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

Instruments for Dispute Resolution in Social Courts

Parties may obtain the revocation or cancellation of dispute resolution instruments (orders, cars, and especially sentences).

Rating

1. Facing Final Decisions

A. To Include Replenishment Orders or Orders and Pleading

In front of judgments or orders, supplication and appeal for unification of doctrine, or ordinary cassation complaint may be possible.

B. Resolutions

Firm but no appeal review.

2. Specific Legal Resources

R. Reposición (Replacement)

(451a454 LPL 184a186 LEC) May be filed against orders or orders given in social courts unless terminated by the same body that handed down the decision against the measure that solves no appeal except when complaint or supplication is expressly provided for.... Continue reading "Legal Instruments for Dispute Resolution in Social Courts" »

Ordinary Trial: Discussion Phase

• Initiation (judicial order)
• Notice (personal or by public edict)
• 15-day term for Plaintiff's Reply (dilatory exceptions)
• 6 days for Rejoinder
• 6 days for Surrejoinder
• Conciliation

Conciliation Phase

• Evidentiary Stage begins
• Evidence received
• Judicial Order for Evidence [20 days]
• 5 days for witness list submission
• Day 20: Conclusion of Evidentiary Stage
• 10 days for observations on evidence
• Parties summoned to hear the case
• [60 days] Case Deliberation

Judgment

• Notification by writ
• 10 days for appeal

Regular Trial for Major Claims

• Initiation: Preliminary measures requested (Article 254 CPC)
• Initial review for admissibility (claim may not be immediately processed)
• Resolution admitting the claim for processing ('transfer' order)
• Applicant

Labor Law and the Legal System

Law consists of a series of rules and principles that the State may impose coercively if not fulfilled voluntarily. These serve to regulate the interests that arise in any society, guaranteeing mutual coexistence.

Sources of Law

Sources of law refer to the origins or foundations from which legal norms derive.

Interpretations of Sources

• Material Source: Refers to the legislative body or social group (e.g., businesses, trade unions, parliament) from which a norm originates. For example, the material source of a law is the Parliament where it is created, or for a collective agreement, it's the parties who subscribe to it.
• Completeness of the Regulatory System: The legal system cannot exist without regulation. In cases

Ius Civile and Ius Honorarium

The Ius Honorarium, also known as Honorarium IUS, refers to the body of law created by the Praetor and other judges. This system prompted the Ius Civile to adapt to the evolving social and legal landscape of Rome. The Honorarium IUS is rooted in the potestas of the Roman magistrate, stemming from the edicts of judges, particularly the Praetor.

In contrast, the jus civile is a legal framework that primarily regulates relations between cives (Roman citizens). Originating in ancient Rome, it was initially known as IUS QUIRITARIUM, the right of the Quirites, the first inhabitants of Rome.

The Antagonism Between Ius Civile and Ius Honorarium

The tension between ius civile and Ius Honorarium arises from legal, political,... Continue reading "Roman Law: Ius Civile and Ius Honorarium" »

Current Accounts: Understanding Their Function

Current accounts (C/C) serve as a fundamental commodity in trade relationships with clients. They are useful for individuals and companies that perform numerous payments, charges, and manage various debts and obligations. The primary goal is often profitability without the money itself being the priority.

Practically, these accounts often do not generate significant interest for account holders. Through the delivery of checks, credit, and other payment methods, depository institutions provide detailed statements of account movements.

Conceptually, a bank current account is an irregular deposit contract for money, a pact with additional services provided by the financial institution. Through a current... Continue reading "Current Accounts and Checks: Your Banking Essentials" »

Understanding Business Legal Forms

Independent Legal Identification

The legal identification of an undertaking to the administration of customers and suppliers.

Responsibility

The obligation to respond to debts incurred by our business activity. This can be limited or unlimited.

Members

Individuals associated to form a company.

Equity Contribution

The contribution partners make to a society, either in money or labor.

Two Main Legal Forms

Legal forms are broadly grouped into entities subject to Income Tax for Natural Persons (in its various forms) and entities subject to Corporation Tax.

Individual Entrepreneur

• Definition: A natural person who performs an industrial, business, or professional activity in their own name.
• Partners: 1 (single owner).
• Responsibility:

Characteristics of Administrative Documents

Administrative documents have special characteristics that differentiate them from other public documents:

• Media documents
• Proof documents
• Citizen documents

Distinguishing Citizen Documents

Citizen documents are addressed to a particular administration, while administrative constancy documents serve to accredit determined facts and events.

New Documentary Requirements and Supports

New documentary requirements must be met. The following can be considered as supports of public administrative documents:

• Graphics: Content is represented by shapes or colors, such as plans, maps, drawings, and graphs.
• Sonic: Sound is used, such as magnetic tapes and discs.
• In-image: Photographs, videos, movies, etc., are used as support.

Public Administration Bodies

Administrative Doctrine: An administrative body is an organizational unit, distinct from a legal person's apparatus, responsible for specific functions. These bodies operate under regulations outlining their powers, functions, resources, and leadership.

Types of Administrative Bodies

1. Sole Proprietorships and Corporate Bodies

2. Collective Bodies Classification:

• State Government committees
• Delegated government and governing bodies of Autonomous Communities
• Governing bodies of local entities
• Bureaucratic bodies
• Administrative bodies

Structure of Collective Bodies

a) Chairman

• Appointment: Designated according to procedure.
• Functions:
  • Represents and communicates for the body.
  • Convenes and sets the agenda for meetings.
  • Ensures compliance

Understanding the defendant's possible procedural activities upon receiving a notice of claim is crucial in canon law. This document outlines various scenarios and their implications.

Scenario 1: Defendant Does Not Appear

Upon receiving the claim, the defendant fails to appear or respond. When the defendant does not appear, they may be declared in absentia (in absence), a status in canon law. This absence typically occurs because the defendant has exceeded the time limit to appear in court. After proper review of certificates and documents, the court usually makes a decision within 10 to 15 days.

A unique aspect of canon law is the 'privilege of courtesy' or the 'principle of procedural truth,' which allows the process to continue even if the... Continue reading "Defendant's Procedural Options in Canon Law" »

V1. Contract Work Definition

Contract work is a verbal or written agreement by which a person, the employee, voluntarily provides services to another person, the employer, under their direction, in exchange for remuneration.

V2. Emancipation and Marriage

According to the civil code, one of the reasons for emancipation is marriage by a minor.

V3. Collective Agreement and Probationary Period

If there is no collective agreement for a probationary period, it cannot be established in the employment contract.

V4. Worker Breaks

All workers will have a break of 15 minutes for every 6 hours of work, except where the contract states otherwise.

V5. Basic Copy of Employment Contract

The basic copy of the employment contract must be drawn up, even if there is no... Continue reading "Key Aspects of Employment Contracts and Labor Laws" »