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

Ordinary General Resource Classes

Ordinary General Resource classes can be filed for any reason and apply to any type of event.

Types of Administrative Appeals

• An appeal (Alzada): This is directed against acts that do not exhaust administrative remedies. It comes before the superior body of the one that dictated the act.
• Appeal of Revocation or Replacement (Reposición): This is optional, aimed at acts that exhaust administrative remedies, and is submitted to the same body that issued the act.

Extraordinary Revision Procedures

An extraordinary revision is raised against final administrative actions before the court that ruled on them, specifically where certain circumstances prescribed by law exist:

• Error of fact resulting from the documents on file.

Classes of Official Duties

Economic, non-economic, and social union.

A) Economic

Officials are entitled to basic pay, salary and bonuses, triennial bonuses, and additional remuneration for extra allowances, specific productivity, and gratuities.

B) Non-economic Rights

At the office, career development, appropriate treatment, dignity and privacy, leave, etc.

C) Trade Union Rights

To self-organize, to strike, and trade union participation and representation.

D) Social Rights

Contingencies and benefits in general, basic and complementary.

Duties of Officials

The duties of officials are understood as the legal obligations they have regarding the services provided in public administration.

Classes of Duties of Officials

From a moral, professional, and political... Continue reading "Official Duties and Rights in Public Administration" »

Differences Between Limited Partnerships and Corporations

Occasionally, questions arise concerning the constitution of a limited partnership or a corporation. What follows are some features that can lead us to choose one or the other:

Type of Activity

The type of activity can influence the election. In principle, a limited partnership may engage in any activity. However, certain activities (banking companies, pension fund management, insurance, etc.) can only be exercised by a corporation.

Number of Members

A corporation is generally a public company, while a limited partnership is a closed or family society.

Both the limited partnership and the anonymous corporation are capitalist societies (what matters is the capital contributed by each partner)... Continue reading "Limited Partnership Versus Corporation: Key Distinctions" »

Evolution of Spanish Labor Law

The power of employers over workers and lack of unity among workers provoked many abuses.

In Spain, between 1919 and 1931, important labor law codes were first promulgated.

In 1980, the Workers' Statute law was enacted, and in 1995, the Revised Text of the Workers' Statute law was adopted.

Divisions of Law

Traditionally, law is divided into public and private, and these are subdivided in turn into different branches.

Public Law

When the state and public bodies act officially.

Private Law

Governs relations between individuals, or with the state and public agencies when acting privately.

Labor Law

Occupies an intermediate position between public and private law.

Characteristics of Labor Law

Voluntariness

The worker should be... Continue reading "Understanding Labor Law in Spain" »

Principle of Jurisdictional Unity (Art. 117.5)

The Principle of Jurisdictional Unity is a fundamental basis of the State's legal system, regulated in Article 3 of the Organic Law of the Judiciary (LOPJ), where it is of great importance. It is defined in opposition to the establishment of special courts, which were characteristic of the Ancien Régime.

Judicial power rests exclusively with the courts, exercised by members of the judiciary. This implies the absence of special courts whose members are not part of the judiciary and are therefore not subject to its specific legal status or, in some cases, the principle of independence.

Special Jurisdictions and Constitutional Provisions

Article 117.5 of the Spanish Constitution establishes jurisdictional... Continue reading "Spanish Judicial System: Unity and Exclusivity Principles" »

Constitution

Constitution: The fundamental rule, written or otherwise, of a sovereign state, established or accepted to govern it. The constitution sets limits and defines the relationship between state powers (powers that, in modern Western countries, are defined as legislative, executive and judicial) and between them and their citizens, thus establishing the basis for government and the organization of the institutions in which such powers are based. It also guarantees rights and freedoms to the people.

Deputy and Senator

Deputy: A deputy is a member of a Chamber of Deputies, House of Representatives, or, in general, a parliament. We refer to the lower house as the Chamber of Deputies, while the Senate is composed of senators. Deputies have... Continue reading "Constitution, Legislative Roles and Fundamental Rights" »

Legal Framework of Advertising

Advertising is highly restricted by law, which mandates that any public event or campaign must be disclosed using appropriate means, such as the press.

Key Definitions in Advertising Law

Advertisers

Advertisers are individuals or legal entities professionally involved in providing services related to the creation, execution, and distribution of advertising campaigns, including the creation of public programs on behalf of other advertisers.

The Media

The media refers to the channels used to transmit advertising messages to the public. The main channels include:

• Television (TV)
• Radio
• Cinema
• Newspapers and Magazines
• Internet

Consumers

Consumers are all people within a country. In the context of advertising, they are understood... Continue reading "Legal and Ethical Foundations of Advertising Practice" »

Corporate Contributions

4. Social Contributions: The objective is to provide everything that contributes to the development of corporate purpose. In such a society, only goods and property rights capable of economic assessment may be provided, excluding labor or services. Contributions from industry can be made to society, but in exchange for shares, which are not received. Monetary contributions can be made in any currency, provided they have been converted to euros, and disbursement should also be checked. Non-monetary contributions refer to any good or right capable of economic valuation, other than money. Ancillary services (benefits) can be established. In any case, these must be expressed in the articles of association, indicating the... Continue reading "Shareholder Rights and Corporate Contributions" »

The Fifth Constitutional Explained

The Fifth Constitutional, under Article 94 of the Constitution of the Federative Republic of Brazil, is a provision regarding the composition of the courts. It ensures that one-fifth of the seats in higher courts—specifically the Federal Regional Courts and the Courts of Justice of each State and the Federal District—are reserved for members of the Public Prosecutor's Office with over ten years of service, and lawyers with over ten years of professional experience, notorious legal knowledge, and an unblemished reputation.

Defining the Role of an Expert

Experts, in a broad sense, are individuals experienced in specific matters designated by the courts. They are tasked with examining and reporting on facts... Continue reading "Understanding the Fifth Constitutional and Judicial Roles" »

Internal and External Sources of Labor Law

Internal sources are developed by the legislature (Congress of Deputies), the executive (government), and representatives of employers and employees (unions). These sources are:

• The Spanish Constitution of December 6, 1978 (the supreme law of Spain)
• Organic laws, ordinary decree laws, legislative decrees, and autonomic regulations

External sources (international) come from international organizations or agreements with Spain and apply after being approved by Congress and the Senate (they become Spanish rules with domestic preference).

Principles of Labor Standards

• More favorable standard: When two or more rules are in force (regarding holidays, work, pay, etc.), the most favorable to the worker is applied.