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

The Habit (Custom): Concept and Characteristics

Concept of Custom

In the list of sources of law, custom follows law. The fundamental difference between the two lies in their source of origin. Law originates from the political organization society establishes to develop guidelines or standards of living. Custom, conversely, originates from society itself, unorganized, and through the observation of repeated behavior, it becomes compulsory.

Elements of Custom:

• Material Element: Repetition of a behavior.
• Spiritual Element: The conviction that the behavior is obligatory (opinio juris sive necessitatis).

Characteristics of Custom

Custom is an alternative source of law, leading to two main consequences:

1. Customary law is applied only when there is no specific

Question on Jurisdiction

In one complaint, in apparent connection, Joseph was charged with practicing three burglaries in Campinas and a theft in Americana, the latter in May and the former in April of this year. In that case, the power to decide on the eventual receipt of the complaint and prosecution of their criminal action is:

(B) Of the Criminal Court of the District of Americana.

Choose the Correct Alternative:

(C) A Minister of the Federal Supreme Court, responsible for a crime, will stand trial before the Senate. (CR/88, 102 c).

State Military Justice Competence

Regarding the competence of the State Military Justice, mark the correct alternative:

() The judge deems peculiarly military crimes committed against civilians, and the Council of

Constitutional Law: State Organization & Rights

Constitutional Law is formed by the rules contained in the most important laws of a state. No other law can contradict it without being declared unconstitutional. It defines the organization of state powers, the rights and duties of residents, and establishes the fundamental principles upon which the political-legal and social framework rests.

Administrative Law: State Operations & Public Interaction

The Administrative Law is the set of rules governing the operation of the state and administrative power, including the interactions between different administrative bodies and their relationship with individuals. This branch of law originated with the French Revolution.

Criminal Law: Punishable

Economic and Social Rights in the Spanish Constitution

The Spanish Constitution (CE) designs a proper economic system based on the concept of the Social Market Economy. Its fundamental regulatory content is found in two different parts of the Constitution:

Dual Regulatory Framework: Articles 33, 38, and Title VII

The regulatory framework is established in two key areas:

1. On the one hand, the First Title, which contains key Articles 33 and 38, guarantees the right to private property and free enterprise within the market economy.
2. In addition, Title VII, primarily in Articles 128 to 131, includes a wide range of possibilities for state intervention in the economy and public sector development.

Three Regulatory Layers of the Spanish Economic System

The... Continue reading "Spanish Constitution: Economic Rights and Market Structure" »

Understanding Active and Passive Bribery

Passive Bribery

Passive bribery occurs when:

• The perpetrator is an authority or public official who requests or receives consideration.
• The typical action involves requesting or receiving an offer or promise of economic value (regardless of the amount or timing) for performing an act that only the official can perform, and this compensation is not legally entitled.
• The legal interest protected is the duty of neutrality in public administration.
• Offering or accepting gifts in traditional situations where the value is small and the behavior is socially appropriate is not considered bribery.

Proper Passive Bribery

Article 419: Any authority or public official who, for their own benefit or that of a third party,... Continue reading "Understanding Active and Passive Bribery in Criminal Law" »

-ISM

• Consumer - Consumerism
• Environment (adj) - Environmentalism
• Professional (adj) - Professionalism

-IST

• Biology - Biologist
• Optimism - Optimist
• Pacifism - Pacifist
• Physics - Physicist
• Piano - Pianist
• Race - Racist

-SHIP

• Citizen - Citizenship
• Friend - Friendship
• Member - Membership
• Relation - Relationship

-(E)TY

• Anxious - Anxiety
• Safe - Safety

-ITY

• Creative - Creativity
• Equal - Equality
• Generous - Generosity
• Popular - Popularity

-NESS

• Aware - Awareness
• Ill - Illness
• Kind - Kindness
• Lonely - Loneliness
• Weak - Weakness

-ENCE

• Confident - Confidence
• Different - Difference
• Intelligent - Intelligence
• Patient - Patience

-URE

• Literate - Literature

Cultural Freedom of Communication

Government Commitment to Culture as a Right

The Spanish Constitution recognizes culture as a fundamental right, requiring positive action from the government. This right is central to the Constitution, providing a comprehensive vision of various cultural phenomena.

The Principle of Enculturation: Democratic and Universal Culture of Fundamental Rights

Fundamental rights, embodying freedom and tolerance, are integral to culture. They represent the highest values of every culture, universally recognized through intellectual reflection.

Culture encompasses the spiritual, material, intellectual, and emotional characteristics of a society or social group. This includes arts, literature, lifestyles, fundamental rights,... Continue reading "Cultural Heritage Law and Freedom of Communication in Spain" »

Legal Provisions for Child Protection and Custody (Law 54/2007)

Article 172, Paragraph 3: Implementation of Custody

The custody assumed at the request of parents or guardians, or the guardianship role of the Ministry of Law, shall be implemented through foster care or residential care.

• The foster care shall be held by the person or persons identified by the Public Entity.
• The residential care shall be exercised by the Director of the institution that has taken the child.

Parents or guardians may object within two months of the administrative decision regarding the placement, if they consider that the agreed modality is not best for the child, or if there are other designated persons within the family circle who are better suited.

Article 172, Paragraph

Pretrial Detention

Pretrial detention is recognized as a necessary evil in all legal systems. It represents the most serious interference that state power may exercise in the sphere of an individual's freedom without a criminal conviction. A strong justification is needed to warrant it. It consists of the total deprivation of the accused's fundamental right to freedom of movement through their confinement in a prison facility for the conduct of criminal proceedings. It is implemented when it is the only way to ensure the normal course of criminal procedure. The only constitutionally legitimate purposes that detention may serve are to prevent the flight of the accused, which might hamper the investigation, and to prevent the concealment or destruction... Continue reading "Understanding Pretrial Detention and Probation in Criminal Proceedings" »

Roman Law Essentials: Part II

Buy and Sell Contracts (Emptio Venditio)

Key Subjects in Buy and Sell

• Seller (Venditor): Obligated to deliver the thing (rem tradere).
• Buyer (Emptor): Obligated to pay the agreed price (pretium solvere).

Actions and Responsibilities

• Actions: The transaction involves the act of buying and selling.
• Seller's Liability: Responsible for custodia (safe-keeping), dolus (deceit), and culpa (fault). Must answer for defects of the thing and could pay double for non-existent qualities.
• Arras (Earnest Money): A quantity or object given as evidence of consent to the contract.
• Sale of Future Things:
  • If the existence of the thing depends on the seller, the buyer can claim damages (dolus).
  • Sales of hope (emptio spei) are at the buyer's risk