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

Dies a quo

The day from which a period begins to run.

Eminent Domain

The coercive transfer of private property for public use or social interest, accompanied by the payment of its economic value or fair compensation.

Interdictus

A civil action to retain or regain possession of property, irrespective of ownership. The focus is on possession, not ownership.

Interdictum Proprium

The power conferred upon the administration to reclaim possession of its assets or public domain without recourse to a court.

Orders

Typical administrative acts that impose duties to perform, refrain from performing, or endure certain actions.

Authorisations

An administrative act by which consent is granted for the exercise of a private activity, which would otherwise be prohibited.... Continue reading "Key Legal and Administrative Terms Defined" »

Traditional Logic

Traditional logic is a part of philosophy characterized by its instrumental nature, serving as the organon for discovering truth with certainty and correct procedures. It was defined by Plato and built upon by Aristotle.

Modern Logic

With Hegel, modern logic detaches from its instrumental task, elevating itself to an ontological level. Its specific configuration is found in the determination that logical and ontological operations are on par, within the closed unit of a dialectic.

Semiotics

Semiotics is the study of signs in social life, serving as the general theory of signs.

Transition from Law Concept to Legal Standard

In the nineteenth century, sociology began to usher in a change of subject, where the theory of law would be... Continue reading "Foundational Concepts in Logic and Jurisprudence" »

Employment Contract Termination Rules

1. Termination Due to Contract Duration Compliance

This applies when the contract reaches its stipulated end date or the completion of the service for which it was hired.

Causes

• Completion of the agreed duration or performance of the contracted work or service.

Procedure

• If the contract duration is greater than 1 year, the employer must notify the company at least 15 days in advance.

Indemnity

• The employee is entitled to 8 days' wages per year of service (or the legally established rate for temporary contracts).

2. Worker Resignation (Voluntary Termination)

Causes

• The worker's decision need not be justified.

Procedure

• The worker must provide notice of resignation at least 15 days in advance.
• In case of breach of the

Hierarchy of Spanish Courts

The following sections describe the hierarchy of courts in Spain and the main characteristics of each court type.

Justices of the Peace

Justices of the Peace (Jueces de Paz) have the following attributes:

• Minimum age: 18 years.
• Must know how to write.
• Can resolve small local issues and handle certain administrative formalities.
• Keep civil registration books (marriages, births, deaths, divorces).
• Are usually chosen by the municipal council and frequently found in villages.
• Exist in every municipality where there is no Court of First Instance and Instruction.
• They are not professional judges and are elected for four-year terms.

Courts of First Instance and Instruction

Courts of First Instance and Instruction (Juzgados de Primera... Continue reading "Spanish Court Hierarchy and Types of Courts" »

Industrial Property (Commercial)

A set of intangible fixed assets affords legal custody to business owners, protecting the value of their assets and differentiating their companies within the market. Key elements include:

• Brand Name: Products or services identified by customers through brands.
• Industrial and Artistic Designs: Lines, shapes, colors, or elements that distinguish products (industrial design) and may include reproductions of artwork.
• Patents: Protect new inventions. There are three types of inventions:
  • Inventions of Order: Made by an employee during their contract term, specifically for the purpose outlined in the contract. The invention belongs to the employer, unless it is deemed significant, in which case the employee may be entitled

Sections and Polling Stations

Topic: The provincial/territorial division that ensures an orderly election day and provides citizens with information to exercise their vote.

The Table: The final place in the section where citizens cast their ballots. A section may have several tables, often divided by last name.

The board is composed of a president and two members. The municipality of the area organizes it. Members are appointed by lot from among designated persons in that section who are under 65 years old and literate. Those over 65 belong to the 3rd Age group.

The president must have a Bachelor's degree, vocational qualification, or graduate degree. A deputy chairman must also be elected.

Failure to attend by the president or members is a crime;... Continue reading "Understanding Electoral Sections and Processes" »

The Constitution of 1812 and the National Militia

The 1812 Constitution refers to the militia in Articles 362 to 365. Each province was to have a body of National Militia, composed of inhabitants of these provinces. It had police functions, dependent on local councils, often lacking coordination. This militia was separate from the regular army and composed of two branches: infantry and cavalry. The Constitution of 1812, which initiated the constitutional era, notably passed without a comprehensive declaration of rights and freedoms. This encouraged a trend, repeated over centuries, to enhance governmental administration against military influence. However, this was largely ineffective, as public order remained under military jurisdiction and... Continue reading "Evolution of Spanish Public Order and Security Forces (1812-1872)" »

Training Contracts

Training Contracts for Skill Acquisition

This contract aims at the acquisition of theoretical and practical training necessary to develop a proper job or one that requires a specific qualification.

• Requirements:
  • Must be under 21 years of age.
  • Must not possess the necessary qualifications for a practical contract.
  • Must not have previously performed the job role before being contracted by the company.
• Duration: Between 6 months and 2 years.
• Working Day: Full-time, with a portion dedicated to theoretical training and the remainder to practical work.
• Remuneration: As established in the collective agreement.
• Social Security: Contributions are set annually by the government; these contracts do not generate a right to unemployment benefits.

Expert Evidence and the Coroner

This section discusses the accuracy of underlying facts in criminal accusations, categorized by types of proof:

• Absolute Proof: By itself, defines the certainty of a legal fact.
• Evidentiary Proof: The conviction that facts bring to the expert.
• Non-Evidentiary or Relative Proof: That which does not establish certainty in expert evidence, leaving only a probability.
• Refuting Evidence: Having absolute value over all other evidence, sufficient to invalidate any positive finding.

Criminalistics and Legal Medicine

Criminalistics

According to Moreno and Gonzalez, Criminalistics is the discipline that applies the methods of natural science research in the examination of sensitive material significantly related to an alleged... Continue reading "Forensic Investigation and Expert Evidence" »

UNIT 13 Common Requirements for the Derivative Acquisition of Nationality: Article 23 states that the common requirements for the validity of the acquisition of Spanish nationality by option, certificate of naturalization, or residency are the following:

1. That the individual is over 14 years old and able to make a statement on their own, swearing or promising allegiance to the King and obedience to the Constitution and the laws.
2. To declare that the same person is renouncing their former nationality.
3. The acquisition must be registered in the Spanish Civil Register. These requirements must be met by an appropriate declaration before the civil registrar concerned.

ITEM 14 The Acquisition by Civil Neighborhood Residence: Art. 14.5 states that through... Continue reading "Understanding Common Requirements for Spanish Nationality Acquisition" »