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

The Reformist Biennium

Days after the adoption of the Constitution, the first constitutional government was formed, chaired by Manuel Azaña. He ceded the presidency of the Republic to the conservative Alcalá Zamora, who had been the president of the provisional government. This government proposed the task of transforming Spanish reality through the following reforms:

1. Military Reform

This reform sought the creation of a professional and democratic army, aiming to end its macrocephaly (one officer for every three soldiers). The Retirement Act required military assets to pledge allegiance to the regime, allowing officers to retire with full pay if they wished. The reform did not fully achieve its objectives, as the number of retired officers...

Article 6 — Organic Law of the State (BOE, 10 Jan 1967)

Article 6 of the Organic Law of the State (BOE of 10 January 1967). Text nine.

Together, we can consider the Franco regime as a constitutional dictatorship. Franco, not having a constitution as a fundamental norm of the state, resorted to the procedure of making laws, which were drafted according to current needs. During the Civil War, lawmaking developed outside normal channels. Back in the 1940s, others were written such as the Law of Courts, the Jurisdiction of the Spanish, the Referendum Law, and the Law of Succession to the Head of State. In 1958 the Act of the Fundamental Principles of the Movement was issued.

Despite this body of law, the legal apparatus of the system was incomplete....

The Moderate Party

The Moderate Party supports a constitutional monarchy, with extensive executive powers, shared sovereignty, individual liberties, limited denominational state, and a centralized state.

Their social bases often include aristocrats and the bourgeoisie enriched with seizures. Some characters associated with this party are Narváez, O'Donnell, and General Serrano.

The Progressive Party

The Progressive Party advocates a constitutional monarchy with no executive power, national sovereignty, defense and protection of individual freedoms, and a less centralized state with some autonomy and democratization of municipalities and provincial councils.

Their bases are generally liberal: financial professionals, officials, small traders, and...

Canadian Criminal Justice and Policing Terminology

Foundational Legal Concepts

Criminal Code

Federal legislation that sets out criminal law procedures, rules for prosecuting federal offenses, and sentencing guidelines.

Canadian Charter of Rights and Freedoms (Charter)

A fundamental component of the Constitution Act that guarantees basic rights and freedoms to individuals in Canada.

Constitution Act, 1867

The constitutional authority defining the division of legislative responsibilities between the federal and provincial governments.

Rule of Law

The foundational principle of the Canadian Legal System, ensuring that all persons are subject to and accountable under the law.

Stare Decisis

The legal principle by which higher courts set binding precedents that...

Repressive Legislation (1939–1941)

• Act of Political Responsibilities (1939): Legalized the political repression of the vanquished in the war.
• Act for the Suppression of Freemasonry and Communism (1940): Allowed for the pursuit of any form of political dissent.
• Act on State Security (1941): Reinforced the provisions of earlier repressive laws.
• Press Act (1939): Maintained strict censorship on all publications in Spain until its repeal in 1966.

Political Organization of the New State

The political structure of the regime was defined by the following fundamental laws:

• Labour Charter (March 9, 1938): Established hypothetical worker rights and the obligations of the company and the State regarding production. It emphasized a traditional Catholic character

The National Militia and the Constitution

The National Militia was created as the body responsible for action in each province, serving as the armed wing to defend the liberal platform. Its operation depended on the King and the Cortes. The Constitution had a random effect, as the state of war in Spain made its application very limited; however, it became the ultimate symbol of Spanish liberalism.

The Struggle Between Liberalism and Absolutism

In 1814, Fernando VII abolished the Constitution, returning the nation to the Old Regime. It was later reinstated during the Liberal Triennium (1820-1823). After being abolished once more, it recovered its force following the Sergeants of La Granja revolt in 1836, leading to the elaboration of a new constitution...

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...

Permanent Employment Contracts

Indefinite Contracts: These are contracts without a certain completion date. They are presumed to be held indefinitely unless proven otherwise.

Promotion of Permanent Contracts

Purpose: To facilitate the placement of groups affected by unemployment, including:

• Workers over 45 years of age.
• Individuals registered for at least one month with the public employment office.
• Disabled workers.

Fixed-Term Contracts

Fixed-term contracts must have a fixed end date. The Labor Statute outlines specific circumstances for their use.

Contract for Specific Work or Service

• Purpose: To carry out specific works or services.
• Duration: Determined by the time required to perform the work or service.
• Notice: If the duration exceeds one year, 15

1. Concept and Limits of Prison Treatment

Prison treatment is defined using various terms: rehabilitation, resocialization, and even the rehabilitation of the prisoner. It is a neutral concept as it must respect the right to be different and does not require the assimilation of specific values, but simply the ability to live according to criminal law (s. 02.09 LOGP).

Prison treatment is defined in Article 59 of the LOGP as the set of activities directly aimed at achieving the rehabilitation and social reintegration of prisoners.

The only limits are that the inmate's constitutional rights are not affected by the conviction and that the dignity of the inmate is respected.

Principles of Treatment (Article 62 LOGP)

Treatment should adhere to the following...

Mendizábal's Disentailment (1836)

Objectives of the Secularization

• Reduce national debt, which had increased significantly due to the Carlist War.
• Create a new class of property owners interested in supporting the liberal political regime.
• Ensure poorly exploited lands were acquired by entrepreneurs to increase agricultural production.

Disentailed Goods (Ecclesiastical Confiscation)

The decree of 1836 mandated the abolition of religious orders of both sexes (the regular clergy). This measure, driven by progressive liberalism, dismantled the economic power of the Church.

Method of Sale and Payment

The sale of disentailed assets was conducted via public auction following an official appraisal. Two primary payment procedures were established:

• Public Debt: