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

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" »

Organic Law Against Trafficking and Consumption of Drugs and Psychotropic Substances (LOCTICSEP)

Enacted on July 17, 1984.

Reforms Timeline

• September 30, 1993
• October 5, 2005 (LOCTISEP)
• October 26, 2005
• November 15, 2005
• December 16, 2005 (In force, GO No. 38,337)

Established Procedures

The law establishes two distinct procedures:

1. In the case of illicit use of narcotic and psychotropic substances.
2. In the case of crimes.

Note: With the entry into force of the CCP on July 1, 1999, the special criminal procedure for crimes established by the Drug Act was repealed (Art. 516 CCP).

Criminal Types

Unlawful Possession (Article 34 LOCTICSEP)

Definition: Whoever illegally possesses narcotic drugs, psychotropic substances, or mixtures/essential chemicals covered by... Continue reading "Ecuador's Drug Trafficking and Substance Law Analysis" »

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" »

Types of Legal Company Forms

1. Individual Company

1.1 Self-Employed (Sole Trader)

• Work for oneself: Suitable for individuals.
• Liability: Unlimited liability for debts.
• Taxation: Your profit is taxed via Income Tax.
• Minimum Capital: No minimum capital required.
• Name: Must be the name of the owner.
• Activity: The activity should be profitable.

2. Social Enterprise (Company)

2.1 Capitalist Societies

Sociedad Anónima (SA)

• Members: At least 1 member.
• Minimum Capital: €60,101.21, divided equally into shares.
• Taxation: Corporation tax.
• Name: Name + "SA".
• Liability: Limited liability.

Limited Liability Company (SL or SRL)

• Partners: At least 1 partner.
• Minimum Capital: €3,005.06.
• Taxation: Corporation tax.
• Name: Any name or "SL" + "SRL".
• Capital Structure: Capital divided

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

Article 6 — Organic Law of the State (BOE, 10 Jan 1967)

Article 6 of the Organic Law of the State (BOE of 10 January 1967). Text nine.

Together, we can consider the Franco regime as a constitutional dictatorship. Franco, not having a constitution as a fundamental norm of the state, resorted to the procedure of making laws, which were drafted according to current needs. During the Civil War, lawmaking developed outside normal channels. Back in the 1940s, others were written such as the Law of Courts, the Jurisdiction of the Spanish, the Referendum Law, and the Law of Succession to the Head of State. In 1958 the Act of the Fundamental Principles of the Movement was issued.

Despite this body of law, the legal apparatus of the system was incomplete.... Continue reading "Franco Regime: 1966 Organic Law of the State Referendum" »

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