Administrative law is the body of law that governs the activities of administrative agencies of government which is distinguished from private law which originates from the activities of private individuals, corporations, and non-governmental entities. It deals with the decision-making of administrative units of government including tribunals, boards, and commissions that are part of a national regulatory scheme.
Rulemaking is a process used by executive agencies to create / promulgate regulations. In general, legislatures first set broad policy mandates by passing laws and agencies create more detailed regulations through rulemaking.
Takeovers or buyouts of the target company by another company either hostile or friendly. Acquisition usually refers to a purchase of a smaller firm by a larger one. Reverse takeover occurs when the target firm is larger than the bidding firm. In former Acquisition the companies cooperate in negotiations but on the other hand in hostile Acquisition the takeover target is unwilling.
A summary of the facts of legal case or legal argument, used in various legal systems presented to a court by one or both parties in a lawsuit.
- Trial briefs are presented at trial to resolve a disputed point of evidence.
- Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding.
- Appellate briefs refer to briefs that occur at the appeal stage.
- Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law.
Case law is the general term for the principles and rules of law set forth in judicial opinions from courts of law. It includes interpretations of court on:
- Statutes
- Constitutional Provisions,
- Administrative regulations
- Sometimes Law originating solely from the courts
Judges may refer to various types of persuasive authority to reach a decision in a case often published in print law reports or reporters.
It is editorially written synopsis of case, containing concise analysis and important law points for providing help in determination of issues.
Each Case Summary in broader way indicates mainly the Brief Overview of the court decision, the issues raised in court, the procedure followed by parties and then court and finally the conclusion of the litigation.
The code indicates the complete law/ legislation on a particular area/ field of law. It covers the complete system of law of a particular area. The code is generally divided into two categories namely:
- Civil Code
- Criminal Code
It is management of contracts made with
- Customers
- Vendors
- Partners
- Employees
And includes managing contract creating, execution, and analysis of terms and conditions in contracts and ensuring there fulfillment for the purpose of maximizing financial and operational performance and minimizing risk.
A contract is a legally binding agreement enforceable in a court of law. It is between the parties identified in the agreement to fulfill all the terms and conditions outlined in the agreement. Previously it was achieved through signature or performance, now days the forms of acceptance have expanded to include various forms of electronic signature.
Contracts can be Sales / Purchase contracts, Partnership Agreements, Trade Agreements, and IP Agreements, Lease Agreements, Service Agreements.
We are familiar to this term either at work / internet. The structured collection of records or data that is stored in a computer system, which can be accessed easily. With regular addition of new information and changes should also be fairly easy to input. In Legal system it is most common and useful tool for accessing latest Case Laws. The most common Databases used by lawyers are network based like Westlaw & LexisNexis.
The evaluation of business prospective with information of financial, legal and other important state of opposite party.
Due diligence must in every case be measured, reasonable investigation into a company, group of companies or individuals to obtain intelligence which allows you to make an informed decision based on what you have discovered, without being totally reliant on it.
It allows the parties in contract with dispute on conflict of law to agree on a specific forum in case of any litigation. The clause refers to a particular court in a jurisdiction agreed upon by the parties, specific kind of dispute resolution process like mediation or arbitration.
The majority of professionally drafted contracts addresses both issues, and contains clauses specifying both the forum and the law to be applied therein.
The summarized case facts and theories of liability argued to the jury and include names of expert witnesses, settlement demands and offers, and verdict amounts.
To know case value, attorneys take references of databases containing past jury verdicts like Casemaker, Westlaw or Lexis search.
The process of classifying and recovering information required as support in legal decision-making. It includes analysis of the facts of a problem and concludes with the application and communication of the results of the investigation.
The process differs from country to country depending upon its legal system. Broadly Legal Research involves finding of primary /secondary sources or authority of law, Statutes, legal dictionaries and legal encyclopedias.
Merger is a combination of two companies into one larger company that for enhance long-term profitability by expanding their operations. The merging companies have their mutual consent and commonly voluntary and involve stock exchange or cash payment to the target.
Different kind of Mergers:
Horizontal Merger: Between Two companies in direct competition and share the same product lines and markets.
Vertical Merger: A customer and company or a supplier and company.
Market-Extension Merger: Between two companies who sell the same products in different markets.
Product-Extension Merger: Between companies who are selling different but related products in the same market.
Conglomeration: Two companies that have no common business areas.
It asks the court to decide that certain evidence may or may not be presented to the jury at the trial. A motion in limine generally addresses issues which would be prejudicial for the jury to hear in open court, even if the other side makes a timely objection which is sustained, and the judge instructs the jury to disregard the evidence.
In most systems of patent law, constitutes all information that has been made available to the public in any form before a given date that might be relevant to a patent's claims of originality. If an invention has been described in prior art, a patent on that invention is not valid.
A “novelty search” is a prior art search that is often conducted by patent attorneys, patent agents or professional patent searchers before an inventor files a patent application.
In United States antitrust law, a second request is a discovery procedure by which the Federal Trade Commission and the Antitrust Division of the Justice Department investigate mergers and acquisitions which may have anticompetitive consequences.
A typical second request asks to gather information about the sales, facilities, assets, and structure of the businesses which are party to the transaction. This frequently requires a large amount of documents to be produced, and law firms representing parties to a transaction in which a second request has been issued often must hire contract attorneys to review all the documents involved.
Secondary sources are materials, written by legal researchers that summarize, explain, collect / analyze the law. It occurs when a project requires a summary or collection of existing data in addition to Primary Research, sometimes even at preliminary stage.
A key performance area in secondary research is the full citation of original sources, usually in the form of a complete listing or annotated listing.
A written law enacted by legislature in response to distinguish need to explain the functioning of government, and to improve law and order by codifying existing law. For example civil law and modern civil code systems.
Statutory Law can originate with national, state legislatures or local municipalities and lower jurisdiction laws are subordinate to the higher jurisdiction laws.
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