In England and in many other countries, the losing party must pay the legal expenses of the winning party, including attorneys’ fees. That is not the general rule in this country. Here, each party must pay most of its own costs, including (and especially) the fees of lawyers. (Certain relatively minor costs, such as filing fees for various documents required in court, are chargeable to the losing side, if the judge decides it.) This type of fee structure is known as the American rule (in contrast to the British rule). There are two types of exceptions to the American rule. By statute, Congress and the state legislatures have provided that the winning party in particular classes of cases may recover its full legal costs from the loser—for example, the federal antitrust laws so provide and so does the federal Equal Access to Justice Act. The other exception applies to litigants who either initiate lawsuits in bad faith, with no expectation of winning, or who defend them in bad faith, in order to cause the plaintiff great expense. Under these circumstances, a court has the discretion to award attorneys’ fees to the winner. But this rule is not infinitely flexible, and courts do not have complete freedom to award attorneys’ fees in any amount, but only "reasonable" attorney's fees.
Methodology of work. The work is based on the methodology of institutionalism, as well as on the use of different scientific methods, namely, the empirical and dialectical methods for the analysis of governmentregulation of small and medium-sized businesses in the context of globalization. The methods of historical, comparative and causal analysis are also applied to determine the measures to minimize the risks between the public and private sectors. Theoretical base for the study are the works of the classics of economic theory, the works of national researchers in the field of governmentregulation of business in the context of globalization.
The legalenvironment sets up tenets that individuals and organizations must take after to abstain from being punished. The legitimate environment not just permits individuals to comprehend what is anticipated from them in their own abilities additionally puts forward standards for organizations so that they, as well, recognize what is anticipated from them in their dealings and exchanges. What's more, it limits government and others from encroaching on property rights. The standard of law gives direction and course in each zone of business. As a result of law framework, we realize that we are allowed to document a protestation in the best possible court to initiate litigation. The legalenvironment also governs contracts between employee and between businesses. Under the legalenvironment, main factors of a contract must exist for the contract to be enforceable.
Regarding plaintiffs and prosecutors, you can often tell a civil case from a criminal case by looking at the caption of a case going to trial. If the government appears first in the caption of the case (e.g., U.S. v. Lieberman, it is likely that the United States is prosecuting on behalf of the people. The same is true of cases prosecuted by state district attorneys (e.g., State v. Seidel). But this is not a foolproof formula. Governments will also bring civil actions to collect debts from or settle disputes with individuals, corporations, or other governments. Thus U.S. v. Mayer might be a collection action for unpaid taxes, or U.S. v. Canada might be a boundary dispute in the International Court of Justice. Governments can be sued, as well; people occasionally sue their state or federal government, but they can only get a trial if the government waives its sovereign immunity and allows such suits. Warner v. U.S., for example, could be a claim for a tax refund wrongfully withheld or for damage caused to the Warner residence by a sonic boom from a US Air Force jet flying overhead.
Sometimes damage is done to an individual or business because the government has given out erroneous information. For example, suppose that Charles, a bewildered, disabled navy employee, is receiving a federal disability annuity. Under the regulations, he would lose his pension if he took a job that paid him in each of two succeeding years more than 80 percent of what he earned in his old navy job. A few years later, Congress changed the law, making him ineligible if he earned more than 80 percent in anyone year. For many years, Charles earned considerably less than the ceiling amount. But then one year he got the opportunity to make some extra money. Not wishing to lose his pension, he called an employee relations specialist in the US Navy and asked how much he could earn and still keep his pension. The specialist gave him erroneous information over the telephone and then sent him an out-of-date form that said Charles could safely take on the extra work. Unfortunately, as it turned out, Charles did exceed the salary limit, and so the government cut off his pension during the time he earned too much. Charles sues to recover his lost pension. He argues that he relied to his detriment on false information supplied by the navy and that in fairness the government should be estopped from denying his claim.
The takings clause of the Fifth Amendment ensures that the government does not take private property without just compensation. In the international setting, governments that take private property engage in what is called expropriation. The standard under customary international law is that when governments do that, they must provide prompt, adequate, and effective compensation. This does not always happen, especially where foreign owners’ property is being expropriated. The guarantees of the Fifth Amendment (incorporated against state action by the Fourteenth Amendment) are available to property owners where state, county, or municipal government uses the power of eminent domain to take private property for public purposes. Just what is a public purpose is a matter of some debate. For example, if a city were to condemn economically viable businesses or neighborhoods to construct a baseball stadium with public money to entice a private enterprise (the baseball team) to stay, is a public purpose being served? In Kelo v. City of New London, Mrs. Kelo and other residents fought the city of New London, in its attempt to use powers of eminent domain to create an industrial park and recreation area that would have Pfizer & Co. as a principal tenant.  The city argued that increasing its tax base was a sufficient public
This course is designed to introduce students to the scope and methods of international studies. Topics of transnational significance, especially those which reveal the similarities and differences of the world’s societies and cultures will be considered. Given the interdisciplinary nature of the program issues of world geography, society, economy, environment and politics will be examined from different cultural and theoretical perspectives.
Constructingthe model provisions of local government regulationon the issue of empowering local or domestic city hotels bears relevance through both the“Model Provisions of Local GovernmentRegulation” and “Self-Regulation Framework. ”The community values related to the customary law, human rights law within the Organisation for Economic Co-operation and Development context, and John Ruggie’s framework or United Nation (UN) Guiding Principles on Business and Human Rights are important as a legal ground to construct the model provisions of local government to aid successful development of domestic city hotels as modern franchised city hotels. In addition, to urge hotel associations to take the initiative in constructing the “Self- Regulation Framework, ”concepts of corporate social responsibility (CSR) and partnership should beappropriately considered as aprotection model. In this context, the hotel associations or relevant stakeholdersare expected to help and strengthen the local city hotels to compete fairlywith the international or modern franchised hotels through partnership programs, such as chain city hotel associations, to provide access to modern franchised management, capital, modern marketing, service standards, and CSR programs. By helping and supporting the local city hotels with the concept of modern franchising management through the so–called “Self-Regulation Framework, ” they cancreate opportunities for the local city hotels in Bali to develop as internationally renowned franchised hotels, enabling the creation of a new model of standard city hotels with the community values in line with modern standards of franchised city hotels.
independent from the United Kingdom. Until the late 1940’s, it was still possible to appeal decisions from the Supreme Court of Canada to the Privy Council in the United Kingdom. Indeed, the Queen is still officially Canada’s Head of State. This difference in history has caused anomalies which US professionals must be aware of in communicating concepts and understanding policies. As noted above, Canada is divided into ten provinces and three territories. The rights and powers of the provincial or territorial governments, as well as those of the federal government, are derived from the Canadian constitutional papers that include the Constitution Act, 1867 (formerly called the British North
A self-governing Commonwealth within the United States constitutional system, island government consists of the Executive, Legislative and Judicial branches. General elections are held every four years. There are 78 municipalities on the island, each with a locally elected mayor and assembly. Although Puerto Ricans are US citizens, residents pay no federal income tax on their Puerto Rico source income, nor can they vote in presidential elections. As citizens, Puerto Ricans do not require a visa to travel, live and/or work in the USA.
The Supreme Court is a well-known institution today, but it wasn’t always that way. When the Court first met, many of the justices (then appointed by George Washington) couldn’t travel in time for the Court’s opening day, so the session was dismissed. For the first three years of its existence, the Court heard no cases of any importance. John Jay, the first chief justice, traveled to Europe while he was chief justice to negotiate the Jay Treaty with Great Britain. While there, he won election as governor of New York. He was reappointed as chief justice by President Washington and confirmed by the Senate but declined to return to the Court, citing the Court’s lack of energy, weight, and dignity as part of his reasoning. It wasn’t until John Marshall became the fourth chief justice (a position he held for a record thirty-four years) that the Supreme Court firmly established itself as a separate and coequal branch of government. The Supreme Court did not even get its own building until 1932, years after the nation’s capital was established in Washington, DC. Before then, it met in the basement of the old Senate building to hear cases. When William Taft (the only president who also served as a Supreme Court justice) became chief justice, he persuaded Congress to appropriate funds, and the Court finally got its own building in Washington, DC (see Figure 2.3 "U.S. Supreme Court").
Abstract— This paper attempts to draft a strategy which can be adopted by Government bodies for migration of paper based communication to digital forms of communication. It utilizes the available existing technology and the legal framework created by IT Act 2000 and its subsequent amendment in the year 2008 for developing a suitable model which can be easily adopted by Government Businesses across the spectrum. It will try to cover all the aspects required to automate Government Financial Systems by developing an integrated financial management solution. It will trace a model which can be adopted for implementing principles of non-repudiation, data security & integrity in an electronic environment.
“In today’s business world you really have to grab right at the money. Profit before taxes, cash, cost reduction. We’re gonna take a building and close it, because of this technology. We’re gonna reduce our administrative staff. I mean, hard core numbers.” -IS manager
Municipality population characteristics relates to the economic and social characteristics of the local muni- cipality, which affect the policy regarding the creation of business partnerships. Dye & Garcia (1978) claim that demographic characteristics such as poor, old, lacking in education and skills, cause changes in the municipali- ty’s expense level and tax weight, which effect its policy-making process. Stein (1990) notes that a municipality with a homogenous population that is weak economically and socially has to use alternative service delivery so they can provide services, whereas a municipality with a wealthy population can usually use contracting out to improve the quality and quantity of the services. Ben-Elia (1996) found a similar phenomenon in Israel. There- fore, economic and social characteristics can be used as good indicator to explain the decision to create partner- ships with the private and voluntary sectors. The assumption is that in strong municipalities (from an economic and social point of view), the SOP will be higher than in weak municipalities. The social status factor in the va- riable municipality population characteristics is determined by the Central Bureau of Statistics (CBS) indicator of the socio-economic situation, which includes level of education, source of income, etc. The CBS divided the population characteristics of the municipalities into 10 groups, with 10 indicating a strong municipality on a high socio-economic level. The 10 categories were coded as 0 or 1, with 0 representing categories 1 to 5 (weak municipalities), and 1 representing categories 6 to10 (strong municipalities).
Firstly, the legalregulation provides value orientation for scientific & technological activities, and then pre- vents that the scientific & technological activities from developing in the direction of harming human survival and development due to the bias of their purpose. Frie- drich Engels said: “Who carry out an action in the do- main of social history are people who can think, act cogi- tatively or with passion and for some purpose; whatever happens, happens for conscious intention or expected purpose.”  To prevent scientific & technological ac- tivities from going astray due to the bias in purpose, it is necessary to strengthen legal value orientation to those activities. Law is not the cold institutional framework, but the warm institutional design with rich value. As Ed- gar Bodenheimer said, any institution deserving to be called the legal system must pay attention to some fun- damental value beyond the relativity of particular social structure and the economic structure. Laws of different times have different values; the legal values in modern society consist of freedom, equality, order, security, fair- ness, efficiency, human rights, justice, and so on. These values can both upgrade the legal quality and ensure the right direction of human activities. For example, the de- sire for freedom “forces a person to engage in the activi- ties that can develop his capacities and promote his indi- vidual happiness”, the pursuit of equality “forces a per- son to combat with the unequal treatments caused by legal or regulatory measures which should have been equal treatments according to reasonable and accepted standards”. In the scientific & technological field, the legal values can guide scientific & technological activi- ties so as to inhibit the alienation of science & techno-
Whether or not Silbey’s broader critique of legal consciousness is accepted, the importance of legal consciousness in government studies – as with all socio-legal law in the books and law in action gap studies – can be revealed through Hertogh’s analogy of any person walking onto the street and meeting cold weather and wind chill (2009, p. 5). Whilst the thermometer may only read minus two degrees Celsius, the wind may be blowing at forty-five kilometres per hour so that the wind chill factor causes it to feel like it is minus ten degrees Celsius. For a true understanding of local weather conditions and its effects, one should take into account the objective and subjective elements (Hertogh, 2009, p. 5). The same holds true for understanding how law works in government. Reading decisions, or statutes, or policy documents, or training manuals will only tell us so much; for the rest of the picture, we must examine empirically the decision makers themselves to better understand how law works in everyday administrative decision making.
Barton and Rhode (chapter two) suggest that the failure to embrace technology presents a serious problem to the profession in the United States. They identify three areas in which technology has disrupted conventional legal services provision: the market for less expensive dispute resolution; the high-end market for corporate legal services; and the lower-end market for consumer legal services. Thus, they argue, there are two paradigms in US legal services regulation; ‘bar control of oversight structures for lawyers and a relatively unregulated market for large-scale, non-lawyer providers’. The enforcement power of the US legal profession has not, however, kept up with ‘technological and economic forces that have brought a whole new wave of competitors into the market’ or their powerful, entrepreneurial champions. One concern for legal professions is that resistance, possibly successful in the short term but probably pointless in the long term, may lead to even wider reform.
77 However, it should not be concluded that the common law private defence is such codified by section 49(2) that we no longer have the defence at common law. The proper understanding of section 49(2) would be that the South African Criminal Justice System provides two sets of 'private defence' justifications in relation to the SAPS justifiable homicide cases, namely the 'common law private defence' and the 'statutory private defence.' The possible co-existence of these two defences in the realm of law enforcement is indicated the Regulation of Gatherings Act 205 of 1993. Section 9(3) provides that: 'No common law principles regarding self-defence, necessity and protection of property shall be affected by the provisions of this Act.' Though there is no such proviso in the new section 49 of CPA, the view is that the proper construction of section 49 is that there is a common law and statutory self-defence justification existing alongside each other.
Every new technology brings lots of advantages along with it, and cloud computing is not an exception to it. However it has some grey areas also which needs to be answered. The wide use of cloud computing over the past few years has raised several issues. It must be understand that the purpose of cloud computing service is to facilitate the computing needs of hundreds and thousands organizations over a virtual computing infrastructure located somewhere on the Internet, which is very much contradictory to the conventional service providers. Thus it becomes important on the part of the organizations to get assurance that their data shall be safe, and secure. Apart from these there are some technical and legal issues also.