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

Causes of Justification: Self-Defense Principles

Self-Defense: A Justification Principle

Self-defense shares with a state of necessity the factual existence of a conflict between two legal rights, where the legal system may sacrifice one to preserve the other. However, self-defense is distinguished by the fact that the conflict arises between the legal right of the attacker and that of the attacked. This gives it a greater scope of action compared to a state of necessity, where the subject acts to prevent harm for which "nobody is at fault."

Basis for Exemption from Punishment in Self-Defense

Self-defense is credited with a dual basis or function: self-governance and the protection of the law. Those who act in self-defense do not perform acts contrary...

Basic Working and Employment Conditions for Temporary Workers

Member States may, after consultation with social partners at national level and on the basis of an agreement concluded by them, establish provisions concerning the basic working and employment conditions which derogate from the principle established in paragraph 1. Such arrangements may include a deadline to achieve equal treatment. The provisions referred to in this paragraph shall comply with Community law and be sufficiently precise and accessible to allow sectors and enterprises concerned to identify and meet their obligations.

Social Security and Other Schemes

Member States shall specify whether social security schemes, including pensions, cash benefits for sickness, or financial...

Irregular Societies and the Path to Legal Personality

The central issue addressed in these articles is the problem of the irregular society—a company that has not been established in compliance with all applicable legal requirements.

The establishment of a regular legal person follows a defined process:

1. The Partnership Agreement regulates internal relationships among partners.
2. A Deed and Registration process is required.
3. Registration leads to the creation of a Legal Person.

The Legal Person is essential for regulating external relationships with third parties, acquiring rights, and incurring debt. These relationships occur as a result of the society's actions within the economic framework.

It is crucial to understand that relationships occurring...

The Family as a Social Institution

The family is an institution with primary functions assigned to reproduction, basic socialization, emotional and social support, and meeting economic and production needs. The types of family are categorized as follows:

1. Based on Scope

• Nuclear Family: A group of people residing in one place, united by ties of kinship and marriage.
• Extended Family: Formed by people with kinship ties to the nuclear family, including grandparents, parents, and children.
• Single-Parent Families: Households in which children live with only their father or mother.

2. Forms of Marital Relationship

• Monogamous Families: Where a spouse has only one husband or one wife.
• Polygamous Families: Where there is a plurality of husbands or wives. This

Item 13: Key Historical Terms

The Assault Guard

The Assault Guard was a new armed police force that emerged during the early reforms following the proclamation of the Republic. It was entrusted with maintaining security in the cities.

The Pastoral Letter of Cardinal Segura

The Pastoral Letter of Cardinal Segura was a publication released on May 1, which praised Alfonso XIII and the Church's relations with the state during the monarchy. This ended in open conflict, and the government ordered the expulsion of Segura.

Pedagogical Missions

The reformist biennium resulted in educational reform through the creation of Pedagogical Missions. These were designed to extend culture to rural areas, where many intellectuals collaborated, including Antonio Machado...

Locke's Political Philosophy

State of Nature

The state of nature is the condition in which humanity existed before forming societies and establishing collective ties.

War and Peace

In the state of nature, there are no judges or positive laws to regulate behavior. Instead, natural law governs human conduct. Peace exists when force is not used without right, while war is a state of enmity and destruction. War can occur in both the state of nature and civil society, but it is not a necessity.

Natural Law

Natural law consists of certain rules of nature that govern human behavior and can be discovered through reason. Individuals are free to make rational decisions, and reason provides moral autonomy, making them independent of ecclesiastical authority....

Child Protection in the Digital Age

Key Stakeholders in Child Protection

• First Level: Family and school
• Second Level: Media and public authorities

Elements Affecting Child Protection

Regulation: A comprehensive set of legal norms and ethical codes addressing child protection. These are established by both public institutions and private entities, and can be local, national, or international.

Types of Regulatory Frameworks

• Legal Regulations
• Self-Regulation Codes
• Family Mediation
• Education for Communication

Compliance with Self-Regulation Codes for Television Content

Various bodies are responsible for ensuring compliance with the Code of Self-Regulation of Television Content and Children's Rights:

Self-Regulation Committee

Composed by:

• Television operators

Principle of Jurisdictional Unity (Art. 117.5)

The Principle of Jurisdictional Unity is a fundamental basis of the State's legal system, regulated in Article 3 of the Organic Law of the Judiciary (LOPJ), where it is of great importance. It is defined in opposition to the establishment of special courts, which were characteristic of the Ancien Régime.

Judicial power rests exclusively with the courts, exercised by members of the judiciary. This implies the absence of special courts whose members are not part of the judiciary and are therefore not subject to its specific legal status or, in some cases, the principle of independence.

Special Jurisdictions and Constitutional Provisions

Article 117.5 of the Spanish Constitution establishes jurisdictional...

Modernization of the Spanish Army

The Republican government was convinced that the army required a profound transformation. This prompted a reform aimed at creating a professional and democratic military. The Retirement of Officers Act (1931) required all serving officers to pledge their commitment to the Republic, while offering them the opportunity to retire with full pay. Subsequently, the government created the Assault Guards, a public force loyal to the Republic. While welcomed by some, these reforms were viewed by others—particularly the 'Africanists'—as an assault on military tradition and power.

Agrarian Reform: Transforming Agriculture

The reform of agriculture was the most significant project undertaken by the Republic, intended...

Judicial Decisions on Parental Rights

The judge will address the severity, repetition, and routine arbitrary facts when considering cases related to parental rights.

Article 353. Judicial Declaration of Deprivation of Parental Rights

The deprivation of parental rights must be declared by the judge at the request of an interested party. It is considered an interested party to bring the corresponding action:

Interested Parties Who May Bring Action:

• The other parent for whom the parentage is lawfully established, even when not exercising parental authority.
• The Attorney General, acting ex officio or at the request of the child (if the child is over twelve years old).
• Parents and other relatives of the child within the fourth degree on any line.
• The person