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

Parliamentary Monarchy

The parliamentary monarchy, as defined in Article 1.3 of the Spanish Constitution (CE), refers to the form of government rather than the form of state. One of the most important historical merits of King Juan Carlos I was returning sovereignty to the people and defending the manifestation of his power base. Furthermore, the expression in Article 1.3 CE is regarded as a fundamental part of the form of government, not a full description of the state itself. This system is characterized by the separation of government functions and the responsibility of the government to Parliament.

Electoral Roll

The electoral roll is the primary administrative tool for suffrage. The LOREG defines it as a public record containing the details...

Understanding Constitutional Allegations

Constitutional allegations spanning two decades have been marked by intense confrontations, impacting all sectors and leading to unexpected political outcomes.

The Constitutional Accusation (AC) Mechanism

The Constitutional Accusation (AC) serves as a control mechanism for official acts of irresponsibility or irregularities in public functions. While the AC is a vital tool, it is not always the most appropriate procedure, as constitutional responsibility may also fall under criminal or administrative law.

Bases for Impeachment Offenses

• Impeachment offenses are explicitly detailed in Article 52 of the Constitution.

Performance and Inter-Branch Relations

• Parliamentarism necessitates immediate cooperation between

33) Framework Law (Concept)

Article 150.1 of the Spanish Constitution. They are rules made by some or all of the CCAA (Autonomous Communities) on matters of state jurisdiction, within the framework of the principles, bases and guidelines set by state law. Without prejudice to the jurisdiction of the courts, each enabling act will set the mode of parliamentary control over this legislation in the CCAA.

They relate to matters of state competence that can be delegated to one or all the Autonomous Communities.

34) Delegated Law (Concept)

Article 150.2 of the Spanish Constitution. These are laws passed by the State to transfer or delegate to the CCAA (Autonomous Communities) powers over state matters which by their very nature can be transferred or...

Chapter II: Custody

Section One: General Provisions

Article 347: Definition of Parental Rights

Parental rights mean all rights and duties of parents in relation to children who have not attained their majority, which pertains to the care, development, and education of children.

Article 348: Content of Parental Authority

Parental authority includes guardianship, the representation, and the administration of property of children subject to it.

Article 349: Authority During Marriage

Parental authority over the children belongs to the father and mother during the marriage, and the same is exercised jointly, primarily in the interest and welfare of the children. In case of disagreement over what is required in the interest of children, parents should be...

T-1 - BUDGET MATERIAL: THE MEDIA AND CONFLICT RESOLUTION The primary function of the courts and the courts is to resolve definitively, and by applying the law, disputes brought before them. The material budget of the jurisdiction, it is the conflict, which, according to their nature, can be: - Intersubjective. Arises as a result of the breach of any legal right, within the scope of private law and hold nature "available" .- Social. They are characterized by the violation of any right or interest that society has found worthy of protection, and is governed by rules of public law, so hold nature often "unavailable". The Court used to resolve conflicts through law enforcement material to match your nature. This judicial function, currently not...

Jurisprudence

Jurisprudence: "the criteria (doctrine) applied by the courts in their daily task of interpretation and application of existing law to disputes or conflicts brought to their attention." It is a set of statements and decisions handed down by state courts.

The case law plays a role secondary to the sources of law themselves and, at least formally, cannot be regarded as a source of law. Strictly speaking, case law is the consistent and uniform approach in applying the law by the Supreme Court as the supreme judicial body in most areas, except for provisions concerning constitutional guarantees.

Effectiveness

Jurisprudence is not legally considered a source of law because it does not create standards; therefore it is not listed among...

The Concept of Economic Constitution

The elements that define a state as social, with the exception of the fourth (exclusive to our country), are generally reflected following the Second World War.

The Economic Constitution is understood as part of the formal constitution, comprising items intended to regulate different aspects of the social state, such as fiscal measures and economic policies.

In our Constitution, this part holds great importance, mainly due to the significant influence of center-left forces during its creation. Consequently, the Economic Constitution in our country is quite broad.

In addition to the aforementioned problems of interpretation within the context of an economic crisis, the idea of a social state, and Spain's membership...

Types of Legal Representation

• Legal Representation: Addresses the assumption of minority and disability, where the individual lacks the capacity to act.
• Voluntary Representation: Requires the principal to possess the legal capacity to act and the authority to conduct the specific business.

Direct vs. Indirect Representation

• Direct Representation: The representative acts on behalf of the principal. The effects are borne by the represented party, whose identity is known.
• Indirect Representation: The representative acts in their own name. The effects are borne by the representative, and the identity of the represented party remains unknown.

The Mandate Contract

A mandate is a contract whereby one person (the principal) entrusts the management of one...

Background of the Opposition (Art. 30 LE)

For violations contained in the Expropriation Act. Expropriation should be total if the partial taking renders the property unusable or unsuitable for its intended uses.

The opposition may be made by the owner of the property or any other person having a property right therein. For these purposes, the trial will address ownership and real rights claimed over the res** subject to expropriation.

Trial Evidence (Arts. 29 and 30 LE)

Where the opposition concerning expropriation has been formulated in the answer, a joint evidentiary period of fifteen (15) days will open for the parties to seek and adduce the evidence they deem appropriate.

Case Relationship and Reports (Sec. 32 LE)

The valuation phase begins the...

Autonomy of Procedural Law

The Electoral Process: Autonomous Stages (Aftalion Vilanova)

Divisions of Autonomy

I. Legislative and Jurisdictional Autonomy

1. Through the issuance of electoral LGMIL.

II. Academic and Professional Perspective

This autonomy is evident through the generation of essays, monographs, conferences, and theses on electoral procedure for bachelor's, master's, and doctoral degrees.

III. Scientific Autonomy

1. It provides finality to acts not challenged within their respective districts, ensuring legal certainty and security.
2. Another purpose of electoral procedural law is to ensure that acts or resolutions of the authority are subject to the law.

Rules Governing Electoral Procedural Law

Electoral procedural law is governed by its own rules....