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

Vocabulary Words and Sentences

1. auspicious – (adj.) favorable; promising; conducive to success

The Constitution (1789)

Article I: Legislative Branch – Makes Laws

This is the longest Article, containing 10 Sections. The Founders considered this branch the most important.

Section 1: Congress

Establishes Congress, which includes the House of Representatives.

Section 8: Federal Powers

Details the powers granted to the federal government (Enumerated or Delegated Powers), such as:

• Establishing the Navy and Army
• Borrowing and coining money
• Establishing the postal office
• Declaring war

Necessary and Proper Clause (Implied Powers)

Allows Congress to make any law deemed necessary and proper to carry out the previously listed powers. This clause is broad and stretches the powers of the federal government. Any "new power" linked must relate to a power already...

Working Classes of Contracts

Associate Assistant: As stated in article 10, paragraph 3 of the Workers' Statute (Estatuto de los Trabajadores - ET), an employer may hire a worker who requires an assistant to perform their services. The employer then hires another worker specifically to assist the first. If the primary worker's contract is terminated, the assistant's contract is also terminated.

Contract Group: (Article 2.10 ET) The worker is considered a group of workers, breaking from the traditional concept of the worker as an individual. This is common in fields like construction and for musical groups. The working group must appoint a representative, who must be a member of the group. This group leader acts on behalf of the group. If a member...

Royal Decree 1201/1981: Correctional Regulations

Summary of Offenses and Disciplinary Actions

Article 108: Very Serious Offenses

• Participating in riots, collective disturbances, or inciting them if they have occurred.
• Assaulting, threatening, or coercing any person within the establishment, or authorities, judicial, or penal institution personnel. This includes actions both inside and outside the establishment if the inmate was out for a legitimate reason, and applies to those acting in their official capacity or in connection with it.
• Grave assault or coercion of other inmates.
• Active and serious resistance to compliance with orders from authority or officers in the lawful exercise of their powers.
• Attempting, facilitating, or committing evasion

Legal Provisions for Child Protection and Custody (Law 54/2007)

Article 172, Paragraph 3: Implementation of Custody

The custody assumed at the request of parents or guardians, or the guardianship role of the Ministry of Law, shall be implemented through foster care or residential care.

• The foster care shall be held by the person or persons identified by the Public Entity.
• The residential care shall be exercised by the Director of the institution that has taken the child.

Parents or guardians may object within two months of the administrative decision regarding the placement, if they consider that the agreed modality is not best for the child, or if there are other designated persons within the family circle who are better suited.

Article 172, Paragraph

Limits on the Employer's Power of Direction

The employer's power of direction is not absolute and is subject to various limitations:

• Derived from the Constitution: Fundamental rights such as dignity, privacy, and non-discrimination.
• Derived from Managerial Activity: Hierarchies and business orders.
• Derived from the Workers' Statute (TRLET): Specifically, the Jus Variandi.

Understanding Jus Variandi

The Jus Variandi is the employer's ability to unilaterally modify conditions agreed upon in the employment contract. This power is subject to specific conditions:

• Applicable to contracts longer than one year.
• The changes must not constitute a substantial modification of working conditions.
• Changes must be justified by technical, economic, organizational,

Modification and Termination of Obligations

Subjective Modification

This type of modification involves a change in either the debtor or the creditor. This means that the provision is fulfilled by a person different from the original debtor. A change in the debtor always requires the creditor's consent. However, a change in the creditor can be made without the debtor's consent, but the debtor must be notified of the change.

Objective Modification

This type of modification alters situational elements of the obligation, such as a change in the location or time of performance.

Extinction of Obligations

Article 1156 of the Civil Code states that obligations are extinguished by:

• Payment or performance
• Loss of the thing due or supervening impossibility of

Understanding Civil Liability

Civil liability refers to the legal obligation to compensate for damages caused to another person. This right to seek compensation arises when an individual or entity has an obligation to bear the consequences of harm inflicted. The injured party is entitled to claim civil liability, and the responsible party must pay compensation for the damage caused.

Types of Civil Liability

Contractual Liability

Contractual liability arises when the damage is a direct consequence of a breach of an existing contract between the person causing the damage and the injured party. In such cases, a pre-existing contractual relationship defines the scope of responsibility.

Extra-Contractual Liability

Extra-contractual liability, also known...

Public Contract Thresholds and Procedures

The following thresholds apply to public contracts (excluding VAT):

• Minor Contracts: Inferior to €50,000.00.
• Negotiated Procedure Without Advertising: Between €50,000.00 and €200,000.00. Requires inviting a minimum of three companies.
• Negotiated Procedure With Advertising: Between €200,000.00 and €1,000,000.00.
• Open Procedure (National Threshold): Between €1,000,000.00 and €5,150,000.00. Advertising in the DOE (Official State Gazette). Offer submission deadline: 26 days.
• Open Procedure (EU Threshold): Equal to or greater than €5,150,000.00. Requires advertising in the DOUE (Official Journal of the European Union), DOE, and BOE (Official State Gazette). Offer submission deadline: 52 days from