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

Three Fundamental Models of Policing

There are basically three core models of policing:

1. The Traditional Policing Model

This model is intimately linked to power, viewing the concept of public order as its main (almost unique) function. It is primarily concerned with maintaining order through law and reacts strongly to situations that pose a danger to the political regime.

• High Discretion: Officers possess a high level of discretion.
• Inhibition on Profit Crimes: Police may be inhibited regarding the commission of crimes looking for profit (often involving an offender-confidant relationship).
• Arrest Rationale: Arrests are made for multiple reasons, not necessarily to prosecute a crime (e.g., to punish a person or to gather information).

2. The Professional

Understanding Loan Agreements

Our Civil Code, in Book IV, Title X, regulates two types of loan contracts: bailment (commodatum) and the mutual loan contract. While the former transmits only the use of the borrowed item, the latter transfers ownership for consumption. Although Section 1740 provides a general provision for both, they are distinct legal entities that require differential study. Despite their differences, both contracts share common elements, specifically the delivery and subsequent return of the item received.

The Contract of Bailment

Bailment is a contract where a lender agrees to surrender an item to a borrower for free use, with the obligation to return it later. If the agreement is in writing, the contract is valid; otherwise,...

Legal Specialties of Exchange Contracts

Eviction and Loss of Exchanged Property

According to Article 1540: "He who loses by eviction the thing received in exchange may either recover what he gave in exchange or seek compensation for damages."

This means that if a party is deprived of the item by a final legal decision, they may:

• Recover what was given in return: This applies while the item remains in the possession of the other party, without prejudice to rights acquired in good faith by a third party (Art. 1540).
• Claim compensation for damages: The seller is obliged to respond under Articles 1475.2 and 1478.

Note that the item can only be recovered if it is still held by the other contracting party and has not been transferred to a third party....

The Police Model of Joseph Bonaparte

This model established the first Ministry of General Police, tasked with maintaining state security. It introduced Police Regulations governing the entry and movement of people in Madrid and created the General Police Inspectorate of Madrid to implement departmental directives.

• Urban Militias: Established to maintain public peace.
• Civic Militia: Created to protect persons, property, and ensure public order.

The 1812 Constitution and the National Militia

The National Militia consisted of non-professional staff, considered military personnel only while on duty, and operated under municipal authority. The 1812 Constitution mandated its installation in specific cities. Key characteristics included:

• Separation from

Legal Standing of Citizens Against Public Administration

Active Standing: Individual Rights and Interests

Individual rights may originate from the European Constitution, specific laws, regulations, or arise as effects of administrative or legal relationships between individuals.

Legitimate Interests

Jurisprudence has established criteria to determine the existence of a legitimate interest, specifically:

• Situations where administrative action causes harm or benefit.
• Individualizable situations not covered under subjective rights within administrative action.

Simple Interests

These are interests held by any party that do not grant the right to intervene in administrative proceedings or appeals aimed at controlling the legality of administrative action....

Administrative Procedure (Proc. Adm.)

The formal series of events in which specific administrative action is carried out to achieve a purpose.

Elements of the Administrative Procedure

1. Reaching administrative activity determined by fixing the alleged facts that the procedure should start from.
2. Participation of a plurality of subjects or organs that have a particular intervention in the administrative procedure.
3. Need to adopt certain forms of action.
4. Participation of people with the condition of different parties in the proceedings where the Administration is acting.

Purpose of Administrative Procedure

• Guarantee of Citizens: The administrative procedure serves as a guarantee against potential abuses by the Public Administration.
• Administrative Efficiency:

Organic Law Against Trafficking and Consumption of Drugs and Psychotropic Substances (LOCTICSEP)

Enacted on July 17, 1984.

Reforms Timeline

• September 30, 1993
• October 5, 2005 (LOCTISEP)
• October 26, 2005
• November 15, 2005
• December 16, 2005 (In force, GO No. 38,337)

Established Procedures

The law establishes two distinct procedures:

1. In the case of illicit use of narcotic and psychotropic substances.
2. In the case of crimes.

Note: With the entry into force of the CCP on July 1, 1999, the special criminal procedure for crimes established by the Drug Act was repealed (Art. 516 CCP).

Criminal Types

Unlawful Possession (Article 34 LOCTICSEP)

Definition: Whoever illegally possesses narcotic drugs, psychotropic substances, or mixtures/essential chemicals covered by...

Rescission of the Contract

Rescission is an exceptional and subsidiary measure. Article 1290 of the Civil Code states that validly concluded contracts can be terminated in cases provided by law. Furthermore, Article 1294 of the Civil Code provides that the termination action is secondary; it can only be exercised when the injured party has no other legal remedy to obtain damages. Nothing prevents this action from being exercised jointly with another, in the event that the latter is not successful.

Contracts Subject to Rescission

Article 1291 of the Civil Code defines the contracts subject to rescission, which include:

• a) Those that guardians cannot conclude without court approval, provided that the people they represent have been injured by more

I. Concept of Real Rights

Patrimonial Rights: Real Rights vs. Obligations

These rights possess an economic value and can be evaluated accordingly. A real right attaches to the holder, granting them authority over an object that everyone else must respect. It is always exercised over a specific thing.

Actions: In Rem vs. In Personam

• Rights in rem (Real Rights): These are actions directed toward the actual property. The owner may exercise an action against anyone in possession of the object.
• Rights in personam (Obligational Law): These actions are directed against a specific debtor. The creditor demands the fulfillment of a benefit from the debtor, rather than asserting a right over a thing.

Rating

Iura in re aliena

These are property rights held over...