...Philippine Laws Affecting Market By: Carla P. Yglopaz Mark Anthony S. Catahina Claudine M. Pascual Ryan-John L. Rivero Melissa Joy R. Suarez 14 June 2014 TABLE OF CONTENTS Laws Affecting Marketers Marketing Law ………………………………………………………………….. 5 Republic Act No. 8424: The National Internal Revenue Code of 1997 .................... 5 Republic Act No. 8293: Intellectual Property Code of the Philippines …………… 6 Batas Pambansa Bilang 68: Corporation Code of The Philippines …………. . 6 Republic Act No. 8799: Securities Regulation Code of the Philippines …………… 7 Republic Act 8792: Electronic Commerce Act of 2000 …………………………... 8 Legal Recognition of Electronic Writing or Document and Data Messages Data Messages ………………………………………………………….. 9 Electronic Documents ………………………………………………….. 9 Electronic Signatures …………………………………………………. 10 Agreement on Acknowledgment of Receipt of Electronic Data Messages or Electronic Documents …………………………………………………. 11 Republic Act No. 9501: Magna Carta for Micro, Small and Medium Enterprises 12 Republic Act 9178: Barangay Micro Business Enterprises (BMBEs) Act of 2002 14 Republic Act 7042: Foreign Investment Act of 1991 ……………...................... 14 Laws Affecting Consumers Basic Consumer Rights Right to Basic Need …………………………………………………. 15 Right to Safety …………………………………………………. 15 Right to Information …………………………………………………. 16 Right to Choose …………………………………………………. 17 Right to Representation …………………………………………...
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...International Law really Law’? (Arend 1999) Discuss with regard to the frequency of breaches of international law, the enforcement of international law and the difficulties in ascertaining international law. Introduction International law is ‘the body of law composed of principles and rules of conduct which states feel bound to observe and do commonly observe in their relations with each other’. However, it is constantly being questioned whether international law really can be considered law at all. The uncertainty as to its validity can be explained by the arguably frequent breaches that occur as well as the difficulties in ascertaining its content and ensuring its effective enforcement. As such, the validity of international law as a real legal order will be evaluated by examining the following. (a) The sources of international law (b) The enforcement of international law (c) The frequency of breaches within international law (a) The sources of international law The substantive content of international law can be ascertained by reference to a number of different sources. Article 38(1) of the Statute of the International Court of Justice (ICJ) recognises that the Court when deciding on disputes of international law can apply the following: a. International conventions establishing rules expressly recognized by the contesting states; b. International custom as evidence of a general practice accepted as law; c. The general principles of law recognized...
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...Law Opinion Paper Timothy Norr CJA224 Feb. 6, 2012 Angela Bradrick Law Opinion Paper The United States has a democratic government which is governed by laws that are introduced by public officials. The United States has a legal system that has three branches to have a division between federal and state law. The three branches of government are legislative, executive, and judiciary which all play a role in the legal system and the creation of laws. The branches of government were put into place to create a system of checks and balances. The branches work together because no single branch of government can act freely based on its own will. The laws and practices of the United States were created based on the foundations of English common law. Also there are many factors that lawmakers must consider and acknowledge before writing laws to be reviewed and executed. The Branches of the government Law making The legislative branch was established by Article I of the constitution and consists of the House of Representatives and the Senate. The constitution gives this branch the authority to pass legislation and send it to the President to be signed, the bill must pass in the Senate and the House with majority vote. Although, the President can veto the bill it can be overridden by passing the bill again through the House and the Senate with at least a two thirds majority vote in favor. The executive branch includes the President of the United States who acts as the head of state...
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...Cheah Boon Kiat 930228-02-5513 UKT – 02350 / 0414 UKT April Intake 2014 This question requires the discussion of the threats of the rule of and opportunities posed by the rise and fall of the rule of law around the world. As show above, this clearly covers the topic of rule of law in public law. The rule of law is sited by A.V Dicey. According to A.V Dicey, the rule of law is one of the important pillar of the British constitution, with Parliament Sovereignty being the other pillar. This is because the United Kingdom does not have a written constitution. “There are three conception stated by Dicey in accordance to the rule of law. First, no man is punishable or can be lawfully made to suffer in body or goods except a breach of law. This indicates the notion against arbitrariness. Second is that, no man is above the law. This shows that there must be equity upon every person in respect to the law. Lastly which is a general principle that courts are the determine factor of right of private person. This prove that common law courts represents the greatest protection for any individual rights.” According to Hilare Barnett, “the organs of the currently do not exercise the primary function of the others (minister do not have legislative power). It however the interrelation between the organs serves as a check and balance mechanism, where it allows the organs to scrutinize the function of the other.”This in turn uphold the first conception of Dicey, which is to prevent arbitrary...
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...- II Constitutional Law - I Paper - III Research Methodology Semester II Paper - I Legal Theory - II Paper - II Constitutional Law - II Paper - III Law and Social Change ~YllabUS for tbe LL.M. Programme Note: The topic title of the syllabus is merely indicative. In order to keep up with the recent developments in law and the development of various concepts and ideologies, the subject faculty will supply detailed syllabus during the course of the scheme. The subject faculty will also supply the seminar topics for each student for each semester separately. The student should ensure that they are allotted the seminar topics in each of the subjects at the beginning of the semester itself. LEGAL THEORY I 1. Nature of jurisprudence 2. Meaning of Law 3. Natural Law theories 4. Classical Positivism 5. Pure Theory of Law 6. Analytical School of Law 7. Sociological School of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law in the making by C.IZ. Allen 10. 1300ks on Constitutional Law in India and Constitutional...
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...Law: A body of enforceable rules governing relationships among individuals and between individuals and their society. Natural Law: A system of universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence (e.g., murder is wrong; parents are responsible for the acts of their minor children). Positive Law: The conventional, or written, law of a particular society at a particular point in time (e.g., the U.S. Constitution, the Texas Securities Act, the Internal Revenue Code, and published judicial decisions). JURISPRUDENCE Jurisprudence: The study of different schools of legal philosophy and how each can affect judicial decisionmaking. Natural Law Theory presupposes that positive law derives its legitimacy from natural law and holds that, to the extent that natural law and positive law differ, natural law must prevail. Legal Positivism holds that there is no higher law than that created by legitimate governments and that such laws must be obeyed, even if they appear unjust or otherwise at odds with natural law. The Historical School emphasizes the evolutionary process of law by concentrating on the origin and history of a legal system and holds that law derives its legitimacy and authority through the test of time. Legal Realism contends that positive law cannot be applied in the abstract; rather, judges should take into account the specific circumstances of each case...
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...Sidhant Raghuvanshi BA LLB 2014 English mid-term assignment Date: 02-08-2014 Before The Law ‘Before the law’, written by ‘Franz Kafka’ depicts the life of a common man and his pursuits to gain justice under a lawless legal system. Kafka is considered to be one of the most influential ‘German Speaking’ Jewish writers of the twentieth century. Kafka was a subject to the cruelty of the legal system, himself as he was arrested and tried in court without being told the grounds of his arrest. Kafka uses the story, ’Before the Law’ to express his angst against the legal system. When a person tries to approach the law he is not stopped at one level but is stopped at many levels if he don’t have the power compared to the law. Here we talk about a man who came from a country. Is he an ordinary man? This question answers his entry into the law. He is a poor fellow who is stopped by the gatekeeper who owns nothing in the law but why is he stopped? Law is meant for everybody no matter rich or poor anyone can approach to get justice but law has become so corrupted with a gate open in front of a person he is not allowed to enter. A man in search of justice is stopped saying "I am powerful" stating as if he is going to give justice to the man. The man from the country didn’t expected just obstacle as he came with a view that law is accessible for everyone but having a close look at the gatekeeper scares him from entering and decides to wait rather than asking him why he cannot...
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...International Law: Essential Aspects Explained Abstract International Law helps governing relations among sovereign nations. It affects both society and individuals in many aspects. Today international law is not only about relations among different countries, but also how it is dealt internally. This paper will identify important international principles and doctrines, such as National Law, the Principle of Comity, and the Act of State and Sovereign Immunity Doctrines. This paper will also explore how business is done internationally by seeking foreign markets, exporting, and manufacturing abroad. International contracts and methods for making payments in international transactions will be explained. Break down the whole regulation of international business activities, such as investing and export and import controls and bribing foreign officials. And lastly, how U.S laws apply in a global context, such as antitrust laws and antidiscrimination laws. International Law: Essential Aspects Explained International business and commerce has always been a big part of civilization and throughout history. What is new today is the rapid growth of exchange of goods, services and intellectual property on a global scale. There are many laws pertaining how we handle commerce through the United States and to other countries and vice versa. International Law can be identified as a body of law as a result of international customs, treaties and organizations that are the benchmark for...
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...Government of Hong Kong v. Judge Olalia Facts: Juan Muñoz was charged before a Hong Kong Court with several counts of offenses in violation of Hong Kong laws. If convicted, he faces a jail term of 7 to 14 years for each charge. After Juan Muñoz was arrested in the Philippines, the Hong Kong Special Administrative Region filed with the RTC of Manila a petition for the extradition of Juan Muñoz. On December 20, 2001, Judge Olalia of RTC-Manila allowed Juan Muñoz to post bail. However, the government of Hong Kong alleged that the trial court committed grave abuse of discretion amounting to lack or excess of jurisdiction in admitting him to bail because “there is nothing in the Constitution or statutory law providing that a potential extraditee a right to bail, the right being limited solely to criminal proceedings.” Issue: Whether Juan Muñoz, a potential extradite, be granted bail on the basis of clear and convincing evidence that he is not a flight risk and will abide with all the orders and processes of the extradition court Held: Yes. In a unanimous decision, the SC remanded to the Manila RTC, to determine whether Juan Muñoz is entitled to bail on the basis of “clear and convincing evidence.” If Muñoz is not entitled to such, the trial court should order the cancellation of his bail bond and his immediate detention; and thereafter, conduct the extradition proceedings with dispatch. “If bail can be granted in deportation cases, we see no justification...
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...At KLE Society’s Gurusiddappa Kotambri Law College, we believe that the quest for knowledge is best facilitated by creating the right environment and enabling interaction. You will find that our well-stocked library triggers off discussions not just in the classrooms but in the canteen and hostel common room as well. The sharing of ideals is extended through legal awareness programs and model Parliment that you will participate in. Your community life is not restricted to the field of law alone but finds expression on the sports field and cultural arena as well. Library over 10,000 volumes and journals College campus and provide a homely environment including mess facilities. Open from 9 am to 5 pm on working days Legal Aid Clinic Fully computerized for quick and easy access to titles The College is actively involved in the endeavour to spread e-Library with online connectivity and a large offline database legal awareness amongst the student community. Trained Educational Tours students visit other colleges to deliver lectures on legal topics. Counseling Cell Legal Aid and Legal Literacy Camps too are a regular feature. Placement Cell Model Lok Sabha NSS Unit Regular cultural activities and participation in external and Health insurance for students internal competitions Hostels Active sports committee to encourage participation in indoor For outstation students, the College provides separate hostels to and outdoor games accommodate both girls and boys. The hostels are located...
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...The law of the Islamic Republic of Iran hinges on the state constitution called the Qanun-e Asasi which received approval after a national referendum in December 1979. As expressed in Article four of that body of law, the standards for Islamic judgment or decisions must be in accordance with the Qanun-e Assai. The Iranian House of parliament, or the Islamic Consultative Assembly, a body of law makers charged with the responsibility of drafting Islamic laws for the Islamic Republic, must only draft laws compatible with Islamic standards. Arguably, the Council of Guardians, as an Islamic watch group, has ultimate control over the Islamic laws the assembly passes. Because of the complex nature of the law that governs the Islamic Republic of Iran, it is necessary for criminal justice professionals in the United States to understand the principles of justice as related to Islamic law, its basic concepts, and the foundation on which such body of law rests. According to Mehran (2001) “Muslims agree that the establishment of an Islamic state requires the implementation of Islamic principles and laws” (p. 1). In the Islamic Republic of Iran, the supreme leader, Ayatollah Khomeini, and his followers made clear doctrinal justifications for unchallenged Islamic rules to guarantee strict political command and with many specified standard of authority. ‘By emphasizing communal interest in legislation and establishing an extensive institutional mechanism of legal control, the clerics gradually...
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...corporate misrepresentation outrages, for example, Enron and Tyco universal, the united state congress passed the law in a push to decrease the likelihood of future extortion. The law requires more compressive monetary reporting necessities and upholds stricter punishments on the individuals who occupied with plans to swindle financial specialists. Then again, there are numerous adversaries to the law who accept the regulations are unnecessary and excessively excessive for generally organizations. With the end goal of this paper, I will dissect an article title "The Law change corporate" by Michael peregrine, which traces the some significant impacts of the law. The creator is a corporate legal counselor and has abnormal state of experience dealing with agreeability issues with open organizations. Generally, Michael accepts that SOX has been very fruitful. The most vital impact clarified in this article is focused on the structure of corporate legislation. He expressed that SOX seized the focused of corporate course from the corner of the workplace and returned it the meeting room, where it had a place. Besides the law empowered the recognizable proof of the best practices to guide meeting room conduct. Preceding 2002, the official officers of the organization had the capacity to wield a high level of force without the support of the governing body. The law changed this by obliging individuals to be occupied with the moral choice methodology of the organization. This change...
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...LEGAL ASPECTS OF BUSINESS Credit Units: 03 Course Objectives To give insight to various Legal Aspects of Business so that the students are able to interpret the provisions of some of the important laws and apply the same in commercial and industrial enterprises. Course Contents Module I: Indian Contract Act, 1872 Nature and kinds of Contracts, Concepts related to offer, Acceptance and Consideration, Principles Governing Capacity of Parties and Free Consent, Legality of Objects, Performance and Discharge of Contract, Breach of Contract and its Remedies,Special contracts of Bailment and Pledge, Indemnity and Guaratnee, Contract of Agency. Module II: Sale of Goods Act, 1930 Sale and Agreement to Sell, Hire Purchase – Pledge – Mortgage – Hypothecation Lease.Goods – Different types of Goods, Passing of Property in Goods, Conditions and Warranties, Doctrine of Caveat emptor, Rights of an unpaid Seller. Module III : Negotiable Instruments Act, 1881 Meaning of Negotiability and Negotiable Instruments – Cheques Bill of Exchange and Promissory Note – Crossing of Cheques – Endorsement – Dishonour of Cheques. Module VI: Company Law Companies Act, 1956-Meaning and types of companies, Formation of a company, Memorandum and Articles of Association, Share Capital and Shareholders, Prospectus and Issue of Shares, Buy Back of Shares, Debentures, Company Meetings and Proceedings, Powers, Duties, Liabilities of Directors and Winding up of Company. Module V: Indian Partnership...
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...PACE UNIVERSITY Law 101 - Business Law I CRN 70058 Fall 2015 Professor Frank G. Colella Wednesdays 9:00 AM – 12:00 PM Syllabus Text: Anderson’s Business Law and the Legal Environment Comprehensive Volume/22nd Edition/Twomey & Jennings Course Objectives 1. 2. 3. 4. 5. 6. To acquaint students with the basic laws governing contracts, torts, crimes, consumer protection, and administrative agencies. The nature and sources of law, the court system, alternate dispute resolution, and the U.S. Constitution will also be studied. To help students gain a sense of the broader legal environment of business. To help students gain a historical perspective on the development of law. To encourage students to think critically about the law and consider the ethical implications of business transactions. To help students view the law in the context of local, national, and global forums. To develop written and oral presentation skills in the study of law. Homework consists of written answers to the questions at the end of each assigned chapter. Unless otherwise stated, homework assignments are due on Tuesday of the week the chapter material has been assigned. Students must retain a copy of the submitted homework. Homework constitutes a minimum of 5% of the overall grade. Students will lose credit for the failure to timely submit homework (or the submission of incomplete or improperly prepared assignments). Each missed assignment will result in a deduction of 2%...
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...Positivism • Realism • International law • Conclusion • List of works cited Introduction Law is a concept of governance that involves the stipulation and establishment of rules and regulations that are enforced to shape politics, economics, and society. It is put in place by various governmental institutions to govern a community. Law moderates our day–to-day lives with regards to human relationships. It has various concepts to it; company law, property law, trust law, criminal law, constitutional law, administrative law, international law, and civil law. The study of law allows for review and revision of these rules and regulations ensuring that none is faulty or biased in any manner to a single party of the human population. Definitions The above mentioned concepts are in light of the various activities we indulge in. Contract law deals with regulation of trade terms relating to establishments of contracts. Property law deals in ownership rights and ownership transfers of personal property. It is often called Chattel law. We can say that Trust law applies to assets that are secured for financial reasons. A concept of law that was not mentioned previously in the introduction part is Tort law. This law enables one to apply for compensation in the case of loss of or damage of personal property (Byers 22). Criminal law establishes the way and reasons for perpetrator prosecution. Constitutional law protects the human rights as well...
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