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

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...

The Spanish Constitution

The Spanish Constitution represents the highest law in Spain, situated at the top of the legal system pyramid. It comprises the rules governing the basic institutions of the country, the territorial division (Autonomous Communities, State, and Local entities), and the rights and liberties of the people.

To create a new law or approve international treaties, changes to the Constitution are necessary.

Hierarchy of Spanish Law

Constitution - International Treaties - Organic Acts - General Acts - Decrees issued by the Government.

The two main types of law are Organic Acts and General Acts.

The Three Branches of Power

There are three branches of power: Legislative, Judicial, and Executive.

Organic Law

Organic Laws relate to the development...

Landmark Supreme Court Case Matching

• Incorporates the Establishment Clause/Freedom of Religion: Everson v. Board of Education
• Court limits baker's hours (Economic Due Process): Lochner v. New York
• Overrules Muller v. Oregon (related to minimum wage): Adkins/Shilling Household
• Home ownership protection (mortgage suspension): Home Building & Loan Ass'n v. Blaisdell
• Struck down minimum wage for women and children: Adkins v. Children's Hospital
• Marshall Court blocks state interference with contracts: Dartmouth College v. Woodward
• Court incorporates freedom of the press: Near v. Minnesota
• Incorporates the right to trial by jury: Duncan v. Louisiana

Key Legal Doctrines and Constitutional Concepts

Dual Federalism

• Concept where national and state governments

1. Islam is a monotheistic religion articulated by the Quran, a book containing the word of Allah.
2. Islam's teachings and scriptures were revealed by the Prophet Muhammad.
3. Sharia encompasses all Islamic laws, jurisprudence, and rulings.
4. The Quran, considered the direct words of Allah, serves as the Islamic legal constitution. When the Quran doesn't directly address a subject, Muslims consult alternative sources of Islamic law.
5. The Sunnah refers to the traditions and practices of the Prophet Muhammad, many of which are recorded in Hadith literature.
6. When specific legal rulings aren't found in the Quran and Sunnah, the consensus (Ijma) of legal scholars is sought.
7. In cases requiring legal rulings not addressed in other sources, judges or scholars may use

1. Membership and Election

The Parliament sees its role not only in promoting democratic decision-making in Europe but also in supporting the fight for democracy, freedom of speech, and fair elections across the globe.

Following a number of previous attempts made at the time of previous treaty amendments, the number of MEPs has finally settled at 750. MEPs are elected to serve the electorate in constituencies and are organized into cross-border political groupings, rather than member states, with the total number per state crudely in proportion to population. Further possible expansions will almost certainly cause the issue of membership to be reopened.

The President of the European Parliament

The actual President of the European Parliament is...

Definition of Law

• A body of rules of action or conduct prescribed by the controlling authority and having legal binding force (Black Law Dictionary).
• Rules enacted by a government authority that govern individuals and relationships in society.

Purposes of Law

1. Keeping Order
2. Influencing Conduct
3. Honoring Expectations
4. Promoting Equality
5. Law as the Great Compromiser

Sources of Law in the United States

Constitutions

• The fundamental law of the land.
• Includes state law as well.

Legislatures and Statutes

• Example: The Clean Water Act.
• Federal (U.S. Congress).
• State Legislatures.
• Local Government (City/County).

Administrative Agencies and Regulations

1. Congress creates a statute.
2. The statute names an administrative agency.
3. The agency makes regulations.
4. These regulations significantly

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:

Obligations of the Buyer and Seller in Business Acquisitions

Delivery of the Business

The object of the contract must be an "operable enterprise or one capable of functioning." This requires:

• Asset Enumeration: The contract must explicitly list all different components and assets.
• Operational Guidance: The seller must advise the buyer on how the enterprise functions, including client management, patent proceedings, and know-how.
• Special Liability of the Seller: The seller must refrain from competing with the buyer to protect the transfer of the client base.

Transfer of Overall Obligations

• Contracts: Transfer requires the consent of the buyer, the seller, and the third party involved. Special rules apply to labor relationships.
• Credits: Per Article

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...