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

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" »

The Convention: Nature and Content of the Agreement

The agreement is defined as a meeting of the minds between the debtor and the community of creditors, which, when signed by the judge, satisfies the creditors' claims.

Mandatory Rules and Limitations

The contents of the agreement are subject to mandatory rules:

• Acquittals: May not exceed half of each unsecured debt.
• Payment Terms: Expectations for ordinary loans shall not exceed five years following court approval.

These limits may be exceeded when the insolvent business holds special importance to the economy, supports the economic management authority, or when the agreement is treated as an early proposal.

Effectiveness and Conclusion

The effectiveness of the agreement requires two successive elements:... Continue reading "Bankruptcy Agreements and Liquidation Procedures Explained" »

Institutional Framework of Autonomous Communities

The regions determine their organizational structure. While Autonomous Communities (CCAA) can establish their own models, most have adopted the framework defined in Article 152 of the Spanish Constitution (EC).

Core Institutional Components

• Legislative Assembly: Elected by universal suffrage via a proportional representation system designed to represent different territorial areas.
• Governing Council: Exercises administrative and executive functions. Its composition is determined by the Statute of Autonomy (EA).
• President of the Autonomous Community: Elected by the legislature from among its members (MPs).

Presidential Functions

• Directing the Governing Council.
• Representing the Autonomous Community.
• Serving