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

Social Uses of Law

Self-regulation is imposed on an individual's public behavior to gain social acceptance within their operating human group, also known as rules of social intercourse.

Theories on Social Uses

Giorgio Vecchio's Perspective

This author states that social conventions are not a special kind of rules, and therefore, they do not entitle anyone to demand the observance of obligations.

Stammler's View on Social Practices

This author states that social practices are part of morality, which influences individuals to observe certain behaviors, contrasting with the enforcement posed by law.

Kelsen on Social Rules vs. Law

This author states that the rules of social use differ from law because there is no coercion for compliance.

Social Use vs.

What is a Contract?

A Contract is a basic pillar of the economy. Through it, the sharing and distribution of goods and services are made. The parties do so freely and voluntarily. It is an agreement of wills between two or more persons designed to create obligations between them.

Key Elements of a Contract

• Consent: Is the common wish of the parties.
• Purpose: The object or subject matter upon which the contract lies.
• Cause: Is the justification for the obligations of the parties to the contract. Without cause, there is no contract.

Types of Contracts

• Typical: Have legal regulation.
• Atypical: Without specific legal regulation.
• Unilateral: Only obligations for one party.
• Bilateral: Obligations for both parties.
• Onerous (Costly): Both parties seek a benefit.

Introduction to the Legal Concept of 'Type'

The concept of 'type' is broadly considered as the sum of all its constituent elements, a concept to which reference is made in legal theory. Ernst von Beling alludes to the word 'type' in the general sense of law as the set of all presuppositions whose existence is tied to a legal consequence. Article 19 outlines elements of crimes.

Beling's Structural Analysis of Crime Types

Beling's structure for understanding crime types includes:

• Type of crime (criminal figure): The specific definition of the offense.
• Legality: The leading legal principle.
• Type of lawfulness: Identified by unlawful acts referred to a particular figure.
• Type of guilt: The specific intent required by a figure.
• Typical alignment: The relationship

Expropriation

Expropriation is a singular public imperative affecting private property. It involves the forced transfer of ownership, sale, exchange, or temporary occupation of private property by reason of public utility or social interest, with monetary compensation or damages provided.

Constitutional Guarantees

• There must be a cause of public utility or social interest.
• Adequate financial consideration or compensation must be provided.
• The procedure must be performed according to the laws.

Subjects Involved in Expropriation

• Expropriating Administration: The State, province, or municipality.
• Beneficiaries: Those who benefit from the public utility or social interest project for which the property is acquired. This can be the administration itself

Hart's Theory: Order Sum Rules

Hart's theory distinguishes between primary and secondary rules. The first organized secondary rule gives unity. Recognition determines the characteristics that a standard should have to be considered as such. This is manifested in the everyday activity of judges.

Pre-existing Questions and Circularity

There are no problems with the circularity of the rule. To know who the judges are, one needs to know the rule of award, and this requires unity of the rule of recognition.

Plurality of Rules

It is not clear whether there are one or several rules. Principles are not identified, but are instead identified by axiological values.

Consistency

Consistency is the absence of antinomies, where two norms regulating the same course...

Theft (Art. 234)

Theft involves taking movable property without the owner's consent, with the intent of unlawful gain. The legal benefit protected is the owner's right to possess and enjoy their property.

Penalty: 6 months to 1 year and 18 months imprisonment if the value of the stolen property exceeds 300.

Elements of Theft:

• Ajenity: The property must belong to another person.
• Seizure of Movable Property: This applies to property that can be moved. If there is more than one owner, it may be considered misappropriation.
• Without Owner's Consent: The act must be done without the owner's will.
• Prior Consent: Consent must be valid and given prior to the act, or effective only after the liability is established.
• Intent of Gain (Lucro): This refers to the

English Conditional Sentences

Conditional Sentences:

Type 1: Present Simple + Future Simple

This conditional expresses a condition that is likely to occur. The structure is: if + present simple, future simple. This indicates that if the condition is met, the result will happen. You can also use modal verbs or imperatives in the result clause.

Example: If I feel better later, we will go shopping together.

Type 2: Past Simple + Would + Verb

This type expresses hypothetical conditions referring to the present, which are unlikely to occur. Could and might can also be used.

Example: I would read more books if I had spare time.

Type 3: Past Perfect + Would Have + Past Participle

This conditional refers to something impossible in the past that cannot be changed....

Legal Status and Capacity to Act

An individual possesses a natural ability to act that evolves with age. Colloquially, this is referred to as being a mature or immature individual. Its development depends on social circumstances, such as family and education. However, full mental maturity is generally reached by all individuals at a certain age.

The law takes into account this capacity to act, distinguishing between legal capacity and capacity to act.

• Legal Capacity: This is the capacity to have rights and obligations. All individuals possess legal capacity simply by existing.
• Capacity to Act: This is the ability to exercise those rights and fulfill obligations. It is acquired at a certain age, when it is socially accepted that an individual has

White-Collar Crime: Definition and Context

White-collar crime cannot be understood only by looking at the illegal act. It refers to crimes committed from positions of social and economic power, usually within organizational or corporate contexts. What defines these crimes is not only illegality, but the status of the offender, their access to power, and the abuse of trust and authority involved. According to Sutherland, white-collar crime differs from street crime because it is embedded in legitimate institutions.

Survival-Based Crime vs Elite Crime

The main difference between survival-based crime and elite crime lies in motivation. Survival-based crime is motivated by necessity or subsistence, while elite crime is motivated by profit, advantage,

What is a Profession?

Definitions and Traits

What is the difference between a profession and an ordinary job? Here are some key definitions and traits:

• Dictionary Definition: According to Littrich & Murray, citing the Oxford English Dictionary, a profession is “a vocation or calling, especially one that involves some branch of advanced science or learning.”
• Common Traits (Millerson in Littrich & Murray):
  • Skill based on a body of theoretical knowledge.
  • Provision of training and education.
  • Testing competence prior to entrance.
  • Organisation.
  • A code of ethics.
  • An ethos of altruistic service.
  • Selflessness.
• Dal Pont’s Common Attributes of a Profession:
  • Special skill and learning.
  • Public service.
  • Differentiates from other professions.
  • Self-regulation