Judicial Power: Principles, Structure, and Spanish Courts
ITEM 10 – THE JUDICIARY
1. Concept of Judicial Power
Between the time of the creation of law and its implementation, there is an intermediate time in which it is necessary to determine whether the law applies or not to the specific case on which it is necessary to rule. Montesquieu, in his classic theory of separation of powers, considered the judiciary as a power other than the legislature and the executive.
Judicial power is the power to declare existing law through judgments, which ultimately conclude
Read MoreCommercial Purchase and Sale Agreements: Legal Framework
Item 9: Buying and Selling
The Buying and Selling Commercial Contract
In a purchase and sale agreement, one party is obliged to deliver a certain item, and the other party is obliged to pay a certain price in money or a sign representing it.
A) Regulation and Content
- A commercial purchase and sale will be a contract in which the buyer intends to resell the item for profit. It is necessary to know the buyer’s intention to qualify it. If the buyer is a merchant, it is easy to presume that when they buy
Understanding Criminal Sanctions and Sentencing in the US
Punishment and Sentencing: Goals of Criminal Sanctions in the United States
Criminal sanctions in the United States have four main goals:
- Retribution (deserved punishment)
- Deterrence
- Incapacitation
- Rehabilitation
Ultimately, all criminal punishment aims at maintaining social order, but the justifications for sentencing proceed from the American values of justice and fairness. Punishment reflects the dominant values of a particular moment in history. By the end of the 1960s, for example, the number of
Read MoreCriminal Procedure: Understanding Legal Processes and Rights
Presenting a Complaint in an Ordinary Action
B) To present a complaint in an ordinary action, is it necessary to sign an advocate? True, also an attorney.
The complaint can only be made in writing.
False, it can be made in writing or verbally, either personally or through an agent with special powers.
Appealing a Trial Sentence
3. What are the faults in appealing a trial sentence?
An appeal may be lodged within five days of notification. The appeal follows the prosecution of the appeal by summary procedure.
Read MoreIndian Law: Historical Development and Key Features in Spanish America
Indian Law: Historical Development and Key Features
Indian Law consists of a set of legal rules applicable to the territory of the West Indies, that is, America, the Philippines, and Oceania, which were part of the territories that came under Spanish rule. Upon the discovery of America on October 12, 1492, the intention was to apply Spanish law directly in the West Indies. However, this proved to be a failure because the political, economic, legal, social, and religious reality of the West Indies
Read MoreSuspensive Conditions in Contract Law: Impact and Stages
Obligations subject to a suspensive condition are those whose onset of effectiveness depends on the realization of an uncertain future event, i.e., the act constituting the obligation. If the condition is not met, the obligation fails to deploy its effects.
These obligations go through several phases. The result is when the obligation arises (there is a doctrinal view that prefers that the obligation does not arise until the obligation is fulfilled, but the obligation arises, if it fulfills all its
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