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

Core Definitions in Legal Theory

Fact: Any event in life.

Legal Fact: Any fact of life that carries consequences in law.

Legal Act: The exercise of will with the immediate aim to create, modify, or extinguish a right.

Legal Poles and Obligations

Asset Pole (Creditor): Those who hold rights.

Liability Pole (Debtor): Those who hold obligations.

Methods of Legal Hermeneutics

Legal Hermeneutics: The art of interpreting the law.

• Literal (Exegesis): Focuses on the text itself.
• Teleological: Takes into account the purpose of the legal standard.
• Historical: Considers the time and context in which the law was created.
• Sociological: Considers social factors and impacts.
• Systematic: Addresses and resolves logical antinomies within the legal system.

Distinctions Between

Check Payment Requirements

A check is payable on demand, due when the instrument is presented for collection at the bank and branch appearing on the document.

Check Presentation Deadlines

To preserve all rights, the holder of a check must submit it for payment within the time predetermined by law:

• A check issued and payable in Spain: 15 days.
• A check issued in Europe and payable in Spain: 20 days.
• A check issued outside of Europe and payable in Spain: 60 days.

Check Endorsement

A check, as a payment instrument, can be endorsed to a party other than the original payee, granting that party a right of recovery.

The endorsement is the legal act used to convey the right to cash the check. The person transferring the check is called the endorser, and the... Continue reading "Essential Financial Instruments: Checks, Transfers, and Receipts" »

Fundamentals of Constitutional Law

Constitutional Law: This is the branch of public law that regulates the internal organization of the state. It sets limits on the manner in which the country treats the individual.

The Federal Constitution and Its Classifications

Constitution (Federal): A set of written or customary rules governing the political situation of a country. The classifications of a constitution include:

• As to Form:
  • Written: Rules are united and merged into a single instrument called a constitution.
  • Customary: These are formed slowly according to social and political evolution.
• Consistency:
  • Rigid (Stiff): Requires a specific political process or new elections to change.
  • Flexible: Easily changed to adapt to rights.
• Source:
  • Promulgated: Created

Precautionary Measures (Economic and Real)

These are measures to ensure what we call the corpus delicti (body of the crime) and possible civil liabilities arising from the commission of the crimes. These measures are levied on real or personal property. The Criminal Procedure Code (CPP) does not place any limitations on the property or things that may be subject to this kind of measures. They relate to everything relevant to the offense, wherever the items are located. These are security measures and conservation of properties and things that should be assessed by the court later.

Seizure of Property and Evidence

Seizure is the method of enabling the subsequent disposition of the things that must be secured. No specific procedural decision in... Continue reading "Legal Safeguards in Criminal Procedure: Seizure and Habeas Corpus" »

33) Framework Law (Concept)

Article 150.1 of the Spanish Constitution. They are rules made by some or all of the CCAA (Autonomous Communities) on matters of state jurisdiction, within the framework of the principles, bases and guidelines set by state law. Without prejudice to the jurisdiction of the courts, each enabling act will set the mode of parliamentary control over this legislation in the CCAA.

They relate to matters of state competence that can be delegated to one or all the Autonomous Communities.

34) Delegated Law (Concept)

Article 150.2 of the Spanish Constitution. These are laws passed by the State to transfer or delegate to the CCAA (Autonomous Communities) powers over state matters which by their very nature can be transferred or... Continue reading "Spanish Constitutional Laws: Framework, Delegation and Control" »

American Legal Realism: Llewellyn and Frank

American Legal Realism (ALR), championed by figures like Karl Llewellyn and Jerome Frank (the more radical proponent), represents a proactive defense of the law, emphasizing its operation in the hands of legal practitioners.

ALR is not a homogeneous school but rather a heterogeneous movement. Its proponents did not aim to create a finished, abstract theory of what is right, but rather to influence the practical application of law in America. This movement is fundamentally based on pragmatism and characterized by a deep distrust of abstract reason.

Pragmatism and the Instrumental View of Law

Pragmatism, the philosophical foundation of ALR, holds that:

1. The truth of a statement depends on the usefulness of

The Greek Root of Democracy

In ancient Athens, the government was in the hands of all citizens.

Differences from Modern Democracy

• A basic difference is the size of communities. In ancient Greece, communities were small, and all their members were known.
• There were also compact and economically independent communities.
• They practiced direct democracy not only in deliberations and decisions but also in their implementation.
• Democracy constituted a way of life. Daily life mainly focused on political participation.

Similarities with Modern Democracy

• In the Athenian polis, rational argument was the foundation of all political power. Whoever exercised authority must always provide reasons acceptable to the public.
• There is a relationship between citizenship

Invoices serve as proof of operations recorded in these books, specifically for travel bills.

Admissibility of Re-inspection for 2008 Income Tax

Yes, it is admissible. LGT Article 140.1 states that: "Given a resolution in a limited verification procedure, the tax authorities may not make a new adjustment in relation to the object referred to in paragraph 2 of the preceding article unless a limited verification or inspection procedure is initiated after new facts or circumstances arise from actions other than those made and specified in that resolution."

This article therefore implies that it is possible to initiate a procedure to inspect income tax for 2008, but a new adjustment can only be made if new facts or circumstances emerge.

Procedure Length

Defining Key Roles in Judicial Proceedings

The Judicial Expert

EXPERT: A person, outside the trial, who is technical or skilled in specific issues or possesses special knowledge, appointed to advise the parties or the court.

Sources of Expert Knowledge

An expert's specialized knowledge must be derived from:

• College, technical, or specialized training courses.
• Postgraduate studies.
• Lessons learned through professional experience.

Essential Criteria for Expert Witnesses

Experts must fulfill the following criteria, often related to competence and diligence:

1. Breadth and Scope (Amplitud)
2. Insight and Ingenuity (Intuición and Ingenuity)
3. Scientific Authority (Autoridad Scientific)
4. Organization
5. Perseverance and Diligence in Work

Other Roles in the Courtroom

• Witness:

Dies a quo

The day from which a period begins to run.

Eminent Domain

The coercive transfer of private property for public use or social interest, accompanied by the payment of its economic value or fair compensation.

Interdictus

A civil action to retain or regain possession of property, irrespective of ownership. The focus is on possession, not ownership.

Interdictum Proprium

The power conferred upon the administration to reclaim possession of its assets or public domain without recourse to a court.

Orders

Typical administrative acts that impose duties to perform, refrain from performing, or endure certain actions.

Authorisations

An administrative act by which consent is granted for the exercise of a private activity, which would otherwise be prohibited.... Continue reading "Key Legal and Administrative Terms Defined" »