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

1. Norm Ordination: Static Perspective

The Principle of Norm Hierarchy

According to Article 9.3 of the Constitution, which guarantees the principle of legality and the hierarchy of norms, this is reflected in Article 3.2 of the Statute, Article 85.1 (regarding collective agreements), and Article 3.4 of the Statute (concerning uses and customs).

Principle of Primacy (Article 95)

In Spain, the Constitution allows international treaties to be concluded only when they do not contradict the Constitution. Regarding domestic law, both the Constitution and international legislation hold superior hierarchy over internal regulations.

2. Norm Ordination: Dynamic Perspective

Non-Confrontational Concurrency

Complementarity and Minimum Standards

This refers to minimum...

Crimes Against Honor

Title 11 of Book 2

The first two chapters refer to slander and insults, keeping a parallel structure. The last chapter includes a number of general provisions. Honor has traditionally been a legal right deeply rooted in our system, and this constitution recognizes it as a fundamental right.

Slander

It can be interpreted that aggravated slander is a form of *injurias*. According to Article 205, slander is the imputation of a crime made with knowledge of its falsity or reckless disregard for the truth. It is a form of injury sustained in the most serious of the charges that are made.

Classes of Slander:

• With advertising: That is, they have been released. Prison sentence of 6 months to 2 years or a fine of 6 to 24 months. The reason

The Concept of Private Autonomy

Private autonomy can be conceived as the sphere of power that the law confers on individuals to self-regulate their own interests, namely, the power each individual possesses to create, modify, or terminate legal relations.

Private autonomy is enshrined in Article 1255 of the Civil Code (CC), which states that:

Contracting parties may establish the covenants, terms, or conditions as they see fit, provided that they are not contrary to law, morals, and public order.

Furthermore, Article 1091 of the CC shows that:

The obligations arising from contracts have the force of law between the contracting parties and must be met in accordance with their terms.

Limits of Private Autonomy

The limits imposed upon private autonomy...

Article 43: The Right to Life and State Protection

The right to life is inviolable. The law does not condemn you to death, and no authority can take it away. The government guarantees the physical integrity of any person who is deprived of liberty, with the military or civil service obligated to protect them.

Article 44: Fundamental Right to Freedom and Due Process

The right to freedom is inviolable, considering the following provisions:

1. No person shall be deprived of liberty without a warrant of arrest, unless that person is caught in flagrante delicto (in the act). This person must be presented before a judicial body within 48 hours. Freedom will be judged promptly.
2. All persons deprived of liberty have the right to communicate with their family,

Tax Case Studies in Peru

Case 1: Tax Liability on Advance Payment

CASE: The SAC Llaque Company, dedicated to the marketing of clothing, dated January 15, 2009, received in advance from its client, Ms. Miluska Briones, the amount of S/. 20,000 corresponding to a purchase order for a batch of goods whose value is S/. 80,000 plus IGV. Such goods will be delivered in 30 calendar days, and the balance of the transaction will be canceled upon delivery. When is the tax liability incurred in this transaction?

Solution

SOLUTION: For the amount that is received. Thus, in the present case, receiving as an advance the sum of S/. 20,000 for an operation for which property has not yet been transferred, the tax liability will arise in January 2009, but only for...

Non-Contributory Disability Pensions

The non-contributory disability pension is intended for individuals with permanent physical or psychic deficiencies, whether congenital or acquired, that limit their sensory, motor, or mental capacity.

Eligibility Requirements

• Age: Must be at least 18 and under 65 years old at the time of application.
• Residency: Must legally reside in Spanish territory for at least 5 years, including the two years immediately preceding the application.
• Disability: Must be affected by a disability or chronic illness with a degree of 65% or higher.
• Income: Must lack sufficient income or resources.

Income Limits

The income requirement is calculated annually (January to December):

• General Limit: For individuals not belonging to a family

CRJU150 Criminal Justice Exam Summary

Sources of Law:

Legislation

• Law made by Parliament: Also called statutes or Acts.
• Primary source of law.

Case Law (Common Law)

• Law developed through court decisions.
• Primary source of law.
• Creates precedent.

Parliament vs. Courts

Parliament: Makes law.

Courts:

• Interpret law.
• Apply law.
• Develop common law.

If legislation conflicts with common law, legislation prevails.

Criminal Law Categories

Substantive Law: Defines offences and penalties.

Examples:

• Crimes Act 1961
• Misuse of Drugs Act 1975

Procedural Law

Rules governing the legal process.

Examples:

• Arrest
• Bail
• Trial procedure

Case Analysis and Anatomy

Parties

Who is involved? (e.g., Kinney v Police)

Court Hierarchy

• Supreme Court
• Court of Appeal
• High Court
• District Court

Judge

Who decided...

China's Contradictory Stance on Human Rights

The current situation in China is well-known for its challenging legal position, which significantly affects its citizens and their human rights. While considered an advanced country in technology and environmental development, its society is unexpectedly bound by old and retrograde legislation.

A 2019 Human Rights World Report demonstrated China's issues with its political operations concerning human rights violations.

Key Human Rights Violations

Freedom of Expression and Censorship

One of the most fundamental human rights is the freedom of expression. In China, journalists, activists, lawyers, and academics have been persecuted for exercising their right to freedom of speech. This harassment is directed...

What Is a Contract?

A contract is an agreement of wills between two or more persons, by which one or more of them consent to be bound to another or others to give something or provide a service. The essence of the contract is the agreement of wills; without it, there is neither a contract nor the obligations derived from it. This agreement requires two key elements: offer and acceptance.

Essential Elements of a Contract

A contract is only valid when the following requirements concur:

• Consent of the contracting parties.
• A certain object which is the subject matter of the agreement.
• The cause of the obligation established.

A. Consent

Consent is the meeting of offer and acceptance, which entails the birth of the contract. However, consent may be defective...

Introduction to Criminal Law

Key Definitions

Traffic Infraction: Any offense defined as a "traffic infraction."

Misdemeanor: An offense, other than a traffic infraction, punishable by a sentence of 15 days to less than one year.

Violation: An offense, other than a traffic infraction, punishable by a sentence of less than 15 days.

Act: Bodily movement.

Omissions: A form of actus reus. This could include failing to warn others about a dangerous situation you created (e.g., not feeding an infant left in your care).

Actus Reus: Commonly defined as a criminal act resulting from voluntary bodily movement.

Sources of Law

1. Constitution: Identifies basic rights and obligations.
2. Statute: A law passed by a legislature (federal/state).
3. Case Law: Law established by