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

The Prohibition of Force under UN Charter Article 2(4)

Article 2(4) of the UN Charter prohibits the use of force by states in international relations. This prohibition is qualified in scope: it affects only the obligations of States, and the use of force must be incompatible with the purposes of the United Nations.

Consequently, colonial powers cannot use force against colonial peoples to prevent the exercise of self-determination.

Compatibility with Self-Determination Struggles

It is possible to interpret the Charter to make Article 2(4) compatible with the legitimate struggle of colonial peoples for independence. This compatibility arises because the struggle for independence is not incompatible with the purposes of the Charter, and the right... Continue reading "International Law, Force, and the Right to Self-Determination" »

Marital Status: A Comprehensive Legal Definition

Definition

Marital status refers to the legal standing of an individual in relation to marriage and family. It defines the rights and obligations a person has within these contexts.

Different Civil Statuses

• Single
• Married
• Divorced
• Widowed
• Concubine
• Natural Son
• Legitimate Son
• Recognized or Unrecognized Son

How to Modify Marital Status

Marital status can be modified through the following:

• Voluntary Acts: These are actions taken by individuals that produce intended legal effects. Examples include marriage, voluntary recognition of natural children, and repudiation of recognition.
• Legal Facts: These are events independent of an individual's will that have legal consequences. Examples include birth and death.

Labor Conflict Resolution: Negotiation and Litigation

650. Juridical Conflict: Negotiation and litigation.

651. Conflict of interest.

652. Bargaining and union struggle.

653. Legal representation, trade unions, and the most representative business associations.

Addressing the Labor Authority

654. Writing.

655. To the labor authority.

656. 3 days.

657. To respond.

Mediation and Arbitration in Labor Conflicts

658. Intervention of a person or institution that proposes solutions for the parties to resolve the conflict.

659. Intervention of a person or institution that tries to get the parties to resolve the conflict themselves.

660. Intervention of a person or institution that requires the parties to settle the conflict.

661. Not in both cases; the person or... Continue reading "Labor Conflicts, Strikes, and Lockouts in Spain" »

Autonomy and Scope of Specific Category Agreements

The broad autonomy recognized by Article 83.1 of the Workers' Statute (ET) allows a group of workers to negotiate their own specific category agreement, forming what is often referred to as a *bargaining unit* or "strip." Examples include airline pilots and railroad engineers, who have successfully negotiated agreements with overall effectiveness for their entire unit, including non-union workers. While these agreements are legal, questions persist regarding the specific entity entitled to negotiate them.

For agreements concerning workers within a single company, standing rules recognize the legitimacy of unions at the enterprise level or lower. These rules impose different requirements for agreements... Continue reading "Collective Bargaining Unit Agreements: Legal Standing & Challenges" »

Professional Radio Communication Standards

General Service Requirements

• The broadcasting service is strictly confidential.
• Do not use communication channels for personal or non-service-related issues.

Radio Transmission Protocols (Speaking Rules)

Speaking protocols must adhere to the following rules:

• Microphone Positioning: Position the microphone correctly, approximately 10 cm from the mouth.
• Transmission Protocol: The transmission protocol (call sign/signal) must be appropriate for each situation.
• Vocalization: Speak loudly, clearly, without screaming, and vocalize distinctly.
• Message Planning: Plan the message before speaking. If in doubt, write it down before transmission.
• Keywords: Use standard communication keywords correctly: Attention, Over,

Equal Opportunities

Everyone should have equal opportunities to enter the labor market and should not be discriminated against on grounds of sex, race, age, or beliefs such as religion.

In 1910, the writer Clara Zetkin organized the first international conference of socialist women, which passed a resolution establishing March 8 as International Working Women's Day.

In recent years, efforts have increased to reduce workplace discrimination because of age, physical disabilities, or sexual orientation.

Types of Discrimination

1. Racism and xenophobia: Racism is a theory based on the belief that human races have biological differences that justify dominance relationships between them, as well as behaviors of rejection or aggression. The term racism applies

Evolution of EU Treaties

Each relevant or incorporating a new member joins the club that introduced changes in international treaties:

• Single European Act of 1986
• • EU Treaty of Maastricht, 1992
  • 1997 European Treaty
  • Treaty of Nice, 2001

A text called the Treaty establishing a Constitution for Europe, a constitutional treaty, was presented in Rome in 2004. The treaty was very important because it was submitted to a referendum of what was then the EU (18 states). The referendum had limited participation because the text was very complex.

In other states, it was also submitted to a referendum. It was going well until the French and Dutch votes resulted in negative outcomes. The text could not enter into force as it needed an affirmative vote from all members... Continue reading "Evolution of EU Treaties and Legislation" »

Fundamental Concepts in Commercial Law

Trade and Market Definitions

Trade: It means the activity of natural persons or legal entities aimed at mediation and the exchange of goods and services for profit.

Market: The social organization in which trade is conducted through the mediation and the exchange of goods and services.

Commercial Law and the Code of Commerce

Commercial Law: The set of rules, customs, and principles governing relations among individuals, their rights, and obligations in connection with commercial activity and the conduct of acts of commerce.

Code of Commerce: This body of law regulates two legal aspects:

1. The obligations of merchants in their business operations.
2. Acts of trade, which may be held by merchants and non-merchants alike.

The Intermediate Phase of Criminal Procedure

The Intermediate Phase begins upon the conclusion of the investigation phase. This stage is crucial for determining whether the case proceeds to trial or is dismissed.

Purpose and Judicial Roles

The judicial body—which is the judge in abbreviated and speedy trials, or the Provincial Court in the common process—must decide whether or not to proceed to trial. At this stage, based on the investigation findings, the charging parties decide whether or not to maintain the charge, and the deciding body determines whether or not the case has sufficient merit.

The charging parties maintain the indictment when applying for the opening of the oral trial, and they do not accuse when applying for free or provisional... Continue reading "Judicial Decisions: Free and Provisional Dismissal in Criminal Law" »

Conventional Terminations

The Conditions Precedent

Article 49.1.b) of the Spanish Workers' Statute (ET) states that an employment contract may be terminated for reasons mentioned in the contract itself. These are known as conditions subsequent. Jurisprudence considers this type of clause lawful unless there is abuse.

The Mutual Agreement

This is a typical conventional termination, contemplated in Art. 49.1.a) ET. The employer and employee agree to extinguish the contract. This does not, in principle, preclude problems arising from the execution of that agreement, such as the balance of payments and joint settlement.

Conclusion of Time and the Work or Service

This refers to the termination of temporary contracts. In general, Art. 49.1.c) ET states... Continue reading "Conventional & Legal Termination of Employment Contracts in Spain" »