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

Commercial Transactions: Legal Foundations

Defining a Commercial Transaction

The definition of a commercial transaction is founded upon a special Commercial Code and typically combines two core elements:

1. Definition of a merchant
2. Definition of a commercial transaction

Commercial Transaction Definition: Germany and France

In certain countries—Germany, for example—the emphasis is placed on the definition of the merchant; in others, such as France, the emphasis is on that of the commercial transaction. This latter criterion, the so-called objective test, was adopted in the 19th century for ideological reasons, as the French wanted to avoid any repetition of the pre-Revolutionary differentiation of legal rules according to the social condition of...

Legal Spanish-English Vocabulary

This glossary lists common Spanish legal terms with their English equivalents, covering lawyers, courts, trials, and crimes.

Legal Professionals

• Abogado (Genérico): Lawyer (UK), attorney
• Abogado (Asesor legal): Solicitor
• Abogado (Que se dirige al juez): Barrister
• Abogado defensor: Defense counsel

Court Proceedings and Trials

• Absolver, absolución: To acquit, acquittal
• Acusación: Indictment
• Acusado: Defendant
• Apelación: Appeal
• Corte: Court
• Juicio: Trial
• Jurado: Jury
• Juramento: Oath
• Orden judicial: Court order
• Pleito: Court case
• Procesar: To prosecute
• Ser juzgado: To be tried
• Suprema Corte: High Court
• Tribunal de apelación: Appeal Court
• Declarar culpable: To convict
• Multar, multa: To fine, a fine
• Sentenciar a alguien a: To sentence

Athens and Sparta were the most important polis.

Athens: A New Political System

A new political system was established in Athens: a democracy or government by the people.

Institutions

• The Assembly: A meeting of the citizens where matters of interest were discussed and magistrates were appointed. Women, metics, and slaves were excluded.
• Boule: Their role was to draft the laws debated in the assembly and supervise the judges. Members were chosen by drawing lots.
• Judges: They applied the decisions made by the assembly. Appointed by the assembly for a year. Some were strategists, archons, and others were treasures who managed the resources.
• Supreme Courts: Their role was to deliver justice. Members were also chosen by drawing lots.

Sparta: An Oligarchy

Sparta...

Defining Torture in International Human Rights Law

The legal definition of torture in human rights law differs significantly from how the term is commonly used in the media or general conversation.

Article 1 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides the internationally agreed legal definition:

"Torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based

Main Taxation Principles

(Based on Article 31.1 of the Spanish Constitution)

• Equality
• Economic Capacity
• Generality
• Proportionality (Own the same, pay the same)
• Progressivity (Earn more, higher percentage)
• No Confiscation (Not allowed to pay nearly all; 75% might be too much)
• Legal Reserve (Created by law)

Tax Authorities

(Article 5 of the Spanish General Tax Law)

Encompass all public authorities that:

• Levy taxes
• Impose penalties
• Interpret tax law
• Review tax issues in economic-administrative disputes

Important Concepts in Taxation

• Retroactivity Principle: Tax laws do not benefit from it.
• Analogy: Prohibited to extend terms of taxable events, exemption, or other benefits.
• Abuse or Conflict of Tax Law: Occurs when taxes have been avoided or tax liability reduced

The Third Level of Regulations

The third level consists of the regulations that dictate the other members, ministers, and ministerial orders. Regulation 50/1997 states that the Crown can never violate the decrees of the council or chairman.

Pure and Proper Regulations

Regulations not issued by the government are parliamentary regulations, which are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they just share the same name.

Regulations of the General Council of the Judiciary

The General Council of the Judiciary establishes rights, duties, and performance standards for judges and magistrates. There is no separation of powers within the General Judicial Council.

Individuals

Matters Regulated by Statute

Statutory law can regulate and influence any matter, provided it adheres to the criteria of the Constitution and the will of the legislator. However, the power of regulations is more limited, as certain matters are exclusively reserved for statutory law. The scope of a regulation is therefore subordinate, covering what the law permits or has not already established.

Certain subjects are always excluded from regulations. For example, Law 50/1997 of November 27 states that regulations cannot govern matters reserved for statutory law, violate rules of that rank, or classify crimes, misdemeanors, and administrative violations. Furthermore, regulations cannot establish taxes. These areas cannot be defined by regulation...

- SENT TO CONGRESS FOR APPROVAL: What can Congress do with the decree law?

• Validated for the vote, it was ratified in favor, and the decree law is validated.

The government has a parliamentary majority; the decree law dictates knowing it has support in Parliament and therefore enters into force and is validated. The decree law was provisional and, subject to 30 days, becomes a final rule without changing its nature; it becomes law and is part of finalizing the OJ.

• Congress does not agree to derogation; the rate is negative because the decree cannot remain in force. The interim rule loses its validity and is repealed. Repeal would entail extraordinary problems, as it would be in force from 1 to 30 days maximum, and then would have been rejected

• A unified proposal is drafted, it takes a specific agreement on the text by both houses and from there each of them separately rate the final text.
• You vote in late October 1978 and obtained 325 votes of 350 possible, ie, 94%
• The last step to the text approved in both houses, is the referendum, on December 6, with 26 million voters, 67% participation, 87% affirmative votes, so that the text was approved.
• Then the text had to be enacted by the King, December 27 and published in the official languages ​​(Catalan, Castilian and Basque). It is published in the Official Gazette on 29 December 1978 and came into force on the day
• The courts that the EC had approved for his task are dissolved had ended, then ordinary legislative elections are