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

Evidence and Proof in Legal Proceedings

Evidence: Procedural activity of the parties and the judge, directed towards making the latter's conviction about the truth or certainty of the facts asserted by the party, which takes place mainly in the trial. Only through the evidence carried out at the trial may the legal conviction be formed. The purpose of the evidence is essentially the facts.

Valuation of Proof

Valuation of Proof: The principle of free assessment of evidence, which conforms to the rules of logic, to the maximum of experience and accepted scientific knowledge.

Consequences:

1. The court has the obligation to reason or provide evidence to motivate the result in its sentence. There is no evidence worth more than another.
2. Neither the Supreme

Principles of Criminal Procedure

Principle of legality: This principle permeates the entire criminal procedure. Everyone is entitled to know beforehand what conduct is criminal, who may go to court, who initiates the proceeding, and who concludes any action. Any action in the judicial process must be carried out according to the forms and requirements established by law.

Presumption of Innocence

Principle of presumption of innocence: Every person is presumed innocent until a trial judge decides otherwise by a reasoned decision based on clear and sufficient evidence of guilt.

Duality and Equality of Arms

Principle of duality and equality of arms: There must be two parties—an accuser and a defender—and both must be procedurally equal. Effective...

1. Historical Sources of Law

Historical sources of law: The emergence of law through social life experiences. For example, the issuance of judicial sentences or the stabilization of certain behaviors. In view of an individual's initial lack of a normative framework, these practices are validated over time and accepted for their merits.

2. Judiciary of the Federation

Who is the judiciary of the Federation? The Supreme Court of Justice of the Nation functions as the highest judicial body.

3. What Is the Legal System?

What is the legal system? It is the set of rules and institutional bodies of a normative nature established by the state.

4. National Standards

What are the national standards? All rules that are declared mandatory within the country by...

Taxpayer Responsibilities

Defining Responsible Parties

Responsible parties are individuals or entities designated to manage tax matters alongside primary debtors. They are determined by legal standards and are not directly liable but act as intermediaries.

Types of Responsibility

• Joint and Several Liability: All responsible parties share equal liability for the tax debt.
• Subsidiary Liability: This applies when the primary debtor fails to fulfill their tax obligations. The tax administration must follow a specific procedure:

Subsidiary Liability Procedure

1. Declaration of Insolvency: The tax administration declares the primary debtor insolvent.
2. Derivation of Responsibility: A formal act transferring responsibility to the subsidiary party is issued

Authority as a Necessary Condition

The authority of the State is more than a necessary tool of guardianship; it is the necessary condition for freedoms. Individuals are born into and are legitimized by the State as authentic situations and subjective individuals. This model dispenses with any reference to a natural law of individuals preceding the law imposed by states. There is no freedom nor any individual before the State, only the binding force and authoritative standards of the State capable of ordering society and establishing the subjective positions of individuals.

The Disappearance of the Distinction Between Societas and Pactum Subiectionis

In this model, the distinction between pactum societatis and pactum subiectionis disappears. A...

Instruments for Dispute Resolution in Social Courts

Parties may obtain the revocation or cancellation of dispute resolution instruments (orders, cars, and especially sentences).

Rating

1. Facing Final Decisions

A. To Include Replenishment Orders or Orders and Pleading

In front of judgments or orders, supplication and appeal for unification of doctrine, or ordinary cassation complaint may be possible.

B. Resolutions

Firm but no appeal review.

2. Specific Legal Resources

R. Reposición (Replacement)

(451a454 LPL 184a186 LEC) May be filed against orders or orders given in social courts unless terminated by the same body that handed down the decision against the measure that solves no appeal except when complaint or supplication is expressly provided for....

Article 20: Protection of Fundamental Rights

Any person who, due to acts or omissions, suffers arbitrary or unlawful deprivation, disruption, or threats to the legitimate exercise of the rights and guarantees established in Article 19 (specifically numbers 1, 2, 3, 4, 5, 6, 9, 11, 12, 13, 15, 16, 21, 22, 23, 24, and 25) may appeal to the Court of Appeals. The Court shall immediately take all necessary steps to restore the rule of law and ensure adequate protection for the affected party, without prejudice to any other rights pursued through appropriate authorities or courts.

This protection also applies to Article 19, No. 8, in cases where the right to live in an unpolluted environment is affected by an arbitrary and illegal act attributable...

Spanish Adverbial Propositions

A proposition is self-xqe adverbial: It can be replaced by a verb complement and serves as a circumstantial complement (CC).

A proper adverbial proposition cannot be replaced by an adverb. It complements the verb, but the entire main proposition indicates a condition.

Types of Adverbial Propositions

Adverbial Subordinate Propositions

Place: Marks the spot where the action expressed by the verb in the principal proposition occurs. Responds to Where? Can be replaced by an adverb of place and functions as a CCL (Complemento Circunstancial de Lugar).

Time: Indicates when the action expressed by the verb in the principal proposition occurs. Responds to When? It can be replaced by an adverb of time and functions as a CCT...

Interpretation of Treaties

Interpreting a treaty involves determining the meaning and scope of its provisions and clarifying any obscure or ambiguous points. The fundamental principle of interpretation is found in the Vienna Convention on the Law of Treaties, specifically Article 31. This article states that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and considering its object and purpose.

Article 31 also specifies that the context for interpretation includes:

1. Any subsequent agreement between the parties regarding the treaty's interpretation or the application of its provisions.
2. Any subsequent practice in the application of the treaty which establishes

PGE: Income and Expenditure of the Public Sector

PGE: income and measures with regard to public expenditure and the administration, based on economic objectives of public policy and the political budget.

8.2 - PGE Concept

The PGE can define the budget through the legislative act that authorizes the maximum amount of expenditure to ensure sound economic management during the PGE. The State general budgets are an annual instrument adopted by means of a law voted in the Cortes (parliament). They establish obligations that must be recognized by the State and its autonomous bodies.

8.3 - Characteristics of the PGE

• Financial: the PGE represents the income and expenditure of the public sector.
• Authorization and control: act of authorization and control