Social Organization, Legitimacy, and the Modern State
The Social State of Law
Included in their fundamental rights are individual freedoms and social equality, giving the state an increasingly active role for two reasons:
- Because of the demands of social justice, to make opportunities real and equal.
- For their own economic problems, because the economy needs state coordination to ensure efficiency and avoid crisis.
When a state has taken the shape of a social welfare state, it tries to ensure the satisfaction of certain basic needs. This new conception
Read MoreEvolution of Spanish Law: From Roman Roots to Constitutionalism
Common Law and Roman Influence: Western European countries underwent national legal changes. The IVA-S11-Discovery Compilation Manuscripts of Justinian (Italy) were compiled with great interest by scholars. These precepts of Canon and Feudal law were for practical use, forming the basis of Canon Law and Roman Law (Digest – Bologna School studied these texts). The gloss is clear, with precepts, Azzo’s stresses, and Summa greed. Canon Law saw doctrinal development with the Gregorian Reform (7th),
Read MoreCivil and Criminal Appeals in Spain
Appeal
Actionable resolutions: Sentences given in any kind of trial, because the law expressly states that they are directly subject to appeal; final orders terminating the case, making it impossible to continue.
Competition: Provincial Courts and Courts of First Instance. Effects are always returnable and have a suspensive effect.
Resource substantiation:
- Preparation: First, in the court that made the ruling, within 5 days from the day following the notification. It must include the resolution appealed,
Legal Terms and Definitions: A Comprehensive Glossary
Legal Terms and Definitions
Actual cause: The event directly responsible for another event or injury.
Advocacy group: Works to uphold the rights of a particular party or cause.
Affidavit: A written document in which the signer swears that the statements are true before an authorized person, such as a notary public.
Allegation: A formal accusation against someone.
Alternative: The opportunity to choose between two or more options.
Amicus brief: A type of brief filed by people who are not directly part
Read MoreRoman Legislative Actions and Property Rights
Item 21: Procedure for Legislative Action
The first procedure for trial is recognized in the Twelve Tables. Statements made by the same person that made the recognition pair became law before magistrates. It was a formalization of private revenge, probably archaic, that occurred first. It was exclusive to Roman citizens and was done in Rome. Held in 2 phases:
- In jure
- Apud iudicem
Phase in Iudicem Apud
In jure and de jure: The trial was held during the day and began when the defendant told the judge.
Read MoreEmployee Dismissal: Legal Actions and Procedures
Actions in the Event of Dismissal
An employee whose employment relationship has been terminated unilaterally by the employer and does not agree with this decision must carry out the following actions:
Conciliation Act
It is a prerequisite for any procedure for dismissal before the Social Court. This requirement involves processing requiring a prior administrative claim.
Who is affected?
- A worker who sees no grounds for the business action and receives a termination letter citing any reason.
- A worker who