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

Maria Concepcion Perez vs. Pedro Gomez

Regular Civil Trial

Necessary Divorce

File: 02/09

Initiation

C. First Judge of the Family

This

Maria Concepcion Perez, a Mexican adult, pointing to the address for service of notices as Calle 5 de Mayo no. 1897, Col. Delicias, in this city, respectfully appears to exhibit:

Hereby, I go to promote the incompetence of C. Chief Judge of the Family of First Instance by inhibiting, to hear the ordinary civil trial for necessary divorce that my husband, Pedro Gomez, has promoted against the undersigned.

I base my promotion on the following facts and legal arguments:

Facts

I. On the eighteenth day of March, two thousand five, I married the defendant under the regime of conjugal partnership, as credited with the certified... Continue reading "Maria Concepcion Perez vs. Pedro Gomez: Divorce Proceedings" »

Tax Case Studies in Peru

Case 1: Tax Liability on Advance Payment

CASE: The SAC Llaque Company, dedicated to the marketing of clothing, dated January 15, 2009, received in advance from its client, Ms. Miluska Briones, the amount of S/. 20,000 corresponding to a purchase order for a batch of goods whose value is S/. 80,000 plus IGV. Such goods will be delivered in 30 calendar days, and the balance of the transaction will be canceled upon delivery. When is the tax liability incurred in this transaction?

Solution

SOLUTION: For the amount that is received. Thus, in the present case, receiving as an advance the sum of S/. 20,000 for an operation for which property has not yet been transferred, the tax liability will arise in January 2009, but only for... Continue reading "Peruvian Tax Cases: Advance Payments, Services, Property VAT" »

Administrative Functions of the Company

Administrative functions are one of the basic functions necessary for support in all kinds of businesses. They are defined as all activities necessary to achieve optimal performance of the organization. They are carried out in two areas:

• Strategic: Including the direction of the company.
• Management: Developing administrative processes to support other business functions.

Administrative Processes

Administrative processes involve business processes and document control information flows that are generated in any business activity. This can include purchases, personnel, production, logistics, etc.

Contract of Sale

A contract of sale involves the sale of movable property for resale, either in the same form as purchased... Continue reading "Administrative Functions and Sales Contracts in Business" »

Understanding the Judicial Appeal Process

Item 23. This document details the ordinary appeal and its effect as a stay of execution.

An appeal can be filed against all court orders without exception, provided that any injury sustained justifies its filing, thus serving as a means of assessment and review.

It also functions as a legal remedy, as it allows for the request of modification or revocation of a judgment.

The appeal enables two levels of jurisdiction, meaning it has no limitations on the grounds for its filing.

One can also assert the invalidity of a judgment if it violated a procedural rule that caused a denial of due process, or if there was a breach of an essential procedural requirement (also resulting in a denial of due process).

The... Continue reading "Judicial Appeal Process: Understanding Legal Recourse" »

Formal Administrative Texts and Conventions

Formal texts are administrative documents that follow rigid formal conventions. They only hold value if they remain faithful to a specific model. These formal texts respond to a predetermined structure, which allows them to be written and interpreted easily. The most important group is formed by formal administrative texts. Forms are used to establish formal written communications between the administration, citizens, and enterprises.

Main Administrative Documents

• Minutes: A written document recording what happened, or what was treated and agreed upon, during a meeting or assembly.
• Certificate: A formal written confirmation of specific data.
• Circular: Internal communication intended for the members of

Spanish General State Budgets (PGE) Key Points

Approval Process

The legislative draft of the General State Budgets (PGE) requires the King's sanction and publication in the Official State Gazette (BOE).

Elaboration Responsibility

The elaboration of the PGE corresponds to the Ministry of Finance.

Budget Cycle

The budget cycle includes: development, adoption, implementation, and monitoring.

Internal Control

Internal control is exercised by the Court of Auditors.

Court of Auditors Accountability

The Court of Auditors reports to the Parliament (Cortes Generales).

Prado Museum Funding

Are budgets for the Prado Museum included in the PGE? Yes.

Public Sector Contracts Fundamentals

Price Requirement

Administrative contracts must have a determined price.

Guiding Principles

Public

Time management is crucial for achieving your goals and maintaining a healthy work-life balance. Here are some essential tips to help you manage your time effectively:

1. Set Clear Goals

• Define short-term and long-term goals.
• Make your goals SMART: Specific, Measurable, Achievable, Relevant, Time-bound.

2. Prioritize Tasks

Use the Eisenhower Matrix to categorize tasks:

• Urgent and Important: Do these tasks first.
• Important but Not Urgent: Schedule these tasks.
• Urgent but Not Important: Delegate these tasks.
• Neither Urgent nor Important: Eliminate these tasks.

3. Create a Daily Schedule

Plan your day the night before. Include:

• Time blocks for focused work.
• Breaks to recharge.
• Time for unexpected tasks.

4. Limit Distractions

Identify and minimize distractions:... Continue reading "Essential Tips for Effective Time Management" »

Legal Significance of State Possession

Important Legal Aspects and Enforcement of State Possession

Importance of State Possession

1. Child's State Possession (Birth Missing)

Important legal implications for paternity (maternity and paternity) are asserted through regular trials.

2. Extramarital Descent

• If recognized by the parent, it establishes important paternity.
• If recognized by the mother, it establishes important maternity.

If either affiliation was not established in advance, it must be done through a recognition trial.

2. Possession of Another State Member

Serves to rectify mistakes through a trial testing the possession enjoyed. It can be tested through a correction trial (art. 230).

3. Recognition of a Deceased Child

Important to recognize when... Continue reading "Legal Significance of State Possession and Enforcement" »

Module 5: Social and Penitentiary Legislation

European Legislation

• European Social Fund Plan (2007–2013)
• PROGRESS Programme
• URBAN Initiative

National Legislation

• Spanish Constitution (1978)

State Legislation

• Organic Law 1/1979, of September 26, General Penitentiary Act (amended by Law 13/1995)
• Prison Regulations, Royal Decree 190/1996, of February 9
• Organic Law 2/2009, of December 11, reforming Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration
• Law 12/2009, of October 30, on the Right to Asylum and Subsidiary Protection

Regional Legislation (Castilla-La Mancha)

• Law 3/1986, of April 16, on Social Services of Castilla-La Mancha
• Law 5/1995, of March 23, on Solidarity in Castilla-La Mancha
• Law 15/

Legal Obligations: Definition & Elements

A mandatory legal relationship exists between two or more persons, where one can require the other to perform a certain prestation (performance).

Aspects of Legal Obligations

• Active: A person's right to require another to perform a specific benefit.
• Passive: The corresponding duty of another person to perform the required prestation.

Elements of Legal Obligations (3)

• Subjects: Can be natural or legal persons. The Creditor has the right to require the performance, and the Debtor must make the provision.
• Object: The benefit or behavior that the creditor has the right to demand from the debtor.
• Legal Link: The legal relationship connecting the two subjects, where one party must satisfy the creditor's benefit.