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

Unit 5: Government Regulatory Acts and the Range of Law

Rules with the Force of Law from Government Action

Characterization of Legislative Power Exercised by the Government:

Rules possessing the force of law originate from the government through specific instruments:

• The Decree-Law.
• The Legislative Decree.

A rule having the force of law is a government law, although the primary source of laws is the central Parliament, regional parliaments, or autonomous parliaments. A rule cannot be considered a law if it does not originate from the body authorized to develop such standards.

Necessity for Government Legislative Capacity:

The process of enacting a law often requires a long duration, which can sometimes render the resulting law dysfunctional or inadequate... Continue reading "Government Regulatory Acts and Legislative Power" »

Unit 13: Philosophical Basis of Democratic and Legal Status

Law is the system or set of norms, rules, and laws that order and organize human behavior and coexistence in a group or society.

Legal Rules

• Require and prescribe
• Are enacted by the state
• Ensure and support their implementation
• All obligations are to be general

The Purpose of the State

The purpose of the state is mainly directed to:

1. Social peace
2. The relationship between equal citizens
3. Safety
4. Protection and guarantee of fundamental rights
5. Freedom and justice

Division of Law

1. Objective / Subjective
2. Public / Private
3. Natural / Positive

Iusnaturalism

Iusnaturalism argues that there is a natural right that corresponds to the law of nature, which must be met to be what it is we own.

Positivism

Positivism, by contrast,... Continue reading "Understanding the Philosophical Foundations of Democracy and Law" »

Export Management: A Step-by-Step Process

• The exporter contacts the buyer.
• A letter of offer is sent.
• This includes a clause listing the sale and terms of payment (letter of credit, collections, and cash).
• This is returned signed by the buyer, once they accept the offer, signifying acceptance and agreement. (Proforma invoice)
• The exporter contacts their bank to instruct the terms of this business and make contact with the foreign bank.
• At the same time, an international arbitrator is defined in case of future disagreements.
• A carrier is chosen and a space reservation is made.
• Insurance must be acquired to cover the goods.
• A customs agent should be hired. The agent prepares and presents the DUS (Declaración Única de Salida) Acceptance Procedure electronically

Legal Framework of the Decree Law

This enabling budget is always applicable, so a maximalist view leads to the normal use of the decree law.

The framework of the decree law should be set by the government, which is the subject that dictates the norm to be assessed according to criteria of political prudence when the country's governance requires urgent action.

Scope and Congressional Control

• It should be excluded from certain areas and is considered an interim standard; once passed, Congress intervenes.
• Political control by Congress and the Constitutional Court (TC) is legal.
• The use of the decree law regarding its application is very wide for fear of leaving it as a purely residual instrument. It is a very useful mechanism in the hands of governments

Conflict of Laws and Normative Criteria

Commentators developed casuistic criteria for decoupling the problem of conflicts between norms. These norms belonged to a unique pattern of "national" law or political subjection. For instance, contracts and wills were governed by the law of venue (the forum law); personal status was governed by the law of the person concerned. These solutions are subsumed under the formula that the scope of the rules is dependent on the level of power that issues them. For example, in the case of real estate, the law agrees with the territory; in the case of individuals, it coincides with the study of subjects. This approach promoted the adoption of flexible solutions and the rejection of rigid, abstract, and immobile... Continue reading "Medieval Legal Theory: Jurisdiction and Conflict of Laws" »

Social Security System Membership Requirements

Membership is regulated by Article 13 of the General Social Security Law (LGSS) for the entire system.

Concept of Social Security Membership

It is an administrative act by which the General Treasury of Social Security (TGSS) recognizes the status of inclusion in the Social Security System to the individual who first performs an activity crucial for inclusion in the scope of implementation. (Membership is the legal title for the acquisition of Social Security rights.)

Key Features of Membership

Membership carries several defining characteristics:

• It is mandatory for persons included in the system for the purpose of rights and obligations under their contribution.
• It is unique and comprehensive for all

Preliminary Observations on Constitutional Amendments

Key considerations include:

• Finding a proper balance between rigidity and flexibility in the amendment process.
• Avoiding two potential pitfalls: rules for constitutional change being either too rigid or too flexible.

Initiating Constitutional Amendments

• Typically, the Parliament holds the right to initiate the amendment procedure.
• Individual members of parliament may have this right in some constitutions, but not in others.
• Some constitutions grant this right to the Government, the Head of State, or local authorities.
• Several constitutions allow citizens to initiate a proposal through popular vote or initiative.
• Some constitutions mandate a specific time interval between the initiative and the parliamentary

Internal Revenue Service: Mission & Vision

Our Mission: Fair & Just Tax System Management

The mission of the Internal Revenue Service (IRS) as a state institution is the fair and just management of the internal taxation system, aiming to achieve fiscal targets. We facilitate voluntary compliance by providing quality services tailored to each type of taxpayer, ensuring proper tax compliance in strict accordance with the law. Our supervisory efforts are focused on taxpayers exhibiting risky tax behavior.

Our Vision: Excellence in Tax Administration

The IRS strives to be perceived by its customers as an institution of excellence: transparent, operating with equity, and in strict adherence to laws and regulations. We aim to provide quality... Continue reading "Internal Revenue Service: Mission, Functions, and Taxpayer Obligations" »

Understanding the Fundamental Right to Strike

• A strike is a fundamental right of workers enshrined in the constitution.
• It consists of a voluntary cessation of work as a means of pressure to defend professional interests.

Legal Consequences of a Strike Action

• Employment contracts are suspended; the worker does not perform duties, and the employer is not required to pay wages or trade.
• Employers cannot penalize workers for striking or hire replacement staff.
• The rights of those who choose to continue working must be respected.
• The worker remains registered with social security, though contributions are not made during this period.

Authorized Parties for Calling a Strike

• Workers' representatives (unions) by a majority decision.
• Workers themselves, if adopted

Notable Venezuelan Figures

Andrés Bello was born in Caracas on November 29, 1781. A humanist, poet, lawmaker, philosopher, educator, and critic, he authored a polygraph that serves as a strong foundation for the emerging Latin American civilization. He was the first son of Bartolomé and Ana Antonia López y Bello.

Few of Bello's early works with uncertain dates are preserved. He wrote some poetry, including:

• The poem To the Vaccine
• An ode To Anauco
• The sonnet To an Artist
• The eclogue The Habitation of the Tagus
• The eclogue Tirsis Shady
• A romance A Samán
• An ode To the Spacecraft
• Sonnets To the Victory of Baylen and My Wish

José Félix Ribas

Born in Caracas on September 19, 1775
Died in Tucupido on January 31, 1815

José Félix Ribas was the last of eleven... Continue reading "Venezuelan History and State Structure" »