1.
Bill (law)
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A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, once a bill has been enacted into law, it is called an Act or a statute. The term bill is used in the United States and the Commonwealth. In the United Kingdom, the subparts of a bill are known as clauses while the subparts of an Act are known as sections, the preparation of a bill may involve the production of a draft bill prior to the introduction of the bill into the legislature. In the United Kingdom, draft Bills are frequently considered to be confidential, in the British/Westminster system, where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by the executive. In principle, the legislature meets to consider the demands of the executive, while mechanisms exist to allow other members of the legislature to introduce bills, these are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from the legislature, Bills can be introduced using the following procedures, Leave, A motion is brought before the chamber asking that leave be given to bring in a bill. This is used in the British system in the form of the Ten Minute Rule motion, the legislator has 10 minutes to propose a bill, which can then be considered by the House on a day appointed for the purpose. While this rule remains in place in the rules of procedure of the US Congress, government motion, In jurisdictions where the executive can control legislative business a bill may be brought in by executive fiat. Bills are generally considered through a number of readings and this refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice, in the British/Westminster system, a bill is read the first time when it is introduced. This is accompanied by an order that the bill be printed and considered again, at the second reading the general merits of the bill are considered – it is out of order to criticise a bill at this stage for technical defects in drafting. After the second reading the bill is referred to a committee, the committee reports to the legislature, at which stage further amendments are proposed. Finally a third reading debate at which the bill as amended is considered in its entirety, in a bicameral legislature the process is repeated in the other house, before the Bill is submitted to the executive for approval. Where a piece of legislation is termed an act, the process of a bill becoming law may be termed enactment. Once a bill is passed by the legislature, it may become law, or it may need need further approval. Bills passed by the usually require the approval of the executive such as the monarch, president. In parliamentary systems, approval is normally a formality, since the head is directed by an executive controlled by the legislature
2.
Legislature
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A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments, in the separation of model, they are often contrasted with the executive. Laws enacted by legislatures are known as legislation, legislatures observe and steer governing actions and usually have exclusive authority to amend the budget or budgets involved in the process. The members of a legislature are called legislators, each chamber of legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a number of legislators present to carry out these activities. Some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of small selections of the legislators. The members of a legislature usually represent different political parties, the members from each party generally meet as a caucus to organize their internal affairs, the internal organization of a legislature is also shaped by the informal norms that are shared by its members. Legislatures vary widely in the amount of power they wield, compared to other political players such as judiciaries, militaries. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures, such a system renders the legislature more powerful. Legislatures will sometime delegate their legislative power to administrative or executive agencies, legislatures are made up of individual members, known as legislators, who vote on proposed laws. For example, a legislature that has 100 seats has 100 members, by extension, an electoral district that elects a single legislator can also be described as a seat, as, for, example, in the phrases safe seat and marginal seat. In parliamentary systems of government, the executive is responsible to the legislature which may remove it with a vote of no confidence, names for national legislatures include parliament, congress, diet and assembly. A legislature which operates as a unit is unicameral, one divided into two chambers is bicameral, and one divided into three chambers is tricameral. In bicameral legislatures, one chamber is considered the upper house. In federations, the upper house typically represents the component states. This is a case with the legislature of the European Union. Tricameral legislatures are rare, the Massachusetts Governors Council still exists, tetracameral legislatures no longer exist, but they were previously used in Scandinavia. Legislatures vary widely in their size, among national legislatures, Chinas National Peoples Congress is the largest with 2987 members, while Vatican Citys Pontifical Commission is the smallest with 7
3.
Government
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A government is the system by which a state or community is controlled. In the Commonwealth of Nations, the government is also used more narrowly to refer to the collective group of people that exercises executive authority in a state. This usage is analogous to what is called an administration in American English, finally, government is also sometimes used in English as a synonym for governance. In the case of its broad definition, government normally consists of legislators, administrators. Government is the means by which state policy is enforced, as well as the mechanism for determining the policy of the state. A form of government, or form of governance, refers to the set of political systems. Government of any kind currently affects every human activity in many important ways, in political science, it has long been a goal to create a typology or taxonomy of polities. as typologies of political systems are not obvious. It is especially important in the science fields of comparative politics. On the surface, identifying a form of government appears to be simple, the United States is a constitutional republic, while the former Soviet Union was a socialist republic. However self-identification is not objective, and as Kopstein and Lichbach argue, for example, elections are a defining characteristic of an electoral democracy, but in practice elections in the former Soviet Union were not free and fair and took place in a one-party state. Voltaire argued that the Holy Roman Empire is neither Holy, nor Roman, many governments that officially call themselves a democratic republic are not democratic, nor a republic, they are usually a dictatorship de facto. Communist dictatorships have been prone to use this term. For example, the name of North Vietnam was The Democratic Republic of Vietnam. China uses a variant, The Peoples Republic of China, thus in many practical classifications it would not be considered democratic. Experience with those movements in power, and the ties they may have to particular forms of government. For example, The meaning of conservatism in the United States has little in common with the way the words definition is used elsewhere, as Ribuffo notes, what Americans now call conservatism much of the world calls liberalism or neoliberalism. Since the 1950s conservatism in the United States has been associated with the Republican Party. However, during the era of segregation many Southern Democrats were conservatives, values are sorted from 1–100 based on level of democracy and political accountability
4.
Westminster system
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The Westminster system is a parliamentary system of government modelled after that which developed in the United Kingdom. This term comes from the Palace of Westminster, the seat of the British parliament, the system is a series of procedures for operating a legislature. However, some colonies have since adopted either the presidential system or a hybrid system as their form of government. Examples include Queen Elizabeth II, the governors-general in Commonwealth realms, or the presidents of many countries, exceptions to this are Ireland and Israel, whose presidents are de jure and de facto ceremonial, and the latter possesses no reserve powers whatsoever. A head of government, known as the minister, premier. While the head of state appoints the head of government, constitutional convention suggests that a majority of elected Members of Parliament must support the person appointed. If more than half of elected parliamentarians belong to the political party. An exception to this was Israel, in which direct prime-ministerial elections were made in 1996,1999 and 2001, an independent, non-partisan civil service which advises on, and implements, decisions of those ministers. Civil servants hold permanent appointments and can expect merit-based selection processes, a parliamentary opposition with an official Leader of the Opposition. A legislature, often bicameral, with at least one elected house – although unicameral systems also exist, a lower house of parliament with an ability to dismiss a government by withholding Supply, passing a motion of no confidence, or defeating a confidence motion. The Westminster system enables a government to be defeated or forced into a general election independently, a parliament which can be dissolved and snap elections called at any time. Another parallel system of principles also exists known as equity. Exceptions to this include India, Quebec in Canada, and Scotland in the UK amongst others which mix common law with legal systems. Unlike the uncodified British constitution, most countries use the Westminster system have codified the system, at least in part. The pattern of executive functions within a Westminster System is quite complex, in essence, the head of state, usually a monarch or president, is a ceremonial figurehead who is the theoretical, nominal or de jure source of executive power within the system. In practice, such a figure does not actively exercise executive powers, in the United Kingdom, the sovereign theoretically holds executive authority, even though the Prime Minister of the United Kingdom and the Cabinet effectively implement executive powers. In a parliamentary republic like India, the President is the de jure executive, even though executive powers are essentially instituted by the Prime Minister of India and the Council of Ministers. In Israel, however, executive power is vested de jure and de facto in the cabinet, as an example, the Prime Minister and Cabinet generally must seek the permission of the head of state when carrying out executive functions
5.
Act of Parliament
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Acts of Parliament, also called primary legislation, are statutes passed by a parliament. Act of the Oireachtas is an equivalent term used in the Republic of Ireland where the legislature is known by its Irish name. It is also comparable to an Act of Congress in the United States, a draft Act of Parliament is known as a bill. In territories with a Westminster system, most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a paper, setting out the issues. A bill may also be introduced into parliament without formal government backing, in territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by convention or by law. For example, bills imposing a tax, or involving public expenditure, are introduced into the House of Commons in the United Kingdom, Canadas House of Commons, conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords. Once introduced, a bill must go through a number of stages before it can become law, in theory, this allows the bills provisions to be debated in detail, and for amendments to the original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber, broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the bill receives assent, in most territories this is merely a formality. In some countries, such as in Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government, again, the second reading of a Government bill is usually approved. A defeat for a Government bill on this reading signifies a major loss, if the bill is read a second time, it is then considered in detail Consideration in detail, This usually takes place on the floor of the House. Generally, committees sit on the floor of the House and consider the bill in detail, third reading, A debate on the final text of the bill, as amended. Very rarely do debates occur during this stage, passage, The bill is then sent to the other House, which may amend it. If the other House amends the bill, the bill and amendments are posted back to the original House for a further stage, the State of Queenslands Parliament is unicameral and skips this and the rest of the stages. Consideration of Senate/Representatives amendments, The House in which the bill originated considers the amendments made in the other House and it may agree to them, amend them, propose other amendments in lieu, or reject them. However, the Senate may not amend money bills, though it can request the House to make amendments, a bill may pass backwards and forwards several times at this stage, as each House amends or rejects changes proposed by the other
6.
Separation of powers
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The separation of powers, often imprecisely and metonymically used interchangeably with the trias politica principle, is a model for the governance of a state. The typical division of branches is into a legislature, an executive, and it can be contrasted with the fusion of powers in some parliamentary systems where the executive and legislature are unified. Separation of powers, therefore, refers to the division of responsibilities into distinct branches to any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks, aristotle first mentioned the idea of a mixed government or hybrid government in his work Politics where he drew upon many of the constitutional forms in the city-states of Ancient Greece. In the Roman Republic, the Roman Senate, Consuls and the Assemblies showed an example of a government according to Polybius. John Calvin favoured a system of government that divided political power between democracy and aristocracy, Calvin appreciated the advantages of democracy, stating, It is an invaluable gift if God allows a people to elect its own government and magistrates. In this way, Calvin and his followers resisted political absolutism, Calvin aimed to protect the rights and the well-being of ordinary people. In 1620, a group of English separatist Congregationalists and Anglicans founded Plymouth Colony in North America, enjoying self-rule, they established a bipartite democratic system of government. Massachusetts Bay Colony, Rhode Island, Connecticut, New Jersey, books like William Bradfords History of Plymoth Plantation were widely read in England. So the form of government in the colonies was well known in the mother country, the term tripartite system is ascribed to French Enlightenment political philosopher Baron de Montesquieu. In The Spirit of the Laws, Montesquieu described the separation of power among a legislature, an executive. Montesquieus approach was to present and defend a form of government which was not excessively centralized in all its powers to a monarch or similar ruler. He based this model on the Constitution of the Roman Republic, Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power. In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, Montesquieu did actually specify that the independence of the judiciary has to be real, and not apparent merely. The judiciary was generally seen as the most important of powers, independent and unchecked, typically this was accomplished through a system of checks and balances, the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Constitutions with a degree of separation of powers are found worldwide. The UK system is distinguished by a particular entwining of powers, a number of Latin American countries have electoral branches of government. Countries with little separation of power include New Zealand and Canada, Canada makes limited use of separation of powers in practice, although in theory it distinguishes between branches of government
7.
Judiciary
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The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes, in some nations, under doctrines of separation of powers, the judiciary generally does not make law or enforce law, but rather interprets law and applies it to the facts of each case. In other nations, the judiciary can make law, known as Common Law, by setting precedent for other judges to follow, the Judiciary is often tasked with ensuring equal justice under law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review, Judges constitute a critical force for interpretation and implementation of a constitution, thus de facto in common law countries creating the body of constitutional law. Budget of the judiciary in many transitional and developing countries is almost completely controlled by the executive, the latter undermines the separation of powers, as it creates a critical financial dependence of the judiciary. The proper national wealth distribution including the government spending on the judiciary is subject of the constitutional economics and it is important to distinguish between the two methods of corruption of the judiciary, the state, and the private. For instance, in France, the jurisprudence constante of the Court of Cassation or the Council of State is equivalent in practice with case law, in common law jurisdictions, courts interpret law, this includes constitutions, statutes, and regulations. They also make law based upon prior case law in areas where the legislature has not made law, for instance, the tort of negligence is not derived from statute law in most common law jurisdictions. The term common law refers to this kind of law, in civil law jurisdictions, courts interpret the law, but are prohibited from creating law, and thus do not issue rulings more general than the actual case to be judged. Jurisprudence plays a role to case law. State courts, which try 98% of litigation, may have different names and organization, trial courts may be called courts of common plea, appellate courts superior courts or commonwealth courts. The judicial system, whether state or federal, begins with a court of first instance, is appealed to an appellate court, and then ends at the court of last resort. In France, the authority on the interpretation of the law is the Council of State for administrative cases. In the Peoples Republic of China, the authority on the interpretation of the law is the National Peoples Congress. Other countries such as Argentina have mixed systems that include lower courts, appeals courts, a cassation court, in this system the Supreme Court is always the final authority, but criminal cases have four stages, one more than civil law does. On the court sits a total of nine justices and this number has been changed several times. Japans process for selecting judges is longer and more stringent than the process in the United States, assistant judges are appointed from those who have completed their training at the Legal Training and Research Institute located in Wako. Once appointed, assistant judges still may not qualify to sit alone until they have served for five years, Judges require ten years of experience in practical affairs, as a public prosecutor or practicing attorney
8.
Constitutional law
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Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land and these may include customary law, conventions, statutory law, judge-made law, or international rules and norms. Constitutional law deals with the principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax, other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause. In most nations, including the United States, constitutional law is based on the text of a document ratified at the time the nation came into being, Constitutional laws may often be considered second order rule making or rules about making rules to exercise power. It governs the relationships between the judiciary, the legislature and the executive with the bodies under its authority, one of the key tasks of constitutions within this context is to indicate hierarchies and relationships of power. Human rights or civil liberties form a part of a countrys constitution. Most jurisdictions, like the United States and France, have a codified constitution, a recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter and these are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. Some countries like the United Kingdom have no entrenched document setting out fundamental rights, in those jurisdictions the constitution is composed of statute, case law, a case named Entick v. Carrington is a constitutional principle deriving from the common law. John Enticks house was searched and ransacked by Sherriff Carrington, Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. The court, led by Lord Camden stated that, The great end and that right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, if no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment. The commonwealth and the civil law jurisdictions do not share the same constitutional law underpinnings, another main function of constitutions may be to describe the procedure by which parliaments may legislate. For instance, special majorities may be required to alter the constitution, in bicameral legislatures, there may be a process laid out for second or third readings of bills before a new law can enter into force. Alternatively, there may further be requirements for maximum terms that a government can keep power before holding an election, Constitutional law is a major focus of legal studies and research. The doctrine of the rule of law dictates that government must be conducted according to law and this was first established by British legal theorist A. V. Dicey. Dicey’s rule of law formula consists of three classic tenets, the first is that the regular law is supreme over arbitrary and discretionary powers
9.
Referendum
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A referendum is a direct vote in which an entire electorate is asked to vote on a particular proposal. This may result in the adoption of a new law, in some countries it is synonymous with a plebiscite or a vote on a ballot question. Some definitions of plebiscite suggest that it is a type of vote to change the constitution or government of a country, however, some other countries define it differently. For example, Australia defines referendum as a vote to change the constitution, the addition of the verb sum to a gerundive, denotes the idea of necessity or compulsion, that which must be done, rather than that which is fit for doing). This determines the form of the plural in English, which according to English grammar should be referendums, the use of referenda as a plural form in English is thus insupportable according to the rules of both Latin and English grammar alike. The Latin plural gerundive referenda, meaning things to be referred, compare also, Agenda those matters which must be driven forward, from ago, to drive, Memorandum, that matter which must be remembered, from memoro, to call to mind, etc. The name and use of the referendum is thought to have originated in the Swiss canton of Graubünden as early as the 16th century. Today, a referendum can also often be referred to as a plebiscite, for example, Australia defines referendum as a vote to change the constitution, and plebiscite as a vote that does not affect the constitution. In contrast, Ireland has only held one plebiscite, which was the vote to adopt its constitution. Of that which has most definitely already occurred and this is in line with Eamon De Valeras oft stated belief that the people do not have the right to do wrong which in this context means to reject his new Eire constitution. The term referendum covers a variety of different meanings, a referendum can be binding or advisory. In some countries, different names are used for two types of referendum. From a political-philosophical perspective, referendums are an expression of direct democracy, however, in the modern world, most referendums need to be understood within the context of representative democracy. Australia ranked second with dozens of referendums, a referendum usually offers the electorate a choice of accepting or rejecting a proposal, but this is not necessarily the case. In Switzerland, for example, multiple choice referendums are common and this question can be resolved by applying voting systems designed for single winner elections to a multiple-choice referendum. Swiss referendums get around this problem by offering a separate vote on each of the options as well as an additional decision about which of the multiple options should be preferred. In the Swedish case, in both referendums the winning option was chosen by the Single Member Plurality system, in other words, the winning option was deemed to be that supported by a plurality, rather than an absolute majority, of voters. In the 1977, Australian referendum, the winner was chosen by the system of preferential instant-runoff voting, the 1992 New Zealand poll, was counted under the two-round system, as were polls in Newfoundland and Guam, for example
10.
Legislative bill
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A bill is proposed legislation under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, once a bill has been enacted into law, it is called an Act or a statute. The term bill is used in the United States and the Commonwealth. In the United Kingdom, the subparts of a bill are known as clauses while the subparts of an Act are known as sections, the preparation of a bill may involve the production of a draft bill prior to the introduction of the bill into the legislature. In the United Kingdom, draft Bills are frequently considered to be confidential, in the British/Westminster system, where the executive is drawn from the legislature and usually holds a majority in the lower house, most bills are introduced by the executive. In principle, the legislature meets to consider the demands of the executive, while mechanisms exist to allow other members of the legislature to introduce bills, these are subject to strict timetables and usually fail unless a consensus is reached. In the US system, where the executive is formally separated from the legislature, Bills can be introduced using the following procedures, Leave, A motion is brought before the chamber asking that leave be given to bring in a bill. This is used in the British system in the form of the Ten Minute Rule motion, the legislator has 10 minutes to propose a bill, which can then be considered by the House on a day appointed for the purpose. While this rule remains in place in the rules of procedure of the US Congress, government motion, In jurisdictions where the executive can control legislative business a bill may be brought in by executive fiat. Bills are generally considered through a number of readings and this refers to the historic practice of the clerical officers of the legislature reading the contents of a bill to the legislature. While the bill is no longer read, the motions on the bill still refer to this practice, in the British/Westminster system, a bill is read the first time when it is introduced. This is accompanied by an order that the bill be printed and considered again, at the second reading the general merits of the bill are considered – it is out of order to criticise a bill at this stage for technical defects in drafting. After the second reading the bill is referred to a committee, the committee reports to the legislature, at which stage further amendments are proposed. Finally a third reading debate at which the bill as amended is considered in its entirety, in a bicameral legislature the process is repeated in the other house, before the Bill is submitted to the executive for approval. Where a piece of legislation is termed an act, the process of a bill becoming law may be termed enactment. Once a bill is passed by the legislature, it may become law, or it may need need further approval. Bills passed by the usually require the approval of the executive such as the monarch, president. In parliamentary systems, approval is normally a formality, since the head is directed by an executive controlled by the legislature
11.
New International Encyclopedia
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The New International Encyclopedia was an American encyclopedia first published in 1902 by Dodd, Mead and Company. It descended from the International Cyclopaedia and was updated in 1906,1914 and 1926, the New International Encyclopedia was the successor of the International Cyclopaedia. Initially, the International Cyclopaedia was largely a reprint of Aldens Library of Universal Knowledge, the local Cyclopaedia was much improved by editors Harry Thurston Peck and Selim Peabody. The title was changed to New International Encyclopedia in 1902, with editors Harry Thurston Peck, Daniel Coit Gilman, in 1906 the New International Encyclopedia was expanded from 17 volumes to 20. The 2nd edition appeared in 1914 in 24 volumes, set up from new type and it was very strong in biography. The 1926 material was printed in Cambridge, Massachusetts, by The University Press, boston Bookbinding Company of Cambridge produced the covers. Thirteen books enclosing twenty-three volumes comprise the encyclopedia, which includes a supplement after Volume 23, each book contains about 1600 pages. A great deal of material is recorded in the New International Encyclopedia. An early description of Adolf Hitler and his activities from 1920 to 1924 is in the supplement to the 1926 edition, many of the names used to describe the scientific identities of plants and animals are now obsolete. Numerous colorful maps which display the nations, states, colonies, the maps are valuable for their depictions of national and colonial borders in Europe, Asia, and Africa at the time of World War I. Drawings, illustrations, and photographs are plentiful, more than 500 men, and some women, submitted and composed the information contained in the New International Encyclopedia. Editors of the First Edition Daniel Coit Gilman, LL. D, President of Johns Hopkins University, President of Carnegie Institution. Frank Moore Colby, M. A. formerly Professor in New York University, editors of the Second Edition Frank Moore Colby, M. A. Talcott Williams, LL. D. Director of the School of Journalism, Columbia University, media related to New International Encyclopedia at Wikimedia Commons 1914 second ed
12.
Law
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Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law as a system helps regulate and ensure that a community show respect, private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, the law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Islamic Sharia law is the worlds most widely used religious law, the adjudication of the law is generally divided into two main areas referred to as Criminal law and Civil law. Criminal law deals with conduct that is considered harmful to social order, Civil law deals with the resolution of lawsuits between individuals or organizations. Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis. Law also raises important and complex issues concerning equality, fairness, there is an old saying that all are equal before the law, although Jonathan Swift argued that Laws are like cobwebs, which may catch small flies, but let wasps and hornets break through. In 1894, the author Anatole France said sarcastically, In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread. Writing in 350 BC, the Greek philosopher Aristotle declared, The rule of law is better than the rule of any individual, mikhail Bakunin said, All law has for its object to confirm and exalt into a system the exploitation of the workers by a ruling class. Cicero said more law, less justice, marxist doctrine asserts that law will not be required once the state has withered away. Regardless of ones view of the law, it today a completely central institution. Numerous definitions of law have been put forward over the centuries, at the same time, it plays only one part in the congeries of rules which influence behavior, for social and moral rules of a less institutionalized kind are also of great importance. There have been attempts to produce a universally acceptable definition of law. In 1972, one indicated that no such definition could be produced. McCoubrey and White said that the question what is law, glanville Williams said that the meaning of the word law depends on the context in which that word is used. He said that, for example, early customary law and municipal law were contexts where the law had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word law and it is possible to take the view that there is no need to define the word law. The history of law links closely to the development of civilization, Ancient Egyptian law, dating as far back as 3000 BC, contained a civil code that was probably broken into twelve books
13.
Administrative law
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Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a regulatory agenda. Administrative law is considered a branch of public law, civil law countries often have specialized courts, administrative courts, that review these decisions. In Brazil, unlike most Civil-law jurisdictions, there is no specialized court or section to deal with administrative cases, in 1998, a constitutional reform, led by the government of the President Fernando Henrique Cardoso, introduced regulatory agencies as a part of the executive branch. The President of the Republic exercises the function, in collaboration with several Ministries or other authorities with ministerial rank. Each Ministry has one or more under-secretary that performs through public services the actual satisfaction of public needs, there is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review. Administrative law in the Peoples Republic of China was virtually non-existent before the reform era initiated by Deng Xiaoping. In 1990, the Administrative Supervision Regulations and the Administrative Reconsideration Regulations were passed, the three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law was passed, followed by the Administrative Penalties Law in 1996, Administrative Compulsory Law was enforced in 2012. Adiministrative Litigation Law was amended in 2014. The General Administrative Procedure Law is under way, the main administrative courts are the tribunaux administratifs and appeal courts are the cours administratives dappel. Special administrative courts include the National Court of Asylum Right as well as military, the French body of administrative law is called droit administratif. It is a part of the law, which deals with the organization, the tasks. Administrative law in Germany follows three basic principles, principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. The general administration law is ruled in the Administrative Procedures Law. Other legal sources are the Rules of the Administrative Courts, the security code. The Verwaltungsverfahrensgesetz, which was enacted in 1977, regulates the main administrative procedures of the federal government and it serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities, the VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. One of the clause is §35 VwVfG
14.
Contract
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A contract is a voluntary arrangement between two or more parties that is enforceable by law as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition, Contract law concerns the rights and duties that arise from agreements. A contract arises when the parties agree that there is an agreement, formation of a contract generally requires an offer, acceptance, consideration, and a mutual intent to be bound. Each party to a contract must have capacity to enter the agreement, minors, intoxicated persons, and those under a mental affliction may have insufficient capacity to enter a contract. Some types of contracts may require formalities, such as a memorialization in writing, at common law, the elements of a contract are offer, acceptance, intention to create legal relations, and consideration. Not all agreements are necessarily contractual, as the parties generally must be deemed to have an intention to be legally bound, a so-called gentlemens agreement is one which is not intended to be legally enforceable, and which is binding in honour only. In order for a contract to be formed, the parties must reach mutual assent and this is typically reached through offer and an acceptance which does not vary the offers terms, which is known as the mirror image rule. An offer is a statement of the offerors willingness to be bound should certain conditions be met. If a purported acceptance does vary the terms of an offer, it is not an acceptance but a counteroffer and, therefore, the Uniform Commercial Code disposes of the mirror image rule in §2-207, although the UCC only governs transactions in goods in the USA. As a court cannot read minds, the intent of the parties is interpreted objectively from the perspective of a reasonable person and it is important to note that where an offer specifies a particular mode of acceptance, only an acceptance communicated via that method will be valid. Contracts may be bilateral or unilateral, a bilateral contract is an agreement in which each of the parties to the contract makes a promise or set of promises to each other. For example, in a contract for the sale of a home, less common are unilateral contracts in which one party makes a promise, but the other side does not promise anything. In these cases, those accepting the offer are not required to communicate their acceptance to the offeror, in a reward contract, for example, a person who has lost a dog could promise a reward if the dog is found, through publication or orally. The payment could be conditioned on the dog being returned alive. Those who learn of the reward are not required to search for the dog, but if someone finds the dog and delivers it, the High Court of Australia stated that the term unilateral contract is unscientific and misleading. In certain circumstances, a contract may be created. A contract is implied in fact if the circumstances imply that parties have reached an agreement even though they have not done so expressly, quantum meruit claims are an example. Carbolic, a firm, advertised a smoke ball marketed as a wonder drug that would, according to the instructions
15.
Criminal law
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Criminal law is the body of law that relates to crime. It regulates social conduct and proscribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety and it includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, the first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians, another important early code was the Code Hammurabi, which formed the core of Babylonian law. Only fragments of the criminal laws of Ancient Greece have survived, e. g. those of Solon. In Roman law, Gaiuss Commentaries on the Twelve Tables also conflated the civil and criminal aspects, assault and violent robbery were analogized to trespass as to property. Breach of such laws created an obligation of law or vinculum juris discharged by payment of compensation or damages. The criminal law of imperial Rome is collected in Books 47–48 of the Digest, the first signs of the modern distinction between crimes and civil matters emerged during the Norman Invasion of England. The development of the state dispensing justice in a court clearly emerged in the century when European countries began maintaining police services. From this point, criminal law had formalized the mechanisms for enforcement, Criminal law is distinctive for the uniquely serious potential consequences or sanctions for failure to abide by its rules. Every crime is composed of criminal elements, capital punishment may be imposed in some jurisdictions for the most serious crimes. Physical or corporal punishment may be imposed such as whipping or caning, individuals may be incarcerated in prison or jail in a variety of conditions depending on the jurisdiction. Length of incarceration may vary from a day to life, government supervision may be imposed, including house arrest, and convicts may be required to conform to particularized guidelines as part of a parole or probation regimen. Fines also may be imposed, seizing money or property from a convicted of a crime. Five objectives are widely accepted for enforcement of the law by punishments, retribution, deterrence. Jurisdictions differ on the value to be placed on each, retribution – Criminals ought to Be Punished in some way. This is the most widely seen goal, Criminals have taken improper advantage, or inflicted unfair detriment, upon others and consequently, the criminal law will put criminals at some unpleasant disadvantage to balance the scales. People submit to the law to receive the right not to be murdered and if people contravene these laws, thus, one who murders may be executed himself
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Deed
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For the British cargo ship, see SS Deed. For the reality series, see The Deed. A deed is any instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered. It is commonly associated with transferring title to property, the deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral, deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the descendant of the medieval charter. The traditional phrase signed, sealed and delivered refers to the practice of seals, however, agreements under seal are also called contracts by deed or specialty, in the United States, a specialty is enforceable without consideration. Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises. At common law, to be valid and enforceable, a deed must fulfill several requirements, It must state on its face that it is a deed and it must indicate that the instrument itself conveys some privilege or thing to someone. The grantor must have the ability to grant the thing or privilege. It must be executed by the grantor in presence of the number of witnesses. In some jurisdictions, a seal must be affixed to it, originally, affixing seals made persons parties to the deed and signatures optional, but seals are now outdated in most jurisdictions, so the signatures of the grantor and witnesses are primary. It must be delivered to and accepted by the grantee, conditions attached to the acceptance of a deed are known as covenants. A deed indented or indenture is one executed in two or more according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, in the transfer of real estate, a deed conveys ownership from the old owner to the new owner, and can include various warranties. The precise name and nature of these differ by jurisdiction. Often, however, the differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, the latter type of deed is usually known as a special warranty deed
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Equity (law)
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For much of its history, the English common law was principally developed and administered in the central royal courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. Equity was the given to the law which was administered in the Court of Chancery. The Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation, the reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a fusion fallacy, jurisdictions which have inherited the common law system differ in their current treatment of equity. Over the course of the 20th century some common law began to place less emphasis on the historical or institutional origin of substantive legal rules. In England, Australia, New Zealand and Canada, Equity remains a distinct body of law, the latter part of the 20th century saw increased debate over the utility of treating Equity as a separate body of law. These debates were labelled the fusion wars, after the Norman Conquest of England in the 11th century, royal justice came to be administered in three central courts, the Court of Kings Bench, the Court of Common Pleas, and the Exchequer. The common law developed in royal courts. To commence litigation in these courts, it was necessary to fit ones claim within a form of action. The plaintiff would purchase a writ in the Chancery, the head of which was the Lord Chancellor, where the law provided no remedy, litigants could sometimes appeal directly to the King. Eventually, the King would delegate resolution of these petitions to the Kings Council and these petitions were eventually delegated to the Lord Chancellor himself. Christianity did play a role in creating Common Law, however it does not have any control or power in the court of law, in the early history of the United States, common law was viewed as a birthright. Both the individual states and the government supported common law after the American Revolution. U. S. courts draw on decisions of English courts, individual state courts, Chancellors often had theological and clerical training and were well versed in Roman law and canon law. By the 15th century the power of Chancery was clearly recognised. Equity, as a body of rules, varied from Chancellor to Chancellor, after the end of the 17th century, only lawyers were appointed to the office of Chancellor. Over time, Equity developed a system of precedent much like its common-law cousin, one area in which the Court of Chancery assumed a vital role was the enforcement of uses, a role that the rigid framework of land law could not accommodate. This role gave rise to the distinction between legal and equitable interests
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Evidence (law)
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The law of evidence also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision, the trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum, quality, the rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed, the quality of proof is how reliable such evidence should be considered, important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are several types of evidence, depending on the form or source, Evidence governs the use of testimony, exhibits, documentary material, or demonstrative evidence, which are admissible in a judicial or administrative proceeding. The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy. The rules of evidence were developed several centuries and are based upon the rules from Anglo-American common law brought to the New World by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact and they are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result. Perhaps the most important of the rules of evidence is that, in general, there are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals in the United States and tribunals used in Australia to try health professionals, in every jurisdiction based on the English common law tradition, evidence must conform to a number of rules and restrictions to be admissible. Evidence must be relevant – that is, it must be directed at proving or disproving a legal element, however, the relevance of evidence is ordinarily a necessary condition but not a sufficient condition for the admissibility of evidence. For example, relevant evidence may be excluded if it is unfairly prejudicial, confusing, there is also general agreement that assessment of relevance or irrelevance involves or requires judgements about probabilities or uncertainties. Beyond that, there is little agreement, many legal scholars and judges agree that ordinary reasoning, or common sense reasoning, plays an important role. There is less agreement about whether or not judgements of relevance or irrelevance are defensible only if the reasoning that supports such judgements is made fully explicit. However, most trial judges would reject any such requirement and would say that some judgements can and must rest partly on unarticulated and unarticulable hunches, california Evidence Code section 352 also allows for exclusion to avoid substantial danger of undue prejudice. The United States has a complicated system of evidentiary rules, for example. In Professor Friedmans words, A trained judge would not need all these rules, and indeed, the law of evidence in systems that lack a jury is short, sweet, however, Friedmans views are characteristic of an earlier generation of legal scholars. Under English law, evidence that would otherwise be admissible at trial may be excluded at the discretion of the judge if it would be unfair to the defendant to admit it
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International law
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Public international law concerns the structure and conduct of sovereign states, analogous entities, such as the Holy See, and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, the field of study combines two main branches, the law of nations and international agreements and conventions. The Italian jurist Sir Alberico Gentili was the first to write on public international law and it is usually distinguished from private international law, which concerns the resolution of conflict of laws. The concept of nationalism became increasingly important as people began to see themselves as citizens of a nation with a distinct national identity. Men who take up arms against one another in public war do not cease on this account to be moral beings, responsible to one another and it does not admit of the use of poison in any way, nor of the wanton devastation of a district. It admits of deception, but disclaims acts of perfidy, and, in general, because international law is a relatively new area of law its development and propriety in applicable areas are often subject to dispute. Under article 38 of the Statute of the International Court of Justice, in addition, judicial decisions and teachings may be applied as subsidiary means for the determination of rules of law. International treaty law comprises obligations states expressly and voluntarily accept between themselves in treaties, customary international law is derived from the consistent practice of States accompanied by opinio juris, i. e. the conviction of States that the consistent practice is required by a legal obligation. Judgments of international tribunals as well as scholarly works have traditionally looked to as persuasive sources for custom in addition to direct evidence of state behavior. Attempts to codify customary international law picked up momentum after the Second World War with the formation of the International Law Commission, codified customary law is made the binding interpretation of the underlying custom by agreement through treaty. For states not party to treaties, the work of the ILC may still be accepted as custom applying to those states. General principles of law are commonly recognized by the major legal systems of the world. Certain norms of international law achieve the binding force of peremptory norms as to all states with no permissible derogations. Colombia v Perú ICJ6, recognising custom as a source of international law, belgium v Spain ICJ1, only the state where a corporation is incorporated has standing to bring an action for damages for economic loss. Where there are disputes about the meaning and application of national laws. The subjective approach, which takes into consideration i. the idea behind the treaty, ii. treaties in their context, what the writers intended when they wrote the text. A third approach, which bases itself on interpretation in the light of its object and purpose, i. e. the interpretation that best suits the goal of the treaty and these are general rules of interpretation, specific rules might exist in specific areas of international law. Greece v United Kingdom ICJ1, ICJ had no jurisdiction to hear a dispute between the UK government and a private Greek businessman under the terms of a treaty
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Property law
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Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property, movable property roughly corresponds to personal property, while immovable property corresponds to real estate or real property, and the associated rights, and obligations thereon. The concept, idea or philosophy of property underlies all property law, in some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. The word property, in usage, refers to an object owned by a person — a car, a book, or a cellphone —. In law, the concept acquires a more nuanced rendering, most broadly and concisely, property in the legal sense refers to the rights of people in or over certain objects or things. James Wilson, U. S. Supreme Court Justice and professor of law at the University of Pennsylvania, in 1790 and 1791, undertook a survey of the philosophical grounds of American property law. He proceeds from two premises, “Every crime includes an injury, every injury includes a violation of a right. ”The government’s role in protecting property depends upon an idea of right, Wilson traces the history of property in his essay On the History of Property. In his lecture, Of the natural rights of individuals, he articulates related contemporary theory. While he doubts this is so, he states, “In his unrelated state, man has a natural right to his property, to his character, to liberty. Or was it, by an establishment, to acquire a new security for the possession or the recovery of those rights…. ”He indicates a preference for the latter. In the opening sentence of On the History of Property, he quite clearly, “Property is the right or lawful power, which a person has to a thing. ”He then divides the right into three degrees, possession, the lowest, possession and use, and, possession, use. Further, he states, “Man is intended for action, useful and skilful industry is the soul of an active life. But industry should have her just reward and that reward is property, for of useful and active industry, property is the natural result. ”From this simple reasoning he is able to present the conclusion that exclusive, as opposed to communal property, is to be preferred. Wilson does, however, give a survey of communal property arrangements in history, not only in colonial Virginia, non-legally recognized or documented property rights are known as informal property rights. These informal property rights are non-codified or documented, but recognized among local residents to varying degrees, different parties may claim a competing interest in the same property by mistake or by fraud. For example, the party creating or transferring an interest may have a valid title, a court resolves the dispute by adjudicating the priorities of the interests. To transfer property is to such an act. Property rights are rights over things enforceable against all other persons, by contrast, contractual rights are rights enforceable against particular persons
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Bankruptcy
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Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, Bankruptcy is not the only legal status that an insolvent person may have, and the term bankruptcy is therefore not a synonym for insolvency. In some countries, including the United Kingdom, bankruptcy is limited to individuals, in the United States, bankruptcy is applied more broadly to formal insolvency proceedings. In France, the cognate French word banqueroute is used solely for cases of fraudulent bankruptcy, in Ancient Greece, bankruptcy did not exist. If a man owed and he could not pay, he and his wife, children or servants were forced into debt slavery, until the creditor recouped losses through their physical labour. Many city-states in ancient Greece limited debt slavery to a period of five years, debt slaves had protection of life and limb, which regular slaves did not enjoy. However, servants of the debtor could be retained beyond that deadline by the creditor and were forced to serve their new lord for a lifetime. An exception to rule was Athens, which by the laws of Solon forbade enslavement for debt, as a consequence. The Statute of Bankrupts of 1542 was the first statute under English law dealing with bankruptcy or insolvency, Bankruptcy is also documented in East Asia. According to al-Maqrizi, the Yassa of Genghis Khan contained a provision that mandated the death penalty for anyone who became bankrupt three times, a failure of a nation to meet bond repayments has been seen on many occasions. Philip II of Spain had to declare four state bankruptcies in 1557,1560,1575 and 1596, at the edge of Europe, Egypt, Russia, and Turkey have histories of chronic default as well. For private households, it is argued to be insufficient to merely dismiss debts after a certain period and it is important to assess the underlying problems and to minimize the risk of financial distress to re-occur. In most EU Member States, debt discharge is conditioned by a partial payment obligation, in the United States, discharge is conditioned to a lesser extent. The spectrum is broad in the EU, with the UK coming closest to the US system, the Other Member States do not provide the option of a debt discharge. It is almost impossible to discharge student loan debt by filing bankruptcy, unlike most other debtors, the individual with student debt must give a series of reasons and tests to prove that the debtor could not pay the debt. If the person were to file bankruptcy, he or she is encouraged to do so under Chapter 13. In order to avoid bankruptcy, one could negotiate with the lender to lower monthly payments, student loan bankruptcy is considered a last resort. However, some find themselves being forced to file bankruptcy, as the lender refused to lower payments
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Trade
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Trade, or commerce, involves the transfer of goods or services from one person or entity to another, often in exchange for money. A network that allows trade is called a market, the original form of trade, barter, saw the direct exchange of goods and services for other goods and services. Barter is trading things without the use of money, later one side of the barter started to involve precious metals, which gained symbolic as well as practical importance. Modern traders generally negotiate through a medium of exchange, such as money, as a result, buying can be separated from selling, or earning. The invention of money greatly simplified and promoted trade, Trade between two traders is called bilateral trade, while trade between more than two traders is called multilateral trade. Trade exists due to the specialization and division of labor, in which most people concentrate on an aspect of production. As such, trade at prices between locations can benefit both locations. Trade originated with human communication in prehistoric times, trading was the main facility of prehistoric people, who bartered goods and services from each other before the innovation of modern-day currency. Peter Watson dates the history of commerce from circa 150,000 years ago. In the Mediterranean region the earliest contact between cultures were of members of the species Homo sapiens principally using the Danube river, at a time beginning 35–30,000 BCE, Trade is believed to have taken place throughout much of recorded human history. There is evidence of the exchange of obsidian and flint during the stone age, Trade in obsidian is believed to have taken place in Guinea from 17,000 BCE. The earliest use of obsidian in the Near East dates to the Lower, Trade in the stone age was investigated by Robert Carr Bosanquet in excavations of 1901. Trade is believed to have first begun in south west Asia, obsidian was traded at distances of 900 kilometres within the Mediterranean region. Trade in the Mediterranean during the Neolithic of Europe was greatest in this material, networks were in existence at around 12,000 BCE Anatolia was the source primarily for trade with the Levant, Iran and Egypt according to Zarins study of 1990. Melos and Lipari sources produced among the most widespread trading in the Mediterranean region as known to archaeology, the Sari-i-Sang mine in the mountains of Afghanistan was the largest source for trade of Lapis Lazuli. The material was most largely traded during the Kassite period of Babylonia beginning 1595 BCE, ebla was a prominent trading centre during the third millennia, with a network reaching into Anatolia and north Mesopotamia. Materials used for creating jewelry were traded with Egypt since 3000 BCE, long-range trade routes first appeared in the 3rd millennium BCE, when Sumerians in Mesopotamia traded with the Harappan civilization of the Indus Valley. The Phoenicians were noted sea traders, traveling across the Mediterranean Sea, for this purpose they established trade colonies the Greeks called emporia
23.
Competition law
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Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement, Competition law is known as anti-trust law in the United States, and as anti-monopoly law in China and Russia. In previous years it has known as trade practices law in the United Kingdom. In the European Union, it is referred to as both antitrust and competition law, the history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, since the 20th century, competition law has become global. The two largest and most influential systems of regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support, modern competition law has historically evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states. National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation-state level, countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine. The protection of competition is governed by international competition agreements. These obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis. Competition law, or antitrust law, has three elements, prohibiting agreements or practices that restrict free trading and competition between business. This includes in particular the repression of trade caused by cartels. Banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position, Practices controlled in this way may include predatory pricing, tying, price gouging, refusal to deal, and many others. Supervising the mergers and acquisitions of large corporations, including joint ventures. Substance and practice of competition law varies from jurisdiction to jurisdiction, protecting the interests of consumers and ensuring that entrepreneurs have an opportunity to compete in the market economy are often treated as important objectives. In recent decades, competition law has been viewed as a way to better public services. An early example of competition law can be found in Roman law, the Lex Julia de Annona was enacted during the Roman Republic around 50 B. C. To protect the trade, heavy fines were imposed on anyone directly, deliberately
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Consumer protection
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The laws are designed to prevent the businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors. They may also provide protection for those most vulnerable in society. Consumer protection laws are a form of government regulation that aim to protect the rights of consumers, for example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue, such as food. A consumer is defined as someone who acquires goods or services for use or ownership rather than for resale or use in production. Consumer protection can also be asserted via non-government organizations and individuals as consumer activism, Consumer protection law or consumer law is considered an area of law that regulates private law relationships between individual consumers and the businesses that sell those goods and services. Its a way of preventing fraud and scams from service and sales contracts, bill collector regulation, pricing, utility turnoffs, consolidation, the following lists consumer legislation at the nation-state level. In the EU member states Germany and the United Kingdom there is also the applicability of law at the EU level to be considered, in Australia, the corresponding agency is the Australian Competition and Consumer Commission or the individual State Consumer Affairs agencies. The Australian Securities and Investments Commission has responsibility for consumer protection regulation of financial services, however, in practice it does so through privately run EDR schemes such as the Financial Ombudsman Service. Germany as a state of the European Union is bound by the consumer protection directives of the European Union. A minister of the cabinet is responsible for consumer rights. In the current cabinet of Angela Merkel, this is Heiko Maas.84,71 BVerwGE 183), in India The Consumer protection act,1986 is governing consumer protection. Appeal could be filed to the State Consumer Disputes Redress Commissions, in recent years, many effective judgment have been passed by some state and National Consumer Forums. The Sale of Goods Act of 1930 act provides some safeguards to buyers of goods if goods purchased do not fulfill the express or implied conditions, the Civil Code in Taiwan contains five books, General Principles, Obligations, Rights over Things, Family, and Succession. The second book of the Code, the Book of Obligations, the Consumer Protection Commission of Executive Yuan serves as an ombudsman supervising, coordinating, reporting any unsafe products/services and periodically reviewing the legislation. Specifics of the division of labour between the EU and the UK are detailed here, domestic laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where law is in question, the matter judicially treated as tort, contract. Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade, the Office of Fair Trading will then investigate, impose an injunction or take the matter to litigation. However, consumers cannot directly complain to the OFT, complaints need to be made to the Citizens Advice Consumer Service who will provide legal advice to complainants, or re-direct the individual complaint to Trading Standards for investigation
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