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

Human Rights (DH)

DH: Freedoms and basic rights that every person has by the mere fact of being human and having dignity.

Characteristics

• Inherent
• Individual
• Universal
• Irrevocable
• Inalienable
• Inviolable
• Preferential in certain contexts

Iusnaturalism and Legal Positivism

Iusnaturalism: Human rights are a consequence of the nature of the person.

Legal positivism: Rights are granted by the lawafter careful consideration of what is best for peaceful coexistence.

Welfare State

Welfare state: Recognition of economic, social, and cultural rights in fundamental law.

Death Penalty and Abortion

Death penalty: Execution of a convicted person by the state as punishment for an offense specified in the legislation.

Abortion: An attempt on the life of the unborn.

Attacks on

Textual Communication Standards

A message must be complete, coherent, cohesive, and appropriate to the purpose of the communicative act.

Administrative Documents

• Minutes: A written document outlining what happened, discussed, or agreed upon at a meeting.
• Certificate: Official written confirmation of specific data.
• Circular: Internal communication distributed to members of an organized community.
• Contract: A document outlining the working conditions agreed upon by an employer and employee.
• Resume: A detailed exposition of a person's personal, academic, and professional history.
• Affidavit: A formal written affirmation regarding the validity of facts.
• Report: An orderly and detailed exposition of a subject relevant to the operation of a company or agency.

Understanding Real Rights and Property Law

Real rights create a direct and immediate relationship between a person and a thing. This enables the subject to exercise power over a good and is susceptible of being opposed to all (erga omnes). To differentiate, a personal right arises from a relationship between two subjects or persons, whereas a real right is formalized between a person and a thing. To every personal right corresponds a personal duty, whereas no specific obligation corresponds to real rights.

Enumeration of Real Rights

Real rights can only be created by law. The following are recognized as real rights:

• Domain (ownership)
• Condominium (co-ownership)
• Horizontal property
• Usufruct
• Use and habitation
• Active servitudes (easements)
• Mortgage
• Pledge
• Antichresis

Classification

Maria Concepcion Perez vs. Pedro Gomez

Regular Civil Trial

Necessary Divorce

File: 02/09

Initiation

C. First Judge of the Family

This

Maria Concepcion Perez, a Mexican adult, pointing to the address for service of notices as Calle 5 de Mayo no. 1897, Col. Delicias, in this city, respectfully appears to exhibit:

Hereby, I go to promote the incompetence of C. Chief Judge of the Family of First Instance by inhibiting, to hear the ordinary civil trial for necessary divorce that my husband, Pedro Gomez, has promoted against the undersigned.

I base my promotion on the following facts and legal arguments:

Facts

I. On the eighteenth day of March, two thousand five, I married the defendant under the regime of conjugal partnership, as credited with the certified...

Proof Agreed Ex Officio: Judicial Discretion in Criminal Procedure

The Adversarial Principle (Article 728 CPP)

According to Article 728 of the Code of Criminal Procedure (CPP), no evidence may be presented other than that proposed by the parties or witnesses examined as those covered in the lists submitted. This adherence is maintained under the principle of formality.

Exception to the Rule: Court-Ordered Evidence (Article 729 CPP)

Save as otherwise provided in Article 729 of the CPP, the Court is allowed to practice evidence not proposed by any party, provided that the Court considers it necessary for the testing of any facts that are the subject of the written qualifying.

Challenges to Impartiality

The entry into force of this article presents...

Legal Practices: Sources of Law

Sources of Law: Law, regulation, decree-law, local ordinance, legislative decree, directive, community regulation, custom, general principles of law, international treaty, Constitution.

Principle of Competence and Notification of Organic and Ordinary Laws

Principle of Competence: Each law has its competence and cannot invade the other's.

Hierarchy of Legal Sources

Hierarchy of Legal Sources:

1. Constitution
2. Law, regulation, custom, and general principles of law

Definitions

a) Formal Laws: All legislative provisions emanating from the legislative body.

b) Regulatory Provisions: Rules that are dictated by the government and have the force and value of law.

c) Executive Regulations: Those that develop and complement a law.

Hierarchy

Political and Legal Concepts

• Bill: A proposal submitted by the government to Congress for discussion and approval.
• Investiture: An act by which Congress, through a vote, shows confidence in a candidate for Prime Minister, who must then be appointed by the King.
• Irremovability: A status for judges or magistrates, meaning they cannot be separated, suspended, transferred, or retired from office, except for causes and guarantees provided by law.
• Political Pluralism: The principle that various parties and options are eligible to compete for political power, subject only to the respect for democratic legality.
• Legal Personality: The ability to acquire rights and incur obligations. This applies not only to individuals but also to entities such as municipalities.

Glossary of Latin Legal Terminology

• Ab Initio: From the beginning.
• Actus Reus: An act forbidden by criminal law.
• Ad Hoc: For this purpose.
• Ad Litem: Referring to the case at law.
• Affidavit: A witnessed, signed statement.
• Bona Fide: In good faith.
• Bona Vacantia: With no owner.
• Caveat: A warning.
• Caveat Emptor: The buyer is responsible for checking a purchase.
• Consensus Ad Idem: A real agreement to a contract by both parties.
• Corpus Delicti: The real proof a crime was committed.
• De Facto: Taken as a matter of fact, even though the legal status may not be certain; in fact.
• De Jure: A situation where the legal title is clear.
• De Novo: Starting again.
• Doli Capax / Doli Incapax: Capable or incapable of committing a crime.
• Et Alii: And others.
• Ex Gratia: A gift or

International Treaties and Community Law

Standards are not produced solely by domestic institutions. As members of the EU, we participate in the creation of law and standards that apply within our territory. These coexist with internal rules and international sources of law.

International Treaties

Concept

According to the Vienna Convention of May 23, 1969, an international treaty is an agreement in writing between states or other subjects of international law. It is governed by international law, whether embodied in a single document or multiple related instruments, regardless of its denomination.

Key characteristics include:

• Agreement: Requires consensus between states or international subjects.
• Independence: Operates independently of specific national

Decree Laws and Retroactive Legal Effects

• Once a decree is established as law, it may have a retroactive effect. If a decree-law contains a defect, it can be healed through subsequent legal validation.
• The decree-law operates within its specific field; ordinary law cannot infringe upon its scope. Retroactive effects serve as a mechanism for the initial repair of a decree. The law becomes retroactive upon the approval of the decree-law to resolve validity problems.

Constitutional Control of Decree Regulations

The Constitutional Court (TC) controls decree-laws as well as other regulations. Rules that function as laws or possess the force of law can be challenged in court. The TC must oversee the enabling budget to ensure it does not impinge on excluded...