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

Methods for Establishing Labor Standards

To establish labor standards, there are three primary methods:

• Unilateral Union Regulation: The unions make their own rules, specifying the terms under which their members can access and take up employment.
• Collective Bargaining: Unions negotiate agreements with employers regarding the implementation of joint standards.
• Legal Regulation: The influence of trade unions in parliament to enact statutory rules.

Evolution of Union Strength and Industrial Action

During the era of the Webbs, legal regulation was virtually nonexistent. Unions had to develop their strength through affiliates in the labor market and business sectors. Direct negotiation and mobilization, as well as the defense of craft traditions, were...

Procurement Manual: Departmental Standards

This official manual provides a clear definition of objectives, structure, procedures, functions, responsibilities, and delegated authority for the performance of commissioned work.

Parts of the Procurement Manual

• The Procurement Process: Purchasing systems, order placement, purchase frequency, quantity calculation, filing, monitoring, and settlement.
• Reception of Goods: Order collation against bills, discrepancy handling, records, storage, and labeling.
• Revivals: Calculation, frequency, system control, and exposure systems.
• Buying File: Supplier books, ordering books, and receipt archives.
• Inventory: Inventory frequency systems and documentation.

Key Procurement Terminology

• Requisition: A formal permit issued

Expert: A specialist who works with the judge in the investigation of fact. Legally authorized to give their opinion.

Demand for Expertise

The demand for expertise occurs when the act of the subject of the cause cannot be fully signified from the registration of legal discourse, where their conduct raises questions or presents gaps in signification that cannot be answered from the law alone. It is in this space, where the gap appears, that the expert psychologist is needed to speak more about subjectivity and individuality.

Points of Expertise

Expertise carves out a space not included in the process of developing legal truth. The demand for expertise produces a space of psychological interrogation.

• Psychological Subjectivity: To say psychic subjectivity.

Economic Activity Organization

Company: Economic activity organized. Requirements: Headquarters staff, technical knowledge, and seeking profits. Brazilian law stipulates that anyone can be an entrepreneur, preventing those who are bankrupt, insane, incompetent, minors, public officials, and military personnel on active duty. A minor may engage in business if it is an inheritance.

Society (Partnership)

Two or more persons who come together to create an asset or business entity.

Simple Society (Sociedade Simples)

Subscription to the civil registry of legal entities is required. The Social Contract must detail:

• The partners' skills (parts)
• Location
• Object (purpose)
• Term
• Name
• Company capital
• Share of members
• Each member's service contribution
• Profit/loss distribution
• Administrator
• Responsibility

Dissolution

Criminal Law and the Legal Order

The starting point for the discussion of the role of criminal law takes place through binding structure or external standards. Criminal law, from an objective point of view, can be viewed as a set of rules comprising the legal system.

Formal and External Structure

Formal and external structure is established because of two elements: a legal premise (budget) and the consequence (e.g., crime and punishment).

Complete and Incomplete Criminal Laws

We witness complete criminal law when we appreciate both sides of the rule. We will always find criminal statutes that contain these two elements; however, we often encounter so-called incomplete criminal laws. This term refers to any rule where one of the two parts is missing....

Expropriation Process and Legal Framework

The expropriation process is defined by the specific purpose of the acquisition. The general purpose relates to specific future assumptions.

Procedure of Expropriation

• Statement of need for occupation
• Determination of fair price
  • Initial Offer
  • Leaves of appreciation
  • Provincial Expropriation Jury
• Payment
• Occupancy of the property

In the case of Autonomous Communities (CC.AA), urgent expropriation is permitted. The declaration of emergency implies the need for occupation. This is performed by the competent organ. The second step involves a prior deposit sheet (property valuation, justification, payment, and occupation), while the remaining parties determine the final appraisal. The final step is the occupation of...

Legal Capacity and Administrative Power

The private person has legal capacity when the agreement is needed to transfer legal consequences to other subjects. This is not imposed; it requires an agreement, arrangement, or public legal consent. Legal consequences need not be agreed upon with the state, but are purely imposed imperatives for unwilling recipients. It acts in the exercise of administrative law unilaterally.

Classification of Public Legal Administrations

When all factors—substrate, recognition of legal-administrative power, and the granting of territorial and institutional status—are present, public legal administrations can be divided into territorial and institutional categories.

Territorial Administrations

Territorial: The territory...

Understanding Spanish Autonomy and National Unity

Section 2: The unity of the nation is a fundamental fact, considered to exist prior to the Constitution and therefore unchangeable. Article 1.2 defines our sovereignty and national levels. This article is a remarkable and somewhat redundant expression of the tension between centralist, autonomist, and federalist forces. It is the only instance where the Constitution recognizes and guarantees the right of regions and nationalities to constitute themselves as Autonomous Communities. The Constitution manages the radical concept of a single nation, thus establishing a single state. This article is further developed by Title VIII, Chapter 3.

Article 143.1: Establishing Autonomous Communities

Article...

The Question of Unconstitutionality

Along with the recurso de inconstitucionalidad (r. of i.), the question of unconstitutionality (c. of i.) is the instrument envisaged in our Official Journal (OJ) for the control of the constitutionality of laws. It is regulated in Article 163 of the EC and Articles 35 et seq. of the Organic Law of the Constitutional Court (OLCC).

Subject and Scope

• Subject: The Judge.
• Re: The challenged law: its application to the use case and the validity upon which the ruling depends.

Initiation by the Court

According to Article 163 EC, when a court considers, within a process, that a regulation having the force of law applicable to the case, and whose validity depends on the decision, may be contrary to the Constitution, it...

Legal Nature of the Statute of Autonomy

The Statute follows the sui generis rule: it is a specific rule with a double dimension, serving as the basic principle of autonomy while simultaneously forming part of the State's legal order. Three fundamental aspects define its nature:

• The Statute is subject to the Constitution (CE).
• According to the CE, it must be approved by an Organic Law.
• It functions as a basic rule of the Autonomous Community (AC), imposing itself on other regional standards.

Jurisdiction Between the State and Autonomous Systems

The Spanish system features a variety of autonomous regimes. While the Constitution establishes mechanisms for the creation of Autonomous Communities (CCAA), the Statute defines the specific responsibilities...