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

Chapter III: Sanctions for Medical Ethics Breaches

Article 83: Types of Sanctions

The Professional Ethics Court, in response to breaches of medical ethics, shall impose the following sanctions, according to their severity or the nature of the violation:

• a) Private reprimand;
• b) Censure, which may be:
  1. Written but private.
  2. Written and published.
  3. Verbal and public.
• c) Suspension from the practice of medicine for up to six months;
• d) Suspension from the practice of medicine for up to five years.

Article 84: Branch Court Competence

The Professional Ethics Branch Court is competent to apply the penalties referred to in subparagraphs (a), (b), and (c) of Article 83 of this Act. If, in its opinion, there is merit for the suspension referred to in subparagraph... Continue reading "Medical Ethics Sanctions & Disciplinary Appeals" »

International Treaties in Spanish Law: Legal Framework

Parliamentary Authorization for Treaties

Article 94 of the Spanish Constitution (EC) refers to international treaties. Some treaties, particularly those concerning matters regulated by law—such as those affecting the duties and financial obligations of public finances—require authorization from the Cortes Generales (Parliament). This authorization procedure is similar to that for ordinary laws.

• Treaties Requiring Authorization

  Treaties that affect public finances or other matters reserved for law require prior authorization from the Cortes Generales.

• Treaties Not Requiring Authorization

  For other treaties not falling under the categories requiring parliamentary authorization, the Government

Commercial Companies

Commercial Company:
A union of two or more people, according to one of the types specified in Law 19,550, in an organized manner. The parties agree to make contributions, either for the production of goods or services, and share the resulting gains or losses.

Nature

• Existence of Two or More People: A commercial company is distinct from a one-person business.
• Reciprocal Benefits: Each partner is committed to making contributions.
• Typical: Its constitution must fall into one of the types legislated in an organized society.
• Production or Exchange of Goods or Services: Always for-profit.
• Participation in Gains and Losses: The corporation can have earnings or losses that members must endure.

Constitution

Contract

• Private Instrument: Among

Legislative Decrees

According to Article 85 of the Spanish Constitution, legislative decrees are government regulations containing delegated legislation. For the government to issue a legislative decree, Parliament must authorize it through a law delegating the exercise of legislative power.

The Constitution permits the delegation of rule-making power, but only under specific circumstances and limitations. The government exercises delegated legislative power within the bounds authorized by Parliament.

Classes of Delegation

There are two classes of delegation according to their intention:

• Basic Law:

  This type of delegation aims to empower the government to create a new text of articles. Basic laws cannot be approved by Commission. They also cannot,

The Habit (Custom): Concept and Characteristics

Concept of Custom

In the list of sources of law, custom follows law. The fundamental difference between the two lies in their source of origin. Law originates from the political organization society establishes to develop guidelines or standards of living. Custom, conversely, originates from society itself, unorganized, and through the observation of repeated behavior, it becomes compulsory.

Elements of Custom:

• Material Element: Repetition of a behavior.
• Spiritual Element: The conviction that the behavior is obligatory (opinio juris sive necessitatis).

Characteristics of Custom

Custom is an alternative source of law, leading to two main consequences:

1. Customary law is applied only when there is no specific

Question on Jurisdiction

In one complaint, in apparent connection, Joseph was charged with practicing three burglaries in Campinas and a theft in Americana, the latter in May and the former in April of this year. In that case, the power to decide on the eventual receipt of the complaint and prosecution of their criminal action is:

(B) Of the Criminal Court of the District of Americana.

Choose the Correct Alternative:

(C) A Minister of the Federal Supreme Court, responsible for a crime, will stand trial before the Senate. (CR/88, 102 c).

State Military Justice Competence

Regarding the competence of the State Military Justice, mark the correct alternative:

() The judge deems peculiarly military crimes committed against civilians, and the Council of

Constitutional Law: State Organization & Rights

Constitutional Law is formed by the rules contained in the most important laws of a state. No other law can contradict it without being declared unconstitutional. It defines the organization of state powers, the rights and duties of residents, and establishes the fundamental principles upon which the political-legal and social framework rests.

Administrative Law: State Operations & Public Interaction

The Administrative Law is the set of rules governing the operation of the state and administrative power, including the interactions between different administrative bodies and their relationship with individuals. This branch of law originated with the French Revolution.

Criminal Law: Punishable

Contract: Leasing

Contract leasing is of Anglo-Saxon origin and is not specifically regulated in our system, so it is considered an atypical contract. It consists of the following: a leasing company (a joint-stock company or a credit institution) transfers, in exchange for regular payments, the right to use a durable, movable, or immovable asset for a given period, with the option to buy at the end for a residual price fixed in advance.

The structure is triangular and relates to three subjects:

• Seller: the manufacturer or retailer of the asset.
• Leasing company (lessor): the entity that purchases and therefore owns the asset.
• Lessee (the funded): the entrepreneur or business that needs the asset. The lessee mandates the leasing company to buy the

Economic and Social Rights in the Spanish Constitution

The Spanish Constitution (CE) designs a proper economic system based on the concept of the Social Market Economy. Its fundamental regulatory content is found in two different parts of the Constitution:

Dual Regulatory Framework: Articles 33, 38, and Title VII

The regulatory framework is established in two key areas:

1. On the one hand, the First Title, which contains key Articles 33 and 38, guarantees the right to private property and free enterprise within the market economy.
2. In addition, Title VII, primarily in Articles 128 to 131, includes a wide range of possibilities for state intervention in the economy and public sector development.

Three Regulatory Layers of the Spanish Economic System

The... Continue reading "Spanish Constitution: Economic Rights and Market Structure" »

Understanding Active and Passive Bribery

Passive Bribery

Passive bribery occurs when:

• The perpetrator is an authority or public official who requests or receives consideration.
• The typical action involves requesting or receiving an offer or promise of economic value (regardless of the amount or timing) for performing an act that only the official can perform, and this compensation is not legally entitled.
• The legal interest protected is the duty of neutrality in public administration.
• Offering or accepting gifts in traditional situations where the value is small and the behavior is socially appropriate is not considered bribery.

Proper Passive Bribery

Article 419: Any authority or public official who, for their own benefit or that of a third party,... Continue reading "Understanding Active and Passive Bribery in Criminal Law" »