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

Securities Market Act and the National Securities Market

The Securities Market Law regulates primary and secondary markets of securities. It lays down the principles of its organization and operation, the rules governing the activities of those involved in them, and the monitoring regime.

The issuance of securities should be reported to the National Commission for Securities Market, which is the body designated by the Securities Market Law for that matter.

The National Securities Market

The LMV requires the existence of a public law entity with legal personality and capacity to exercise the functions assigned to it by law and the Ministry of Finance in monitoring and inspection of the securities markets and a few people involved in them.

The CNMV... Continue reading "Securities Market Act: Regulation and Investment" »

The Presumption of Innocence

The presumption of innocence is a fundamental pillar of the criminal process model, marking a clear break from the inquisitorial system. It asserts that an accused person is innocent until a conviction has been issued against them. This right is recognized in all international human rights instruments.

Core Tenets of the Presumption

To rebut this presumption, a minimal evidentiary burden is required, which must accurately demonstrate the defendant's guilt. It should also be considered a rule of treatment, applying throughout all criminal trial proceedings, ensuring the accused is considered and treated as innocent.

The presumption of innocence demands that a guilty verdict is rendered only when certainty of the accused'... Continue reading "Criminal Justice: Presumption of Innocence & In Dubio Pro Reo" »

Legal Status and Capacity to Act

An individual possesses a natural ability to act that evolves with age. Colloquially, this is referred to as being a mature or immature individual. Its development depends on social circumstances, such as family and education. However, full mental maturity is generally reached by all individuals at a certain age.

The law takes into account this capacity to act, distinguishing between legal capacity and capacity to act.

• Legal Capacity: This is the capacity to have rights and obligations. All individuals possess legal capacity simply by existing.
• Capacity to Act: This is the ability to exercise those rights and fulfill obligations. It is acquired at a certain age, when it is socially accepted that an individual has

Business Legal Structures

When several individuals decide to pool money, capital, or project work to start a business, they typically form a company or business entity.

Limited Liability Company (LLC)

A key characteristic of an LLC is that liability is limited to the capital contributed by each partner. Its capital is divided into shares, and the minimum capital cannot be less than 3,005 units (currency implied). Partners must fully pay their capital contributions from the company's inception. Members may freely transfer their shares, though they must notify the company. Transmission to ascendants, descendants, and spouses is also free. However, transferring shares to third parties may have restrictions outlined in the company's bylaws.

Shareholders... Continue reading "Understanding Business Legal Structures" »

Entrepreneurship: The Autonomous Individual

An autonomous individual is a person who engages in economic activity, managed by their own organization and acting in their own name for all operations. This individual is responsible for their business and its outcomes.

Characteristics of an Autonomous Individual

1. Legal and Physical Person

An individual can be a physical person, meaning they exist naturally and possess rights and obligations. Alternatively, they can be a legal person, which also has rights and obligations within the legal framework.

2. Individual Status: Owner vs. Employee

• Individual (Self-Employed): Owns their work and reaps the benefits.
• Individual (Employee): The fruits of their labor are not their property; they receive a salary.

Item 1: Employment Relationship

Conditions of Employment:

• Personal: Work carried out by the individual.
• Volunteer: Work done voluntarily.
• Employed: Work done under the employer's direction.
• Employment: Workers get paid for their work.
• Dependent: Subject to the employer's rules and obligations.

Failure to meet one of these conditions means it is not an employment relationship.

Relationships Not Considered Employment:

• Public officials (working for the state or autonomous region).
• Mandatory personal benefits.
• Work done out of friendship (helping a neighbor with a move).
• Family work (working with your father without receiving remuneration).
• Self-employment.
• Commercial agents.

Special Industrial Relations:

• Household services, athletes, entertainers, individuals

Understanding Occupational Safety & Health

Costs Associated with Workplace Incidents

• Medical expenses
• Benefit allowances
• Disruption of production
• Material costs
• Cost of days not worked
• Corporate responsibility

Techniques for Preventing Work-Related Damage

Prevention techniques can be broadly categorized into two areas:

• Acting on Health: Involves medical techniques.
• Acting on the Work Environment: Involves non-medical prevention techniques.

Preventive Medical Techniques

• Preventive medical examinations
• Preventive medical treatments
• Professional aptitude assessments (choice of profession)
• Health education

Non-Medical Prevention Techniques

• Job security measures
• Workplace hygiene
• Ergonomics
• Psychosociology
• Education and training
• Social policy initiatives

Employer and

The European Commission

• Headquarters in Brussels, Belgium.
• Main executive body of the EU, responsible for implementing decisions of the Parliament and the Council.
• Has representation in each of the 27 member states.
• A new Commission is appointed every 5 years, proposed by member state governments.
• Defends the general interests of the Union.

Main Features

• Proposes the elaboration of legislative texts.
• Runs and enforces EU law.
• Represents the EU in international organizations.

The Council of the EU

• Headquarters in Brussels, Belgium.
• Integrates a government representative from each member country.
• Chaired every 2.5 years by the president of a member country's government.
• Presents to member state governments.

Main Functions

• Decides with the Parliament on the adoption

Contractual Consent

• Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

• Statement of intent to offer: A person proposes an undertaking or a contract to another.
• Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

• Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided

Sex Offender Typologies: Groth, Holmes, and Scully

Nicolas Groth's Typologies: Key Components

Groth identified key components in the psychology of sex offenders:

• Hostility: Violation involves more violence than necessary, with sexual arousal stemming from the aggressor's display of strength and anger towards women.
• Power: Seeking sexual conquest to assert identity.
• Sadistic Rape: Premeditated aggression where inflicting injury on the victim causes sexual tension. This is the most dangerous type.

Bridgewater Treatment Center (1969): Four Groups of Violators

• Violators of Displaced Aggression: Desire to humiliate the woman, employing sadistic techniques like tying and wounding. The victim is random, similar to Groth's sadistic rapist.
• Compensatory Violators: