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

Causa Mortis Succession: Principles and Types

This section defines the various forms of succession upon death. Succession can be categorized by its origin (voluntary, legal, and mixed) and by its subject (universal succession and individual succession).

Voluntary Succession Defined

Voluntary succession occurs when the successor or successors have been freely chosen by the deceased, and the estate phenomenon is governed freely under a unilateral legal transaction, such as a testament, or by agreement with another person. The first case involves probate, while the second involves a series of contracts that the Civil Code (CC) supports only exceptionally and typically restricts.

Legal or Intestate Succession

Legal succession, also known as intestate... Continue reading "Legal Principles of Causa Mortis Succession" »

1. Key Changes in Working Conditions
a) Substantial change in working conditions: Hours
b) Geographic mobility: Transfer
c) Functional mobility: Work in a higher category
d) Substantial change in working conditions: Remuneration system
e) Geographic mobility: Transfer
3. If you can refuse, you would receive an award of 20 days per year worked, with a maximum of 9 months.
4. You can claim to be denied jurisdiction. If injustice is declared, you are entitled to your previous conditions.
Another way is to compensate you with 20 days for each year worked, up to 9 monthly payments or 45 days maximum per year of 42 monthly payments if it affects the dignity and professional status of the worker (court order).
5.
a) Placement group: You are entitled... Continue reading "Understanding Labor Rights and Compensation in Employment" »

Understanding Labor Unions and Worker Rights

Definition of a Union

A union is a permanent, institutional association of workers with independent functions. It can bring together employees, officials, self-employed individuals without dependent employees, the unemployed, and retirees with the goal of promoting the economic and social progress of its members. It performs advocacy functions, welfare services, and can engage in political participation.

Freedom of Association

Constitutional Framework

The right to freedom of association is recognized in Article 28.1 of the Spanish Constitution and is developed by Organic Law 11/1985.

Limitations

The Organic Law of Freedom of Association (LOLS) reserves the right to create a union for active workers, denying... Continue reading "Labor Union Fundamentals and Worker Rights" »

Modificación del Contrato Laboral

Movilidad Funcional

• Dentro del mismo grupo profesional o entre categorías profesionales equivalentes.
• Fuera del grupo profesional o entre categorías profesionales no equivalentes.

Movilidad Geográfica

Traslado Individual Definitivo

Opciones del trabajador:

• Aceptar el traslado.
• Extinguir el contrato (con indemnización).
• Impugnar ante la jurisdicción laboral.

Traslado Colectivo Definitivo

Desplazamiento Temporal

Modificaciones Sustanciales de Condiciones Laborales

Se consideran sustanciales los cambios que afecten a:

• Jornada de trabajo.
• Horario y distribución del tiempo de trabajo.
• Régimen de trabajo a turnos.
• Sistema de remuneración y cuantía salarial.
• Sistema de trabajo y rendimiento.
• Funciones (cuando excedan los límites

Fundamental Concepts in Ethics, Rights, and Governance

Personal Ethics Defined

Personal Ethics: Addresses the individual's actions in relation to oneself and the persons with whom one has a direct relationship.

Societal Ethics and Reflection

Ethics Field (Societal Reflection): This is the field of reflection concerning a larger reality, composed of everyone who, in one way or another, is part of our society.

Understanding Moral Commitment

Moral Commitment: The support that everyone feels obliged to give, in practice, to causes deemed fair.

The Individual Moral Imperative

A Moral Imperative: This depends on the awareness of the individual. The control of such a requirement is, and should be, handled by each individual, who must freely exercise that... Continue reading "Essential Definitions: Ethics, Rights, and Political Concepts" »

Administrative Jurisdiction: Material Exercise Techniques

Avocación

Concept of Avocación

Avocación means that a resolution may eventually be assumed by a higher hierarchical body if the decision on a matter attributed to a lower body is not deemed appropriate by the higher authority. This process allows for a shift in the exercise of competence for specific cases.

Characteristics of Avocación

• The act dictated by avocación is legally attributable to the higher hierarchical body.
• The causes for abstention and disqualification must be assessed in relation to the higher hierarchical decision-making body.
• The avocación itself cannot be appealed, but the resolution resulting from the avocación can be challenged through the appropriate legal remedies

Crimes Against Honor

Title 11 of Book 2

The first two chapters refer to slander and insults, keeping a parallel structure. The last chapter includes a number of general provisions. Honor has traditionally been a legal right deeply rooted in our system, and this constitution recognizes it as a fundamental right.

Slander

It can be interpreted that aggravated slander is a form of *injurias*. According to Article 205, slander is the imputation of a crime made with knowledge of its falsity or reckless disregard for the truth. It is a form of injury sustained in the most serious of the charges that are made.

Classes of Slander:

• With advertising: That is, they have been released. Prison sentence of 6 months to 2 years or a fine of 6 to 24 months. The reason

Theft (Art. 234)

Theft involves taking movable property without the owner's consent, with the intent of unlawful gain. The legal benefit protected is the owner's right to possess and enjoy their property.

Penalty: 6 months to 1 year and 18 months imprisonment if the value of the stolen property exceeds 300.

Elements of Theft:

• Ajenity: The property must belong to another person.
• Seizure of Movable Property: This applies to property that can be moved. If there is more than one owner, it may be considered misappropriation.
• Without Owner's Consent: The act must be done without the owner's will.
• Prior Consent: Consent must be valid and given prior to the act, or effective only after the liability is established.
• Intent of Gain (Lucro): This refers to the

Concessive Subordinate Clauses

Subordinate adverbial concessive clauses express an objection or difficulty to the action of the verb in the main clause, but do not prevent its fulfillment. They are introduced by conjunctions and conjunctive phrases such as *even though*, *although*, etc. These clauses may have fixed structures like *whatever*, *whatever I say*, *whatever I do*.

Verb Forms

A subordinate concessive clause can be constructed with the verb in the indicative or subjunctive mood.

Features

• Complement of Circumstance (CC): The subordinate adverbial concessive clause indicates a difficulty in fulfilling the predicate expressed by the main clause.
• Complement of the Sentence (CO): It expresses an objection to the statement in the main clause.

Habeas Corpus Procedure

The writ of habeas corpus is a constitutional right (Article 17). The detainee must be brought before a judge as soon as possible. It is a fast and simple procedure that reflects the right of any citizen to request an immediate appearance in court for arguments, after which a ruling is made on whether their arrest was legal or not.

Formal requests are not the only way to forward the request; a lawyer is not necessary. When does an arrest initiate the process of habeas corpus? When the detainee has not been read their rights, when the detainee is not in the place that legally pertains to them, or if there are delays in terms of temporary detention.

Jurisdiction for Habeas Corpus

The examining magistrate where the detained... Continue reading "Understanding Habeas Corpus, Police Certificates, and Catalan Autonomy" »