Notes, summaries, assignments, exams, and exercises for Law for University

The Constitution of 1812 and the National Militia

The 1812 Constitution refers to the militia in Articles 362 to 365. Each province was to have a body of National Militia, composed of inhabitants of these provinces. It had police functions, dependent on local councils, often lacking coordination. This militia was separate from the regular army and composed of two branches: infantry and cavalry. The Constitution of 1812, which initiated the constitutional era, notably passed without a comprehensive declaration of rights and freedoms. This encouraged a trend, repeated over centuries, to enhance governmental administration against military influence. However, this was largely ineffective, as public order remained under military jurisdiction and...

Understanding Expropriation

Expropriation is an act of public law under which the State or an individual, after payment of compensation in an eminent domain case, acquires an estate. A case of this nature typically requires:

• A declaration of public utility or social interest.
• An agreement between the administration and the administered party.
• A fair price (just compensation).
• Payment of indemnities.

Processing and Basic Documentation

For a case of this nature, the processing and basic documentation include:

1. A base project, which must be ordered by a superior authority and written by a competent professional in the matter. The project should include:

   • A specification of the object to be achieved, with its location, enumeration, and analysis of alternatives.

New Scheme for Self-Employed Workers (Autonomous Workers)

A self-employed worker (autonomous worker) is defined as one who performs work independently and undertakes productive activity for themselves. From a labor standpoint, this person operates outside a traditional employment system but is covered by a special Social Security scheme that provides coverage and benefits comparable to those of employed workers.

Key Regulations and State Intervention

The scheme regulates the following aspects:

1. Within the state interventionist tendency, it establishes the public representation of the self-employed through The National Council of Self-Employed.
2. It establishes a distinction between two primary types of self-employed workers.

Distinguishing Types of

Physical Infrastructure

Physical Location: We will analyze the available space, access for equipment and personnel, power plants, thermal conditioning, and available security features.

Infrastructure

• Computers (Characteristics)
• Computer Platforms (Operating systems, available software, and application development)

Connectivity Infrastructure

• Equipment and Connectivity Resources
• Services Offered
• Population Served

Software Acquisition: 7 Main Factors

• Assign Staff
• Prepare Lists of Requirements
• Requisition for Proposals (RFP)
• Evaluate Alternatives
• Contact Users to Confirm
• Financing for the Acquisition
• Contract Negotiation

Considerations for Software and Hardware Acquisition

• Form an Assessment Team
• Take into Consideration all Requirements and Restrictions
• RFP

System

Administrative vs. Legal Acts: Key Differences

Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.

Elements of an Administrative Act

1. Unilateral expression of will
2. Issued by an administrative body
3. Enacted in the exercise of its administrative function
4. Intended to produce legal effects

What Makes an Act Solemn?

For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.

Principles Governing the Issuance of an Administrative Act

• Attribution rules and competition
• Procedure
• Reasons
• Purpose (Fin)
• Interdiction of arbitrariness
• Respect for the essential rights emanating

Who Does Not Apply to the Labor Code?

Article 23. This Code does not apply to directors, managers, administrators, and other executives of the company who, due to their representative character, the importance of their salaries, the nature of their work, and their technical ability, enjoy remarkable independence in their work. In all cases where elements of subordination predominate, the provisions of this Code shall apply.

Object of the Work Contract

Article 29. The contract referred to in this Title pertains to any work performed for and under external dependence, encompassing any service, whether material, intellectual, or mixed, provided under regulated conditions.

The following are not included in the contract regulation established by this...

Removal of Obstacles

Article 79

Administrative authorities or enforcement bodies within their jurisdiction are empowered to remove obstacles, construction, vehicles, or objects that are located, parked, presumed abandoned, or are held in public, in prohibited areas or places that hinder the normal development of vehicular and pedestrian circulation. The Rules of this Act shall establish the procedure to be followed in these cases.

Responsibility for Removal of Vehicles

Article 80

The power to remove vehicles parked by the Administration does not relieve responsibility for damage caused to them due to wrongful action in the operation completed. In any case, the administration, the owners of the trailer units, and their guarantors are jointly responsible...

Temporary Occupation by Force Majeure (Art. 59 LE)

In cases of force majeure or absolute necessity (fire, flood, earthquake, etc.), the state or municipality may temporarily occupy property. Compensation to the owner is due, considering the circumstances.

Transfer of Property During Expropriation (Art. 10 LE)

Property transfer during expropriation proceedings doesn't stop the process. The new owner assumes all obligations and rights of the previous owner. The real action is intent upon the good that is the case of expropriations, not interrupt the expropriation proceedings may not Prevent Its Effects

Release of Charges on Expropriated Property (Art. 11 LE)

No action can be taken on expropriated property after the expropriation judgment. Creditors...

Illicit Drug Trafficking

Legal Objectivity and Public Health

The primary legal objective is the protection of public health. The definition of illicit drugs is established by executive power, as outlined in Article 1.

Understanding Multiple Action Crimes

This is a crime of variable conduct, also known as a multiple-action offense. If an individual performs all the criminal actions described (e.g., buying, storing, and selling), they are charged with a single crime. This principle is also known as ante-factum or post-factum unpunishable acts, where preparatory or subsequent actions are absorbed into the main offense. For example, if a person arranges to buy drugs and pays after receiving them, it constitutes a single crime.

A driver who knowingly...

Legislative Decrees

According to Article 85 of the Spanish Constitution, legislative decrees are government regulations containing delegated legislation. For the government to issue a legislative decree, Parliament must authorize it through a law delegating the exercise of legislative power.

The Constitution permits the delegation of rule-making power, but only under specific circumstances and limitations. The government exercises delegated legislative power within the bounds authorized by Parliament.

Classes of Delegation

There are two classes of delegation according to their intention:

• Basic Law:

  This type of delegation aims to empower the government to create a new text of articles. Basic laws cannot be approved by Commission. They also cannot,