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

Understanding the Working Day

Definition of a Working Day

The working day is the time, measured in days, weeks, months, or years, that an employee spends performing their work duties. This measurement allows the employer to determine wages, productivity, and control.

Duration of the Working Day

The standard working hours agreed upon in the employment contract are known as the ordinary workday.

• Weekly Limit: The maximum is 40 hours per week. An employee's workweek can be shorter, but it cannot exceed 40 hours.
• Daily Limit: A workday cannot exceed 9 hours, unless a collective agreement allows for an irregular distribution of hours.
• Special Workdays: The unique characteristics of certain activities and sectors may require extensions to the standard workday.

Judicial Review

Definition: Judicial review is the doctrine under which legislative and executive actions are subject to review and invalidation by the judiciary. Specific courts with judicial review power must annul any act of the State that they find incompatible with a higher authority, such as the Constitution. Judicial review differs between countries.

Models:

• United States: No specific courts are designated for judicial review. The concept developed from a case and precedent, with the Supreme Court having the ultimate authority.
• Germany, Belgium, and Spain: These countries have a specialized Constitutional Court to handle judicial review. However, not all cases are constitutional.

Sources of Law

Primary Sources of Law:

1. Constitution
2. Statutes (

Shares in the Event of Default of a Check

It is necessary that non-payment is accredited by one of the following ways:

• On-notarial protest or a statement by librado.
• By a statement dated in a camera or compensation system.

Evaluation Scoring

This is a service through which the bank performs for a client (medium and large companies) the management of payment to suppliers by the financial and administrative management.

Loans Secured: Definition and Types

A secured loan is established when the risk of loans or credit is considered high, and savings banks often ask for collateral.

Types of Pledge (Mortgage)

One can distinguish two types of pledge (mortgage):

1. The possessory pledge, by which the debtor surrenders the creditor the thing covered by the guarantee.

Procedure for Access to Autonomy

Via general Art. CE 143.2: Simple model. The initiative with the provincial councils. 2/3 of the municipalities whose population represents at least a majority of the electorate of each province or island.

Special Via / rapid Art. 151 CE: Complex model. Also, the county councils. It takes 3/4 of the municipalities in each of the provinces representing at least a majority of the electorate of each one. It also has to be approved by referendum with the absolute majority of voters in each province.

Alternative Exceptional Initiatives

There are also three specific initiatives (other than the conventional two):

• Second Transitional Provision: For territories that had approved by referendum before a statute of autonomy

Contract Elements

Real Elements

The real elements of a contract are the thing and the price.

The Thing Under Contract

This refers to the good, right, or merchandise being exchanged. The thing must be possible, according to the Code of Commerce:

• Things to resell furniture
• Sale of samples: The seller must deliver the thing with the same qualities as the sample, and the buyer may refuse to receive what was contracted.
• Sale to the test: The buyer purchases the thing, reserving their final decision based on the results of testing the effectiveness of the goods.
• Confirmation unless-Sale: The contract is agreed upon between the buyer and a trade representative.

Price

The price is the amount the buyer is obligated to pay the seller in exchange for the thing.... Continue reading "Understanding Contract Elements, Seller & Buyer Obligations" »

Key Concepts in Spanish Labor Law

Defining Labor Law

Labor Law is a branch of law that regulates the individual and collective relationships arising in a professional context. These relationships are based on work that is performed personally, voluntarily, for pay, as an employee, and under the direction of an employer.

Sources of Labor Law

Internal Sources

These are labor regulations adopted within Spain. They include:

• Executive Standards: Rules with the force of law, such as the Royal Decree-Law and the Royal Legislative Decree.
• Administrative Rules: Regulations issued by lower-level administrative bodies like ministerial departments, municipalities, and county councils.

External Sources

These are labor standards adopted outside of Spain that are... Continue reading "Fundamentals of Spanish Labor Law: Rights and Obligations" »

Understanding Democracy

Democracy is a type of political organization in which power resides with the people, who decide collectively. Democratic organization is opposed to authoritarian regimes, which create oppressive and unfree societies. Democracy also signifies a way of living together that ensures participation.

Having a Democratic Attitude Means:

• A waiver to impose one's own opinions or interests by force
• Tolerance for opinions different from one's own
• Willingness to negotiate

Principles of Democracy

Every democracy is based on respect for principles or rules of the game:

• Democracy must guarantee a legal framework to organize the coexistence of people. The legal framework is based on respect for human rights.
• Freedom of choice through the ballot

Principles of Public Employment Access

1. Constitutional Principles Governing Civil Service Access: The constitutional principles that always govern the access of citizens to the civil service are the principles of merit and ability.
2. Access to Public Employment: Access takes place in accordance with, inter alia, the principles of merit and capacity.
3. Assumptions for Public Employment Access: Notes on the following assumption which could enable access to public employment: A Nigerian wife, 16 years old, who is part of the Spanish citizen workforce.

Civil Service Classification and Records

2. Classification of Public Employees (Civil Service Basic Statute): Public employees are classified according to the Civil Service Basic Statute as:
   • Career officials
   • Interim

The Spanish Constitution of 1876: Cánovas's Legacy

Origins and Context

The Spanish Constitution of 1876, incorporating the ideas of Antonio Cánovas del Castillo, marked a significant period in Spanish history. Although Cánovas’s party was called Conservative, its principles were notably more liberal than those of the Moderate Party that governed from 1844–1868. The constitutional text itself is considered a primary source for understanding the Restoration era.

Structure of Government and Separation of Powers

The brief 1876 Constitution established a separation of powers, though it was considered more imperfect than that stated in the Constitution of 1869. This imperfection was codified in Article 18, which outlined that the power of making... Continue reading "The 1876 Spanish Constitution: Cánovas del Castillo and the Restoration Era" »

Self-Defense Requirements

As required by Article CP 24:

1. Illegitimate Assault

An illegitimate assault (intentional) is an essential element, without which self-defense cannot be considered. This term refers to:

• A physical, real rush, but it need not be consummated.
• A current event in the sense of imminent. There can be no early or late defense.
• An unlawful criminal event (involving the person, home, or property). It is not necessary that the offender is guilty.

2. Rational Need for the Means Used in Defense

This is an accidental goal; if missing, it does not constitute complete self-defense but incomplete defense (cut off). It requires that the means of defense be the least invasive possible, using the lowest possible intensity. However, self-defense... Continue reading "Self-Defense and Necessity in Criminal Law" »