The document provides an overview of intellectual property law and policy concepts, including the different types of law (statutory, case, administrative), intellectual property, and the role of the World Intellectual Property Organization (WIPO). It defines intellectual property, outlines the categories of industrial property and copyright, and explains that WIPO helps establish international standards to protect intellectual property rights and resolve disputes involving intellectual property.
The document provides an overview of administrative law and ethics. It discusses the objectives, introduction, definitions, nature and scope, sources, agency creation and powers, administrative process, limitations on agency powers, and justification for administrative law. The key points are that administrative law governs agencies and ensures accountability, it has developed due to the expanding role of government and need for specialized and flexible dispute resolution, and its sources include enabling legislation, constitutions, regulations, and judicial review.
The document provides an overview of key sources of administrative law, including the Federal Register, Code of Federal Regulations (CFR), and federal agency decisions. It discusses how federal agencies promulgate regulations, the rulemaking process, and how final regulations are published in the Federal Register and codified in the CFR. It also describes independent regulatory agencies and their role in creating regulations with the force of law.
The document discusses control of delegated legislation in the United Kingdom. [1] It recaps that delegated legislation includes statutory instruments and orders in council that have UK-wide effect, as well as local by-laws. [2] Powers are often delegated to ministers through enabling acts of Parliament to make secondary legislation. [3] The document then uses Kenneth Clarke as an example of how a Secretary of State is responsible for making delegated legislation through their department. It outlines some methods used to control delegated legislation, including consultation during the creation of statutory instruments and publication of all delegated legislation.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTANBritish Council
1) The need for and rationale of judicial review to prevent executive overreach and ensure administrative decisions are not arbitrary.
2) The jurisdictional principles that govern judicial review, particularly the doctrine of ultra vires which holds that administrative acts beyond an agency's legal powers are void.
3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
The document discusses tribunals in Pakistan. It defines a tribunal as any person or institution with authority to judge disputes. Tribunals were established alongside courts to provide a less formal and faster alternative for resolving disputes. There are different types of tribunals that serve adjudicative, regulatory, and appellate functions. Examples discussed include the Appellate Tribunal Inland Revenue and Customs Appellate Tribunal, which hear tax-related appeals. The document outlines the procedures tribunals follow, from preliminary reviews to hearings and decision making. Parties dissatisfied with a tribunal's decision can sometimes appeal through a judicial review process.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
The document provides an overview of administrative law and ethics. It discusses the objectives, introduction, definitions, nature and scope, sources, agency creation and powers, administrative process, limitations on agency powers, and justification for administrative law. The key points are that administrative law governs agencies and ensures accountability, it has developed due to the expanding role of government and need for specialized and flexible dispute resolution, and its sources include enabling legislation, constitutions, regulations, and judicial review.
The document provides an overview of key sources of administrative law, including the Federal Register, Code of Federal Regulations (CFR), and federal agency decisions. It discusses how federal agencies promulgate regulations, the rulemaking process, and how final regulations are published in the Federal Register and codified in the CFR. It also describes independent regulatory agencies and their role in creating regulations with the force of law.
The document discusses control of delegated legislation in the United Kingdom. [1] It recaps that delegated legislation includes statutory instruments and orders in council that have UK-wide effect, as well as local by-laws. [2] Powers are often delegated to ministers through enabling acts of Parliament to make secondary legislation. [3] The document then uses Kenneth Clarke as an example of how a Secretary of State is responsible for making delegated legislation through their department. It outlines some methods used to control delegated legislation, including consultation during the creation of statutory instruments and publication of all delegated legislation.
JUDICIAL REVIEW OF ADMINISTRATIVE ACTION IN PAKISTANBritish Council
1) The need for and rationale of judicial review to prevent executive overreach and ensure administrative decisions are not arbitrary.
2) The jurisdictional principles that govern judicial review, particularly the doctrine of ultra vires which holds that administrative acts beyond an agency's legal powers are void.
3) The modes of judicial review exercised by courts in Pakistan, including public law review through writ petitions and private law review through suits/injunctions. Natural justice and its principles like nemo iudex in causa sua are also reviewed.
The document discusses tribunals in Pakistan. It defines a tribunal as any person or institution with authority to judge disputes. Tribunals were established alongside courts to provide a less formal and faster alternative for resolving disputes. There are different types of tribunals that serve adjudicative, regulatory, and appellate functions. Examples discussed include the Appellate Tribunal Inland Revenue and Customs Appellate Tribunal, which hear tax-related appeals. The document outlines the procedures tribunals follow, from preliminary reviews to hearings and decision making. Parties dissatisfied with a tribunal's decision can sometimes appeal through a judicial review process.
This document discusses administrative law and delegated legislation. It defines administrative law and outlines its key aspects, including the powers of administrative authorities, limits on those powers, required procedures, and judicial oversight. It then explains reasons for the growth of administrative law and delegated legislation, such as the expanding role of the state, inadequate judicial and legislative systems, and the need for flexibility and experimentation. It also summarizes principles of administrative law like natural justice, permissible vs. impermissible delegations of power, and conditional legislation.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
The document summarizes the development of administrative law in the United States from 1776 to present. It discusses key milestones like the creation of agencies like the Interstate Commerce Commission in 1887 and expansion of agency power during the New Deal. It also covers the delegation doctrine, which allows Congress to delegate legislative powers to agencies, and important court cases like Panama Refining Co. v. Ryan and A.L.A. Schechter Poultry Corp. v. United States that struck down unlimited delegations that lacked standards. The principles of separation of powers and federalism are also discussed in relation to administrative agencies.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
Delegated legislation refers to laws created by individuals or bodies that have been granted authority by Parliament to make such laws. There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and orders in council made by the Privy Council in emergencies. Delegated legislation allows Parliament to delegate technical or complex issues and provide a means to quickly update laws. It helps save Parliamentary time while allowing laws to be more responsive to local needs or emergencies.
This document discusses the rise of administrative law in India. It notes that the increasing role of the state, an overburdened judicial system unable to efficiently handle complex disputes, and the legislature's inability to adequately make detailed rules all contributed to the growth of delegated legislation. This allowed administrative authorities to make rules with more flexibility and expertise. However, concerns remained around permissible limits of legislative delegation. The document outlines key court cases that helped shape the understanding of these limits during different periods when the Privy Council, Federal Court, and Supreme Court acted as the highest court of appeal in India.
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
Judicial review refers to the process by which courts scrutinize actions by the legislature, executive, and other government bodies. Courts have the power to interpret statutes and review administrative actions for legal authority. While UK courts cannot strike down legislation due to parliamentary sovereignty, they can review statutes for compliance with EU law or human rights and determine whether executive actions exceed legal powers. Courts balance interpreting the letter and intention of the law, and their scrutiny of government has increased in recent decades in the UK.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
6 constitutional supremacy v parliamentary (1)Ainnabila Rosdi
This document discusses and compares the concepts of constitutional supremacy versus parliamentary supremacy. It provides details on the key implications of constitutional supremacy in Malaysia, which include:
1) The Constitution being the highest law of the land that takes precedence over ordinary laws and limits the powers of Parliament.
2) The federal structure of Malaysia which divides powers between the federal and state governments.
3) The ability of courts to conduct judicial review and invalidate laws and acts that are inconsistent with the Constitution.
4) The entrenchment of fundamental rights and liberties in the Constitution that even Parliament cannot encroach on.
Administrative law deals with rules created and applied by government bodies that have been delegated powers from the executive branch, such as boards, agencies, commissions, and tribunals. These government bodies regulate many activities that have a significant impact on individuals and businesses. Administrative law is a complex area that involves determining the legality of government actions and providing individuals with mechanisms for judicial review and remedies for wrongful government acts. It has expanded greatly in the 20th century as more government agencies were created to regulate increasingly complex social and economic spheres.
Judicial review allows courts to examine agency decisions and provide remedies if a person believes they have been injured by an agency. Before seeking judicial review, one must complete all agency appeal processes. Judicial review is not automatic and standards govern access to it. Courts can review agencies by statutes that create the agency or establish judicial review. Several barriers like no provision for review or preclusion of review exist. Procedures like standing, ripeness, exhaustion of remedies, and primary jurisdiction must also be followed to seek judicial review. The scope of review is limited but exceptions exist like reviewing issues de novo rather than just the agency record.
This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
2) It describes how judges are nominated by the president and confirmed by the Senate, and the role of interest groups and politics in this process.
3) It explains the Supreme Court's power of judicial review to examine the constitutionality of laws and actions of the other branches of government.
This document discusses the legal nature of administrative power in India. It begins by explaining that administrative discretion can be reviewed by courts if misused. It then discusses different grounds for abuse of discretion including improper purpose, malafide exercise, irrelevant considerations, and unreasonableness. It also discusses failure to exercise discretion properly, such as non-application of mind or acting under dictation. The document examines how fundamental rights provide judicial control over administrative discretion to prevent violations. Finally, it notes that while delegating powers is necessary, precautions must be taken to ensure powers are not misused.
There are four main methods for amending Malaysia's constitution outlined in the document:
1) A simple majority in both houses of Parliament for minor amendments.
2) A two-thirds majority in both houses for other amendments.
3) A two-thirds majority in both houses plus consent from the Conference of Rulers for certain important amendments.
4) A two-thirds majority in both houses plus consent from the Yang di-Pertua Negeri of Sabah or Sarawak for amendments affecting their rights. Emergency powers provide a fifth method. The philosophy is to avoid processes that are too difficult or too easy to amend the constitution.
The document discusses key aspects of the US judicial system, including the dual court system with both federal and state courts. It outlines the structure and jurisdiction of federal courts, from district courts handling original cases up to the Supreme Court as the highest court. The Supreme Court has discretion over which cases it will hear and uses a process of writs of certiorari. It also discusses the political aspects of appointing federal judges and their job security.
This document provides an overview of administrative law and administrative agencies in the United States. It defines administrative agencies as governmental bodies other than courts or legislatures that can affect private parties through rulemaking, adjudication, or other actions. It traces the growth of administrative law during the New Deal era when more flexible governmental responses were needed. It also outlines the legislative checks on agencies, such as the requirement that agencies publish notices of proposed rulemaking and that Congress provide an intelligible principle to guide agencies in their delegated powers.
Law is a powerful and important social force that affects most aspects of life. There are several classifications and sources of law that help explain its complex nature. Law can be classified as public or private, civil or criminal, substantive or procedural, common law or statutory law. The main sources of law include constitutional law, treaties, administrative law, statutory law, case law, federal law, and state law. Understanding these classifications and sources is helpful for examining how law shapes social life.
This document discusses the concept of judicial review in India. It defines judicial review as the power of courts to review laws enacted by the legislature and declare them unconstitutional. It outlines that judicial review originated in the US and was later incorporated into the Indian constitution. The document discusses important cases where judicial review was exercised in India and explains that the power helps maintain the balance of federalism and protect fundamental rights. It also lists the relevant constitutional provisions and scope of judicial review in India.
Este documento resume las obligaciones civiles y naturales desde una perspectiva interdisciplinaria. Las obligaciones civiles surgen del derecho civil y dan al acreedor el derecho a accionar judicialmente para exigir su cumplimiento. Las obligaciones naturales se basan en el derecho natural y la equidad, y aunque no dan derecho a acción, impiden que el deudor repita lo pagado voluntariamente. El documento analiza los antecedentes históricos de ambos tipos de obligaciones en el derecho romano y explica conceptos como derecho natural, equ
Este documento discute el concepto de trabajo en equipo. Explica que aunque un grupo de personas trabajen juntas hacia un objetivo común, esto no siempre constituye un verdadero trabajo en equipo. Define el trabajo en equipo como una colaboración organizada donde cada miembro aporta sus habilidades y conocimientos de manera coordinada. También destaca la importancia de entender las interdependencias entre los miembros del equipo y sacar provecho de ellas.
This document discusses delegated legislation, also known as subordinate or subsidiary legislation. It begins by explaining that delegated legislation refers to laws made by persons or bodies to whom Parliament has delegated law-making authority. Principal Acts of Parliament can enable subsidiary legislation and specify who has the power to make it. Delegated legislation allows administrative details to be implemented that ensure Acts will operate successfully.
The document then covers types of delegated legislation like regulations, statutory rules, by-laws and ordinances. It discusses the rationale for delegated legislation, including saving parliamentary time and dealing with technical or rapidly changing issues. The institutions and authorities that can make delegated legislation are also outlined, along with controls like parliamentary and judicial scrutiny.
The document summarizes the development of administrative law in the United States from 1776 to present. It discusses key milestones like the creation of agencies like the Interstate Commerce Commission in 1887 and expansion of agency power during the New Deal. It also covers the delegation doctrine, which allows Congress to delegate legislative powers to agencies, and important court cases like Panama Refining Co. v. Ryan and A.L.A. Schechter Poultry Corp. v. United States that struck down unlimited delegations that lacked standards. The principles of separation of powers and federalism are also discussed in relation to administrative agencies.
Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
Delegated legislation refers to laws created by individuals or bodies that have been granted authority by Parliament to make such laws. There are three main types of delegated legislation: bylaws made by local councils, statutory instruments made by government departments, and orders in council made by the Privy Council in emergencies. Delegated legislation allows Parliament to delegate technical or complex issues and provide a means to quickly update laws. It helps save Parliamentary time while allowing laws to be more responsive to local needs or emergencies.
This document discusses the rise of administrative law in India. It notes that the increasing role of the state, an overburdened judicial system unable to efficiently handle complex disputes, and the legislature's inability to adequately make detailed rules all contributed to the growth of delegated legislation. This allowed administrative authorities to make rules with more flexibility and expertise. However, concerns remained around permissible limits of legislative delegation. The document outlines key court cases that helped shape the understanding of these limits during different periods when the Privy Council, Federal Court, and Supreme Court acted as the highest court of appeal in India.
- Common law is a body of unwritten laws based on legal precedents established by courts in previous rulings on similar cases.
- The doctrine of stare decisis requires courts to follow these legal precedents when making rulings.
- The U.S. Supreme Court's rulings set binding precedents that must be followed by lower courts. Common law provides consistency and stability in the legal system while allowing some flexibility if precedents become outdated.
Judicial review refers to the process by which courts scrutinize actions by the legislature, executive, and other government bodies. Courts have the power to interpret statutes and review administrative actions for legal authority. While UK courts cannot strike down legislation due to parliamentary sovereignty, they can review statutes for compliance with EU law or human rights and determine whether executive actions exceed legal powers. Courts balance interpreting the letter and intention of the law, and their scrutiny of government has increased in recent decades in the UK.
Judicial review is a process under which executive or legislative actions are subject to review by the judiciary. Judicial Review plays an important role in Indian Judiciary.
6 constitutional supremacy v parliamentary (1)Ainnabila Rosdi
This document discusses and compares the concepts of constitutional supremacy versus parliamentary supremacy. It provides details on the key implications of constitutional supremacy in Malaysia, which include:
1) The Constitution being the highest law of the land that takes precedence over ordinary laws and limits the powers of Parliament.
2) The federal structure of Malaysia which divides powers between the federal and state governments.
3) The ability of courts to conduct judicial review and invalidate laws and acts that are inconsistent with the Constitution.
4) The entrenchment of fundamental rights and liberties in the Constitution that even Parliament cannot encroach on.
Administrative law deals with rules created and applied by government bodies that have been delegated powers from the executive branch, such as boards, agencies, commissions, and tribunals. These government bodies regulate many activities that have a significant impact on individuals and businesses. Administrative law is a complex area that involves determining the legality of government actions and providing individuals with mechanisms for judicial review and remedies for wrongful government acts. It has expanded greatly in the 20th century as more government agencies were created to regulate increasingly complex social and economic spheres.
Judicial review allows courts to examine agency decisions and provide remedies if a person believes they have been injured by an agency. Before seeking judicial review, one must complete all agency appeal processes. Judicial review is not automatic and standards govern access to it. Courts can review agencies by statutes that create the agency or establish judicial review. Several barriers like no provision for review or preclusion of review exist. Procedures like standing, ripeness, exhaustion of remedies, and primary jurisdiction must also be followed to seek judicial review. The scope of review is limited but exceptions exist like reviewing issues de novo rather than just the agency record.
This document summarizes key aspects of the US judicial system as established by the Constitution and subsequent Supreme Court rulings, including:
1) It outlines the establishment and powers of the federal court system according to Articles III of the Constitution.
2) It describes how judges are nominated by the president and confirmed by the Senate, and the role of interest groups and politics in this process.
3) It explains the Supreme Court's power of judicial review to examine the constitutionality of laws and actions of the other branches of government.
This document discusses the legal nature of administrative power in India. It begins by explaining that administrative discretion can be reviewed by courts if misused. It then discusses different grounds for abuse of discretion including improper purpose, malafide exercise, irrelevant considerations, and unreasonableness. It also discusses failure to exercise discretion properly, such as non-application of mind or acting under dictation. The document examines how fundamental rights provide judicial control over administrative discretion to prevent violations. Finally, it notes that while delegating powers is necessary, precautions must be taken to ensure powers are not misused.
There are four main methods for amending Malaysia's constitution outlined in the document:
1) A simple majority in both houses of Parliament for minor amendments.
2) A two-thirds majority in both houses for other amendments.
3) A two-thirds majority in both houses plus consent from the Conference of Rulers for certain important amendments.
4) A two-thirds majority in both houses plus consent from the Yang di-Pertua Negeri of Sabah or Sarawak for amendments affecting their rights. Emergency powers provide a fifth method. The philosophy is to avoid processes that are too difficult or too easy to amend the constitution.
The document discusses key aspects of the US judicial system, including the dual court system with both federal and state courts. It outlines the structure and jurisdiction of federal courts, from district courts handling original cases up to the Supreme Court as the highest court. The Supreme Court has discretion over which cases it will hear and uses a process of writs of certiorari. It also discusses the political aspects of appointing federal judges and their job security.
This document provides an overview of administrative law and administrative agencies in the United States. It defines administrative agencies as governmental bodies other than courts or legislatures that can affect private parties through rulemaking, adjudication, or other actions. It traces the growth of administrative law during the New Deal era when more flexible governmental responses were needed. It also outlines the legislative checks on agencies, such as the requirement that agencies publish notices of proposed rulemaking and that Congress provide an intelligible principle to guide agencies in their delegated powers.
Law is a powerful and important social force that affects most aspects of life. There are several classifications and sources of law that help explain its complex nature. Law can be classified as public or private, civil or criminal, substantive or procedural, common law or statutory law. The main sources of law include constitutional law, treaties, administrative law, statutory law, case law, federal law, and state law. Understanding these classifications and sources is helpful for examining how law shapes social life.
This document discusses the concept of judicial review in India. It defines judicial review as the power of courts to review laws enacted by the legislature and declare them unconstitutional. It outlines that judicial review originated in the US and was later incorporated into the Indian constitution. The document discusses important cases where judicial review was exercised in India and explains that the power helps maintain the balance of federalism and protect fundamental rights. It also lists the relevant constitutional provisions and scope of judicial review in India.
Este documento resume las obligaciones civiles y naturales desde una perspectiva interdisciplinaria. Las obligaciones civiles surgen del derecho civil y dan al acreedor el derecho a accionar judicialmente para exigir su cumplimiento. Las obligaciones naturales se basan en el derecho natural y la equidad, y aunque no dan derecho a acción, impiden que el deudor repita lo pagado voluntariamente. El documento analiza los antecedentes históricos de ambos tipos de obligaciones en el derecho romano y explica conceptos como derecho natural, equ
Este documento discute el concepto de trabajo en equipo. Explica que aunque un grupo de personas trabajen juntas hacia un objetivo común, esto no siempre constituye un verdadero trabajo en equipo. Define el trabajo en equipo como una colaboración organizada donde cada miembro aporta sus habilidades y conocimientos de manera coordinada. También destaca la importancia de entender las interdependencias entre los miembros del equipo y sacar provecho de ellas.
En el artículo, Victoria Camps argumenta que la educación es necesariamente normativa y tiene la función de integrar a los individuos en la cultura. Ella afirma que la educación implica formar el carácter de los estudiantes y transmitir valores para promover un mundo más civilizado. Aunque algunos creen que enseñar valores morales podría estar en conflicto con la sociedad, Camps concluye que la dimensión ética es intrínseca a la educación.
Motivation refers to the inner drive that directs behavior toward goal-oriented action. It is complex and unique to each individual. Traditional approaches viewed motivation as stemming from external rewards and punishments, but positive motivation comes from moving toward goals with positive associations, while negative motivation comes from moving away from goals with negative associations. Effective motivators in the workplace include interesting work, clear goals, appreciation, responsibility, and career growth. Tactics for motivating employees include flexibility, positive feedback, soliciting expert input, sharing incentives, and promoting teamwork. Motivation energizes individuals and increases performance, satisfaction, communication, and efficiency, leading to effective group behavior.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
My books- Hacking Digital Learning Strategies http://hackingdls.com & Learning to Go https://gum.co/learn2go
Resources at http://shellyterrell.com/classmanagement
The reality for companies that are trying to figure out their blogging or content strategy is that there's a lot of content to write beyond just the "buy now" page.
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
This document provides an overview of how law is developed and applied in the UK. It discusses that laws originate from unspoken social rules and customs that developed over generations. These became codified into common law through judicial precedent, where higher courts establish binding precedents that lower courts must follow. Legislation has now become the primary source of law in the UK. The key concepts covered include:
- Laws originate from social customs and norms
- A state is a community with a defined territory governed by a government
- Common law is developed through judicial precedent, where courts follow previous rulings on similar cases
- Legislation and statutes now supersede common law where conflicts arise
Precedents are previous court cases that are used to guide future legal decisions. There are four types of precedents: 1) Authoritative precedents that judges must follow, including absolute precedents they must always follow and conditional precedents they can disregard in special cases; 2) Convincing precedents that judges can choose to follow as they see fit; 3) Original precedents that establish new legal rules; and 4) Declaratory precedents that simply apply existing rules. Precedents provide consistency, efficiency, and help adapt laws to changing social conditions.
This document summarizes the key sources of law in 3 categories: legal sources, literary sources, and specific sources. The legal sources that establish existing rules of law are the constitution, case law, legislation, equity, and custom. The literary sources that provide written records of legal rules include law reports, books, historical sources, and legal histories. The constitution is described as the most important legal source, establishing fundamental rights and government structure. Case law/common law develops legal principles from judicial precedents. Legislation includes acts of parliament and delegated legislation created by statutory bodies. Equity developed in parallel to the common law to provide fairness and remedies.
The document discusses the importance and functions of the judiciary. It notes that the judiciary is the third organ of government responsible for applying laws to specific cases and settling disputes. Its key functions include giving justice, interpreting and applying laws, playing a role in law-making through precedents, protecting rights, and acting as guardian of the constitution. An independent judiciary is important as it protects citizens from legislative and executive overreach and ensures the rule of law. The document also examines different methods of appointing judges to ensure judicial independence and impartiality.
The document discusses the Law Commission of India, an advisory body established by the Government of India to work on legal reform. It outlines the Commission's composition, history, functions, and powers. The Commission is headed by a Chairperson, usually a retired Supreme Court judge, and includes other legal experts. It works for three years on topics referred by the Ministry of Law and Justice, reviewing laws and recommending reforms. While its recommendations are non-binding, the Commission serves as the initiation point for law reform in India.
The document discusses the Law Commission of India, an advisory body established by the Government of India to work on legal reform. It outlines the Commission's composition, history, functions, and powers. The Commission is headed by a Chairperson, usually a retired Supreme Court judge, and includes other legal experts. It works for three years on topics referred by the Ministry of Law and Justice, reviewing laws and recommending reforms. While its recommendations are non-binding, the Commission serves as the initiation point for law reform in India.
This document discusses four models of legal research: collative, historical, comparative, and collateral. It provides details on each:
Collative research involves compiling laws, cases, and other materials on a topic for easy reference. Historical research traces the development of a law or legal concept over time to understand its origins and evolution. Comparative research examines how other jurisdictions approach legal issues to identify innovative solutions or reforms. Collateral research involves considering related non-legal sources to provide broader context.
Ehsan Kabir Solicitor is explaining the Common Law vs. Positive Law. Ehsan Kabir understands that clients may be limited in their financial means. In order to ensure they too benefit from his knowledge and experience, Ehsan Kabir works alongside his clients to find and deliver a cost-effective solutions to their problems. By working together with clients Mr. Kabir provides clients with opportunities to keep control of their finances.
This document discusses key concepts and features of law. It defines law and outlines its origins and development. It describes different types of law, including general law, foreign law, private international law, conventional law, and special laws. The sources of law are discussed, including custom, religion, judicial decisions, legislation, scientific commentaries, and equity. Salmond's classification of formal and material sources of law is also presented. Finally, the document outlines important features of law such as applicability, uniformity, and its role in establishing order in society.
This document provides an introduction to business law in India. It defines what law is and explains the need for laws in society. The key branches of law are described as constitutional law, administrative law, criminal law, civil law, and commercial law. Sources of business law in India are identified as statutory law, case law, natural law, English mercantile law, and customs and usage. Principles of natural justice like rules against bias and hearing the other side are also summarized.
Week 1 - Introduction and the Canadian Legal System (1)(1).pptxMariaPatino16
This document provides an introduction to the Canadian legal system. It discusses key topics including the sources of Canadian law such as legislation, common law, and the Quebec Civil Code. It outlines the hierarchy of courts in Canada and explains the roles of Parliament, legislatures, and courts. It also distinguishes between public law, private law, criminal law, and civil law. The document introduces important constitutional concepts like the division of powers between federal and provincial governments. Finally, it discusses the role of precedent in common law and how legislation and administrative tribunals fit within Canada's legal framework.
David Ford Avon CT | State Legislatures for regulating individual activitiesDavid Ford Avon Ct
David Ford Avon Ct is an attorney and volunteer currently living in Glastonbury, Connecticut. Expert in Finance and bank fraud. Quite a famous name in the legal circle of Connecticut. He is a respected citizen and a respected lawyer.
Constitutional, statutory, and case law are the three sources of American law, ranked in that order from highest to lowest. Constitutional law establishes the framework of government and is established through constitutions. Statutory law regulates individuals and private actions and is established through statutes passed by legislatures. Case law supplements the law through precedent established in past court rulings and helps interpret statutes and constitutions.
The key sources of constitutional law in Malaysia are:
1. The Federal Constitution, which is the supreme law of the land.
2. State Constitutions, which regulate the government of each state.
3. Legislation enacted by Parliament at the federal level and state legislative assemblies.
4. Judicial precedents set by court decisions, which provide consistency and certainty in legal principles.
This document summarizes a presentation on judicial precedent given by Arpita Das, Mitu Chowdhury, and Sahadat Hossain at Green University of Bangladesh's Department of Law. It was supervised by Dr. MD Mehedi Hasan, Assistant Professor at the Department of Law. The presentation covered the definition of precedent, the different types of judicial precedents (authoritative, persuasive, original, and declaratory), the binding force of precedents, and the merits and demerits of the precedent doctrine. The presentation provided details on how precedents guide judicial decisions and develop legal principles over time, while also acknowledging criticisms around conflicting decisions and overlooked authorities.
1Chapter 2 LEGAL RIGHTS AND RESPONSIBILITIES(Laws Governi.docxhyacinthshackley2629
1
Chapter 2: LEGAL RIGHTS AND RESPONSIBILITIES
(Laws Governing the Workplace)
2
Paradoxes about working for the public sector and legal rights
· How and when do we give up personal rights in public employment?
· Must balance three elements
· Employee rights
· Employer needs
· Policy dictates (governmental needs)
In this chapter on Legal Rights and Responsibilities, we are essentially covering laws governing the workplace, of course focusing on the public sector arena. The introduction points out the particularly important paradoxes of living in a democracy in which we value our personal rights, and yet we must yield up or narrow many of those rights in employment situations. This paradox is founded on the underlying principle that public law is trying to balance three elements: the needs of employers, the needs of employees, and the interests of government in pursuing public policy. The entire chapter looks at how these three elements—employees, employers, and policy dictates—are balanced in a wide variety of areas. On one hand, the balancing that is achieved is a magnificent monument to rationality at its best, because the legal system does an extraordinary job of ensuring fairness for employees, employers, and the implementation of policy. It also allows for varying the balance to suit different issues, to evolve over time, and to consider fact-specific situations. Yet on the other hand, public law can be frustrating too, because the balancing act does vary from area to area, does vary constantly over time, and predictability in fact-specific situations is sometimes in doubt until situations are legally challenged and litigated. Thus, public law can be very challenging and frustrating for public managers. As the book points out, managers must embrace the law to avoid the law. This chapter is the primary means that the MPA program uses to ensure that managers are both informed and relatively comfortable dealing with this challenging aspect of management.
3
Not all employment requirements stem directly from laws…
Many issues are not covered by laws, but rather by collective bargaining rules and agency guidelines which are nearly as firm
An interesting note is that much of what constrains employers is not in the law itself, but in civil service rules and tenure systems. Such rules are considered to be freely adopted by governments or individual agencies, and in most cases either have the weight of law, or at least a very strong legal weight in litigation and provide a weapon that can be used when individuals and unions seek protection of employee rights. Thus many of the generalizations in the chapter are based on common practices articulated in rules, rather than specific laws themselves. A prime example of this is in discipline, where civil service systems constrain agencies to act through specific procedures which must be followed scrupulously. Governments set up the legal framework, it is further articulated in collective barg.
EDLD804 Constitutional Law Chapter 1 PresentationPaul Gruhn
As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,
The document discusses different legal systems around the world:
- Islamic law is derived from the Quran and teachings of Muhammad, and prohibits things like interest payments.
- Socialist/Marxist law aims to achieve a communist society with state ownership and central planning.
- Common law is based on precedents from past court cases. Judges' rulings in individual cases establish principles that guide future similar cases.
- Civil/code law is based on detailed legal codes that establish rules for conducting business and other activities. Judges play a larger role than lawyers in civil systems.
It also notes some differences between how intellectual property is handled under common vs. code law.
The document discusses different legal systems and methods for resolving international disputes. It covers four main legal systems - Islamic law, common law, civil/code law, and socialist law. For international disputes, the preferred methods are conciliation (mediation), arbitration, and as a last resort, litigation in domestic courts. Conciliation aims to reach a negotiated agreement, arbitration involves a private third party decision, and litigation occurs through public court proceedings.
ESPP presentation to EU Waste Water Network, 4th June 2024 “EU policies driving nutrient removal and recycling
and the revised UWWTD (Urban Waste Water Treatment Directive)”
The technology uses reclaimed CO₂ as the dyeing medium in a closed loop process. When pressurized, CO₂ becomes supercritical (SC-CO₂). In this state CO₂ has a very high solvent power, allowing the dye to dissolve easily.
The binding of cosmological structures by massless topological defectsSérgio Sacani
Assuming spherical symmetry and weak field, it is shown that if one solves the Poisson equation or the Einstein field
equations sourced by a topological defect, i.e. a singularity of a very specific form, the result is a localized gravitational
field capable of driving flat rotation (i.e. Keplerian circular orbits at a constant speed for all radii) of test masses on a thin
spherical shell without any underlying mass. Moreover, a large-scale structure which exploits this solution by assembling
concentrically a number of such topological defects can establish a flat stellar or galactic rotation curve, and can also deflect
light in the same manner as an equipotential (isothermal) sphere. Thus, the need for dark matter or modified gravity theory is
mitigated, at least in part.
hematic appreciation test is a psychological assessment tool used to measure an individual's appreciation and understanding of specific themes or topics. This test helps to evaluate an individual's ability to connect different ideas and concepts within a given theme, as well as their overall comprehension and interpretation skills. The results of the test can provide valuable insights into an individual's cognitive abilities, creativity, and critical thinking skills
Authoring a personal GPT for your research and practice: How we created the Q...Leonel Morgado
Thematic analysis in qualitative research is a time-consuming and systematic task, typically done using teams. Team members must ground their activities on common understandings of the major concepts underlying the thematic analysis, and define criteria for its development. However, conceptual misunderstandings, equivocations, and lack of adherence to criteria are challenges to the quality and speed of this process. Given the distributed and uncertain nature of this process, we wondered if the tasks in thematic analysis could be supported by readily available artificial intelligence chatbots. Our early efforts point to potential benefits: not just saving time in the coding process but better adherence to criteria and grounding, by increasing triangulation between humans and artificial intelligence. This tutorial will provide a description and demonstration of the process we followed, as two academic researchers, to develop a custom ChatGPT to assist with qualitative coding in the thematic data analysis process of immersive learning accounts in a survey of the academic literature: QUAL-E Immersive Learning Thematic Analysis Helper. In the hands-on time, participants will try out QUAL-E and develop their ideas for their own qualitative coding ChatGPT. Participants that have the paid ChatGPT Plus subscription can create a draft of their assistants. The organizers will provide course materials and slide deck that participants will be able to utilize to continue development of their custom GPT. The paid subscription to ChatGPT Plus is not required to participate in this workshop, just for trying out personal GPTs during it.
When I was asked to give a companion lecture in support of ‘The Philosophy of Science’ (https://shorturl.at/4pUXz) I decided not to walk through the detail of the many methodologies in order of use. Instead, I chose to employ a long standing, and ongoing, scientific development as an exemplar. And so, I chose the ever evolving story of Thermodynamics as a scientific investigation at its best.
Conducted over a period of >200 years, Thermodynamics R&D, and application, benefitted from the highest levels of professionalism, collaboration, and technical thoroughness. New layers of application, methodology, and practice were made possible by the progressive advance of technology. In turn, this has seen measurement and modelling accuracy continually improved at a micro and macro level.
Perhaps most importantly, Thermodynamics rapidly became a primary tool in the advance of applied science/engineering/technology, spanning micro-tech, to aerospace and cosmology. I can think of no better a story to illustrate the breadth of scientific methodologies and applications at their best.
EWOCS-I: The catalog of X-ray sources in Westerlund 1 from the Extended Weste...Sérgio Sacani
Context. With a mass exceeding several 104 M⊙ and a rich and dense population of massive stars, supermassive young star clusters
represent the most massive star-forming environment that is dominated by the feedback from massive stars and gravitational interactions
among stars.
Aims. In this paper we present the Extended Westerlund 1 and 2 Open Clusters Survey (EWOCS) project, which aims to investigate
the influence of the starburst environment on the formation of stars and planets, and on the evolution of both low and high mass stars.
The primary targets of this project are Westerlund 1 and 2, the closest supermassive star clusters to the Sun.
Methods. The project is based primarily on recent observations conducted with the Chandra and JWST observatories. Specifically,
the Chandra survey of Westerlund 1 consists of 36 new ACIS-I observations, nearly co-pointed, for a total exposure time of 1 Msec.
Additionally, we included 8 archival Chandra/ACIS-S observations. This paper presents the resulting catalog of X-ray sources within
and around Westerlund 1. Sources were detected by combining various existing methods, and photon extraction and source validation
were carried out using the ACIS-Extract software.
Results. The EWOCS X-ray catalog comprises 5963 validated sources out of the 9420 initially provided to ACIS-Extract, reaching a
photon flux threshold of approximately 2 × 10−8 photons cm−2
s
−1
. The X-ray sources exhibit a highly concentrated spatial distribution,
with 1075 sources located within the central 1 arcmin. We have successfully detected X-ray emissions from 126 out of the 166 known
massive stars of the cluster, and we have collected over 71 000 photons from the magnetar CXO J164710.20-455217.
Phenomics assisted breeding in crop improvementIshaGoswami9
As the population is increasing and will reach about 9 billion upto 2050. Also due to climate change, it is difficult to meet the food requirement of such a large population. Facing the challenges presented by resource shortages, climate
change, and increasing global population, crop yield and quality need to be improved in a sustainable way over the coming decades. Genetic improvement by breeding is the best way to increase crop productivity. With the rapid progression of functional
genomics, an increasing number of crop genomes have been sequenced and dozens of genes influencing key agronomic traits have been identified. However, current genome sequence information has not been adequately exploited for understanding
the complex characteristics of multiple gene, owing to a lack of crop phenotypic data. Efficient, automatic, and accurate technologies and platforms that can capture phenotypic data that can
be linked to genomics information for crop improvement at all growth stages have become as important as genotyping. Thus,
high-throughput phenotyping has become the major bottleneck restricting crop breeding. Plant phenomics has been defined as the high-throughput, accurate acquisition and analysis of multi-dimensional phenotypes
during crop growing stages at the organism level, including the cell, tissue, organ, individual plant, plot, and field levels. With the rapid development of novel sensors, imaging technology,
and analysis methods, numerous infrastructure platforms have been developed for phenotyping.
Unlocking the mysteries of reproduction: Exploring fecundity and gonadosomati...AbdullaAlAsif1
The pygmy halfbeak Dermogenys colletei, is known for its viviparous nature, this presents an intriguing case of relatively low fecundity, raising questions about potential compensatory reproductive strategies employed by this species. Our study delves into the examination of fecundity and the Gonadosomatic Index (GSI) in the Pygmy Halfbeak, D. colletei (Meisner, 2001), an intriguing viviparous fish indigenous to Sarawak, Borneo. We hypothesize that the Pygmy halfbeak, D. colletei, may exhibit unique reproductive adaptations to offset its low fecundity, thus enhancing its survival and fitness. To address this, we conducted a comprehensive study utilizing 28 mature female specimens of D. colletei, carefully measuring fecundity and GSI to shed light on the reproductive adaptations of this species. Our findings reveal that D. colletei indeed exhibits low fecundity, with a mean of 16.76 ± 2.01, and a mean GSI of 12.83 ± 1.27, providing crucial insights into the reproductive mechanisms at play in this species. These results underscore the existence of unique reproductive strategies in D. colletei, enabling its adaptation and persistence in Borneo's diverse aquatic ecosystems, and call for further ecological research to elucidate these mechanisms. This study lends to a better understanding of viviparous fish in Borneo and contributes to the broader field of aquatic ecology, enhancing our knowledge of species adaptations to unique ecological challenges.
The use of Nauplii and metanauplii artemia in aquaculture (brine shrimp).pptxMAGOTI ERNEST
Although Artemia has been known to man for centuries, its use as a food for the culture of larval organisms apparently began only in the 1930s, when several investigators found that it made an excellent food for newly hatched fish larvae (Litvinenko et al., 2023). As aquaculture developed in the 1960s and ‘70s, the use of Artemia also became more widespread, due both to its convenience and to its nutritional value for larval organisms (Arenas-Pardo et al., 2024). The fact that Artemia dormant cysts can be stored for long periods in cans, and then used as an off-the-shelf food requiring only 24 h of incubation makes them the most convenient, least labor-intensive, live food available for aquaculture (Sorgeloos & Roubach, 2021). The nutritional value of Artemia, especially for marine organisms, is not constant, but varies both geographically and temporally. During the last decade, however, both the causes of Artemia nutritional variability and methods to improve poorquality Artemia have been identified (Loufi et al., 2024).
Brine shrimp (Artemia spp.) are used in marine aquaculture worldwide. Annually, more than 2,000 metric tons of dry cysts are used for cultivation of fish, crustacean, and shellfish larva. Brine shrimp are important to aquaculture because newly hatched brine shrimp nauplii (larvae) provide a food source for many fish fry (Mozanzadeh et al., 2021). Culture and harvesting of brine shrimp eggs represents another aspect of the aquaculture industry. Nauplii and metanauplii of Artemia, commonly known as brine shrimp, play a crucial role in aquaculture due to their nutritional value and suitability as live feed for many aquatic species, particularly in larval stages (Sorgeloos & Roubach, 2021).
2. Chapter Three:
Introduction to Law and Intellectual Property
• Law
• Types of law
• Statutes and Treaties
• Case Law
• Agency Regulations and Executive Orders
• Local Laws
• Intellectual Property
• World Intellectual Property Organization
4/12/2014 2
3. What is Law?
• Law is a body of rules and system of action or conduct
prescribed by controlling authority, usually enforced
through a set of institutions and must be obeyed and
followed by citizens.
• It shapes politics, economics and society in numerous ways
and serves as a primary social mediator of relations
between people.
• It can be seen as a body of rules or conduct; binding legal
force and effect, prescribed, recognized, and enforced by
controlling authority.
• In ETH. Eg, law refers to any rule that if broken subjects a
party to criminal punishment or civil liability.4/12/2014
4. What is Law? (Cont.)
• Laws in the ETH are made by federal, state, and local
legislatures, judges, the president, state governors, and
administrative agencies.
• It is a mosaic or pattern of statutes, treaties, case law,
administrative agency regulations, executive orders, and
local laws.
• New laws are regularly introduced, old laws are repealed,
and existing laws are modified, so the precise definition of
a particular law may be different in the future from what it
is today; even in other countries
4/12/2014 4
5. Types of law
• When we look at the types of law from the
perspective of how they are created or where
they come from. Fundamentally, we can say
there are three types of laws based on there
sources:
• i. Legislative process law
• ii. Court-made law
• iii. Agency-made law
4/12/2014 5
6. Types of law (Cont.)
• Statutory Law or legislative process law
• is derived from Congress debate on issues affecting
citizens; then executive gives approval or Veto on such
issues and pass as laws.
• Court-Made Law (Common Law)
• is the law made by courts.
• Common law evolves narrowly, slowly, with occasional
major decisions.
• A court decides the specific issue before it and no more.
4/12/2014 6
7. Types of law (Cont.)
• Agency-made law
• Generally courts follow previous decisions made by the
state and regarded as guide already set.
• This is viewed as predictability.
• Courts will also, however, depart when circumstances
require, thereby providing flexibility.
• While sister courts look upon a different court's decision
with a more critical approach and relax its law.
• A lower court must follow the guide from courts above it
and the same court might even change its mind.
4/12/2014 7
8. Types of law (Cont.)
• Categorization of laws as generated in countries of the
world:
• 1. Contract law, which regulates everything from buying a
bus ticket to trading on derivatives markets.
• 2. Property law defines rights and obligations related to
the transfer and title of personal (often referred to as
chattel) and real property.
• 3. Trust law applies to assets held for investment and
financial security.
• 4. Tort law allows claims for compensation if a person's
rights or property are harmed.
4/12/2014 8
9. Types of law (Cont.)
• If the harm is criminalised in a statute, criminal offers
means by which the state can prosecute the perpetrator.
• 5. Constitutional law provides a framework for the
creation of law, the protection of human rights and
the election of political representatives.
• 6. Administrative law is used to review the decisions
of government agencies.
• 7. International law governs affairs between Sovereign
States in activities ranging from trade to environmental
regulation or military action.
4/12/2014 9
10. Statutes and Treaties
• After the federal Constitution, the highest laws are written
laws, or statutes, passed by elected federal lawmakers.
• States have their own constitution and statutes.
• Federal laws generally involve matters that concern the
entire country.
• State laws generally do not reach beyond the borders of
the state.
4/12/2014 10
11. Statutes and Treaties (Cont.)
• Federal statutes are passed by Congress and signed into
law by the president.
• State statutes are passed by state legislatures and approved
by the governor.
• If a president or governor vetoes, or rejects, a proposed
law, the legislature may override the veto if at least two-
thirds of the members of each house of the legislature vote
for the law.
• Statutes are contained in statutory codes at the federal and
state levels.
• These statutory codes are available in many public libraries,
in law libraries, and in some government buildings, such as
courthouses.4/12/2014 11
12. Statutes and Treaties (Cont.)
• On the federal level, the president has the power to enter
into treaties, with the advice and consent of Congress.
• Treaties are agreements with sovereign nations concerning
a wide range of topics such as environmental protection
and the manufacture of nuclear missiles.
• Most treaties are concerned with the actions of
government employees, but treaties also apply to private
citizens.
4/12/2014 12
13. Case Law (Cont.)
• Statutes are the primary source of law, and the power to
enact statutes is reserved to elected lawmakers.
• However, judicial decisions also have the force of law.
• Statutes do not cover every conceivable case, and even
when a statute does control a case, the courts may need to
interpret it.
• Judicial decisions are known collectively as case law.
• A judicial decision legally binds the parties in the case, and
also may serve as a law in the same prospective sense as
does a statute.
• In other words, a judicial decision determines the outcome
of the particular case, and also may regulate future conduct
of all persons within the jurisdiction of the court.4/12/2014 13
14. Case Law (Cont.)
• The opinions of courts, taken together, comprise the
common law.
• When there is no statute specifically addressing a legal
dispute, courts look to prior cases for guidance.
• The issues, reasoning, and holdings of prior cases guide
courts in settling similar disputes.
• A prior opinion or collection of opinions on a particular
legal issue is known as precedent, and courts generally
follow precedent, if any, when deciding cases.
• Breaking with precedent may be justified when
circumstances or attitudes have changed, but following
precedent is the norm.
4/12/2014 14
15. Case Law (Cont.)
• This gives the common law a certain predictability and
consistency.
• The common law often controls civil matters, such as
contract disputes and personal injury cases (torts).
• Almost all criminal laws are statutory, so common law
principles are rarely applied in criminal cases.
• Sometimes courts hear challenges to statutes or
regulations based on constitutional grounds.
• Courts can make law by striking down part or all of a
particular piece of legislation.
• The Supreme Court has the power to make law binding
throughout the country on federal constitutional issues.4/12/2014 15
16. Case Law (Cont.)
• The highest court in each state has the same power to
interpret the state constitution and to issue holdings that
have the force of law.
• Occasionally courts create new law by departing from
existing precedent or by issuing a decision in a case
involving novel issues, called a case of first impression.
• If legislators disagree with the decision, they may nullify the
holding by passing a new statute.
• However, if the court believes that the new statute violates
a constitutional provision, it may strike down all or part of
the new law.4/12/2014 16
17. Case Law (Cont.)
• If courts and lawmakers are at odds, the precise law on a
certain topic can change over and over.
• When researching a legal issue, it is helpful to consult
relevant case law.
• The researcher first finds the relevant annotated statutes,
and then reads the cases that are listed under the statutes.
• Reading case law helps the researcher understand how the
courts interpret statutes, and also how the courts analyze
related issues that are not covered in the statutes.
• Volumes of case law can be found in some public libraries,
in law libraries, in courthouses, and in state government
buildings such as statehouses and state libraries.4/12/2014 17
18. Agency Regulations and Executive Orders
• Administrative agencies may also create laws.
• The federal and state constitutions implicitly give the
legislatures the power to create administrative agencies.
• Administrative agencies are necessary because lawmakers
often lack detailed knowledge about important issues, and
they need experts to manage the regulation of complex
subjects.
• On the federal level, for example, the Department of the
Interior is created by Congress to manage the nation's
natural resources.
• In creating the agency, Congress gave it power to
promulgate regulations concerning the use and protection
of natural resources.
4/12/2014 18
19. Agency Regulations… (Cont.)
• Administrative agency regulations have the force of law if
they have a binding effect on the rights and duties of
persons.
• For example, Interior Department regulations that prohibit
mining or logging in certain areas of the country are
considered law, even though they are not formulated by an
elected official or judge.
• Federal administrative agency rules are approved by
Congress, so ultimately they are a product of the will of
elected officials.
• Similarly, on the state and local levels, an administrative
agency may promulgate rules that have the force of law,
but only at the pleasure of the elected lawmakers that
created the agency.
4/12/2014 19
20. Agency Regulations… (Cont.)
• If an agency seeks to change a regulation, it must, in most
cases, inform the public of its intentions and provide the
public with an opportunity to voice concerns at a public
meeting.
• Not all agency regulations have the force of law.
• Agency rules that merely interpret other rules, state policy,
or govern organization, procedure, and practice need not
be obeyed by parties outside the agency.
• Some administrative agencies have quasi-judicial powers.
• That is, they have limited authority to hear disputes and
make binding decisions on matters relevant to the agency.4/12/2014 20
21. Agency Regulations… (Cont.)
• Executive orders are issued to interpret, implement, or administer
laws.
• On the federal level, executive orders are issued by the president or
by another executive branch official under the president's direction.
• Executive orders range from commands for detailed changes in
federal administrative agency procedures to commands for military
action.
• To have the force of law, a federal executive order must be published
in the Federal Register, the official government publication of
executive orders and federal administrative agency regulations.
• On the state level, governors have similar authority to make laws
concerning state administrative agencies and state military
personnel.4/12/2014 21
22. Local Laws
• Local government areas or Counties, cities, and towns also have the
authority to make laws.
• Local laws are issued by elected lawmakers and local administrative
agencies.
• Local laws cannot conflict with state or federal laws.
• Decisions by local courts generally operate as law insofar as they
apply to the participants in the case.
• To a lesser extent, local court decisions may have a prospective effect.
• That is, a local court decision can operate as precedent, but only in
cases brought within the same jurisdiction.
• For example, a decision by a court in Jimma woreda may affect future
court cases in Jimma woreda, but it has no bearing on the law in any
other woreda.
• Local laws can be found in local courthouses, in local libraries, and in
state government libraries.
4/12/2014 22
23. Intellectual Property
• Intellectual property (IP) could be defined as any work of
authorship, invention, discovery, or other original creation
that may be protected by copyright, patent, trademark, or
other category of law.
• However, not all intellectual property law are handled in
the same way.
• Scholarly works are handled differently from inventions,
discoveries and ideas because the concerns about
protecting them are different.
• IP is divided into two categories: Industrial property,
which includes inventions (patents), trademarks, industrial
designs, and geographic indications of source;4/12/2014 23
24. Intellectual Property (Cont.)
• and Copyright, which includes literary and artistic works
such as novels, poems and plays, films, musical works,
artistic works such as drawings, paintings, photographs and
sculptures, and architectural designs.
• Rights related to copyright include those of performing
artists in their performances, producers of phonograms in
their recordings, and those of broadcasters in their radio
and television programs.
• The term intellectual property refers broadly to the
creations of the human mind.
• Intellectual property rights protect the interests of creators
by giving them property rights over their creations.4/12/2014 24
25. Intellectual Property (Cont.)
• The Convention Establishing the World Intellectual Property
Organization (1967) gives the following list of subject
matter protected by intellectual property rights:
• i. literary, artistic and scientific works;
• ii. performances of performing artists, phonograms, and
broadcasts;
• iii. inventions in all fields of human endeavor;
• iv. scientific discoveries;
• v. industrial designs;
• vi. trademarks, service marks, and commercial names and
designations;4/12/2014 25
26. Intellectual Property (Cont.)
• vii. protection against unfair competition; and
• viii. all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
• The importance of protecting intellectual property was first
recognized in the Paris Convention for the Protection of
Industrial Property in 1883 and the Berne Convention for
the Protection of Literary and Artistic Works in 1886.
• Both treaties are administered by the World Intellectual
Property Organization (WIPO).
4/12/2014 26
27. Intellectual Property (Cont.)
Countries generally have laws to protect
intellectual property for two main reasons.
• One is to give statutory expression to the moral
and economic rights of creators in their creations
and to the rights of the public in accessing those
creations.
• The second is to promote creativity, and the
dissemination and application of its results, and
to encourage fair trade, which would contribute
to economic and social development.
4/12/2014 27
28. The Role of WIPO
• The World Intellectual Property Organization (WIPO) is an
international organization dedicated to ensuring that the
rights of creators and owners of intellectual property are
protected worldwide, and that inventors and authors are
thus recognized and rewarded for their ingenuity.
• As a specialized agency of the United Nations, WIPO exists
as a forum for its Member States to create and harmonize
rules and practices to protect intellectual property rights.
• Most industrialized nations have protection systems that
are centuries old.
• Many new and developing countries, however, are now
building up their patent, trademark and copyright laws and
systems.4/12/2014 28
29. The Role of WIPO (Cont.)
• With the rapid globalization of trade during the last decade,
WIPO plays a key role in helping these new systems to
evolve through treaty negotiation, legal and technical
assistance, and training in various forms, including in the
area of enforcement of intellectual property rights.
• The field of copyright and related rights has expanded
dramatically as technological developments have brought
new ways of disseminating creations worldwide through
such forms of communication as satellite broadcasting,
compact discs, DVDs and the Internet.
• WIPO is closely involved in the on-going international
debate to shape new standards for copyright protection in
cyberspace.
4/12/2014 29
30. The Role of WIPO (Cont.)
• WIPO administers the following international treaties on
copyright and related rights:
• i. Berne Convention for the Protection of Literary and
Artistic Works
• ii. Brussels Convention Relating to the Distribution of
Program-Carrying Signals Transmitted by Satellite
• iii. Geneva Convention for the Protection of Producers of
Phonograms Against Unauthorized Duplication of Their
Phonograms
• iv. Rome Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting
Organizations4/12/2014 30
31. The Role of WIPO (Cont.)
• v. WIPO Copyright Treaty (WCT)
• vi. WIPO Performances and Phonograms Treaty
(WPPT)
• vii. WIPO also provides an Arbitration and
Mediation Center, which offers services for the
resolution of international commercial disputes
between private parties involving intellectual
property.
4/12/2014 31
32. The Role of WIPO (Cont.)
• The subject matter of these proceedings includes
both contractual disputes (such as patent and
software licenses, trademark coexistence
agreements, and research and development
agreements) and non-contractual disputes (such
as patent infringement).
• viii.The Center is also now recognized as the
leading dispute resolution service provider for
disputes arising out of the abusive registration
and use of Internet domain names.4/12/2014 32