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

Defining Power and Social Control

Power is defined as the ability or skills that individuals or groups possess to command and lead others. Those who wield power interfere with the will and actions of the governed, ensuring they adapt their behavior to the established scheme of the rulers. The regulation of power relations is based on a command-obey duality, where orders can compel obedience through violence and threats, or through dialogue and communication, while still imposing sanctions.

Power demands obedience from the governed, though they may choose not to follow orders. The likelihood of defiance depends on the coercive capacity (the capacity to punish) of the power holder to convince or compel obedience; if power is highly institutionalized,... Continue reading "The Dynamics of Political Power and State Sovereignty" »

Plurality of Parties: Essential Requirement

A contract is a legal act whose existence requires two or more people (parties). Unlike a will, which only requires the legally expressed will of the testator, a contract requires multiple parties.

The parties must also possess the capacity to contract. Incapacity can be categorized as:

• Absolute Incapacity: Those entirely incapable of contracting.
• Relative Incapacity: Those incapable only in specific, legally prohibited cases.
• Specific Prohibition: This includes, historically, professed religious individuals of either sex.

Concurrence of Wills (Consent)

The concurrence of wills is an essential element of a contract, representing the mutual intention of the parties. This intention must be demonstrated through... Continue reading "Essential Elements and Classifications of Contracts" »

Non-Resident Permanent Establishments in Spain

The notion of a permanent establishment (PE) or group includes three primary assumptions:

• Work Center: A work center is located in Spanish territory. It should be emphasized that the permanent establishment has no legal personality, unlike a subsidiary belonging to a parent (which would be a Group of Companies) which does have legal personality.
• Authorized Agent: An agent authorized to contract on behalf of a "headquarters" and acting on Spanish territory.
• Construction Projects: A work of mounting or construction exceeding 6 months (which is more specific and rare).

Structure of Taxation for PEs

Regarding the structure of taxation, we can establish that:

1. All income attributable to the permanent establishment

The Sources of Law

Concept of Source

When we speak of a source of law, we refer to the origin of the law. The source of the duty will arise where the norm is established. There are two main types:

• Material Sources: These are the social powers that create legal norms (society, state, international organizations, etc.).
• Formal Sources: These are the ways in which legal standards are set.

According to the civil code, the sources of law are the law, custom, and general principles of law.

Classification of Sources

Sources can also be classified as:

• Direct Sources: Those that are truly the source of law.
  • Written: Constitution, regulations, treaties, rules of Community law, etc.
  • Unwritten: Customs and general principles of law.
• Indirect Sources: These are not

Matters Regulated by Statute

Statutory law can regulate and influence any matter, provided it adheres to the criteria of the Constitution and the will of the legislator. However, the power of regulations is more limited, as certain matters are exclusively reserved for statutory law. The scope of a regulation is therefore subordinate, covering what the law permits or has not already established.

Certain subjects are always excluded from regulations. For example, Law 50/1997 of November 27 states that regulations cannot govern matters reserved for statutory law, violate rules of that rank, or classify crimes, misdemeanors, and administrative violations. Furthermore, regulations cannot establish taxes. These areas cannot be defined by regulation... Continue reading "The Role and Hierarchy of Government Regulations" »

Verbal Judgment Procedure (Item 23)

It is a simplified method characterized by the following stages:

• Demand
• Summons to a hearing
• Visa (Admission/Endorsement)
• Judgment

This procedure offers positive effects (speed) but also negative consequences (risk of harm to the right of defense).

Demand and Classification of Claims

Standardized Forms: Used for monetary claims when the amount does not exceed €2,000. The forms are available in court and must be made available to the public; no separate application is required.

Brief Demand: Required for demands greater than €2,000 or Verbal Judgments (JV) based on material subject matter. The demand must identify the plaintiff, the defendant, and the competent court. The claim must clearly establish the relief... Continue reading "The Simplified Civil Procedure: Understanding Verbal Judgment" »

Law: The Concept

Law is the set of rules and principles that govern human relations in society.

Right: A right is the entitlement of every human being to do what they are permitted or to claim what they deserve.

Substantive Law and Positive Law

Positive law is a system of rules established by a particular state and in force at a given time and place — that is, legislation. This law is subdivided into several types:

• Criminal law
• Civil law
• Other branches as applicable

Natural Law

Natural law is a set of principles and rules considered universal and unchanging that should guide positive law; it is the philosophical basis for claiming that a state's actions are just.

Legislative Law: Forms and Functions

The term law may be reserved for rules adopted by... Continue reading "Principles of Law: Definitions, Types, Legitimacy & Justice" »

Nationality and Citizenship: Core Concepts

The main links generated between a person and a country, which form part of the political society, stem from the ties of belonging, identity, citizenship, and political participation.

Nationality Defined

Nationality is the legal link between a person and a state.

Rights and Obligations Arising from Nationality

This link gives rise to:

• Rights: Calling for state protection (through legislation) and recognition of essential rights.
• Obligations: Compliance with laws, respect for the country, and defense of sovereignty and national security.

Chilean Nationality Acquisition

Chilean nationality is acquired through two primary mechanisms of origin (natural or biological):

• It operates for the simple fact of being born

The Third Level of Regulations

The third level consists of the regulations that dictate the other members, ministers, and ministerial orders. Regulation 50/1997 states that the Crown can never violate the decrees of the council or chairman.

Pure and Proper Regulations

Regulations not issued by the government are parliamentary regulations, which are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they just share the same name.

Regulations of the General Council of the Judiciary

The General Council of the Judiciary establishes rights, duties, and performance standards for judges and magistrates. There is no separation of powers within the General Judicial Council.

Individuals