Civil Procedural Law: Examination and Evidence Rules
True or False
- Against the decision to deny the appeal, open diligence. False
- The party will be allowed to answer interrogatories that assisted their attorney, solicitor, or other person. False
- On the facts that have been covered by the same interrogation, another trial cannot stand in any instance. True
- The person who has been issued a protective order could claim at any time, but after the verdict. False
- In the enforcement of protective orders, exceptions are not permitted. True
Underline the Correct
Read MoreWeber’s Legal Domination: Rationality, Development, and Western Law
Legal Domination: The Emergence of Legal Rationality
In his analysis of previous domains of authority (charismatic, traditional), Weber identified three steps for study: analysis of documentation, formulation of the general concept deduced, and putting it into practice or testing the media in legitimizing an organization. In the realm of legal rule, these three steps are not easily woven together due to the large scope of information provided in written files.
For Weber, both traditional and charismatic
Read MoreNatural Law, Social Contracts, and Legal Interpretation
Natural Rights and Social Contract Theories
Natural Law and the Concept of Natural Security in Hobbes
The rationalist natural law theory studies individual natural rights through two premises: discovering the true essence of human nature through reason, and proposing laws consistent with these natural rights. Authors of this theory envision humans in a hypothetical state of nature, agreeing upon a social contract based on human nature. Thomas Hobbes, an 18th-century English jurist and politician,
Read MoreCriminal Penalties and Security Measures in the Spanish Legal System
Criminal Penalties
The Penalty: A restriction of rights applied to a convicted individual based on the crime committed. It is considered an evil added to another evil, aiming for a positive outcome.
Theories on Penalty Justification
Retribution Theories
Exponents like Kant, Hegel, and Binding argue that punishment is justified in itself, seeking the realization of justice.
Critique: Focusing on culpability gives a false impression of the offender as inherently evil, with punishment as the sole means
Read MoreEU & Spain Advertising Regulations
EU Regulations
EU Directives
EU directives are standards issued by EU institutions (Council and Commission) containing basic principles governing a subject. Member states must incorporate these principles into national law within a specified period. If a member state fails to do so, the directive becomes directly applicable in court cases brought by individuals. This differs from regulations, which are generally applicable and directly effective upon publication in the Official Journal of the EU.
1984
Read MorePolitical Power and the Modern State
Political Power
Political power affects the whole society. It is the ability to search and manage public resources according to principles expressed in legislation to achieve social development goals and peaceful coexistence.
The State as a Political Institution
The state is a human social institution, which covers the entire society. It is organized into departments and procedures used to organize, manage, and stabilize society.
Elements of the State
- Society: Stable and settled in a territory with recognized