Administrative Organs & Acts: Structure, Powers, Procedures
Administrative Organs
Types and Functions
Administrative organs are units assigned functions with legal effects on third parties. Types include:
- By number of people: Single or Chartered
- By activity: Active or Advisory
- By function: Management or Control
- By territorial scope: Central or Peripheral
Scope of Authority
Authority is the relationship between public purposes and administrative power. Powers are defined by law, considering:
- Hierarchy: Static (echelon) and Dynamic (orders and conflict resolution)
- Coordination:
Principles of Criminal Law and Legal Interpretation
Principles of Criminal Law
From Aristotle to Kant, humans are considered sociable beings interacting within society. The state’s power to punish must be exercised within legal and fundamental rights, preventing a police state and protecting individual liberty.
The rule of law requires punitive power to be subject to legal boundaries and principles. Individuals are protected by criminal law, which prevents crime and limits punitive authority.
Sources of Principles:
Nationwide Routes
A) Constitutional
Read MoreLifting the Corporate Veil: Case Law Analysis
1. Sam is a customer of Box Ltd, a computer software supplier. John is the managing director and major shareholder of Box Ltd and has always dealt with Sam personally because he was such an important customer. John also led the software writing team that developed the software for Sam. This is not John’s usual role. The software supplied to Sam by Box Ltd has caused significant damage to Sam’s business, and he is suing Box Ltd for damages amounting to £1 million. Box Ltd has had other financial
Read MoreEffective Negotiation Strategies: A Practical Guide
Effective Negotiation Strategies
What is Negotiation?
Negotiation involves two or more parties with a shared issue or theme, using dialogue to reach an agreement. Each party may have differing positions, aiming for a mutually satisfactory outcome. The goal is a peaceful resolution.
Types of Negotiation Strategies
- Competitive/Distributive: A power struggle where bargaining is confrontational.
- Cooperative/Inclusive: A collaborative process where both parties aim for mutual gain.
- Mixed: A combination of
Legal Entities: A Comprehensive Guide to Types and Structures
Legal Entities: Types and Structures
Legal persons are entities with the legal capacity to perform all the actions of an individual.
Physical Existence | Legal Existence |
Born, lives, dies | Is, acts, dissolved |
Civil Registry | Public Registry of Commerce (or other, depending on entity type) |
DNI (National Identity Document) | Social Contract or Statute |
Rights and obligations, with limitations based on age and entity type. |
Types of Legal Entities: Various kinds of legal persons, such as partnerships, corporations, foundations,
Read MoreCriminal Law Cases: Burglary, Theft, and Usurpation
PEC 5: Case Studies in Criminal Law
1st Course: Burglary
Case A: Theft of Musical Equipment
Fernando stole musical equipment from three cars parked on Carrer de la Renclusa in Tarragona at 11:45 PM on February 20. He broke the car windows with an iron bar to access the equipment. This constitutes burglary under articles 237 and 238 of the Penal Code (CP).
Fernando appropriated the musical equipment by breaking and entering, using a crowbar to access the cars (Art. 238.2 CP).
Case B: Theft of a Car
In
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