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

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned... Continue reading "Constitutionalism: A Historical Overview" »

1977 General Elections and Aftermath

General elections were held on June 15, 1977. Election Day passed with absolute normality and a high turnout. The victory went to the Union of the Democratic Centre (UCD), which secured 166 seats, leaving the Spanish Socialist Workers' Party (PSOE) in second place. The so-called "Parents of the Spanish Constitution" were appointed by leaders of different parties: Manuel Fraga from the People's Alliance, Miquel Roca representing the Catalan minority, Gregorio Peces-Barba from the PSOE, Gabriel Cisneros, Pedro Pérez Llorca, and Miguel Herrero y Rodríguez de Miñón from the UCD, and Jordi Solé Tura from the Communist Party of Spain (PCE).

The Courts elected on June 15, 1977, were not formally constituent... Continue reading "Making of the Spanish Constitution of 1978" »

Compound Sentences

A compound sentence is formed by two or more independent clauses. Each part of the sentence has its own subject and predicate, and each clause expresses a complete thought. These clauses are typically joined by coordinating conjunctions or punctuation.

Juxtaposed Sentences

Juxtaposed sentences are a form of coordinated propositions. They form a rhythmic period and are separated by punctuation marks, most frequently commas.

Coordinated Sentences

Coordinated sentences can be further divided into subtypes:

• Copulative: Express a sum or series of actions. Copulative conjunctions that join them are "and", "which", and "not".
• Adversative: Express opposition between two ideas.
• Disjunctive: Express mutually exclusive actions (using "or").

Child Protection in the Digital Age

Key Stakeholders in Child Protection

• First Level: Family and school
• Second Level: Media and public authorities

Elements Affecting Child Protection

Regulation: A comprehensive set of legal norms and ethical codes addressing child protection. These are established by both public institutions and private entities, and can be local, national, or international.

Types of Regulatory Frameworks

• Legal Regulations
• Self-Regulation Codes
• Family Mediation
• Education for Communication

Compliance with Self-Regulation Codes for Television Content

Various bodies are responsible for ensuring compliance with the Code of Self-Regulation of Television Content and Children's Rights:

Self-Regulation Committee

Composed by:

• Television operators

Corporations

Corporations are voluntary associations seeking to provide benefits for themselves or company profits. There is no mercantile community of goods based on a contract where particular property is owned undivided by multiple people.

• Minimum Social Capital: Did not exist.
• Minimum Capital: Did not exist.
• Taxed: Income tax.
• Social Security: General/Autonomous Regime.
• Naming: Common name + CB

Civil Society

A civil society is a partnership agreement where two or more persons pool resources, property, or industry to share profits.

• Minimum Partners: 2.
• Tax: Personal Income Tax.
• Social Security: Autonomous.
• Naming: Free name + SC

Rights and Obligations

Rights

• Participate in activities.
• Elect or be elected to positions in social agencies.
• Make proposals and

Understanding Argumentative Texts

The Op-Ed: A Personal Viewpoint

An op-ed is an argumentative essay where an author presents their personal view on a specific topic.

Characteristics of an Op-Ed

• Author: The article reflects the opinion of an expert on the subject. Authors often collaborate with the newspaper and are not bound by the publication's ideological line.
• Theme: The possibilities for themes are broad. An op-ed can address any matter considered of public interest.
• Purpose: The author's intention is to show the public their position on a particular topic.
• Information Sequencing: Information should be orderly and coherent.
• Language Type: The style used depends on the author's purpose.
• Stylistic Resources: Irony is often emphasized, as authors

Antijuricidad: Definition and Types

Antijuricidad refers to typical behavior that harms or endangers a legal right and is not authorized by law. There are two types of antijuricidad:

• Material Antijuricidad: Focuses on the social harm caused by the behavior.
• Formal Antijuricidad: Focuses on the behavior's contradiction with civil mandates and prohibitions, specifically the absence of express statutory authorization (justification) for the harmful conduct.

Absence of Illegality

Legal grounds for justification generally involve:

• Lack of interest (e.g., Section 141).
• The existence of an overriding interest (e.g., defense of necessity, duty, legitimate exercise of a position, authority, or office, and failure of just cause).

Justification: Legitimate Defense

Legitimate

The Cortes of Cádiz: Forging Spanish Liberalism (1808-1814)

In September 1808, the Cortes of Cádiz were convened, marking a pivotal moment in Spanish history. Initially, they operated as a single chamber, representing a significant step towards liberal governance and a challenge to the absolute monarchy.

Foundational Principles of the Cortes

During its inaugural session, the Cortes of Cádiz approved the fundamental principle of national sovereignty. This declared that power resided in the Spanish nation and was to be expressed through its representatives in the Cortes. The opening address, notably influenced by figures like Diego Muñoz Torrero, articulated the core tenets of the new political order:

• Separation of Powers: Distributing governmental

Understanding Legal Procedures: Complaint, Accusation, and Juvenile Justice

Distinguishing Legal Complaints (Denuncia) and Accusations (Querella)

The Legal Complaint (Denuncia)

A complaint (denuncia) is an act or declaration of knowledge transmitted by a judicial body, the Public Prosecutor, or judicial police, regarding a criminal act. It signifies an obligation to report a crime if one has knowledge of it, especially for security forces and officials.

Types of Crimes Subject to Complaint

• Public crimes
• Semi-public crimes
• Private crimes (e.g., libel and defamation, though these often require a querella)

Who Can File a Complaint?

Any natural person and law enforcement officials. Exemptions apply to:

• Minors who do not fully possess their reasoning abilities.

Illegal Labor Transfer: Key Legal Aspects

Our legal system strictly prohibits the hiring of temporary workers with the intent to transfer them to another company, unless this process is carried out through duly licensed temporary employment agencies. This practice involves an interposition in recruitment, where an employer uses services, and another entity appears as the sole employer of these workers.

Defining Illegal Assignment

In general terms, jurisprudence understands that an illegal assignment occurs when the supposed contracting company (the "assignor") appears to lack its own structure, assets, real estate, or business organization, thereby concealing a mere provision of manpower.

However, an illegal assignment can also occur even if the... Continue reading "Spanish Labor Law: Illegal Transfer & Contracts" »