Brady case. It was a very similar case to Gideon's that had occurred twenty years earlier. Betts was charged with robbery in Maryland. In court he requested that the judge appoint a lawyer to him because he could not afford one on his own. The court did not provide one because traditionally they only appointed attorneys for defendants charged with murder or rape in that county.
The appellate court however, determined that he was within the scope of his employment and this cannot be sued personally. Reasoning: FRIEDLANDER, Judge stated he believed the trial court correctly concluded that the allegation of negligence upon which the Bushongs’ action is premised was against a government employee acting within the scope of his employment. Judge Friedlander quoted Ind. Code Ann. § 34-13-3-5(a) prohibits a lawsuit against a public employee for actions committed while the employee was acting within the scope of employment, for his reasoning to dissent or reverse judgement.
Note that attribution has little to do with a fair use, unlike plagiarism, copyright infringement or non-infringement does not depend on whether you give credit to the source from which you copied. Fair use is decided by the court on a case by case basis after balancing the four factors listed in section 107 of the Copyright Act. (teachingcopyright) 5.1. The Factor Of Fair Use a) The purpose and character of the
We cannot apply a theory universally to all the cases we come across. There will always be a great multitude of cases in which the fact situations are complex, and the laws cannot be applied directly. The corrective justice approach has a shortcoming when multiple defendants are involved and thus cannot be used so rigidly in some private law cases. The other aspects of private law which are more crucial should be applied instead. Justice is attained only when each case is looked at individually and laws are applied accordingly, so that a sense of fairness is maintained in our
In the common law, analogy, essentially, gets small recognition; it even lacks an official name. Yet analogy is the very core or seed of common-law growth. Rules change slowly, as courts extend or contract them using analogy. Edward Levi, in his valuable little book on legal reasoning, has given some good illustrations of the common-law use of analogy. Among these is the development of the concept of the ‘’inherently dangerous’’ object in tort law.
I have collaborated my study through the analysis of various case laws and have tried to prove and conclude through such an analysis why the doctrine of consideration is losing its relevance. II. Background The value and importance of consideration in common law has been stressed and spoken of time and again. In the words of Anson, “Consideration is not one of the several tests, it is the only test of the intention
ILS LAW COLLEGE DIPLOMA IN CORPORATE LAW Interface between IPR and Competition Law: The Indian Perspective ARTICLE REVIEW Mallika Shekhar III BSL.LLB Introduction This review is a study of two articles on the interface between IP Law and Competition law specifically in context of the Competition Act, 2002. The two articles bring out the traditional view that Intellectual Property Rights and Competition law are at odds with each other since the former designates boundaries within which competitors may exercise legal exclusivity (monopolies) over their innovation; therefore in principle, creating market power. IPRs are, therefore, at first sight, seen at variance
Week 1: The conflict of laws in a commercial context Discussion Question: Conflict of laws rules and their benefits The conflict of laws rules enter into play when a case brought before a court involves so-called foreign elements. Before entering into the case itself, the court has to address a series of preliminary issues in order to ascertain which law applied and how to handle the case it is dealing with. The conflict of laws rules are a fundamental pillar of cross-border activities, in that they provide a mechanism to obtain justice in The main questions to be answered relate to a) the jurisdiction of the court that is seized with a matter, i.e. is the court competent to rule on the case, and – if the answer to a) is affirmative –,
acts which do not constitute any infringement. Some examples are enumerated herewith. In case of Literary Works The following acts will not be regarded as infringement of copyright in case of literary works that is to say these are fair use of copyright relating to literary works - (a) The private use including research and criticism or review of the work; (b) Using work for the purpose of reporting current events in a newspaper, magazine or similar periodical; (c) Using work for the purpose of reporting current events by the means of broadcast or in a cinematograph film or by the means of photographs; (d) The reproduction of work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding; (e) The reproduction or publication of any work prepared by the Secretariat of a Legislature exclusively for the use of the members of that legislature; (f) The reproduction of work in a certified copy made or supplied in accordance with any law for the time being in force; (g) The reading or recitation in public of any reasonable extract from a published literary or dramatic work; (h) The reading or recitation in public of any reasonable extract from a published
This section states that a second appeal lies at the High Court if the court is satisfied that there is a substantial question of law involved. There is no inherent right to appeal that exists in all cases. The right come into existence as a matter of statute. This suggests that right to appeal is a substantive right. Therefore while deciding the question on the existence of the right, the statutory requirement, if any, must be fulfilled.