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

The Path to Spanish Democracy

The opposition called for abstention during the referendum held to approve legislation for universal suffrage. This marked the beginning of the legalization of political parties and unions, as well as the dismantling of key Francoist institutions, which unfortunately triggered an outbreak of ultra-right violence, terrorist activity, and unrest from groups like ETA.

Political Consolidation and Legalization

A primary necessity for stabilizing the nation was the legalization of the Communist Party (PCE), which faced significant resistance from the military and the "bunker" (hardline Francoists). It was finally legalized in 1977.

• UCD (Union of the Democratic Centre): Led by Adolfo Suárez, this coalition brought together

Understanding Constitutional Allegations

Constitutional allegations spanning two decades have been marked by intense confrontations, impacting all sectors and leading to unexpected political outcomes.

The Constitutional Accusation (AC) Mechanism

The Constitutional Accusation (AC) serves as a control mechanism for official acts of irresponsibility or irregularities in public functions. While the AC is a vital tool, it is not always the most appropriate procedure, as constitutional responsibility may also fall under criminal or administrative law.

Bases for Impeachment Offenses

• Impeachment offenses are explicitly detailed in Article 52 of the Constitution.

Performance and Inter-Branch Relations

• Parliamentarism necessitates immediate cooperation between

The Criminal Trial: Proof and Judgment

Proof is the core activity in the criminal trial process, upon which the court founds its justification and decides the case. Initially, one can only speak of holding a party's claims; however, this alone is insufficient to support the final decision. Verification activity within the process is necessary.

Therefore, we must consider the evidence only after all research activity conducted during the instruction phase by the judge has been completed. The trial is not merely for research but for judgment, and the judging authority must always be a different subject from the one who conducted the initial investigation.

Evidence Presentation and Appreciation

Evidence is only practiced before the judge, who must... Continue reading "Criminal Trial Evidence: Proof and Judicial Assessment" »

Item 2: Understanding Labor Strikes

Definition of a Strike

The strike is the most significant form of pressure available to workers. It is defined as a collective suspension of work, previously agreed upon by the employees. During a strike, the employer is not obligated to pay wages to those participating. Furthermore, the employer must respect the right to work of employees who choose not to join the strike.

Illegal Strikes

Strikes are considered illegal under the following circumstances:

• Strikes held for political reasons unrelated to worker interests.
• Solidarity or support strikes, unless they directly impact the professional interests of those promoting them.
• Actions seeking to alter terms already established in a collective agreement.
• Rotating

Banking Services

Characteristics

Banking services are activities undertaken by a bank at the request of its customers, satisfying a need. Their price is called a commission.

Differences from Goods

• Intangibility: Services cannot be perceived by the senses. You do not know if a service is expensive or not until it is used.
• Inability to Protect with Patents: Services cannot be patented; only the name is patented (e.g., Visa).
• Perishability: If a service is not used, it is lost.
• Impossibility of Appropriation: Purchase only grants the right to use the service, not ownership.

Debits

Debits are authorizations given to the bank to make collections and payments from a bank account.

• Collections: Payroll, pensions, broadcast collections.
• Payments: Utilities (electricity,

Key Principles of the 1869 Constitution

The Constitution of 1869 contains the principle of national sovereignty and develops a more extensive declaration of rights that recognizes the rights of habeas corpus and the inviolability of domicile and correspondence.

The Bicameral Legislative System

A system of representation is established where the legislature is set in two chambers:

• Congress: Composed of members who are elected by direct universal suffrage for men over 25 years.
• Senate: Consists of men over 40 years. The Senate is indirectly elected by the provinces but with a limited membership of the high civil, military, and religious sectors.

The two chambers have legislative initiative and choose the regency.

The Role of the King and the Judiciary

The... Continue reading "Spanish Constitution of 1869 and the Reign of Amadeo I" »

Limited Liability Company (S.L.)

A capitalist company structure, ideal for businesses with a limited number of partners and moderate capital requirements.

General Characteristics of an S.L.

• The number of partners can be one or more. Single-member companies are known as sole proprietorships.
• The partners' liability is limited to their capital contribution; they are only responsible for the capital invested.
• The share capital is divided into shares. It must not be less than €3,000. At the time of incorporation, the capital must be fully subscribed and paid; no unpaid liabilities (unpaid portions) are permitted. Capital can be contributed in cash, property, or rights.
• The corporate name must be followed by "S.L." or "S.R.L." (Sociedad de Responsabilidad

Administrative Law

These are the joint rules governing social institutions and the acts of the executive for the achievement of public purposes.

Space Law

A set of rules and principles governing air navigation in its legal aspect.

Employment and Labor Law

This branch of legal science covers all positive norms and doctrines concerning the relations between capital and labor, and between management and labor (intellectual, technical, managerial, or manual control). It addresses the contractual and legal aspects constituting two basic elements of the economy where the state, as a neutral and higher power, defines the main lines of the rights and duties of both parties in the overall process of production.

Business Law

A collection of rules determining... Continue reading "Essential Classifications of Legal Science and Practice" »

System Security: Prevention and Relief

The security system is an integrated package for the prevention and relief of personal risks through individualized and measurable economic benefits.

General System Eligibility

• Persons aged 16 years and foreigners residing in Spain.
• Employed workers, salesmen, bullfighters, artists, professional athletes, prisoners, clergy.
• Individuals working in roles that necessitate inclusion in special work schemes.
• Individuals with marginal employment that does not constitute a primary way of life.

Special Arrangements

• Agrarian workers.
• Self-employed workers (autónomos).
• Special Scheme for domestic employees.
• Special Scheme for coal mining.

General Social Security Scheme

A) Company Registration

Any employer recruiting workers... Continue reading "Spanish Social Security System: Registration and Benefits" »

Social Security Protection

Social security is designed to ensure that employees and their dependents receive adequate protection during situations of need, such as accidents, sickness, or unemployment.

Types of Social Security

• Contributory: Includes workers residing and operating within the national territory.
• Non-Contributory: Includes Spanish residents who are not covered by the contributory system due to insufficient contributions or lack of eligibility for benefits.

Social Security Regimes

• General Regime: Covers employees who perform services under standard conditions.
• Special Regimes: Applies to those whose services have specific features, including:
  • Agricultural workers
  • Seafarers
  • Mineworkers
  • Self-employed individuals
  • Special officials
  • Domestic workers
  • Students
  • Other