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

Understanding a Constitution

A constitution is the supreme law of a country. It serves as the core of a state's legal framework, establishing the organization of government and the fundamental rights of its people. As the highest-ranking document in a society's legal system, it is designed to regulate key aspects of political life. A constitution is considered legitimate when it accurately reflects the values and way of life of its people.

Structure of a Constitution

• Preamble: Explains the constitution's purpose and importance.
• Dogmatic Part: Outlines the fundamental principles governing the state and the people's rights. This section often determines the constitution's legitimacy.
• Organic Part: Defines the organization and powers of the branches

Understanding Political Power: Arendt and Habermas

Power arises wherever people gather and act together. What matters is the procedure for adopting decisions. Power is an end in itself, the condition that enables a group to act together. It is the formation of a common intention aimed at achieving agreement.

Hannah Arendt's Concept of Normative Power

Hannah Arendt stated that laws are directives; they function as rules of the game. They do not dictate our behavior at all times but provide a framework within which the 'game' can develop and without which it could not take place. Arendt offers a concept of normative power that can be used for a radical democratic approach and against the erosion of the public sphere in contemporary mass democracies.... Continue reading "Political Power: Arendt, Habermas, and Deliberation" »

Commentary on the Law of July 21, 1876

This document provides an analysis of the Law of July 21, 1876, which details the consequences of abolishing the historical privileges in the provinces of Álava, Guipúzcoa, and Vizcaya.

This commentary will follow this structure: textual analysis and contextualization, concluding with a brief summary of the text's significance.

1. Location

a) Nature of the Text:

• By approach: Objective
• By content: Political
• By origin: Historical source

b) Authorship:

Individual. Officially authored by King Alfonso XII, but also signed by the President of the Council of Ministers, Antonio Cánovas.

c) Date:

July 21, 1876

d) Audience:

Public.

2. Analysis

The main theme of the text is the abolition of the privileges of the provinces of... Continue reading "Abolition of Basque Privileges: Law of July 21, 1876 Analysis" »

Challenging Regulations and Publication

Publication of regulations occurs in the corresponding Boletín Oficial. Challenges can be made before the competent judicial body according to the criteria of Article 8 ff. of the LJ [Ley de la Jurisdicción Contencioso-Administrativa].

A judgment pronounced on the validity of regulations takes full effect against third parties from its publication in the relevant Official Gazette.

Indirect Administrative Appeal

The indirect administrative appeal (recurso contencioso-administrativo indirecto) is brought against an act applying the regulation, which is relevant when one does not wish to challenge the regulation directly. The time limit is the standard one for administrative appeals. This action seeks the... Continue reading "Regulation Validity, Legal Challenges, and Law Hierarchy" »

The Spanish Constitution

The Spanish Constitution is the fundamental law of Spain. It was adopted by referendum on December 6, 1978, and published in the Official State Gazette (BOE) on December 29, 1978. The Constitution is divided into a preamble and ten titles, comprising 179 articles, plus four additional provisions, nine transitional provisions, one derogatory provision, and one final provision.

The Legislature

The State Legislature, the Cortes Generales, represents the Spanish people. The Cortes Generales are divided into two chambers: the Congress of Deputies (Congreso de los Diputados) and the Senate (Senado).

The Congress of Deputies

The Congress of Deputies represents the nation, and its members are organized by political parties. The... Continue reading "Spanish Constitution and Legislature: A Comprehensive Overview" »

Understanding Civil Judicial Procedures

Key Features of the Common Procedure

• 500 UTM: Refers to judicial matters involving 500 UTM (Unidad Tributaria Mensual - Monthly Tax Unit, a common Chilean legal reference for value thresholds).
• Double Degree or Instance: Allows for appeals to a higher court.
• Written Procedural Documents: Emphasizes the written nature of the process.
• Declarative Procedure: Aims to declare or establish a right or fact.
• Generally Applicable: The common procedure is broadly used.
• Residual Procedure: Applies to matters not covered by extraordinary or special procedures, as per Article 3 of the Civil Procedure Code (CPC).

Structure, Stages, or Phases of the Common Procedure

1. Preliminary Discussion Phase

   • Demand: The initial filing by the

Local Culture

Local culture refers to the shared beliefs, customs, and values of people inhabiting a specific geographical area.

Regional Culture

Regional culture encompasses the common culture shared by people within a larger geographical area, shaped by history and adaptation. Key features include:

• Inhabitants adapted to the geography, developing skills like ceramics, textiles, and jewelry making.
• Coexistence of various cultures with distinct traditions and customs within a region.

Cultural Diversity

Cultural diversity represents the multitude of ways different cultures express themselves. These traits are transmitted within and between groups and societies.

Identity

Identity is the sense of belonging to a particular community or people.

Belonging

Understanding Demonstrative Pronouns

Demonstrative pronouns in Portuguese help point out people or things in relation to the speaker and listener, or in text and time. Their main functions are:

Key Demonstrative Pronouns

• Este, Esta, Isto (This, These - near the speaker)
• Esse, Essa, Isso (That, Those - near the listener or recently mentioned)
• Aquele, Aquela, Aquilo (That, Those - far from both speaker and listener)

Uses of Este, Esta, Isto (This/These)

• Spatial Reference: Indicates something close to the speaker. Example: Este livro aqui é meu. (This book here is mine.)
• Textual Reference (Cataphoric): Refers to something that will be stated next. Example: Minha opinião é esta: devemos prosseguir. (My opinion is this: we should proceed.)
• Temporal Reference:

Sources of Nationality

Sources of nationality for a natural person can be biological or political:

Biological Sources

Based on the fact of birth, there are two main theories:

Ius Soli:

Nationals of a state are those born within its territory, regardless of the nationality of their parents.

Jus Sanguinis:

Nationals of a state are those whose mother, father, or parents are nationals of that state, regardless of their place of birth.

Political Sources

Establish an artificial link between the individual and the state.

Letter of Naturalization:

Achieved through an administrative act for individuals who meet the legal requirements.

Naturalization by Statutory Grace:

Granted through a law to people who have rendered distinguished service to the country.

Domicile

The Employment Contract: Definition and Core Characteristics

The employment contract is an agreement between an employer and an employee, through which the worker agrees to provide services in exchange for remuneration. This fundamental agreement is characterized by:

• Voluntariness: Both parties freely enter into the agreement.
• Alienation: The worker provides services for the benefit of the employer.
• Dependency: The worker is subject to the employer's direction and organization.
• Remuneration: The worker receives payment for their services.

Subjects of the Employment Contract

The primary subjects of an employment contract are the worker and the employer.

Worker Capacity, Rights, and Duties

Workers generally have the capacity to work from 18 years of age.... Continue reading "Employment Contracts: Rights, Duties, and Legal Framework" »