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

Understanding Essential Business Documents

Order: A document detailing the items a customer demands and the conditions of purchase. Through this order, it is communicated to the selling company that a good or service will be acquired.

Waybill: A document that details and justifies the delivery of goods made to the customer.

Invoice: A document that legally proves services rendered or the sale of goods.

Types of Payments & Checks

Cash Payment: A payment that takes place at the same time as the delivery of goods or services.

Term Payment: A payment that is made at a later, agreed-upon time.

Understanding Checks

Check: A document instructing a financial institution to pay a certain sum of money to the person designated as the payee or the bearer.

• Bearer

Formal Institutional and Public Writing

These documents are addressed to procedures related to public institutions. They are official and governed by specific rules regarding their wording and format. These may include the following:

• Note

  Texts similar to letters, used for requesting or reporting information. In some cases, they serve as a courtesy. These documents are read, answered by third parties, and filed in folders.

• Reporting

  Contains detailed information about a specific activity or event.

• Public Documents and Official Publications

  Documents issued by government entities that report on matters of general interest.

• Technical Writing

  Documents adhering to the formal requirements of a specific specialty or field.

• Forms

  Printed texts used to collect

Business Succession and Article 44

Article 44 states: "There shall be regarded as business succession when the transmission affects an economic entity which retains its identity, meaning an organized grouping of resources to carry out an economic activity, essential or ancillary." Essentially, what determines the applicability of this article is the transmission of a set (more or less, total or partial) of elements organized for production and productivity.

Causes of Business Transmission

The cause of transmission is indifferent. Article 44 speaks in very broad terms of a "change of ownership of whatever cause or motive." It may, therefore, be a sale, assignment, exchange, or corporate merger.

Effects of Transmission on Workers

The new employer... Continue reading "Business Succession and Subcontracting Liability Under Spanish Law" »

The Question of Unconstitutionality

Along with the recurso de inconstitucionalidad (r. of i.), the question of unconstitutionality (c. of i.) is the instrument envisaged in our Official Journal (OJ) for the control of the constitutionality of laws. It is regulated in Article 163 of the EC and Articles 35 et seq. of the Organic Law of the Constitutional Court (OLCC).

Subject and Scope

• Subject: The Judge.
• Re: The challenged law: its application to the use case and the validity upon which the ruling depends.

Initiation by the Court

According to Article 163 EC, when a court considers, within a process, that a regulation having the force of law applicable to the case, and whose validity depends on the decision, may be contrary to the Constitution, it... Continue reading "Constitutional Review of Laws in Spanish Jurisdiction" »

Circumstances Precluding Wrongfulness

In principle, the unlawful conduct of a State is not considered wrongful if there are causes that preclude the wrongfulness of the act.

State Consent

The wrongfulness of an act does not constitute an internationally wrongful act if the injured State gives its consent to this behavior. This is provided that the requirements for valid consent are met, or there is an agreement which clearly states that the consent is attributable to the State.

Countermeasures

Behavior will not be considered illegal in principle when it is a legitimate action, according to International Law (DI), to react to an act committed by another State. These actions are considered penalties or countermeasures.

Force Majeure and Fortuitous

What is Adoption?

Adoption is a protective measure of excellence, which applies to benefit the family of origin when they have exhausted all possibilities for a child to return to or remain under the care of their biological parents or family.

The objective of this measure is to provide a child or adolescent who has been legally declared "capable of being adopted" (whether by assignment, inability, or neglect of parental care), a stable family that will allow proper growth and development in an environment of protection and affection. This is expected to repair, if possible, the impact they have had on their experiences related to abandonment.

Adoption reinstates the child to their right to a permanent family by offering quality childcare for... Continue reading "Understanding Adoption in Chile: Process and Requirements" »

Functions of a National Parliament

The typical functions of a national parliament include:

1. Legislative function (making laws).
2. Budgetary function (approving finances).
3. Democratic control function (oversight of the executive).

Key Responsibilities of the Council of the European Union

The Council of the European Union (often referred to simply as "the Council") shares legislative and budgetary powers with the European Parliament. Its responsibilities include:

1. Approving European laws (co-legislator).
2. Coordinating the economic policies of member states.
3. Concluding international agreements.
4. Approving the EU budget (co-approver).

The Role of the European Court of Auditors (ECA)

The European Court of Auditors (ECA) is responsible for auditing the EU's finances.... Continue reading "European Union Institutions and Core Functions" »

Item 6: The Election Campaign

Throughout the election campaign, each candidate outlined his merits and demerits in contrast to others to obtain the vote of the electors.

The LOREG defined in Article 50.2 the election campaign as all lawful activities undertaken by candidates, parties, federations, coalitions, or groups of voters in order to capture votes. It lasts for 15 days, ending at zero hours of the day immediately preceding the vote, without proper acts that can be considered electoral campaign until the thirty-eighth [Note: The original text seems to have an unclear ending here; assuming the 15-day period is the key constraint].

A) The Definition of Electoral Campaign

The placement of posters can only be considered part of the campaign if... Continue reading "Understanding Electoral Campaign Regulations and Definitions" »

The National Constituent Assembly

Members of the National Constituent Assembly had to enact legislation to abolish the old regime, but they also had to satisfy a people who defended the armed revolution and were protagonists of the political changes.

• First: It legally proceeded to abolish feudalism.
• Secondly: It adopted the Declaration of the Rights of Man and of the Citizen.

This document recognized the right of resistance against oppression and established the sovereignty of the nation as an expression of the general will. The Constitution defined a constitutional monarchy based on the division of powers:

• The Executive in the hands of the King.
• The Legislature held by the Assembly.
• The Judiciary exercised by free judges.

It established economic freedom... Continue reading "French Revolution: National Assembly and Radicalization" »

Employment Contract Essentials

An employment contract reflects the agreement between a company and a worker. Key characteristics include:

• Worker: Minimum working age is 16.
• Employer: Can be a physical or juridical person responsible for directing work.
• The company benefits from the worker's labor in exchange for wages.
• Contracts can be indefinite or for a fixed term.
• Trial periods generally last 6 months for technical roles and 2 months for others.

Salary

Salary is the compensation provided to the worker for their services.

Shareholder Rights

Shareholders have rights including:

• Participation in social benefits distribution.
• Preemptive subscription rights for new shares.
• Attendance and voting at meetings.
• Right to challenge unlawful agreements.

Shares

Shares... Continue reading "Employment Contracts and Business Organization Essentials" »