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

Constitutional Rights: Classification and Protection

Classification Guarantees for Rights

The constituent power, when establishing the catalog of rights and freedoms, also establishes a classification based on their guarantees. In other words, the constitutionally established levels of protection for them. Clearly, some rights are more important than others, and it seems logical that they are subject to greater protection.

Rights with Strengthened Safeguards

These are rights to which the constitution intended to provide a kind of special armor. They usually coincide with those that common sense finds most important: the rights of personality and civil rights in general, with some exceptions. For example, the right to marriage or property are not...

Key Legal Terminology and Document Structures

Understanding Legal Judgments

A Judgment is a judicial decision that ends a dispute between several parties. It typically begins with a header containing general information, continues with recitals that relate the facts and legal arguments, and concludes with the ruling of the judicial authority.

The Structure of a Legal Instance (Request)

An Instance refers to a formal request made to obtain a specific benefit. Its typical structure includes:

• The applicant's details.
• Exposition of the reasons (facts and arguments).
• Petition for a specific object or request.
• Polite closing, place, date, and signature.
• Authorization by the Legal Administrative Quarter (LAQ).

Legislative Text Defined

A Legislative Text is formally...

Employee Representation in the Workplace

The participation of workers in the company to defend their interests is conducted through several channels:

• Unions: Through their affiliates, unions are entitled to intervene in the workplace via trade union branches and shop stewards.
• Staff Delegates and Committee Members: Representatives of Company K are elected by their fellow workers through elections held every four years in the workplace.

The Concept and Rights of Unions

A union is a permanent and autonomous non-profit association of salaried workers dedicated to the economic and social progress of its members. Its primary focus is the maintenance and improvement of working conditions through collective bargaining. Everyone has the right to organize...

Degrees of Crime Execution

Article 7: Not only are crimes or offenses punishable, but also frustrated and attempted acts.

• Frustrated Crime: There is a frustrated crime or offense when the offender has performed everything necessary for the execution of the crime, but the result is not produced due to factors beyond their control.
• Attempted Crime: There is an attempt when the offender begins the execution of the crime or offense by direct overt acts, but fails to perform one or more acts necessary for its completion.

Conspiracy and Proposal to Commit Crimes

Article 8: Conspiracy and the proposal to commit a crime or a simple offense are punishable only in cases in which the law specifically provides a penalty.

• Conspiracy: Exists when two or more persons

Introduction to the Abolition of Basque Fueros

This document is a primary source, specifically a legal decree, with significant political content.

It was authored by the Spanish Cortes at the proposal of Cánovas del Castillo.

Primarily addressed to the inhabitants of the Basque provinces, it is therefore a public text.

Its main objective was to impose constitutional unity throughout Spain and, to that end, to abolish the Basque Fueros.

The decree was issued in Madrid during the Restoration period (when the new Constitution was approved), specifically at the end of the Second Carlist War.

Main Content: Achieving Constitutional Unity

The central idea of this decree is to achieve constitutional unity across Spain.

Key Articles:

• Article 1: Constitutional

This text is composed with articles of the Basque autonomy statute (1979) elaborated by Basque representatives and approved by the Central government and ratified by the king. It is a first level text and Suarez signs the ratification document.

After the Civil War 40 years of Francoism started and when the General died, when Franco died Juan Carlos prince became the new king. He maintained as head of the government Arias Navarro, already appointed by Franco. The king was the person who appeared in favor of the breaking up. He had two possible ways to govern: to continue with Francoism or to break up with it. As the king wanted democracy, Arias Navarro decided to end up with Francoism. The role of the king was very important. He asked Arias Navarro...

Vocabulary Enhancement

A Thesaurus of Powerful Synonyms

A

• Account: Report
• Actual: Authentic
• Activity: Movement
• Advert: Advertisement
• Admire: Appreciate, look up to
• Alone: Lonely
• All time: Constantly
• Allure: Appealing, glamorous, persuasive
• Ambush: Aggression
• Announcement: Publication, notice
• Annoyance: Upsetting
• Apologize: Regret
• Appeal to: Attraction
• Appreciation for one's talent or achievements: Recognition
• Approach: Advance
• Approve: Second
• Atmosphere: Above
• Auction: Subasta (auction)
• Awesome: Amazing
• Avoid: Elude, prevent
• Outrageous: Weird, excessive

B

• Ban: Prohibition
• Becoming a certain age: Turning
• Believable: Credible
• Bizarre: Weird, odd
• Blame: Accuse
• Boost: Support
• Bronch: Office (branch?)

C

• Call out: Announce
• Cheer: Encourage
• Childish: Immature
• Clap: Applaud
• Collect: Accumulate
• Collection:

Essential Definitions of US Executive and Legislative Functions

Core Government Systems and Election Terminology

Parliamentary System

System of government where the legislature selects the Prime Minister or President.

Presidential Ticket

Joint listing of Presidential and Vice Presidential candidates on the same ballot.

Presidential Authority and Constitutional Clauses

Vesting Clause

The President’s constitutional authority to control most executive functions.

Take Care Clause

Constitutional requirement that Presidents “take care that the laws be faithfully executed.”

Inherent Powers

Powers that grow out of the very existence of government.

Executive Privilege

The right to keep executive communications confidential, especially if relating to national...

The Restoration Era: A Democratic Facade

The Restoration in democratic theory was intended to establish a political system based on two dynastic parties without opposition. However, the Spanish democratic regime was merely a farce controlled by corrupt ruling classes. Spain adopted the guise of a constitutional democratic regime, but the people had no real participation in choosing the government.

To ensure the election results required to facilitate the party shift, the government began a period marked by the systematic manipulation of results. The parliamentary system of the Restoration was a fiction, designed to perpetuate the oligarchic structure of power without major alterations.

The Role of the Political Boss

The key figure in this system...