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

Civil Servants (Funcionarios)

Individuals employed in public administration roles, operating under a statutory appointment. This typically involves permanent service and a fixed salary. They may serve the administration on a temporary or statutory basis.

Selection Systems

• Opposition (Oposición): Candidates undergo one or more tests to demonstrate their capacity for the vacant position.
• Contest (Concurso): Candidates are selected based on the assessment of their merits (e.g., experience, qualifications) without competitive examinations.
• Contest-Opposition (Concurso-Oposición): A combined procedure involving both the assessment of merits and the successful completion of specific tests.

Career Progression

Professional Classification

Jobs are classified... Continue reading "Spanish Public Administration: Roles and Processes" »

Collective Labor Conflict

Conflict collective work:

• Agreement between the parties: voluntary.
• Reconciliation: the parties agree to a third party to intervene to facilitate negotiations but with no decision power.
• Mediation: the parties agree to a third party to intervene and offer settlement proposals, but that third party has no decision power.
• Arbitration: a third party intervenes and the arbitrator imposes a solution.

Working Time, Breaks and Shifts

Labor Weather: (working time and related rules)

Daily and Weekly Limits

• Day: up to 40 hours per week.
• Maximum per day: 9 hours per day, respecting required breaks.

Breaks and Rest Between Shifts

• Breaks within the day: 15 minutes; this applies when the workday continues beyond six hours.
• Rest between shifts:

First Aid Procedures

PAS: Protect, Alert, Assist

Protect: Prevent further accidents. This includes:

• Visibly signal the accident site.
• Cut off electric power if machinery is involved.
• Divert traffic away from vehicles.

Alert: Notify emergency services. To express with clarity and precision, state where you are calling from and indicate the exact location.

Assist:

• Check if the injured person is breathing or bleeding.
• Speak to them to see if they are conscious.
• Check for a pulse.

Prioritizing Injured Persons

Order of priority for assisting injured persons:

1. Unconscious, without breath or pulse.
2. Severe wounds or heavy bleeding.
3. State of shock.
4. With open wounds.
5. Serious injuries.
6. Fractures, eye burns.
7. Remaining casualties.

Triage

Classification of injuries to separate... Continue reading "Essential Safety, Business & First Aid Information" »

The Evolution of Constitutionalism: Foundations and Debates

The concept of a constitution as a fundamental norm raises a crucial question: can and should the validity of the State's rules be judged based on a foundational rule that precedes the very authority of the State? This perspective suggests that the State itself exists only as a result of a meeting of minds, an elected leadership that the government should pursue jointly.

Historical Phases of Modern Constitutionalism

For some scholars, the opening phase, marked by the constitutions of the post-World War II era, represents the second major phase in the history of modern constitutionalism – the history of rights and freedoms. This follows the first phase, characterized by revolutions.... Continue reading "Constitutionalism's Evolution: Rights, State Power, and the Bill of Rights" »

The Ordinary Process of Constitutional Reform

The ordinary process of reform (Article 167 EC) consists of different variants. In its basic form (Article 167.1 EC), the reform project—which is strictly speaking from the Government, or a proposition from the Congress or Senate—must be approved by a majority of three-fifths (3/5) of each of the Chambers. This majority is calculated in relation to the total number of its members de jure, a parliamentary practice that applies to those who have acquired the full status of Deputies or Senators respectively.

The Constitution provides for the possibility that the two Houses disagree on the text adopted by each of them. If there is any difference in the text approved by the Senate with respect to the... Continue reading "Spanish Constitutional Reform Procedures: Articles 167 and 168" »

Key Declarations of Fundamental Rights (18th–20th Century)

This compilation lists significant declarations and conventions concerning fundamental rights:

1. The Bill of Rights of Virginia, 1776 (U.S. wedge)
2. The Act of Independence of the United States, 1776.
3. The Declaration on the Rights of Man and Citizen, 1776.
4. The American Declaration of the Rights and Duties of Man, 1948.
5. The Universal Declaration of Human Rights, 1498.
6. The European Convention for the Safeguarding of Human Rights and Fundamental Freedoms (Rome Convention), 1950.
7. The International Covenants on Economic, Social and Cultural Rights and Civil and Political Rights, 1966.
8. The American Convention on Human Rights (Pact of San José de Costa Rica), 1969.
9. The Final Act of the Conference on

The Roman Senate

The Senate was the second major element of Republican politics. Its predominance was a natural consequence of having classic annual magistrates.

The Body of Nobilitas

The Senate was the most important body, representing the Nobilitas. Senators were composed of Patres (patricians) and Conscripti (plebeians).

Election and Selection

Senators were elected via plebiscite (318–312 BC) to transfer the functions of consuls to the senators. This plebiscite prescribed the method for electing senators.

Political practice determined the graduation of judges eligible to serve as senators. First, the censors wrote to former dictators and ex-censors. After the former consuls, the Senate met when convened and chaired by a judge who held Agendi

Canadian Criminal Justice and Policing Terminology

Foundational Legal Concepts

Criminal Code

Federal legislation that sets out criminal law procedures, rules for prosecuting federal offenses, and sentencing guidelines.

Canadian Charter of Rights and Freedoms (Charter)

A fundamental component of the Constitution Act that guarantees basic rights and freedoms to individuals in Canada.

Constitution Act, 1867

The constitutional authority defining the division of legislative responsibilities between the federal and provincial governments.

Rule of Law

The foundational principle of the Canadian Legal System, ensuring that all persons are subject to and accountable under the law.

Stare Decisis

The legal principle by which higher courts set binding precedents that... Continue reading "Key Concepts in Canadian Criminal Justice and Policing Terminology" »

Commentary on Article 6 of the Organic Law of the State (1967)

This document, a primary legal and political source, represents one of the fundamental laws of the Franco dictatorship in Spain. Authored by the Spanish government, it exemplifies the legal framework of the regime. The Franco regime, a conservative military dictatorship, ended with Franco's death. Despite its illiberal and undemocratic nature, the dictatorship aimed to establish a set of basic laws. These included the Labour Law (drafted during the Civil War), the National Development Law, and other legislation outlining Franco's principles. However, the legal apparatus remained incomplete, requiring court appearances to clarify legal interpretations.

Purpose and Context of the Organic

The Division of Powers

The Spanish state is organized into three main branches: legislative, executive, and judicial.

The Legislative Branch

The Spanish Constitution provides for the General Courts (Cortes Generales), which represent the Spanish people and consist of the Congress of Deputies and the Senate. Their primary functions include:

• Exerting legislative power.
• Approving budgets.
• Controlling the actions of the government.
• Members are elected every four years.

Executive Power

The Executive Power is exercised by the Government, which directs domestic and foreign policy, as well as civil and military administration. It is composed of the President, Vice President, and Ministers. Occasionally, the executive branch performs legislative functions.

The