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

Sources of Nationality

Sources of nationality for a natural person can be biological or political:

Biological Sources

Based on the fact of birth, there are two main theories:

Ius Soli:

Nationals of a state are those born within its territory, regardless of the nationality of their parents.

Jus Sanguinis:

Nationals of a state are those whose mother, father, or parents are nationals of that state, regardless of their place of birth.

Political Sources

Establish an artificial link between the individual and the state.

Letter of Naturalization:

Achieved through an administrative act for individuals who meet the legal requirements.

Naturalization by Statutory Grace:

Granted through a law to people who have rendered distinguished service to the country.

Domicile

Principles of the Penal Procedure (Articles 134-138 LPC)

General Procedural Framework

The LPC does not regulate a specific infringement procedure but instead defines a set of guiding principles (Article 134 LPC). It mandates that any sanctioning action must follow a procedure established by law or regulation.

The specifics of the sanctioning procedure are developed through case law, particularly the jurisprudence of the Constitutional Court (TC). This administrative procedure is considered accessory, meaning it follows the principal matter.

Royal Decree 1383/1993 serves as a supplementary regulation to the LPC. It applies only in the absence of a partial or specific procedural rule. The power to regulate these procedures is generally autonomous... Continue reading "Principles of the Administrative Sanctioning Procedure in Law" »

Justinian's Legal Compilation: The Corpus Iuris Civilis

In the mid-sixth century, Emperor Justinian undertook the monumental task of collecting and systematizing Roman legal texts. This compilation drew from two primary sources:

• The works of classical Roman jurists, resulting in the Digest (or Pandects), an encyclopedic selection and summary.
• The imperial laws of his predecessors, compiled into the Code (a book of constitutions).

This comprehensive compilation was completed by the addition of the Institutions (a manual intended for legal students) and the Novellae (the "New Constitutions" promulgated by Justinian after the publication of the Code).

This entire set of books, known since the sixteenth century as the Corpus Iuris Civilis, became the... Continue reading "Justinian's Corpus Iuris Civilis: Structure and Legal Legacy" »

The American Revolution (AR)

Key Events and Dates

• July 4, 1776: The 13 colonies declared independence. Thomas Jefferson wrote the declaration.
• The war lasted until September 3, 1783.

The Boston Tea Party Context

Factors leading to the Boston Tea Party included:

• King George III and British policies.
• Imposition of taxes without representation.
• Desire for self-government and representative rule.
• Concerns over profit and trade control.

The 13 Colonies

Virginia, New Jersey, New York, Massachusetts, Pennsylvania, Maryland (and others).

The French Revolution (FR)

Causes and Early Events

In 1789, Louis XVI spent a lot of money on wars and consequently demanded high taxes from the populace.

• May 5, 1789: The Estates General met.
• July 14, 1789: The Storming of the Bastille.

The Employment Contract: Definition and Core Characteristics

The employment contract is an agreement between an employer and an employee, through which the worker agrees to provide services in exchange for remuneration. This fundamental agreement is characterized by:

• Voluntariness: Both parties freely enter into the agreement.
• Alienation: The worker provides services for the benefit of the employer.
• Dependency: The worker is subject to the employer's direction and organization.
• Remuneration: The worker receives payment for their services.

Subjects of the Employment Contract

The primary subjects of an employment contract are the worker and the employer.

Worker Capacity, Rights, and Duties

Workers generally have the capacity to work from 18 years of age.... Continue reading "Employment Contracts: Rights, Duties, and Legal Framework" »

Introduction to Roman Law Concepts

This document provides a framework for fully mastering key legal principles.

Key Elements of Roman Law Obligations

• Contract
• Stipulation
• Definition
• Delict

Contract Types in Roman Law

• Contract of Sale
• Lease
• Mandate
• Partnership

Consensual Contracts Defined

These contracts are perfected by the mere agreement (consent) of the parties. For instance, in a sale, the agreement covers both the delivery of the thing and the promise to pay the price.

The Roman Contract of Sale

The Contract of Sale is a consensual contract between a buyer and a seller, requiring a specific thing and a monetary price. It generates reciprocal obligations to provide the thing and pay the price. The contract is perfected by the consent of the parties, which... Continue reading "Roman Law Contracts: Sale, Obligations, and Property Rights" »

Understanding Legal Timeframes

At the right time. The passage of time impacts the legal system. It is relevant for acquiring the capacity to act, acquiring subjective rights, determining when they can be exercised, and their extinction.

Difference and Concept: Term and Deadline

The exercise of a right is always bound to a term, which marks the start or end of something. It's the exact moment at which a given action may commence (e.g., "you have to present on day 1"). The opposite, a deadline, indicates the period within which an act must be carried out (e.g., "you have to present between the 15th and the 20th").

Therefore, in the exercise of a right, both terms and deadlines are directly connected with the concept of working and non-working days.... Continue reading "Understanding Legal Timeframes: Terms, Deadlines, and Computations" »

Leave of Absence for Family Care

Leave of absence for family care will not last more than 2 years to care for a family member up to the second degree of consanguinity or affinity.

Termination of Employment Contracts

The termination of an employment contract is the end of the employment relationship between the company and the worker. When the contract is terminated, the employer must provide the employee with the payment of the amounts in a document known as a settlement.

The termination of the contract can be for different reasons:

Termination by Mutual Agreement

When both parties decide to terminate the contract, the employee is not entitled to severance pay or unemployment benefits.

Termination at the End of a Fixed-Term Contract

The contract ends... Continue reading "Employment Contract Termination: Rights and Causes" »

The King of Spain: Roles and Functions

Constitutional Mandate (Article 56.1)

The King is the Head of State, a symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions and exercises the functions expressly conferred by the Constitution and the law.

Nature of Royal Functions

The King's functions are designed to fulfill his symbolic, arbitration, and moderating purposes. He may use his personal influence, information, and counsel within the scope of his authority. These functions establish the King as a unique entity, separate from the three classic powers of the state. The Constitution separates the Head of State from the Executive Branch.

General Tasks

The Constitution attributes general tasks to... Continue reading "The King of Spain: Roles and Functions in Government" »

Procedure Definition and Elements of Administrative Action

The administrative procedure is a formal series of acts by which a concrete administrative action is implemented to achieve a finality.

1. Administrative activity determined to establish the factual assumptions from which it must proceed.
2. The participation of a plurality of individuals or bodies that have a particular intervention within the administrative procedure.
3. The need to adopt certain forms of action.
4. Participation of people with the status of parties in different procedures where the administration is acting.

Types of Administrative Procedures

Administrative procedures are classified as follows:

By Plurality of Activities:

• Special: Established by statute in certain sectors of administrative