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

Constitutional Principles of Taxation

A) Measurement Principle: Economic Capacity

The measurement principle of economic capacity establishes that the contribution of citizens should attend to their economic capacity, thereby establishing a principle of equal treatment in matters of tax implementation. The legislative power to tax can never be without regard to economic ability. This measurement principle imposes taxes based on the pursuit of wealth.

B) Measurement Principle: Material Equality

The measurement principle of material equality aims to promote the eradication of inequality from the fiscal perspective.

C) Measurement Principle: Generality

Equality must be promoted for all, sustained under the criteria of sovereignty and territoriality.... Continue reading "Constitutional Principles of Taxation: A Comprehensive Analysis" »

Labor Movement: Origin and Characteristics (Until 1868)

Origins and Characteristics

Beginning in the 1840s, workers started flocking to cities, driven by the development of the textile and steel industries. Employment conditions were harsh, involving 12 to 14 hours of monotonous and unhealthy work, lacking security, low wages, insufficient food, and little variety. Illiteracy was almost universal. Workers lived in slums without sanitation or any kind of assistance, and children aged 6 or 7 were already considered laborers. The insecurity was complete; economic crises caused sales drops, leading to layoffs, unemployment, hunger, and crime. These new industrial workers came from rural areas, losing the protection previously offered by guilds. They... Continue reading "Early Spanish Labor Movement Origins and Struggles" »

1. Historical Sources of Law

Historical sources of law: The emergence of law through social life experiences. For example, the issuance of judicial sentences or the stabilization of certain behaviors. In view of an individual's initial lack of a normative framework, these practices are validated over time and accepted for their merits.

2. Judiciary of the Federation

Who is the judiciary of the Federation? The Supreme Court of Justice of the Nation functions as the highest judicial body.

3. What Is the Legal System?

What is the legal system? It is the set of rules and institutional bodies of a normative nature established by the state.

4. National Standards

What are the national standards? All rules that are declared mandatory within the country by... Continue reading "Mexican Legal System: Sources, Norms and Constitutional Hierarchy" »

Contract Suspension and Workplace Mobility

2.0 Suspension of the Work Contract: This refers to the temporary suspension of work provision without the labor contract being terminated. Kinds of suspension:

2.1 Mutual Agreement of the Parties

The worker and employer must agree on the suspension.

2.2 Temporary Disability

This includes situations of common or professional disease, or while receiving social security assistance.

2.3 Maternity, Paternity, Adoption

The contract may be suspended in such cases.

Features:

• Maternity: 16 weeks of uninterrupted suspension.
• Paternity: 13 days, extendable by 2 more days per additional child.
• Pregnancy Risk: Suspension ends when the risk is over.
• Breastfeeding: Suspension ends when the infant reaches 9 months.

2.4 Public

Social Security:

A set of rules and institutions aimed at assisting and protecting citizens against certain claims or states of need, ensuring their prevention.

Entities and Solicitors:

• INSS (National Social Security Institute): The organization responsible for the recognition and management of the right to economic benefits within the Social Security system during its contributory phase. It also recognizes the right to family benefits and healthcare, except for unemployment benefits. It manages the Social Institute of the Navy.
• IMSERSO (National Institute of Migration and Social Services): Manages the rights to economic benefits of the Social Security system during its non-contributory phase. IMSERSO is also responsible for managing complementary

Spanish Autonomous Communities

Overview of Autonomous Communities

Spain is divided into several autonomous communities, each with its own government and powers. These include:

• Andalusia
• Basque Country
• Catalonia
• Canary Islands
• Galicia
• Balearic Islands
• Navarra
• Valencia
• Castilla-La Mancha
• Aragon
• Castilla-Leon
• Extremadura
• Cantabria
• Madrid
• Murcia
• La Rioja
• Asturias

The President

The President of each autonomous community is elected by the assembly of deputies from among its members. The President's functions include:

• Directing the governing council
• Representing the autonomous community
• Summoning and dissolving the assembly
• Convening regional elections
• Appointing directors

Judiciary

The High Court of Justiciary is the highest court in each autonomous community. State law acts... Continue reading "Spanish Autonomous Communities and the European Union: A Guide" »

Effective Areas of Roman Law

• Personal Law: Rules governing individuals wherever they are.
• Territorial Law: Governs a territory regardless of the inhabitants' origin.

Features of Romanization

1. The law has its own personality; Fas and Ius are separated.
2. Roman law went through several stages: Archaic, Pre-Classic, Classic, and Post-Classic.
3. Its scope followed personal criteria (e.g., Ius Civile, Ius Commercii).
4. Its structure is pluralistic.
5. Governed relations that arose within society.
6. Utilized an inductive method or casuistry.

Expansion Stages of Roman Law in the Peninsula

1. First Stage: Reduction of public law upon arrival.
2. Second Stage: Late Republic and Early Empire.
   • Augustus Caesar granted citizenship to certain minorities and facilitated the liberation

Expropriation

Expropriation is a singular public imperative affecting private property. It involves the forced transfer of ownership, sale, exchange, or temporary occupation of private property by reason of public utility or social interest, with monetary compensation or damages provided.

Constitutional Guarantees

• There must be a cause of public utility or social interest.
• Adequate financial consideration or compensation must be provided.
• The procedure must be performed according to the laws.

Subjects Involved in Expropriation

• Expropriating Administration: The State, province, or municipality.
• Beneficiaries: Those who benefit from the public utility or social interest project for which the property is acquired. This can be the administration itself

Illicit Drug Trafficking

Legal Objectivity and Public Health

The primary legal objective is the protection of public health. The definition of illicit drugs is established by executive power, as outlined in Article 1.

Understanding Multiple Action Crimes

This is a crime of variable conduct, also known as a multiple-action offense. If an individual performs all the criminal actions described (e.g., buying, storing, and selling), they are charged with a single crime. This principle is also known as ante-factum or post-factum unpunishable acts, where preparatory or subsequent actions are absorbed into the main offense. For example, if a person arranges to buy drugs and pays after receiving them, it constitutes a single crime.

A driver who knowingly... Continue reading "Brazilian Law on Drug Trafficking and Firearm Control" »

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned... Continue reading "Constitutionalism: A Historical Overview" »