Notes, summaries, assignments, exams, and exercises for Law for Baccalaureate

Spain's Bourbon Restoration in 1874

The pronouncement of General Martínez Campos in December 1874 signified the restoration of the monarchy in the person of Alfonso XII, son of Isabella II. The new political system was designed by Antonio Cánovas del Castillo, who served as regent until the king arrived in Spain in January 1875.

The coup was welcomed by conservative groups who feared the radicalization of the previous political term and the rise of the workers' movement. They hoped the monarchy would restore political stability and foster economic and social development. Furthermore, the new regime aimed to overcome some of the endemic problems of the preceding liberal era: the partisan and exclusionary nature of the moderates during the reign...

Work and Employment Fundamentals

Definition of Work

Work: A set of activities that people develop within the company. This involves a voluntary, paid employment relationship characterized by remuneration and subordination, based on the Spanish Constitution, International Treaties (EU Standards, ILO Convention), the Workers' Statute, Collective Agreements, and the Employment Contract.

Trade Unions (Sindicatos)

Trade Unions: Organizations where workers associate freely to defend their rights at work. They are partners in the processes of collective bargaining and uphold freedom of association.

Bargaining Committees in the Company (Comp. Bas. del Tra. en la Emp.)

These committees involve:

• Receiving information on the company and its economic/financial

Case Holdings

• Gideon v. Wainwright — challenge right to counsel if poor.
• Sperling v. Teplizky — temporary restraining order.
• Keatins v. Dr. Bolander — sued for medical expenses, loss of income, medical distress.
• In re Gault (Juvenile case) — juveniles have the right to counsel, same as adults.
• Hurley v. ACPD — compensatory damages and punitive damages.
• State v. Marquez — court finds him guilty of the restraining order; burglary charge dismissed.
• R v. Sundown — the appeal should be dismissed.
• Brown v. Board of Education — segregation in American public schools was inherently unequal.
• Miranda v. Arizona — suspects must be informed of their constitutional right to an attorney and against self-incrimination.
• Mapp v. Ohio — evidence obtained

The Three Levels of the Federal Court System

District Courts

Spread throughout the country, these serve as the trial courts of the federal system. They have original jurisdiction over nearly all criminal and civil cases.

Courts of Appeal

These courts hear appeals from district courts and federal agencies with rule-making or enforcement power. Their main function is to review decisions of trial courts for errors of law. Because they possess only appellate jurisdiction, they do not hold trials, determine punishments, or decide remedies.

The Supreme Court

As the ultimate appellate court, it handles cases affecting ambassadors, consuls, and ministers, as well as cases involving major questions regarding the meaning of the Constitution or federal law....

Understanding the Research Process

The process for a research paper involves interpreting the results of research and then proving or disproving a hypothesis.

Crafting Your Research Question

What are you interested in? What do you need to know about it?

Narrowing Down Research

To summarize, focus only on what is relevant to your topic.

Importance of Citing Sources

Citing sources gives you credibility and avoids legal issues and plagiarism.

Steps in the Research Process

1. Research Question
2. Background Information
3. Hypothesis
4. Design Experiment
5. Collect Data
6. Analyze Results
7. Publish Findings

Preparing for Research

The process needed to prepare for research involves:

• Define
• Explore
• Identify
• Relate

Information Processing Skills

Requirements to effectively process information:...

Absolutist State

An authoritarian state of the Modern Ages. The sovereign's power is unlimited and unrestricted. Rulers are not chosen by citizens, and there's no legal way to oppose their orders.

Totalitarian State

The most extreme authoritarian state, with exhaustive control over social and personal spheres. The state controls non-state institutions, civil society, and private life. Media, education, religion, and family are inspected to prevent opposition.

Law

The set of principles and norms governing human relations in society. It's a comprehensive code addressing all aspects of personal and social interactions.

Rights

The faculty or ability of every human being to do what is allowed or demand what aligns with their dignity. Human rights are a...

Landmark Supreme Court Case Summaries

First Amendment and Privacy Rights Cases

• Planned Parenthood v. Casey: Established the Undue Burden Standard; states can require parental notification for minors (with judicial bypass).
• Bowers v. Hardwick: Upheld state laws criminalizing sodomy (later overturned by Lawrence v. Texas).
• Cruzan v. Mo. Department of Health: Recognized the right to refuse life-sustaining treatment (Right to Die).
• Griswold v. Connecticut: Established the fundamental right to privacy regarding marital contraception.
• Regents of Univ. of California v. Bakke: Addressed affirmative action; race can be a factor in admissions, but numerical quotas are unconstitutional.
• Engel v. Vitale: Mandatory school prayer violates the Establishment Clause.

Mastering English Modal Verbs and Usage

This section clarifies the meaning and context for essential modal verbs and related expressions concerning necessity, obligation, possibility, and ability.

Modal Verbs for Obligation, Necessity, and Rules

• MUST: Expresses strong certainty, obligation, or essential requirement. (I'm sure, I'm certain, is obligated to, essential that, it's compulsory, needs, needs to be, it's necessary for, rule.)
• HAVE TO: Expresses external obligation or necessity. (Is obliged to, it's essential that, it's compulsory.)
• MUSTN'T: Expresses prohibition or danger. (It's forbidden that, not permitted/allowed, dangerous.)
• DON'T HAVE TO / DOESN'T HAVE TO: Expresses lack of necessity. (It isn't necessary.)
• HAD TO: Expresses past necessity.

Chapter 15: Exam 3 Review

Civil vs. Criminal Law

• Civil Law: Deals with disputes between individuals or organizations, where compensation is awarded to the victim.
• Criminal Law: The body of law concerning crime and the legal punishment of criminal offenses.

Legal Precedent and Stare Decisis

Stare decisis is the doctrine of precedent. A precedent is a principle or rule established in a previous legal case that is either binding or persuasive for a court when deciding subsequent cases with similar issues or facts.

The Federal Court System

The federal system consists of three main levels:

• District Courts: The trial courts (94 total).
• Circuit Courts: The first level of appeal (13 total).
• Supreme Court of the United States: The final level of appeal.

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Item 13: Key Historical Terms

The Assault Guard

The Assault Guard was a new armed police force that emerged during the early reforms following the proclamation of the Republic. It was entrusted with maintaining security in the cities.

The Pastoral Letter of Cardinal Segura

The Pastoral Letter of Cardinal Segura was a publication released on May 1, which praised Alfonso XIII and the Church's relations with the state during the monarchy. This ended in open conflict, and the government ordered the expulsion of Segura.

Pedagogical Missions

The reformist biennium resulted in educational reform through the creation of Pedagogical Missions. These were designed to extend culture to rural areas, where many intellectuals collaborated, including Antonio Machado...