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

Sources of Law

When discussing the sources of law, we refer to the origin of legal authority, where laws come from, and how they manifest. A source of law is the law itself.

Direct Sources

• Laws and standards: Issued by the legislative or executive branches.
• Customary law: Established social practices.
• General principles of law: Fundamental legal concepts.

Indirect Sources

• International treaties: Agreements concluded between Spain and other states or international bodies (e.g., conventions, protocols).
• Jurisprudence: Criteria consistently expressed by the Supreme Court in its judgments.

Definitions and Legal Concepts

The Law: A rule issued by a competent authority with due formalities, which is unexceptional, stable, and sufficiently promulgated.

Customary

Administrative Penalty Defined

What is meant by an administrative penalty? The Constitution's guarantees that apply in criminal cases are also applicable to administrative penalties, since the latter form part of the state's punitive powers. This applicability is justified by the need to guarantee citizens' fundamental rights and to prevent intolerable inequality between them. The administrative penalty is composed of the following elements:

• Imposed directly by an administrative agency;
• Is a punitive measure;
• Must be provided for by law;
• Applies to a person who has performed an illegal act, i.e., a behavior contrary to the law;
• In its application, due process must have been observed and the person must have been allowed to defend themselves.

Principle

Foundational Concepts of Family and Marriage Law

Family

The group formed by the union between a man and a woman, or the community formed by either parent and their descendants.

Family Functions

The primary roles fulfilled by the family unit include:

• Procreative function
• Educational function
• Emotional function
• Economic function

Marriage and Conjugal Bonds

Marriage

The union of a man and a woman, established in accordance with the law, in order to fully share their lives.

Betrothed People

Individuals who are preparing to marry.

Proclamations (Marriage Banns)

A social warning or public announcement reporting the impending marriage.

Concubinage

The stable and prolonged union between a man and a woman without formal marriage.

Duties of Marriage

The primary duties...

Limited Liability Company (LLC)

Features

An LLC may be formed by one or more partners.

The social capital cannot be less than €3,005 and must be fully paid at the time of constitution.

• Liability: The liability of the members is limited to their contributions of money, property, or rights.
• Name: The company name ends with SL.

Government Bodies

• The General Board: This is the governing body of the LLC and is represented by all partners. Its function is to monitor management and approve the annual accounts, as well as appoint directors.
• Administrators: These may be partners or not and are responsible for managing the company and executing the decisions of the general meeting.

The rights of partners involve the sharing of profits and assets of the company....

Internal Revenue Service: Mission & Vision

Our Mission: Fair & Just Tax System Management

The mission of the Internal Revenue Service (IRS) as a state institution is the fair and just management of the internal taxation system, aiming to achieve fiscal targets. We facilitate voluntary compliance by providing quality services tailored to each type of taxpayer, ensuring proper tax compliance in strict accordance with the law. Our supervisory efforts are focused on taxpayers exhibiting risky tax behavior.

Our Vision: Excellence in Tax Administration

The IRS strives to be perceived by its customers as an institution of excellence: transparent, operating with equity, and in strict adherence to laws and regulations. We aim to provide quality...

1. What Are Public Services?

Public Services refer to activities or entities, whether public or private bodies with legal personality created by constitution or law, designed to regularly and continuously satisfy certain needs of general interest. This satisfaction is achieved either directly, through delegates (dealers), or via other legal means, subject to public or private law as applicable. These services constitute public benefits intended to cover needs of community interest.

2. Classifications of Public Services

Public services are classified based on several criteria:

Essential vs. Nonessential

• Essential: These are services whose non-provision would threaten the existence of the state (e.g., police, education, health).
• Nonessential: These

Definition

Dismissal is a court decision indicating insufficient grounds to proceed with a trial, thus avoiding unnecessary proceedings. It can occur at the intermediate stage or during the opening phase, leading to either termination or suspension of the process.

Types of Dismissal

Free Dismissal (Art. 637 LECrim)

This court order is issued when there's no possibility of charges, resulting in premature and final termination with res judicata effect. Reasons include:

• No reasonable suspicion of the accused committing the crime.
• The act isn't a criminal offense (leading to a procedural change, not termination).
• Defendants are immune from liability (due to non-participation or exemption under Art. 20 CP).

Provisional Dismissal (Art. 641 LECrim)

Issued...

Guarantees of Obligation

Guarantees of obligation are established mechanisms for the creditor through which they secure or ensure compliance with a specific action.

Personal Guarantees

These consist of conduct committed by the debtor or a third party to ensure and strengthen compliance with the provision that the debtor has undertaken to perform.

Penal Clause or Provision

This is a new behavior that the debtor is obligated to perform if they do not meet the agreed performance, as governed by Article 1152 of the Civil Code and following sections. For example, delivering a specific item on a certain date, and if late, paying a specific amount of money per day or week.

It constitutes a new obligation which serves as an ancillary obligation.

Bonds and

International Payment Methods

Available options include: Cheque, Bank Transfer, International Remittance, and International Documentary Credit.

1. The Bank Cheque: Concept and Economic Function

The cheque serves as a mandate for payment. It is payable on demand and acts as a non-credit means of payment that prevents the immediate release of cash into the market. The issuing institution must be a credit institution where funds are held.

Cheque Classifications

• Nominative Cheque: Payment mandate in favor of a specific person.
• Bearer Cheque: Payable to the bearer at the time of filing.

Key Terminology

• LDOR (Drawer): The originator of the payment and holder of the funds.
• LDO (Drawee): The financial institution holding the drawer's funds.

Advantages and Disadvantages

• For

Lesson 1: Historical Background

The Industrial Revolution and the Social Question

Since the advent of humanity, work has evolved alongside civilization. The oldest known record is the Code of Hammurabi (2000 BC). In Ancient Greece, Solon introduced social reforms to regulate work, while Roman imperial jurists established the conductio operis locatio and conductio operarum locatio, which heavily influenced the modern employment contract. Medieval and early modern law, however, failed to protect the worker.

The Industrial Revolution and the Social Question

The small-scale workshop model of the Middle Ages became inadequate due to limited resources and technical constraints. To meet rising demand, two major events converged: the French Revolution...