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

Constitutional Justice: Control of Laws and the Court

Constitutional Justice

Our legal system provides a body of constitutional review. The Spanish Constitution (EC) is the highest court, monitored by a specific body whose function is to ensure no rule of the Legal Order (OJ) is contrary to the Constitution.

The EC is the highest norm of the system. Thus, it provides for a monitoring system or organ to enable the EC to impose on the rest of the rules. This body is the Constitutional Court.

Models of Constitutional Justice

• American System: Born with a constitution, the U.S. Constitution in 1787, currently in force.

There was the concern that all the rules of the system adequately adhere to them. It does not expressly provide for the control of constitutionality....

Understanding Business Entities and Legal Structures

Core Business Classifications

Businesses can be broadly categorized based on their primary activities:

• Industrial Companies: These entities produce consumer goods or capital goods by transforming raw materials into finished products.
• Commercial Businesses: Primarily involved in the buying and selling of goods.
• Service Providers: Companies that offer expertise, such as consultants, insurers, banks, and other professional services.

Company Registration and Legal Formalities

After registration with the Board of Trade, the social contract of a company must be referred to the Federal Revenue Service (for CNPJ registration), the State Secretariat of Finance (for state registration), and the Municipal...

Understanding Employee Compensation

Wages in Kind

This refers to salary paid to the employee in the form of products or services. Such payments cannot exceed 30% of the employee's total compensation.

Non-Wage Payments

These are payments not considered wages and include:

• Indemnities or Allowances: Received by the worker to cover costs incurred as a result of work activities.
• Social Security (SS) Benefits: Amounts received by the worker from the Social Security system.
• Allowances for Removal, Suspension, or Dismissal.

Deductions

These amounts decrease the wage received and represent mandatory contributions to Social Security (SS) and Personal Income Tax (PIT).

Social Security Procedures

The company has two main obligations towards the Social Security system:...

Understanding Suits of a Civil Nature

A suit of a civil nature refers to a legal dispute that involves a claim or question concerning civil rights. Common examples include:

• Property rights: Disputes related to the ownership, possession, or title of a property.
• Contractual disputes: Disputes arising from contracts, agreements, or obligations.
• Tortious claims: Claims for damages for wrongful acts, such as negligence or defamation.
• Personal rights: Disputes related to personal rights, such as marriage, divorce, or inheritance.

Exclusion of Civil Court Jurisdiction

The exclusion of a civil court's jurisdiction can be inferred in the following situations:

Express Bar

An express bar occurs in specific, stated circumstances:

• Statutory provisions: When a statute

Board of Directors: Purpose and Responsibilities

1) What is the purpose of the Board of Directors?
A group of people who jointly oversee the activities of a company.

Functions:

• They must represent the interests of the shareholders and the company.
• Decide whether shareholders receive dividends and, if so, how much they receive.
• Board members approve annual budgets.
• Support the CEO, whether appointed or hired.
• Board members hire and fire top executives.
• They decide on executive compensation.

Who Is in Charge of the Board?

2) Who is in charge of the Board of Directors?
Shareholders of a public company elect the members of the Board of Directors; the board's composition may vary depending on the type of business.

Who Reports to the Board?

3) Who reports to

Key Terms of the US Presidency and Executive Branch

1. Veto: The President rejects a bill.
2. Bureaucracy: Executive departments and agencies that enforce laws.
3. Executive Order: Presidential policy enacted without Congress.
4. Iron Triangle: Bureaucracy, Congress, and interest groups working together.
5. Policy Agenda: A set of issues the government is focused on.
6. Independent Regulatory Agency: Regulates specific economic sectors.
7. Independent Executive Agency: Like a cabinet, but with a narrower focus.
8. Line-item Veto: The President blocks specific provisions of a bill.
9. Executive Agreement: The President's agreement with another nation.
10. Executive Privilege: The President's right to withhold information.
11. Honeymoon Period: High presidential popularity immediately after

US v Haggar:

Types of Interest in Legal Claims

Interest in a legal matter can manifest in several ways:

• Personal Interest: When you are directly affected by the decision.
• Indirect Interest: For example, a neighbor affected by an expropriation order.
• Moral Interest.
• Material or Real Interest: When you are losing land or property.

In France, the concept of the "busy body" (someone without direct interest) is generally not permitted in legal challenges.

Evolving Citizen Participation

Courts now admit certain citizens or collectivities that do not possess a strictly personal interest in the claim:

• Example: An environmental issues group initiating a class action.
• Advantages: This results in only one claim and requires only one lawyer, leading to reduced costs.

Absence

History

• George Washington established a cabinet with four secretaries:
  • Secretary of State: Thomas Jefferson
  • Secretary of the Treasury: Alexander Hamilton
  • Secretary of War: Henry Knox
  • Attorney General: Edmund Randolph

National Level

• President: Head of State and Government, Commander in Chief.
• Vice President: Also elected by the people, serves as President of the Senate.
• Cabinet: Composed of 15 secretaries and the Vice President. Examples include the Secretary of State and the Secretary of the Treasury. All members are nominated by the President.

Agencies

• Secretaries of departments do not have rule-making power.
• US Agencies, on the other hand, have rule-making power.

Types of Agencies

1. Dependent Agencies: President → Cabinet → Agencies dependent on the

Regulation of Commercial Transactions in Civil Law Countries

1. The Rhodian Law

   This law stipulated that losses incurred by a sea captain while attempting to save the ship and cargo from peril must be shared proportionately by all cargo owners and by the ship owner. This rule was applied throughout the Mediterranean.

2. Athens

   A capitalist would lend money for a marine trading expedition. The loan was secured by the ship and cargo, but repayment of the capital and payment of interest were conditional on the ship’s safe return. The interest rate, ranging from 24 to 36 percent, was considerably beyond normal rates, reflecting the highly speculative risks involved. This transaction later developed into marine insurance.

3. The Romans

   1. Civil Law and Foreign