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

Legal Sources of Mercantile Law

• Law: Code of Commerce and special legislation.
• Mercantile Customs: Binding business practice generally observed in each city.
• Common Law: Civil law has application on a subsidiary basis.

The Reform of Current Commercial Law

Spanish commercial law has changed almost completely in the last 20 years: corporations, partnerships, competition, and insolvency all have new rules outside the Code of Commerce. These rules are so-called special legislation. A reform would mean that special legislation will be incorporated into the new Commercial Code.

Constitutional Distribution of Power

The Spanish Constitution drew a political and socioeconomic picture described as a "state of autonomies" to recognize a certain extent of autonomy...

The American Revolution (AR)

Key Events and Dates

• July 4, 1776: The 13 colonies declared independence. Thomas Jefferson wrote the declaration.
• The war lasted until September 3, 1783.

The Boston Tea Party Context

Factors leading to the Boston Tea Party included:

• King George III and British policies.
• Imposition of taxes without representation.
• Desire for self-government and representative rule.
• Concerns over profit and trade control.

The 13 Colonies

Virginia, New Jersey, New York, Massachusetts, Pennsylvania, Maryland (and others).

The French Revolution (FR)

Causes and Early Events

In 1789, Louis XVI spent a lot of money on wars and consequently demanded high taxes from the populace.

• May 5, 1789: The Estates General met.
• July 14, 1789: The Storming of the Bastille.

The Statute of Autonomy: Regional Legal Framework

The Statute of Autonomy (EA) serves as the basic institutional norm for each of the regions. It fulfills several critical functions:

• Creating the Autonomous Community (CA).
• Defining the territorial state model.
• Defining the organs of the Autonomous Community and establishing their jurisdiction.

Legal Nature of the Statute of Autonomy

Formally, the Statute is a State Organic Law (LO), yet it possesses unique characteristics that distinguish it from standard legislation:

• The Initiative: Unlike other Organic Laws, the initiative involves the specific territories that wish to form an Autonomous Community, rather than starting as a standard draft or bill.
• The Procedure: The development process is distinct,

Understanding Legal Standards

Standards, advertising standards, the non-retroactivity of punitive provisions unfavorable or restrictive of individual rights, legal certainty, accountability, and prohibition of arbitrary action by public authorities.

The EC prohibits retroactivity of punitive provisions unfavorable or restrictive of rights, so that you cannot post a rule harmful to citizens in situations that have already happened.

Article 2 CP: "1. There is no crime punished with a penalty or lack who is not prescribed by law prior to its commission. Will lack, also backdated laws to establish security measures. 2. However, those laws shall have retroactive effect to favor the criminal defendant, but upon entry into force have been decided and...

Understanding the Guarantee of Rights

The guarantee of rights is a fundamental aspect of any political system. Different models approach this crucial task with distinct philosophies and structures.

The British Model of Rights Guarantee

In the traditional British model, the guarantee of rights is primarily resolved through:

• The **priority of the judiciary**.
• The **role of the legislature**.

The French Revolutionary Experience

In contrast to the British model, the French Revolution's experience with rights and freedoms was profoundly shaped by its historicist character. The Revolution *could not and would not* grant a major guarantor role to judges.

Rejecting Judicial Guarantors

This stance stemmed from the historical experience of the absolute state,...

The Role of Magistrates and Jurisprudence

Specific formulas for each situation, rather than the law itself, dictated the solution in each case. Consequently, the jurisprudence of the magistrates was completely independent of laws and became an immediate source of law.

In the second century AD, the magistrates completed their task of renewing the old ius civile. The Perpetuum Edictum encoded praetorian law actions.

Case-Law and Creative Legal Solutions

The legal system gained a case-law character that encouraged a very narrow investigation of justice in specific cases. The timing of the resolution of cases was highly creative, since the law did not limit the magistrate, who enjoyed relative freedom to imagine solutions for every situation.

This led...

Formal Institutional and Public Writing

These documents are addressed to procedures related to public institutions. They are official and governed by specific rules regarding their wording and format. These may include the following:

• Note

  Texts similar to letters, used for requesting or reporting information. In some cases, they serve as a courtesy. These documents are read, answered by third parties, and filed in folders.

• Reporting

  Contains detailed information about a specific activity or event.

• Public Documents and Official Publications

  Documents issued by government entities that report on matters of general interest.

• Technical Writing

  Documents adhering to the formal requirements of a specific specialty or field.

• Forms

  Printed texts used to collect

Constitutional Framework: Types of Laws

Framework Laws

Framework laws establish general statewide competition rules. They may grant autonomous communities the power to legislate within specific principles and bases established by the state. These are ordinary laws enacted by general courts, not shared competencies. The act sets specific limits that must remain within the foundational principles of the framework law. The Constitution defines court jurisdiction, which is subject to control by the Constitutional Court.

Organic Laws of Delegation and Transfer

These are basic laws through which the state can attribute the power to legislate on matters within its jurisdiction to autonomous communities. While the state retains ownership—allowing it...

This document outlines key periods and legislative changes in 19th-century Spanish politics, beginning with the foundational work of the Cortes of Cadiz.

The Courts of Cadiz and the 1812 Constitution

Convened during a period of national crisis, the Cortes of Cadiz drafted a constitution that aimed to reform the old regime. Key aspects of the final text adopted in 1812 included:

• Sovereignty: Resides in the Nation.
• Division of Powers:
  • Legislative: Resides in the Cortes with the King, who can sanction and veto legislation. The Cortes are unicameral.
  • Executive: The King, assisted by secretaries who are accountable to the Cortes. The King has important limitations (orders must be validated by the signature of the Minister, cannot dissolve the Cortes,

Understanding Human Rights: Dimensions and Legal Frameworks

Defining Fundamental Human Rights

Human rights are those freedoms or powers inherent to any person simply because of their human condition, guaranteeing an inalienable dignity and life. Human rights can be analyzed from the following dimensions:

1. The Social Struggles: This dimension includes the fight of citizens to win political rights (e.g., during the Franco dictatorship), the struggles of indigenous peoples against multinational logging companies, or the fight for racial equality (e.g., in America and South Africa). Conversely, massacres caused by groups like the Nazis against Slavs, Jews, and homosexuals are tragic examples of human rights violations.
2. Philosophical Theories and Doctrines: