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

1. What is a Conciliatory Commission?

For certain administrative disputes, the legislature has created special courts. For example, the Conciliatory Commission for Public Works Concessions settles claims and disputes between public works concessionaires and the Ministry of Public Works (Article 35 of the Concessions Law (DFL 164 of 1991)). The concessionaire may also choose to file a claim before the Court of Appeals of Santiago.

2. What is the Special Court of Appeals?

The Special Court of Appeals hears appeals of decisions made by the Regional Director of the Internal Revenue Service regarding real property valuation claims (Article 121 of the Tax Code). A controversial issue has been whether the Regional Director is considered a judge for tax... Continue reading "Special Courts and Administrative Appeals in Chile" »

Constitución de 1812: Características

• División de poderes:
  • Poder Ejecutivo: Recae en el rey y sus ministros, con poderes limitados. El rey tiene Cortes. El gobierno por el Directorio participa en la elaboración de leyes.
  • Poder Legislativo: Recae en unas Cortes unicamerales, elegidas cada dos años por sufragio universal.
  • Poder Judicial: Los tribunales ejercen este poder.
• Amplia declaración de derechos y libertades: igualdad ante la ley, inviolabilidad del domicilio, libertad de imprenta, libertad de expresión, etc.
• Religión de Estado: La religión católica es la oficial y el Estado se compromete a mantenerla.
• Forma de gobierno: Monarquía constitucional.
• Funciones de las Cortes: Elaboración de leyes, votación de presupuestos, intervienen

The Ius Commune diffused across various European territories without displacing existing laws. This diffusion was influenced by political factors, initially linked to the idea of a medieval empire reborn from the 11th century. Commentators reconstructed the figure of the emperor. The Ius Commune, essentially Roman and Canon law of the late medieval and modern Europe, primarily consists of 12th-century legal thought.

Key Features of the Ius Commune

1. It encompasses both legislation and case law, emphasizing interpretation.
2. It is casuistic, oriented towards practical solutions.
3. It is a law of lawyers, a legal jurisprudence that solves issues for judges through legal interpretation. It is a law of jurists, not controlled by political power. It differs

Introduction

This document explores the legal framework governing agricultural relations in Mexico, focusing on the interplay between individuals and collectives concerning land ownership and usage. It traces the evolution of agrarian law from pre-Columbian times to the modern era.

Key Subjects and Concepts

Individual Subjects

• Ejidatario: A member of an ejido, holding rights to use and benefit from communal land.
• Comunero: A member of a community with similar land rights as an ejidatario.
• Sucesores: Successors or heirs to land rights.
• Poseedor: Individual in possession of land, working it and recognized by the assembly.
• Libre avecindado: Resident over 18 years old, living in the community for at least one year and recognized by the assembly.
• Vecino:

Evolution of Mexico's Public Ministry

Early Foundations: Lares Act and 1855 Law

The Lares Act of 1853, aside from establishing a tax "to be heard in criminal cases," first constitutionally mentioned the office of the Attorney General. This office held a rank similar to that of a Minister of the Supreme Court, with functions—movable at the will of the Executive Branch—to intervene in defense of national interests. Subsequently, the Law on Administration of Justice, issued by President Juan Álvarez in 1855, instituted two prosecutors as members of the Supreme Court.

1917 Constitution: Defining the Public Ministry

The true conception of what is now known as the "institution of the Public Ministry" is found in the 1917 Constitution. This constitution... Continue reading "Mexican Public Ministry: Origins and Constitutional Role" »

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