Notes, summaries, assignments, exams, and problems for Law

The Person

Definition

An entity with the capacity to have rights and obligations.

Individual Person (Natural Person)

• Start: Birth
• Extinction: Death
• Capacity:
  • Full (to have rights and obligations)
  • In action (capacity to enter into contracts on one's own)

Group of Persons (Legal Entities)

A group of different people joined together with a common purpose. There are two types of collective entities:

Associations of Public Interests:

Cannot divide profits among its members.

• Foundations: The aim cannot change.
• Associations: The aim can change.
• Corporations: Created by public authority, do not have shareholders, and have to provide an efficient public service.

Private Legal Entities:

Profit can be divided. These are commercial and civil legal entities.

• Start: Constitutional

Understanding Administrative Procedures

An administrative procedure is a group of steps taken in order to reach a final decision or resolution within the administration.

Parties and Rights in the Process

There are two main parties involved in this process:

• The Administration: This entity serves two functions, acting as both a judge and a party.
• The Citizen: This may refer to an individual or a collective of citizens.

The citizen has the right to be heard, either orally or in writing. In all countries, it is mandatory to exhaust the administrative procedure before challenging a matter in court.

Judicial Procedure

Within the judicial procedure, there is a specific order within the courts that must be followed for an appeal, starting with the appeal court....

The Middle Ages and Commercial Ethics

During the Middle Ages, the Christian church attempted to enforce moral commands adverse to commercial transactions. The taking of interest for loans of money was considered income without true work, deemed sinful and prohibited. There was also an attempt to generalize the idea of a just price. Although both rules, especially the former, influenced the law and the economy for centuries, neither finally prevailed in the secular world.

The Law Merchant (Lex Mercatoria)

Another feature of the medieval period was the development of a separate commercial law—the law merchant.

Origins and Customary Law

Like the jus gentium of early Roman days, the law merchant differed from existing ordinary rules that varied by...

US Constitutional Protections in Criminal Law

Amendment IV: Unreasonable Searches and Seizures

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

• Exclusionary Rule: Evidence seized illegally may not be used to obtain a conviction.
• Key Case: Mapp v. Ohio (1961).

Amendment V (Part 1): Grand Jury and Double Jeopardy

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising...

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

Property Rights, Security Interests, and Land Registration

Security Interests

Hypothec

A hypothec is a limited real right granted to a creditor, securing a debt with the debtor's movable or immovable property. It uses an immovable object as subject matter and does not require dispossession of the hypothecated asset. In case of default, the lender must first take possession of the security and then sell it.

Pledge

A pledge uses a movable object as subject matter and requires dispossession of the pledgor. The pledgee retains possession until the debt is repaid.

Mortgage

A mortgage can involve movable and immovable property and entails the transfer of ownership. It creates a charge against immovable property (anything attached to the earth).

Other Property

OSHA

Government Agency for Workplace Safety

OSHA (Occupational Safety and Health Administration) is a government agency that sets and enforces worker safety standards. They conduct periodic inspections, act on reported safety violations, and may impose fines on employers for major violations.

Workers' Compensation (WC)

Insurance for Workplace Injuries and Illnesses

Workers' compensation (WC) is insurance provided by employers to protect employees who suffer work-related injuries or illnesses. Coverage varies by state but generally includes:

• Medical expenses from work-related injuries
• A percentage of lost wages
• Death benefits for survivors
• Lump-sum or long-term benefits for life-changing accidents

Death Benefit

A death benefit is compensation paid to the...

Understanding Crime and Legal Terminology

This lesson explains the history and definitions surrounding crime and punishment. We will learn essential vocabulary to discuss criminal acts and the legal system.

Defining Crime and Offences

A crime is synonymous with an offence, as both refer to breaking the law. Depending on the severity, you can use specific terms:

• Minor offence / Petty crime: Less serious acts, such as vandalism of a bus stop.
• Juvenile crime: Crimes committed by minors.

The Phases of a Criminal Case

The legal process typically follows these steps:

1. Commission: Someone commits a crime.
2. Investigation: The police investigate the incident.
3. Arrest: The police arrest a suspect.
4. Interrogation: The police question the suspect.
5. Charging: The suspect