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

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Protecting Your Business: Intellectual & Industrial Property Rights

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Industrial Property (Commercial)

A set of intangible fixed assets affords legal custody to business owners, protecting the value of their assets and differentiating their companies within the market. Key elements include:

  • Brand Name: Products or services identified by customers through brands.
  • Industrial and Artistic Designs: Lines, shapes, colors, or elements that distinguish products (industrial design) and may include reproductions of artwork.
  • Patents: Protect new inventions. There are three types of inventions:
    • Inventions of Order: Made by an employee during their contract term, specifically for the purpose outlined in the contract. The invention belongs to the employer, unless it is deemed significant, in which case the employee may be entitled
... Continue reading "Protecting Your Business: Intellectual & Industrial Property Rights" »

Understanding Electoral Sections and Processes

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Sections and Polling Stations

Topic: The provincial/territorial division that ensures an orderly election day and provides citizens with information to exercise their vote.

The Table: The final place in the section where citizens cast their ballots. A section may have several tables, often divided by last name.

The board is composed of a president and two members. The municipality of the area organizes it. Members are appointed by lot from among designated persons in that section who are under 65 years old and literate. Those over 65 belong to the 3rd Age group.

The president must have a Bachelor's degree, vocational qualification, or graduate degree. A deputy chairman must also be elected.

Failure to attend by the president or members is a crime;... Continue reading "Understanding Electoral Sections and Processes" »

Key Employment Contract Types in Spain

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Training Contracts

Training Contracts for Skill Acquisition

This contract aims at the acquisition of theoretical and practical training necessary to develop a proper job or one that requires a specific qualification.

  • Requirements:
    • Must be under 21 years of age.
    • Must not possess the necessary qualifications for a practical contract.
    • Must not have previously performed the job role before being contracted by the company.
  • Duration: Between 6 months and 2 years.
  • Working Day: Full-time, with a portion dedicated to theoretical training and the remainder to practical work.
  • Remuneration: As established in the collective agreement.
  • Social Security: Contributions are set annually by the government; these contracts do not generate a right to unemployment benefits.
... Continue reading "Key Employment Contract Types in Spain" »

Forensic Investigation and Expert Evidence

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Expert Evidence and the Coroner

This section discusses the accuracy of underlying facts in criminal accusations, categorized by types of proof:

  • Absolute Proof: By itself, defines the certainty of a legal fact.
  • Evidentiary Proof: The conviction that facts bring to the expert.
  • Non-Evidentiary or Relative Proof: That which does not establish certainty in expert evidence, leaving only a probability.
  • Refuting Evidence: Having absolute value over all other evidence, sufficient to invalidate any positive finding.

Criminalistics and Legal Medicine

Criminalistics

According to Moreno and Gonzalez, Criminalistics is the discipline that applies the methods of natural science research in the examination of sensitive material significantly related to an alleged... Continue reading "Forensic Investigation and Expert Evidence" »

Understanding Labor Laws: Contracts, Rights, and Regulations

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What is an Individual's Job?

An individual's job is one whereby an individual agrees to perform any work or provide professional services to another natural or legal person under the continuing dependence or subordination of this and through payment.

What are the Three Elements Essential to Ensuring an Employment Contract?

The three essential elements are:

  1. The worker's personal activity is performed.
  2. Continued subordination or dependency of the worker on the employer.
  3. Pay for service as remuneration.

What is the Pattern Subject to When Establishing a Working Relationship with a Minor?

The pattern is subject to the fulfillment of all obligations of the contract. However, the official office of the Ministry of Labor may, ex officio or on application,... Continue reading "Understanding Labor Laws: Contracts, Rights, and Regulations" »

Ius Commune and the Birth of European Legal Systems

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The Formation of Ius Commune and the Rise of Universities: The Mos Italicus

Common Law Training and Doctrinal Practice

The legal doctrine of the 15th, 16th, and 17th centuries is more accurately described as common law because it highlights its main characteristics:

  • It unifies the various sources of law (Justinian law, canon law, and local rights) into a single, common object of all European legal discourse.
  • Its unique methods and styles are based on common reasoning.
  • These methods and styles were fostered by uniform legal education throughout Europe.
  • They were disseminated through literature written in a universal language (Latin).

The unification of legal systems, enabling a common legal discourse and promoting unifying trends in legislative and... Continue reading "Ius Commune and the Birth of European Legal Systems" »

Spanish Corporations: SA and Limited Partnerships

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Item 6. SA and Limited Partnerships

1. Company Types

SA (Sociedad Anónima)

  • Ideal for accessing capital markets.
  • Mandatory for large companies.
  • Minimum capital: €60,000.
  • Partners choose the company's social purpose at incorporation.

Limited Partnership (Sociedad Limitada - SL)

  • Suitable for small and medium-sized companies.
  • Minimum capital: €3,000.

2. Characteristics of Corporations (SA)

  1. Share Capital: Divided into shares, each representing a part of the social capital and granting ownership.
  2. Social Capital:
    • Determined in the company's statutes.
    • Must be stable, with a minimum of €60,000.
    • If half the equity capital is lost, it may lead to bankruptcy.
    • Key Aspects:
      • Existence and Determination: Social capital must be established and divided into shares.
      • Stability
... Continue reading "Spanish Corporations: SA and Limited Partnerships" »

Modernizing Spain's Police: Legislative and Constitutional Shifts

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Police Forces in Catalonia During the Second Republic

During the Second Republic, the Municipal Guard (formerly known as the Municipal Guard Navy, now the Municipal Police) played a crucial role. Their duties included intervening to prevent crimes and misdemeanors, prosecuting perpetrators, and acting as a Surveillance and Security Corps to maintain public order.

The Second Republic also saw discussions about the decentralization of police regions. In Catalonia, the Autonomous Police (often referred to as the "Freelance Police" at the time) established its own structures and scales, operating under the Central Government. This included units like the Esquadra de Porters (Squadron of Porters), which contributed to regional security.

Law 55/1978:

... Continue reading "Modernizing Spain's Police: Legislative and Constitutional Shifts" »

Taxable Events: Commercial and Administrative Documents

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Commercial Documents

Bills of Exchange

Taxable Event: Refers to bills and documents that comply with a swivel function, i.e., remittance or money order.

Taxpayers: The drawer and others who draft documents issued.

Tax Base: Is rotated and takes the amount of the quota on a fixed scale.

Safeguards and Certificates of Deposit

Taxable Event: Issue or transfer of receipts or certificates of deposit.

Contributor: The issuer.

Tax Base: The nominal amount to determine the share, using the same fixed scale as for bills of exchange.

Form: Using a mobile ring (stamped paper can be purchased at newsstands). A receipt or certificate of deposit is a security issued individually and to the order. It concerns a bank deposit of a minimum amount, which is transferable... Continue reading "Taxable Events: Commercial and Administrative Documents" »

Understanding Shares and Securities in Argentine Corporations

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Actions and Characters:

  • Equal Value: The shares will always be of equal value, expressed in Argentine currency.
  • Different Kinds: The status can provide different kinds with different rights; within each class, all shares will carry the same rights. It is void otherwise.
  • Individuality: The shares are indivisible.
  • Joint Ownership: If there is joint ownership, condominium rules apply. The company may require unification of the representation to exercise the rights and fulfill social obligations.

Shares and Securities:

  • Titles: Titles may represent one or more actions and be:
    • Bearer: The rights are acquired by mere possession.
    • Nominative Endorsed to the Order: Extended on behalf of a particular person and can be transmitted by endorsement.
    • Registered Non-
... Continue reading "Understanding Shares and Securities in Argentine Corporations" »