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

The Invalidity of Administrative Acts

A) The Theory of Invalidity in Administrative Law

When an act is null and void (absolute invalidity), it possesses inherent, immediate, ipso jure, and general inefficiency, along with an inability to be confirmed by the person concerned. This inefficiency means the act is deemed invalid from the moment it was issued (ex tunc), ipso jure, and without the need for judicial intervention, although an appeal may sometimes be necessary for a judge to formally declare the nullity.

The inefficiency has general effects, meaning anyone can initiate a procedure to annul the act, not just the directly affected party. This inefficiency does not expire or prescribe; a process to cancel the act can be initiated at any time....

Research Instruments in Judicial Inquiries: Measures Limiting Fundamental Rights

For more effective prosecution of crimes, the law governing certain cases allows, under specific conditions, the use of investigative techniques through which the public can make a legitimate intrusion into the sphere of certain fundamental rights. These measures are reserved for judicial inquiry precisely because a judge's intervention ensures compliance with the requirements and limits of the interference. They are means of investigation to be carried out only during the investigation, used to determine the circumstances surrounding the facts. To use any of these means of investigation, a court order is constitutionally required, and there must be reason to believe...

The Mayor chairs the Corporation and holds the following responsibilities: (...)
9. The granting of licenses for manufacturing establishments (industrial, commercial, or otherwise) and building permits in general, unless the ordinance or sectoral laws expressly assign this to the Plenary or the Local Government Board.

It is, therefore, in principle, possible that the power to grant licenses applies to the Mayor, the Plenary, or the Local Government Board, according to the sectoral rules that govern it and its delegation.

Organization of Large Population Municipalities

In this context, it is important to note that, as stated in Title X of Law 7/1985 of April 2, Regulating the Bases of Local Government on the arrangements for the organization of...

T13: Principles of EU Law

1. Autonomy of EU Law

EU law is considered an autonomous legal order. While related to international and national law, it remains distinct and subject to its own internal logic.

• Van Gend en Loos (Case 26/62): The Court held that the EEC constitutes “a new legal order of international law” for the benefit of which States have limited their sovereign rights.
• Costa v Enel (Case 6/64): The Court stated that, by contrast with ordinary international treaties, the EEC Treaty created its own legal system.

2. Supremacy of EU Law

Although some EU Treaty articles impliedly require primacy, there is no express declaration of this principle in the Treaties. The logic for the supremacy of EU law was developed through the decisions...

4th Amendment: Search and Seizure

1. Search Analysis

A search occurs if there is government action and a Reasonable Expectation of Privacy (REOP). The test requires:

• Actual expectation of privacy.
• Expectation recognized as reasonable by society.

Included: Pen registers, trash, aerial surveillance, dog sniffs, and open fields.
Excluded: Thermal imaging and curtilage.

2. Standing

To challenge a search, one must have a legitimate expectation of privacy in the place searched. This typically includes homeowners and overnight guests (considering factors like keys, occupancy, and personal belongings). It generally excludes those present for only a few hours or for commercial purposes.

3. Warrant Requirements

A valid warrant requires Probable Cause (PC) and...

Chapter 1 Review: Understanding Risk

Key Risk Management Terms

Types of Risk

• Systemic Financial Risk: Risk that affects the entire economy or system, not just individuals.
• Risk: Uncertainty about a future outcome, particularly a negative one.
• Pure Risk: Risk with the possibility of loss but no chance of gain.
• Speculative Risk: Risk with the possibility of both gain and loss.
• Fundamental Risk: Risks that are pervasive to the whole economy, also known as "systemic" risk.
• Diversifiable Risks: Risks that can be mitigated by having a broad mix of risk exposures.

Risk Attitudes

• Risk Averse (Avoider): Prefers to avoid risks and seeks security.
• Risk Seeker (Taker): Enjoys taking risks.
• Risk Neutral: Preference lies between risk averse and risk seeker.

Risk Management

Adoption of Treaty Text

The adoption of a treaty text involves setting the text, with states indicating that the text reflects their intent. For multilateral treaties, the text is voted upon and approved, which constitutes the authentication of the treaty. At this stage, a state is not yet obligated but cannot act to deprive the treaty of its effectiveness.

Signature of Treaties

Signature marks the close of the negotiation stage. Generally, signature itself does not create an immediate obligation for a state to be bound by the treaty. However, a distinction must be made:

• Solemn Agreements: These require subsequent ratification for the treaty to become legally binding on the state.
• Agreements in Simplified Form: For these, signature serves two functions:

Actions and Characters:

• Equal Value: The shares will always be of equal value, expressed in Argentine currency.
• Different Kinds: The status can provide different kinds with different rights; within each class, all shares will carry the same rights. It is void otherwise.
• Individuality: The shares are indivisible.
• Joint Ownership: If there is joint ownership, condominium rules apply. The company may require unification of the representation to exercise the rights and fulfill social obligations.

Shares and Securities:

• Titles: Titles may represent one or more actions and be:
  • Bearer: The rights are acquired by mere possession.
  • Nominative Endorsed to the Order: Extended on behalf of a particular person and can be transmitted by endorsement.
  • Registered Non-

Essential Elements of a Contract

Vices of Consent:

• Error
• Violence
• Intimidation
• Fraud

Purpose Requirements:

• Legality
• Opportunity
• Determination

Types of Cause:

• Free (Gratuitous)
• Expensive (Onerous)
• Illicit

Contract Formation Stages

• Generation
• Perfection
• Consummation

Generation Stage Details

• Pre-contractual period
• Offer and acceptance

Contract Between Absent Parties (Theories)

• Broadcast (Declaration)
• Expedition (Sending)
• Cognition (Knowledge)
• Reception

Contract in Favor of a Third Party

A contract where the contractors, acting on their own behalf, stipulate that one party (the Promisor or Promitente) will provide a benefit in favor of a third party (the Beneficiary), who is a stranger to the contract stipulation imposed by the other contracting party (the Promisee or Estipulante)...

Essential Rights of Crime Victims

• Right to Notice: The right to advisement of the existence of crime victims’ rights and the right to advisement of specific events during the criminal justice process.
• Right to be Present: The victim can physically attend the criminal trial and other criminal justice proceedings related to the investigation, prosecution, and incarceration of his or her offender.
• Right to be Heard: The right to make an oral and/or written statement to the court at a criminal justice proceeding (Victim Impact Statement).
• Right to Reasonable Protection: The victim’s right to safety from the accused.
• Right to Restitution: Money paid by the offender to the victim for losses that the victim suffered as a result of the offender’s