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

Separation of Powers

• Legislative Function
• Executive Function
• Judicial Function

Administrative Law

Liberalism

Liberalism refers to a state's tendency to expand welfare benefits, regulate business, adopt progressive state income taxes, and generally use the resources of government to achieve social change.

Conservatism

Conservatism refers to a state's tendency to limit welfare benefits, deregulate business, keep taxes low, and generally place less reliance on government and more reliance on individuals and the marketplace to achieve social goals.

Political Culture

Political Culture refers to historical styles and traditions in states' politics that cannot be directly attributed to demographic factors.

Direct Democracy

Direct Democracy is popular participation in government through direct voter initiation of policy and voter approval or rejection...

Cases II — Israeli Rights Cases (1995–2003)

Alice Miller v. Defense (1995) — Right to Equality

Background

Alice Miller wanted to be a pilot in the IDF, but the IDF had never before allowed a woman to take an active part in combat.

Results

The Court forced the IDF to accept women in combat roles. Justice Kedmi opposed the decision.

Meaning

Later ramifications affected gender equality in the IDF.

• Budgetary considerations cannot take precedence when the issue is the realization of a fundamental right such as equality.

Public Committee Against Torture in Israel v. State of Israel (1999) — Human Rights in Emergency

Background

The General Security Service (GSS) used methods that included subjecting suspects to moderate physical pressure. The purpose...

Landmark Israeli Supreme Court Cases

Kol Ha'am vs. Minister of Interior (1953) - Freedom of Expression

Background: A Communist newspaper published a harsh, unverified article against Israel and the US. The Minister of Interior decided to shut down the newspaper for 15 days.

Results: Justice Agranat ruled in favor of the newspaper.

Meaning: The Minister must consider whether it is probable that the publication will endanger public peace (Probability Test) and that the danger is so grave as to justify the use of such drastic tools (Damage Test), i.e., "Likely to endanger public peace."

• A mere tendency to endanger public peace will not suffice to fulfill that requirement.

Danilovich vs. El Al (1994) - Right to Equality

Background: Jonathan Danilovich,...

Section 39 of Basic Law Government

Section 39 of Basic Law Government states that emergency regulations shall not be enacted, except to the extent warranted by the state of emergency.

Israel's Culturally Neutral Attitude

Israel specifically adopts a culturally neutral attitude towards all inhabitants because: (NOT ANY OF THESE) there is a requirement of neutrality to fulfill a liberal democratic constitution. + the Declaration of Independence does not declare total equality between all inhabitants. + according to Barak's Key Theory, once you are in Israel, only Jews are equal.

Interview with Israelis and Saudis

In an interview with Israelis and Saudis, the Court would rule in favor of the petitioners, due to the low probability of endangering the

Valuation Calculations

Assumption: If at the time of death the spouse is 69 and the value of the property is 1,000. What is the value of the usufruct?

• 69 - 19 = 50. Years over 19 have the beneficial interest.
• 70 - 50 = 20. To estimate at least 1% each year over 19 years.
• 20% of 1,000 = 200. This is the value of the usufruct.

If I am 80:

• 80 - 19 = 61.
• 70 - 61 = 9. This is not applied because it must be at least 10%. So, apply 10% of the value of the property.

Temporary Usufruct Rules

In the case of temporary usufruct, the percentage duration of the usufruct is calculated at a rate of 2% per year in duration, with a ceiling of 70%. That percentage will apply to the value of the property.

If we have a good whose value is 1,000 and the duration of the temporary...

Tax Crimes and Legal Prescriptions

Regarding the previous declaration of the possible effect made by the Secretary of Finance, we address the following:

Prescribed Tax Crimes

• 3 years: From the day the Secretary gains knowledge of the act.
• 5 years: If the Secretary is not aware of the crime.

Tax Offenses and Nominees

Tax offenses are defined under Articles 102, 103, 104, and 107.

State Revenue and Taxation

State Income

State income consists of all revenues earned by the state for its existence and funding. These contributions are subdivided into various categories.

Definition of Taxes

Taxes are contributions unilaterally fixed by the state, excluding social contributions and rights.

Elements of Taxes

• Mandatory
• General
• Equitable
• Unilateral

Rights and Special

Requirements of the Rule of Law

1. Rule of Law
2. Separation of Powers: Legislative, executive, and judicial. There must be a balance between these three powers to restrict possible excesses and ensure mutual control. This prevents the concentration of power and safeguards the independence of the judiciary, all under the Constitution as the fundamental law.
3. Legality of Government: Regulation by law and judicial control.
4. Rights and Fundamental Freedoms: Formal legal guarantees and their implementation.
5. Administration of Justice

Forms of the Rule of Law

• Liberal State of Law: Legally protects liberal rights, such as the right to life, freedom of thought, association, expression, and religion.
• Social State of Law: Considers and develops social rights (such as

Spain's Democratic Transition: Elections, Constitution, and Autonomy

Elections

The Cortes (Parliament) were composed of two chambers: the Chamber of Deputies and the Senate. With the legalization of all political parties, Spain conducted its first democratic elections since the Second Republic. The UCD (led by Adolfo Suárez) received a plurality of votes, closely followed by the PSOE. The PCE suffered a strong setback. The AP (Popular Alliance) was penalized for its commitment to the Franco regime, virtually disappearing. Extreme-right nationalist parties obtained results that foreshadowed their future role.

The Constitution

The elections initiated a constituent process, as the newly formed Cortes lacked a foundational text to define governmental...

Sources of Law in Spain

Under Spanish law, Article 1 of the Civil Code outlines the sources of law in the following order:

• Law
• Custom
• General Principles of Law

If a case lacks an applicable law, custom shall apply. If there is no custom, the general principles of law (derecho) apply. Law is produced by bodies with legislative power.

Ordinary Laws

Ordinary laws originate from Parliament and are approved by a simple majority in both the Congress and the Senate. A simple majority is achieved with half plus one of the representatives' votes. These laws may be approved by both Congress and the Senate or the legislative standing committees, provided the ability to approve has been delegated.

Organic Laws

Organic Laws are adopted through a special procedure...