The Spanish Crown: Role and Succession in the 1978 Constitution
Item 19: The Crown
The King and the Crown: Head of State
The Head of State in the 1978 Constitution has in common with the above that it is a hereditary monarch who holds the judiciary. The King in Spanish historical constitutionalism was inserted into the branches of government that shaped the country’s political system. The King of the 1978 Constitution is out of the game between the branches of government, left out of the political process.
The 1978 constituent has been traditional and innovative
Read MoreUnderstanding the Foundations and Sources of American Law
Moral Values, Religious Beliefs, and Societal Order
A society is governed by its laws. These laws are derived from the society’s:
- Moral values (good vs. evil)
- Religious beliefs (Thou shall not…)
- The need to keep order and protect safety
These concepts and beliefs vary from one society to another, so laws will also vary from place to place, country to country, even state to state.
Evolving Laws and the Influence of English Law
These concepts and beliefs can also change over time, and the law generally
Read MoreKey Legal Terms and Constitutional Rights in the US
First Amendment Rights and Limitations
| Commercial Speech | A type of speech that is NOT protected by the First Amendment and must properly advertise or market a product. |
| Defamation | A type of speech that is NOT protected by the First Amendment and which damages a person’s reputation (can be written – libel – or spoken – slander). |
| Fighting Words | A type of speech that is NOT protected by the First Amendment and which immediately breaks the peace. |
| Hate Speech | A type of speech that is NOT protected by the First |
Possessory Actions and Arbitration: Legal Procedures
Possessory Actions and Injunctions
Possession or Injunction Lawsuits: The purpose of this injunction is the preservation or recovery of real property or real rights. Declaratory judgments of the case are brief and focused. In order to derive the possessory action, it requires that possession has been interrupted in a quiet manner for at least one year. Even the mere holder may also require action, but this must have been carried out through violent dispossession, in which the limitation to this fact
Read MoreDelhi Rent Control Act: Key Provisions and Case Law
Slum Areas and Improvement Act, 1956
Section 14(2): Restrictions on Eviction Orders
No order can be made if payment is made under Section 15(1).
- Notwithstanding anything in any other law for the time being in force, no person shall, without written permission from the competent authority:
- (a) Institute, after the commencement of the Act, any suit or proceeding for obtaining any decree or order for the eviction of a tenant from any building or land in a slum area; or
- (b) Where any decree or order is obtained
Bankruptcy Effects on Contracts, Assets, and Liabilities
Effects on Contracts in Bankruptcy
Read More3) Effects on Contracts: Contracts previously included a clause stating they would be extinguished if one party was declared insolvent. Today, this is ineffective, as the law provides that a declaration of insolvency does not automatically terminate contracts. The legal principle of effective yield applies if the declaration of bankruptcy is a legal cause of extinction or by express statutory provision. The parties may agree on the extinction when the law recognizes