Notes, summaries, assignments, exams, and exercises for Law for Other courses

Understanding Social Disparities

Gaps: Absence of Resources

Gaps refer to the absence of capacities or resources generally considered necessary to fully develop a person's human potential.

Peculiarities: Distinguishing Characteristics

Peculiarities are the characteristics of certain individuals or groups who are perceived by the rest of society as distinct.

Indifference: Lack of Compassion

Indifference is the attitude of a lack of interest and compassion that leads us to worry more about the situation and problems of others.

Xenophobia: Fear of Strangers

Xenophobia, from the Greek, signifies the fear of the stranger or foreigner. It applies to attitudes and hate towards foreign people.

Attitudes: Positive or Negative Dispositions

Attitudes are positive...

Understanding Civil Law and Tort Liability

When an individual is aggrieved, whether materially or morally—injured in their privacy, image, or rights—they may seek redress through the civil courts. The aggrieved person, acting as the plaintiff (or claimant), files a complaint (a lawsuit) against the person who caused the injury or wrong (tort), known as the defendant (or respondent).

The plaintiff sets out their claims, which the defendant must satisfy. The person who caused the tort is often called the tortfeasor (author of the injury). The branch of civil law that protects injured parties from these wrongs, covering moral and material damage, is known as the Law of Damages and Tort Liability (or Law of Tort).

The Four Major Torts

The four...

Legal Acts and Capacity of Minors

We list a number of acts for which the law recognizes the child a certain sphere of capacity. They differ because:

a) Acts the child can accomplish alone

i. After 14 years

1. A minor can marry (with waiver).
2. They can make a will and may even be a witness in court.

ii. From age 16

1. The ordinary administration of the assets acquired through their labor and industry.
2. Request judicial emancipation, or, if under guardianship, obtain the so-called benefit of majority.

iii. Not subject to any age limit

1. Accept donations that are not conditional or onerous.
2. Perform all actions relating to their rights if they have sufficient legal capacity.

b) Acts requiring consent or judicial authorization

Acts which the child can perform with the...

Classification of Companies and Their Legal Forms

Sole Trader (Empresario Individual)

• Name: Uses the name of the holder.
• Registration: Recommended to register with the Mercantile Register.
• Nature: A natural person routinely exercising a business activity on their own account.
• Liability: Personal and unlimited; the individual answers for business debts with all their assets.

Public Limited Company (Sociedad Anónima - S.A.)

• Name: Must be distinct from other companies to avoid confusion.
• Formation: Requires a public deed, publication, and registration in the Mercantile Register.
• Capital: Divided into shares belonging to the shareholders.
• Liability: Limited to the capital contributed by shareholders.
• Capital Contributions: Can be made in cash or assets.
• Minimum

The Essential Concept of Administrative Competence

This concept is essential not just as a valid requisite for acts in administrative law (e.g., Articles 53, 62.1b, and 101 of Act 30/92) but generally for public administration.

Meanings of Competence

The concept of competence, to avoid ambiguity, encompasses the following meanings:

• Competence as Competing Action

  This refers to competition or rivalry, which is quite important in areas such as recruitment and selection for public administration.

• Competence as Fitness

  This refers to the professional competence of a person or a subjective personal quality.

• Competence as Derived from 'Compete'

  This refers to what particularly affects, showing it as a relationship. This latter meaning highlights how the legal

Understanding Labor Unions and Worker Rights

Definition of a Union

A union is a permanent, institutional association of workers with independent functions. It can bring together employees, officials, self-employed individuals without dependent employees, the unemployed, and retirees with the goal of promoting the economic and social progress of its members. It performs advocacy functions, welfare services, and can engage in political participation.

Freedom of Association

Constitutional Framework

The right to freedom of association is recognized in Article 28.1 of the Spanish Constitution and is developed by Organic Law 11/1985.

Limitations

The Organic Law of Freedom of Association (LOLS) reserves the right to create a union for active workers, denying...

The New Pact on Migration and Asylum

Presented by the European Commission in September 2020 and formally adopted by the Council in May 2024, the New Pact on Migration and Asylum represents the most ambitious overhaul of EU migration and asylum governance since the Dublin Convention. Its starting point is a recognition of structural failure: the Dublin system, which had governed asylum responsibility since the early 1990s, had proved unable to deliver a fair, efficient, or coherent management of migration at the EU level.

Under Dublin, the Member State of first irregular entry bore full responsibility for processing asylum applications—a principle that, in practice, placed a disproportionate and unsustainable burden on front-line states such...

Economic and Social Rights in the Spanish Constitution

The Spanish Constitution (CE) designs a proper economic system based on the concept of the Social Market Economy. Its fundamental regulatory content is found in two different parts of the Constitution:

Dual Regulatory Framework: Articles 33, 38, and Title VII

The regulatory framework is established in two key areas:

1. On the one hand, the First Title, which contains key Articles 33 and 38, guarantees the right to private property and free enterprise within the market economy.
2. In addition, Title VII, primarily in Articles 128 to 131, includes a wide range of possibilities for state intervention in the economy and public sector development.

Three Regulatory Layers of the Spanish Economic System

The...

European Union: Internal Organization

There are four institutions that stand out within its organization:

Key EU Institutions

• The European Parliament is a representative body of the peoples of the Member States, who elect its members by direct and secret universal suffrage since 1979. The European Parliament does not currently exercise the full legislative function. Its traditional missions include deliberation, political control over the Commission, and approving the Community's budget.
• The Council is composed of representatives from the governments of the Member States. It is the intergovernmental body with ultimate decision-making power, including legislative functions. This body provides political impetus for the European Union, resolving major

School of Law: The Spanish Constitutional Framework

Articles 81 to 92 of the Spanish Constitution establish that the Constitution is the supreme rule of the legal system. It binds all judges and courts, who must interpret and apply laws and regulations according to constitutional precepts and principles, following the interpretations provided by the Constitutional Court in all relevant processes.

Types of Laws in the Spanish Legal System

Organic Laws

Organic laws are those relating to the development of fundamental rights and civil liberties. They include the approval of Statutes of Autonomy, the General Electoral Law, and other matters specifically envisioned by the Constitution. The approval, amendment, or repeal of organic laws requires an absolute