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

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:

Key Legal Terminology and Document Structures

Understanding Legal Judgments

A Judgment is a judicial decision that ends a dispute between several parties. It typically begins with a header containing general information, continues with recitals that relate the facts and legal arguments, and concludes with the ruling of the judicial authority.

The Structure of a Legal Instance (Request)

An Instance refers to a formal request made to obtain a specific benefit. Its typical structure includes:

• The applicant's details.
• Exposition of the reasons (facts and arguments).
• Petition for a specific object or request.
• Polite closing, place, date, and signature.
• Authorization by the Legal Administrative Quarter (LAQ).

Legislative Text Defined

A Legislative Text is formally... Continue reading "Understanding Specialized Text Types and Communication Styles" »

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

The Cortes of Cádiz and the 1812 Constitution

Formation and Early Sessions

In May 1809, a committee chaired by Jovellanos was formed within the Central Junta. This commission conducted a consultation with institutions and enlightened individuals regarding the steps to be taken in Spain. This consultation highlighted the urgent need for change within the political system of the Ancien Régime, though not everyone fully grasped its implications.

The Regency Council issued the call for the Cortes in January 1810, and the opening session took place on 24 September 1810. In December of that same year, a Constitutional Commission was formed, headed by the cleric Diego Muñoz Torrero from Extremadura. Prominent liberal deputies in the committee included... Continue reading "The Cortes of Cádiz and Spain's 1812 Constitution" »

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