the record of a case.
Overrule to decide that a precedent should no

According to Locke, the state is a necessary entity comprised of institutions such as the legislative, judicial, police, and military. While the state possesses significant power, ultimate authority resides with the citizens. The legitimacy of the regime hinges on its ability to serve the public good.

However, legislative power is not absolute. It cannot seize a citizen's property without their consent. State spending is funded through tax revenues.

In addition to the legislature, there must be an executive branch responsible for implementing and enforcing laws. Locke also distinguishes a third entity, a federation (akin to a ministry of external affairs), which represents the community in its relations with other individuals and external entities.... Continue reading "Understanding Locke's View on State, Power, and Resistance" »

Legal Practices: Sources of Law

Sources of Law: Law, regulation, decree-law, local ordinance, legislative decree, directive, community regulation, custom, general principles of law, international treaty, Constitution.

Principle of Competence and Notification of Organic and Ordinary Laws

Principle of Competence: Each law has its competence and cannot invade the other's.

Hierarchy of Legal Sources

Hierarchy of Legal Sources:

1. Constitution
2. Law, regulation, custom, and general principles of law

Definitions

a) Formal Laws: All legislative provisions emanating from the legislative body.

b) Regulatory Provisions: Rules that are dictated by the government and have the force and value of law.

c) Executive Regulations: Those that develop and complement a law.

Hierarchy

Understanding Pleadings in Civil Suits

What are Pleadings?

Pleadings are the foundation of any civil suit, consisting of formal written statements that outline each party's claims and defenses. They are essential for initiating and progressing a civil case.

Types of Pleadings

The two primary types of pleadings are:

• Plaint: Filed by the plaintiff to initiate the lawsuit and present their claims.
• Written Statement: Filed by the defendant to respond to the plaintiff's claims and present their defense.

Importance of Pleadings

Pleadings serve several crucial purposes:

• Define the scope of the dispute and identify the key issues.
• Provide a roadmap for the litigation process.
• Determine the burden of proof for each party.
• Establish the boundaries of admissible