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

The Holder of Regulatory Power

Regarding proposed appointments and proposed terminations, the regulatory provision states that the President holds greater value than existing regulations. The President may dictate the rest of the members; the President issues decrees to act as a real president.

Hierarchy of Ministerial Regulations

3) Regulations dictate the other members, ministers, and ministerial orders. The rule is: regulations can never violate the Royal Decrees of the Council or the Chairman.

Parliamentary and Internal Regulations

Parliamentary regulations are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they simply share the same name.

Judicial and Constitutional

Legislator, State Laws, and Laws of the Regions

Among the functions traditionally attributed to the State, the legislative function may be defined as one whose purpose is the development of standards, an expression of popular will, and whose strength prevails over any other legal source, being only subject to the constitution as the will and expression of constituent power. The legislative function is ordinarily exercised by organs of a representative character (parliaments) or, exceptionally, by other bodies (usually the government) that may issue, within certain limits, rules with the same force as laws.

However, the legislative power is precisely the specific legal authority enabling the exercise of the function to make laws. The Spanish Constitution... Continue reading "Spanish Legislative Power: State and Regional Laws" »

In administrative law, competence refers to the specific authority an administrative body possesses over a particular subject. It is a subjective attribute of the body, meaning that when it holds public interests and powers, it shall have jurisdiction.

Commonly, the term competence is often objectified, equating the notion of competence with interest. For example, one might say that international relations are the responsibility of the Ministry of Foreign Affairs. In a strictly technical sense, however, one would say that international relations are the interests of the Ministry.

Juan Alfonso Santamaría Pastor illustrates the false distinction between the objective and the more accurate subjective side, stating that "there is no competence,

Legal Regulation and the Accessoriness Principle

Legal regulation: Monosubjective offenses are those in which the intervention of just one person is required for its commission.

The Principle of Accessoriness

The author executes the characteristic fact, while the participant is one who helps someone else to do so. It follows the principle of the "accessory nature of participation," since, as a form of intervention in the act of another, it is not entirely independent. The majority view understands that to allow participation, the fact must be both typical and unlawful.

Following the principle of accessory nature, the crime applied to the author and participants will be the same, even if the participant does not possess the subjective qualities... Continue reading "Criminal Liability: Authorship and Participation Rules" »

The Origin of Political Power and Legitimacy

Civil society is the organization between the family and the State, which, through a legal framework, establishes rights, freedoms, and obligations for its members concerning the production and exchange within all types of human relationships to satisfy their needs.

The legal system, based on the Universal Declaration of Human Rights (UDHR) and the Constitution, inspires Organic Laws (LO) that are further developed by ordinary laws (lo). Their effective implementation is achieved through Royal Decrees (RD), Ministerial Orders (MO), and Regulations.

The legal system addresses the need for the exercise of state powers to make peaceful coexistence, progress, and social order possible. Thus, power is a... Continue reading "The Foundations of Political Power and State Legitimacy" »

Article 72: Third Degree Treatment

Paragraph 5 Requirements

The classification or progression to the third degree of treatment requires, in addition to the requirements prescribed by the Penal Code, that the offender has paid the liability arising from the crime. This considers the offender's observed behavior in order to return the abducted, repair material and moral damage, and compensate for personal and financial losses of the victim.

It also evaluates the offender's real, present, and future capacity to meet the appropriate liability, the safeguards that will ensure future satisfaction, the estimated enrichment obtained by the offender from the commission of the crime, and, where appropriate, damage or interference caused to public services,... Continue reading "Penal Code Article 72: Third Degree Treatment" »

Understanding International Customary Law

International custom, as defined by Article 38(1)(b) of the Statute of the International Court of Justice (ICJ), refers to a general practice accepted as law. It represents the ways in which the international community expresses itself, formed by a set of rules revealed not only through the repetition of acts accompanied by a feeling of obligation, but also because these acts are performed in the belief that certain obligations are being met or rights are being exercised.

Essential Elements of Customary Law

The two fundamental elements of international custom are:

• Objective Element (State Practice): This refers to the constant and uniform practice of states. It signifies the consistent use of a particular

Complementary Expertise in Legal Proceedings

In cases where the court determines a defendant's obligation but not the exact amount or value, complementary expertise becomes crucial. The court may quantify the evidence precisely after evaluating the experts' performance, undertaking actions that the judge might otherwise be unable to perform independently.

This principle is underscored in the final part of Article 159 LOPT, concerning the publication of a sentence. It states that the judge may, if necessary, order additional expertise on the subject, to be conducted by a single expert appointed by the Court.

Understanding Ultrapetita in Court Judgments

A judge commits the vice of ultrapetita if, in their sentence, they decide issues extraneous to... Continue reading "Legal Concepts: Expertise, Ultrapetita, and Judicial Indexing" »

Preliminary Notions of Society and Authority

1. Man in Society: Man lives in society because he needs others to achieve his purpose. Therefore, authority is necessary. 2. The State: The state is a "society of societies," consisting of smaller groups. Authority is the ability to order the members of these societies. 3. Divine Participation: Man participates in God's order; ordering is the act of placing each thing in its rightful place. This reflects a specific type of intelligence.

Defining Political Authority

Authority is the ability to order the members of society toward the common good.

Political Society and Governance

Political society is a society of societies, where the corporate parts are minor entities. A Political Authority is responsible... Continue reading "Principles of Political Authority and Governance" »

Burden of Proof and Presumption of Innocence

In criminal proceedings, the accused is not obliged to prove their innocence. Instead, the accuser must obtain sufficient evidence to secure a conviction, a principle reflected in Article 24 of the Spanish Constitution (EC). This principle of the presumption of innocence prevents anyone from being convicted without proof of guilt. Consequently, the burden of proof lies with the prosecution, which is required to prove the facts leading to the conviction. An acquittal is granted in cases where the presumption of innocence is not overcome.

The right to the presumption of innocence can be nullified by sufficient evidentiary activity. The presumption is considered overcome when there is adequate evidence... Continue reading "Criminal Law: Presumption of Innocence & Trial Procedures" »