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

Agency Relationships and Legal Criteria

The third party must believe they are dealing with the agent of the principal. Operation of law involves family relationships and emergency circumstances.

Agent Duties to the Principal

• Performance: The agent must use diligence and skill in performing their work.
• Notification: The agent must notify the principal of all relevant matters.
• Loyalty: The agent must act solely for the benefit of the principal.
• Obedience: The agent must follow all lawful and clearly stated instructions; deviation constitutes a violation.
• Accounting: The agent must keep and provide an accounting of all funds and property received.

Principal Duties to the Agent

• Compensation
• Reimbursement and Indemnification
• Cooperation
• Safe working conditions

Authority

Termination of the Employment Contract

1. Termination by Performance

A) Expiration of the Agreed Time

This applies to fixed-term contracts. In such cases, the worker is entitled to receive an amount equivalent to 12 days of salary per year of service (excluding replacement and training contracts).

B) Completion of the Work or Service

Termination occurs when the conditions subsequent are validly recorded in the contract, unless they constitute an abuse of law by the employer.

2. Termination by Death, Retirement, or Permanent Disability

A) Death, Permanent Disability, and Retirement of the Employee

• Background: the personal nature of the work performed.
• After the employee's death, their heirs do not generate any kind of compensation (unless otherwise provided

1. Basic Purposes of Customs

• Inspection of goods: Ensuring compliance with regulations.
• Collection of customs duties: Managing fiscal revenue.
• Statistical control: Registration and monitoring of trade operations.

2. The Customs Area

A customs area is a designated space for the storage of commercial goods that have not yet cleared customs. It is enclosed by customs borders.

Differences Between Customs and Customs Areas

These are physical spaces where goods intended for export, import, or transit are presented to undergo the relevant customs procedures. Once located in these areas, goods are under customs control. Authorization of these areas is the responsibility of customs authorities. Examples include seaports, airports, and customs warehouses.

3.

Landmark Supreme Court Rulings

• Marbury v. Madison: Established judicial review.
• McCulloch v. Maryland: Confirmed the right of Congress to utilize implied powers.
• Gibbons v. Ogden: Strengthened the power of the federal government to regulate interstate commerce.
• Engel v. Vitale: Struck down state-sponsored prayer in public schools.
• Lemon v. Kurtzman: Struck down state funding for private religious schools.
• Reynolds v. U.S.: Banned polygamy.
• Oregon v. Smith: Banned the use of illegal drugs in religious ceremonies.
• Schenck v. United States: Free speech is limited when it presents a clear and present danger.
• New York Times Co. v. Sullivan: Ruled that public officials cannot easily sue for libel.
• Roth v. U.S.: Ruled that obscenity is not protected free speech.

De Facto Society

When is a Society Considered 'De Facto'?

• When not incorporated by public deed.

How Many Members in a De Facto Society?

• From two members onwards.

Who Liquidates a Partner's Share in a De Facto Society?

• The other members of the society.

Industrial Property & Patents

What Can Be Patented?

• Under industrial property law, patentable inventions must be new, result from inventive activity, and be susceptible to industrial application.

What is a Patent?

• A patent is a certification granted by the government to natural and legal persons, allowing them to exclusively exploit entirely new products or processes for a period of 20 years from the filing date.

Which Agency Grants Patents?

• The Mexican Institute of Industrial Property (IMPI) is a decentralized

Public policy can be defined in common terms as "a set of principles and institutions which are fundamental in the social organization of a country that inspire their jurisprudence"

Article 39 states that the use of weapons should be considered as a last resort.

Human Rights: A set of universally accepted principles, recognized constitutionally and legally guaranteed, aimed at ensuring human dignity as a person, both individual and social, material and spiritual.

Homeland Security refers to the notion of relative stability, calm, and predictability that is beneficial for the development of a country, as well as the resources and strategies to achieve it (mainly through national defense).

First Generation: The first generation of human rights is

Constitutional Control of International Treaties

The Spanish Constitution (EC) is our basic internal standard. Treaties are subject to the control of constitutionality, just as all major sources of our domestic law are.

Procedures and Consequences of Legal Challenges

Who can impugn these treaties, and what are the consequences? Control is prospective; if the sentence confirms constitutionality, there is no issue. However, if it is found unconstitutional, specific measures must be taken. The control must be:

Prior Constitutional Control Under Article 95

• Previous Control: This occurs before the treaty can produce legal effects. Article 95 of the EC states: "1. The conclusion of an international treaty containing stipulations contrary to the Constitution

Topic 6: Regulations

Concept of Rules

Regulations are secondary rules that are hierarchically subordinate to the Constitution and laws with the force of law. They are issued primarily by state bodies, such as the government, which directs the Public Administration. These regulations possess strong administrative content and serve to guide the Administration.

Some regulations are extremely thorough and detailed. These pieces of secondary legislation are of significant legal relevance and are dictated by the government to manage the Administration.

Regulations involve both the government and the Public Administration. Within this typology, we find various forms, such as regulatory decrees and ministerial regulations.

Hierarchy of Regulations

• Above:

Mitigating Circumstances in Criminal Law

1. Reasons expressed in the previous chapter, when the defendant does not meet all requirements to be exempt from responsibility.

2. The offender acted under the influence of a serious addiction to the substances mentioned in Article 20.

3. Actions driven by powerful stimuli, such as intense passion, temporary blindness, or other states of similar intensity.

4. The offender confessed the offense to authorities before becoming aware that legal proceedings had been initiated.

5. The offender repaired the damage caused to the victim, or lessened its effects, at any time prior to the trial.

6. Extraordinary and undue delay in legal proceedings not attributable to the accused and disproportionate to the case complexity.

7. Any other