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

Fundamental Principles of Bolivarian Thought

Freedom: Freedom is the main principle guiding the political life of Bolívar. Freedom means independence; it means breaking with dominance and is inherent in the condition of being able to express feelings without ties. Bolívar distinguishes two types of liberty:

• Civil Liberty: Bolívar calls this true freedom.
• Political Freedom: Based on the principle that nothing is more important for a citizen than the election of their officers.

Equality: Bolívar thought of political and social equality identified as effective and produced by the law, where there were no privileges. This was based on the following thought: "Nature makes all men unequal in genius, strength, temperament, and character; the law corrects... Continue reading "Political Philosophy of Simón Bolívar: Liberty and Power" »

Removal of Obstacles

Article 79

Administrative authorities or enforcement bodies within their jurisdiction are empowered to remove obstacles, construction, vehicles, or objects that are located, parked, presumed abandoned, or are held in public, in prohibited areas or places that hinder the normal development of vehicular and pedestrian circulation. The Rules of this Act shall establish the procedure to be followed in these cases.

Responsibility for Removal of Vehicles

Article 80

The power to remove vehicles parked by the Administration does not relieve responsibility for damage caused to them due to wrongful action in the operation completed. In any case, the administration, the owners of the trailer units, and their guarantors are jointly responsible... Continue reading "Traffic Regulations: Obstacle Removal, Accidents, Permits" »

Financial Law: An Overview

Law in financial management encompasses regulations concerning income and expenditure. These laws serve as policy instruments to manage the financial system, addressing both revenue and expenditure. They highlight the prevalence and greater relevance of the law compared to other sources of legal guidance.

According to the European Community (EC), two types of laws must be distinguished: organic and ordinary.

Organic Laws

Under Article 81, Organic Laws are reserved for specific matters, such as the development of fundamental rights, statutes of autonomy, the general electoral system, and other matters provided for in other provisions of the EC. In general, financial matters are not reserved for Organic Laws. However, some... Continue reading "Financial Law: Regulations, Legislative Decrees, and More" »

1. Who Enforces Administrative Acts?

The enforcement of administrative acts corresponds to:

• The Administration in any case
• The courts, if entry into the domicile of the affected party is required
• The Administration as a rule, with exceptions from Article 95 LRJPAC
• All are correct

Explanation

Enforcement is, as a rule, carried out by the Administration itself, a manifestation of the so-called executive self-protection (autotutela ejecutiva). This is established in Article 95 of Law 30/1992 (LRJPAC - Law on the Legal Regime of Public Administrations and Common Administrative Procedure). Exceptions include:

• Suspension of the effectiveness of the act in question.
• When the Spanish Constitution or other laws require judicial intervention (e.g., for entry

Ethical Relationships in Engineering

2. In the Relationship with the Company

Loyalty

Beyond compensation, one must take into account the work environment that exists in the company, and this depends entirely on the attitude that everyone takes within the team. It becomes very important to build trust, which depends on the relationship and loyalty each worker establishes with the company.

Loyalty is affected by competition. The company gains prestige through the service and the quality of products offered. In this sense, the engineer plays a crucial role since they are responsible for innovation and improvement. This condition can cause some practitioners to take advantage of their status.

There is a loyalty to the company according to the engineer... Continue reading "Ethical Relationships in Engineering Practice" »

Title VI: Transitional and Final Provisions for National Security

Chapter I: Transitory Provisions

Article 57. Update of Data and Records

National, state, and municipal entities, or those responsible for the control and registration of persons, goods, and activities within the security zones established by this Act, shall be required to update and provide such data and information within a period not exceeding six (6) months from the publication of this Act, for submission to the National Executive. The Council of National Defense is required to create a national registry of security zones to safeguard data and information, allowing the State, through its bodies, to monitor, control, and supervise persons, goods, and activities within these zones.... Continue reading "Venezuela Security Act: Transitional and Final Legal Provisions" »

The notice of administrative actions must generally perform reliably, i.e., proving effective against third parties for the receipt and identity of the notified document. Regardless of the general rules governing service in the administrative field, the LGT (General Tax Law) provides specific regulations concerning the place of notifications to persons entitled to receive notice and hearing. These issues are detailed in Articles 109 to 112 of the LGT.

The LGT sets the notification system under general administrative rules, with the following specialties:

Place of Notification Practice

• Proceedings at the Taxpayer's Request: Notification occurs at the place appointed for that purpose by the obligor or their agent, or at the tax residence of either.

Item 39 — Secrecy

Secrecy

This right is not fully regulated; it is the journalist's right not to disclose the identity of their source of information. It protects:

• journalistic freedom of information
• the anonymity of the source and the source's safety

In general, it guarantees freedom of communication.

• Right not to testify
• Right not to report

In the case of criminal proceedings (where public interest or confidentiality is not specifically regulated in Spain), the judge must weigh these two parameters, taking into account the seriousness of the crime and the public interest. Also considered is the importance of a disclosure either to punish the crime or to prevent the crime from being committed.

Academic Freedom

Academic freedom is the teacher's freedom... Continue reading "Secrecy and Academic Freedom: Journalistic and Educational Rights in Spain" »

The Spanish Constitution of 1812: A Landmark in History

The Constitution of 1812 was one of the most important political reforms in Spanish history. Its development began in early December 1810. The constitutional commission commenced its work in March 1811 after the courts moved from the Isla de León to the oratory of San Felipe Neri in Cadiz. In August 1811, discussions began on its lengthy articles, the largest of any Spanish constitution (including 10 titles and 384 articles). Its creators intended to clearly define their idea of a liberal state and the rights of citizens.

Content Breakdown

• Titles 1 and 2: Refer to national sovereignty, the separation of powers, and the rights and obligations of the Spanish.
• Title 3: Refers to the courts.

Promissory Notes

Functions similarly to a postdated check regarding the current account. It serves as a payment document delivered to a holder, who cannot make it effective until the date shown on it. Promissory notes are standardized and are issued by banks or companies with a format similar to a check.

A promissory note should contain:

• Title of note
• Pure and simple promise to pay an amount
• An indication of maturity
• Place of payment
• The name of the person to whom payment is to be made

Checks

A very useful method of payment, as its mere delivery transfers the amount of money it represents to another person. The recipient can cash it at the issuing bank or deposit it in another bank for collection.

From a legal point of view, a check is a valuable instrument... Continue reading "Understanding Promissory Notes and Checks" »