Notes, summaries, assignments, exams, and exercises for Law for Primary education

MEMOIRS V. MASSACHUSETTS, 1966

1973 COURT GUIDELINES .351 abandoned requirement 'utterly without redeeming social value.'

New guidelines:

1. Whether the average person, applying contemporary community standards, would find the work, taken as a whole, appeals to prurient interest.
2. Whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law
3. Whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.

MODEL PENAL CODE – test based on review: material is obscene if its 'predominant appeal' to ordinary adults’ morbid interest in nudity, sex or excretion. .352

OBSCENITY AND THE INTERNET – Communications Decency Act of 1996 (CDA).

Reno v. ACLU,...

English Vocabulary: Society, Law and Crime

This list of English vocabulary with Spanish translations covers society, law, crime and common phrasal verbs.

Society and Politics

• appointment - cita
• authorities - autoridades
• bravery - valentía
• capitalism - capitalismo
• citizen - ciudadano
• citizenship - ciudadanía
• civil servant - funcionario
• colony - colonia
• community - comunidad
• custom - hábito
• employment - empleo
• freedom - libertad
• healthcare - asistencia médica
• household - gente
• law - ley
• majority - mayoría
• membership - afiliación
• monarchy - monarquía
• neighbourhood - vecindario
• ownership - propiedad
• population - población
• poverty - pobreza
• slavery - esclavitud
• socialism - socialismo
• society - sociedad
• taxation - impuestos
• tolerance - tolerancia
• wealth - riqueza
• welfare

The Council of National Government Ministers

The Council of national government ministers from each of the 28 member states. There are two ways for taking a decision:

1. Ordinary Procedure

In the ordinary procedure, the Council and the Parliament have to consider, amend, negotiate, and adopt EU legislation. The EU legislation is normally proposed by the Commission. If they reach agreement, they can adopt the legislation at first reading. If not, at the second reading, the two institutions still can not agree, a Conciliation Committee is convened.

2. Extraordinary Procedure

This procedure is used for a few specific cases: the consent procedure and the consultation procedure. Once adopted, they have to implement the EU legislation as a national law....

Legal Terminology and Concepts

Jurisdiction

1. D. Jurisdiction. 2. The ability of... A. In rem jurisdiction. 3. D. Plea. 4. D. Voir dire. 5. A. Preponderance. 6. B. Full Faith & credit clause 7. B. Morals. 8. C. mini trial 9. C.the court does not have jurisdiction because Dwayne did not travel to Ohio 10. D. invalid as being overly burdensome on the industry. 11. A. valid because ochonada had a history of saying similar phrases 12. D. none of the choices 13. A. Rendered invalid under the supremacy clause 14. A an unconstitutional restriction of speech 15. Tony... C. In rem jurisdiction 16. B. Rules 17. A. unilateral contract 18. C. rejected the offer and made a counteroffer 19. A. They have a binding contract for $100,000 20. B. enforceable...

1.5. Thesis of Constitutional Supremacy

The principle of constitutional supremacy is enshrined in Article 6 of the CPR. As a foundational pillar of institutional values and principles, the interpreter must prioritize this principle, always preferring the interpretation that best reconciles it with any other legal norm.

In accordance with the jurisprudence of the Constitutional Court, the analysis prior to the ratification of a treaty must:

• Favor the substance of the matters governed by both international and internal standards.
• Review whether any contradiction exists.

If such a contradiction exists, it must be resolved through legislative approval in accordance with the legal quorum established by the Constitution, giving preference to the interpretation

Conditions for the Validity of Legal Acts

What are the conditions of validity of the act? To be valid, an act requires:

1. One who is legally capable;
2. Consent to the act or statement where the consent is not vitiated;
3. Falling upon a lawful object;
4. Having a lawful cause.

The Cause of Administrative Acts

What is the cause of administrative acts? The causes of administrative acts are the motivations or reasons that the authority had to issue the act. According to Roberto Dromi, motivations "are the facts and law that led to the emanation of the act."

The Purpose of an Act

What is the purpose? The purpose of an act consists of the rights and obligations it creates, modifies, or terminates.

Validity in Administrative Action

Do you apply the conditions of validity

What is the power of an administrative rule?

The enforceability may be direct or indirect. It is direct when the authority has the power to require the police to compel compliance — what is often referred to as imperium or coercive authority.

What is retroactivity?

By retroactivity is understood that the act produces its effects in situations that occurred prior to its enactment, creating, modifying, or extinguishing rights recognized from a time before its entry into force.

What is the principle of conservation?

The principle of conservation means that if an event is open to various interpretations, preference is given to those interpretations in which the act remains valid. When an administrative act has a defect that does not affect its essence,...

Understanding Regulations

A regulation is an ordered set of rules or precepts concerning a particular matter. It is characterized by its non-exhaustive compliance, meaning it provides a framework rather than an exhaustive list of actions.

Regulation as an Administrative Act

In legal literature, there is discussion on whether a regulation is an administrative act in the strict sense. Some argue it denotes statutory authority to exercise a legislative power, rather than a purely administrative activity, and can even be considered an act of government. However, the formalities and procedures for promulgating a regulation are often the same as those required for issuing a decision or decree with special effects. Under Chilean law, regulations are...

Spanish Viceroyalties and Governance Structure

The Viceroyalties

• The Viceroyalty of New Spain: Founded in 1535, it comprised the entire Central American isthmus north of Panama, the Caribbean, Florida, Mexico, and the southwestern United States. Its capital was Mexico City, built on the ruins of Tenochtitlan.
• The Viceroyalty of Peru: Established in 1542, it extended south of the Isthmus of Panama and included all of South America, except for the coast of Venezuela and territories granted to Portugal by the Treaty of Tordesillas. Its capital was Lima, founded in 1535 by Francisco Pizarro.

The political-administrative system established by Charles V provided for two main authorities: the metropolitan authorities residing in Spain, and the local authorities...

Personal Safety and Civil Defense

In an era where crime rates remain unpredictable, the question of whether civilians should carry weapons for self-defense has sparked intense debate. While the idea of permitting firearms often raises valid concerns, allowing individuals to carry non-lethal defense tools under strict legal frameworks is a necessary measure for personal protection.

The Case for Non-Lethal Defense Options

Having considered the increasing threats in urban environments, citizens deserve the right to defend themselves effectively when state protection is out of reach. However, this right should not extend to lethal firearms without strict limitations. Instead, civilians ought to be permitted to carry non-lethal weapons, such as:

• Pepper