LITIGATION LAW Litigation Law covers the process of bringing and pursuing a lawsuit, and encompasses the entire

procedure. A lawsuit is a case or controversy authorized by law, to be decided in a court of justice, brought by one person or entity against another person or entity for the purpose of enforcing a right or redressing a grievance. The participants in these proceedings (plaintiff, defendant, applicant, petitioner or respondent) are called litigants while the trial or case is ongoing. Attorneys who represent the litigants in court are referred to as litigators. Although in some instances an attorney is required to litigate; in most matters, parties are allowed to represent themselves should they chose to do so. However, litigation involves many complex legal issues which require expertise and knowledge of the law that governs the dispute, as well as the laws governing the procedures to be followed while litigating a case. Litigation is one way that people and corporate entities resolve disputes. The parties rely on a judge or jury to determine a legal question or matter. The term litigation is sometimes used to be distinguishable from alternative dispute resolution methods, such as mediation or arbitration. Appellate Procedure Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law, achieving a uniform approach across courts, and the pursuit of justice, more generally. Civil Procedure Broadly speaking, civil procedure consists of the rules by which courts conduct civil trials. "Civil trials" concern the judicial resolution of claims by one individual or group against another and are to be distinguished from "criminal trials," in which the state prosecutes an individual for violation of criminal law. Class Action Lawsuits The purported purpose of class action lawsuits is to give the common man the ability to take on the largest corporate or private entities (who can afford the very best legal services) and have a chance of redressing the wrong done by these entities.

Approximately 95 percent of all personal injury claims are resolved before trial. Experienced attorneys know that the best way to settle an injury case is to prepare it for trial. Therefore, attorneys for both parties follow a heavily scripted process in which documents are exchanged; questions are posed; witnesses, including experts, are disclosed; depositions are conducted; and evidence is gathered to build a strong case. This process can be divided into the following categories: the filing of pleadings, discovery process, pretrial conference, and trial. Pleadings include a variety of legal documents that state and/or allege the opinions,

positions, damages, injuries, or theories of law of a party to a lawsuit, and these documents are filed with the court. The pleadings below are the most common. 1. Complaint. A lawsuit is initiated when the plaintiff, or petitioner, serves the initial complaint on the defendant, or respondent. A complaint sets forth the basic elements of a case, including what happened and the injuries and damages incurred. It also describes the plaintiff's allegations as to why the defendant is responsible for the plaintiff's injuries and damages. 2. Answer. The defendant's attorney has a prescribed amount of time to respond to the plaintiff's complaint in the form of the answer. This is the document wherein the defendant admits, denies, or alleges insufficient information to respond to each allegation of the plaintiff's complaint. 3. Special Defenses. These are filed with the answer and allege reasons why the defendant is not responsible for the plaintiff's injuries or claim that the plaintiff is partially responsible for the injuries. Special defenses are unique to every personal injury case. The defendant may claim the plaintiff's injuries were caused by his or her own negligence, or that the plaintiff's claim is barred by the applicable statute of limitations. These are defenses to the plaintiff's complaint or cause of action. 4. Counterclaims. If the defendant feels that a claim can be made against the plaintiff, then a counterclaim is filed along with the answer. 5. Claim for Jury Trial List. This is the point when the court is informed that the plaintiff is ready for trial.

LEGAL MALPRACTICE CASES Legal malpractice cases involve a negligent or careless act committed by an attorney. A common error made in such cases by a lawyer is failing to file a lawsuit on time due to missing the statute of limitations date or not hiring an expert to prove liability or damages. The lawyer may also fail to file the proper documentation with the court that results in your case being dismissed or any other negligent act that causes you some type of financial or compensable harm. If you feel that you have a case, where the value of the damages is at least $100,000.00, you should obtain the advice of an experienced trial attorney who has expertise in the handling and presentation of malpractice cases. Legal malpractice cases are unique and are quite complicated because they involve a trial within a trial. You have to prove not only that your prior attorney has committed malpractice but you also have to prove your damages by trying the underlying case that this attorney previously handled where the malpractice was committed. For example, if your prior attorney was handling a personal injury case for you that was dismissed by the court because of legal malpractice, you would have to prove that your prior attorney committed malpractice and the sub-trial would have to determine the value of your underlying personal injury case so your damages could be found and awarded.

It is important to have an experienced trial attorney who will be able to suggest a team of

experts that can range from attorneys, to, depending upon your case, a private investigator, doctors, and economists to help develop your case. In most cases, the law firm or attorneys will advance all costs and expenses of the case as they are incurred. Once the case is concluded, they would be reimbursed for their costs out of the recovery. In some states, even if there is no recovery, the client is still responsible for the costs and expenses of the case even though the client owes no legal fees. In other states, if there is no recovery, the client will owe nothing for the costs and expenses, which will be absorbed by the law firm or attorney. SOME LEGAL TERMS Action A formal demand to a court of law and of justice to resolve a dispute. Burden of Proof A rule of evidence that makes a person prove a certain thing or the contrary will be assumed by the court. Counterclaim A defendant's claim against a plaintiff. Criminal Contempt Contumacious behaviour or behaviour which tends to publicly depreciate the authority of the court or the administration of justice. Cross Examination The examination of a witness called by the other side at trial and for which leading questions are permitted. Deponent A person who gives evidence verified by oath, as within an affidavit. Deposition The official statement by a witness taken in writing (as opposed to testimony which where a witnesses give their perception of the facts verbally). Discontinuance A formal notice filed with the Court and served on the defendant, ending active litigation. In Limine Latin: at the beginning or on the threshold. In Personam Latin: regarding a person; a right, action, judgment or entitlement that is attached to a specific person(s). In Rem Latin: regarding a thing; proprietary in nature; a right or judgment related to the use or ownership of an item of property.

Interrogatories Pre-trial numbered and written questions on relevant matters to the litigation, sent to the other side of litigation, and for which reply is mandatory. Inter Se Latin: as between or amongst themselves. Intervener One who is given standing in litigation even though they were not originally a party. Judicial Review A process where a court of law is asked to rule on the appropriateness of the decision of an administrative agency or tribunal. Jurat The written certification by a judicial officer that a deponent or affiant recognizes and endorses all parts of an affidavit he or she proposes to sign, and confirms that an oath has been administered in this regard to the affiant. Liability A legal obligation, either due now or at some time in the future. Lis Pendens Latin: a dispute or matter which is the subject of ongoing or pending litigation. Litigant A person who is a party to a legal action. Litigation A dispute is in 'litigation' (or being 'litigated') when it has become the subject of a formal court action or law suit. Writ An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. Zealous Witness A witness who demonstrates disproportionate enthusiasm while testifying.

Giving Testimony Sequestration

This procedural process excludes witnesses from hearing each others testimony and from discussing their testimony with anyone else. Failures to adhere to this process have ranged from dismissal of the charges to reprimands and exclusion of the evidence. The Process of Giving Testimony

It is helpful to understand the process by which testimony is presented. The attorney who has called the witness is said to be the proponent of the evidence. The burden is upon this proponent to establish certain criteria before the witness is recognized as an expert and able to render an opinion in court. After being accepted and recognized as an expert with the particular discipline, the proponent proceeds with his or her questions first under what is known as direct examination. Direct examination is governed by certain rules that prohibit leading questions from being asked. Leading questions are usually more narrative in construction and suggest the desired response. The more frequent objections that are made during direct examination are leading and non-responsive or narrative. These generally have little impact on the substance of the information. Witnesses should not permit themselves to become distracted or agitated at these interruptions. Following direct examination, the opposing counsel is afforded an opportunity to cross-examine the witness. Although these questions are permitted to be leading they are limited to the scope (or confines) of the direct examination subjects covered. The judge may grant wide latitude of the actual scope during cross-examination with the hopes of shortening the experts time on the witness stand. Upon completion of the cross-examination, the proponent attorney may or may not ask further questions during re-direct examination. The line of questions during this phase should be within the confines of the cross examination and not go into any new areas. The primary purpose of this phase is to permit the proponent to rehabilitate or clarify responses given during cross examination. Finally, the opposing counsel may or may not be permitted to have a line of re-cross examination questions. Theoretically, the field of the questions should be continually narrowing with each succession. In real life, the field and number of re-directs and recrosses will ultimately be determined by the judge.

Objections Law and Order and other courtroom dramas on television have created the stereotyped image of the lawyer who stands up and yells, objection Your Honor! The court then sustains or overrules the objection and testimony resumes. If the court sustains the objection, the witness must not answer the question that was posed. In contrast, the overruled objection allows an answer to be given. Although it may not seem to be the case, there are rules and limits that govern objections. Pre-trial Preparation The failure to prepare adequately for courtroom testimony can lead to disaster. Pretrial preparation begins upon receipt of the case. Ensuring that complete, accurate and legible case file notes are documented will dramatically reduce the amount of pre-trial

preparation required and, most likely, the amount of time that the witness will remain on the stand. Prior to giving any testimony the analyst should thoroughly review the entire case file along with any source or reference material contained in the case. The analyst should be prepared to answer questions about their laboratory standard operating procedure, proficiency testing, accreditation, and literature in the field that directly relates to the testing performed in the instant case. Given the large body of literature in the DNA field it would be impractical to know of every article, study, or text that deals with DNA. When confronted with an unfamiliar piece of scientific literature, one possible and not unreasonable response could be I am not certain about the piece that you are referring to. However, if you have a copy, I would be happy to take a look at it. Special note should be made that the response did nothing more than offer to look at the piece. It did not indicate that you could adequately digest and apply the substance to any further questions. Additionally, the analyst should schedule a time to meet with the attorney and review the case file and test results. Do not expect the attorney to be fully versed in your field of expertise or know what questions he or she should ask. Likewise, you should assist the attorney in the preparation of any exhibits or demonstrative aides that you expect to use. This entails creating graphical presentations, ensuring the content is accurate. If using electronic methods such as Power Point, slides, videos, jpg, etc., you should practice and be prepared to use the media during trial. Witnesses must also be prepared for the worst case scenario during trial. For example, the witness should always have a back-up method ready for use in the event of an unexpected technical problem. Collaborative Law Collaborative law or Collaborative Practice is an alternative way to settle disputes that does not involve the courts. Although this process is based on facilitative principles, such as mediation, it is distinct from mediation in that both parties hire specially trained lawyers who work to help them respectfully resolve the conflict, and its trademark encompasses active participation and decision-making by the concerned parties without the involvement of a third party. In collaborative law cases, the parties and their attorneys sign an agreement which provides that if there is to be a contested motion or issue, both parties' attorneys must withdraw from the representation. Every participant in a collaborative case agrees to work together to seek a win-win solution for both parties. Collaborative law is especially valuable in situations where its beneficial for the parties to maintain a relationship beyond the legal conflict, which makes it very suitable for divorce cases. In addition, the collaborative process is usually less expensive and time-consuming than litigation, and when the parties reach an agreement, it can be finalized within a shorter time period. For these reasons, collaborative law has been gaining popularity in divorce cases, where its known as collaborative divorce. In collaborative divorce, both spouses hire attorneys who practice collaborative law and the parties and attorneys sign an agreement that requires them to negotiate the divorce through a series of four-way

meetings. It is designed for the attorneys for both of the parties to assist the parties to resolve conflict using cooperative strategies, rather than adversarial techniques and litigation. Other professionals, such as custody evaluators, appraisers, or accountants, may be brought into the collaborative process as needed, but are neutral parties independently retained by each spouse. These other professionals must also withdraw and cannot assist either party if the matter goes to court. Collaborative law involves binding agreements by both parties and their attorneys to disclose voluntarily all relevant information, to make good faith efforts, and prohibits the threat of litigation during the process. If the divorce cannot be settled through these meetings and one party seeks a court trial, both lawyers must withdraw and the parties must hire new lawyers. This provides a financial incentive for settling.

Answer the questions 1. Define collaborative law. 2. How is this law distinct from mediation? 3. What happens in collaborative law cases? 4. Why is collaborative law valuable? 5. What is good about the collaborative process? 6. Who can be brought into the collaborative process and why? 7. What happens if the divorce can not be settled?

Read the following letter and translate it Application no. 65123/01 John Smith v Peter OBrian Dear Sir, On 4 April 2009 the Court declared the above application admissible. A copy of the decision is enclosed. The communication is made pursuant to Rule 56 2 of the Rules of Court. As to the further procedure, the Court has invited Mr. OBrien to confirm whether they would be still willing to settle on the basis of the signed friendly settlement declaration. Mr. OBrian has been requested to send this information by 12 June 2009. If Mr. OBrian is not willing to settle anymore he has been requested to submit three copies of

their observations by August 2009. The observations should deal with the questions set out in the document appended to my letter of 3 June 2008 (Statements of the facts of the applications and Questions to the parties). These will be sent to you in order that you may submit written observations in reply on behalf of the applicant, together with any claim for just satisfaction under Article 41 (cf. Rule 60). It is also open to the parties to submit within the same time limit any other evidence or additional observations relating to any aspect of the case which they wish to bring to the attention of the Court. Copies of any such material submitted by either party will be communicated to the other party for information or, if necessary, for comment. On the basis of the case file as it stands, the Court is inclined to consider that it is not necessary to hold a hearing in the case (Rule59 3). If you would nonetheless wish to request an oral hearing to supplement the written submissions to the Court, I should be grateful if you would let me know as soon as possible the reasons for this request. Yours faithfully, _____________

Domestic Violence
Domestic violence (spousal abuse, domestic abuse) takes place when one or both persons in a current or former intimate relationship attempts to physically or psychologically dominate and control the other. The abuse includes any act or threatened act of violence committed against the other person in the relationship. The relationship can be that of marriage, domestic partnership, or parents of a child in common. Domestic violence pervades all socio-economic classes, races, ethnicities, religions and sexes. Acts of domestic violence include assault, battery, homicide, stalking, and rape. It can also include a pattern of intimidation that one partner uses to control another. The exact definition of domestic violence varies somewhat from state to state. Although it originally referred to violence by one spouse against another, the meaning has been extended in many states to include children, parents, siblings, same-sex partners, and members of the same household.

Because the laws in each state vary, whether domestic violence is a defined as a crime depends upon the state and the particular circumstances. Often domestic violence is considered both a crime subject to criminal punishment and a civil wrong subject to restraint upon personal conduct and an award of money damages. Victims of abuse often decide not to prosecute their abuser. Therefore, in many states, it is prosecuted as a crime by city and district attorneys even without charges being brought or a complaint being made by the victim. Victims of domestic abuse can petition the court for a civil protective order, or restraining order, that legally requires that the abuser stay away from the victim, her home, workplace, or school. It can also restrict other non-physical contact and order the abuser to stop

hurting or threatening the victim. The laws governing these protective orders are state laws, not federal, and again vary from state to state. This includes how the order will be enforced. The violator of a restraining order is in contempt of a court order and may be taken into custody and taken to jail. The violator can also be charged with a misdemeanor or a felony crime, and could be sentenced to serve jail time and pay a fine for the offense.

Employment law
Employment law or Labour Law concerns the inequality of bargaining power between employers and workers. Employment law is the body of laws, administrative rulings, and precedents which address the legal rights of, and restrictions on, working people and their organizations. As such, it mediates many aspects of the relationship between trade unions, employers and employees. There are two broad categories of employment law. First, collective employment law relates to the tripartite relationship between employee, employer and union. Second, individual labour law concerns employees' rights at work and through the contract for work. The labour movement has been instrumental in the enacting of laws protecting labour rights in the 19th and 20th centuries. Labour rights have been integral to the social and economic development since the Industrial Revolution. Employment standards are social norms (in some cases also technical standards) for the minimum socially acceptable conditions under which employees or contractors will work. Contract of employment The basic feature of labour law in almost every country is that the rights and obligations of the worker and the employer between one another are mediated through the contract of employment between the two. This has been the case since the collapse of feudalism and is the core reality of modern economic relations. Many terms and conditions of the contract are however implied by legislation or common law, in such a way as to restrict the freedom of people to agree to certain things to protect employees, and facilitate a fluid labour market. In the U.S. for example, majority of state laws allow for employment to be "at will", meaning the employer can terminate an employee from a position for any reason, so long as the reason is not an illegal reason, including a termination in violation of public policy. In many countries it is a duty to provide written particulars of employment with the essential terms to an employee. This aims to allow the employee to know concretely what to expect and is expected; in terms of wages, holiday rights, notice in the event of dismissal, job description and so on. An employer may not legally offer a contract in which the employer pays the worker less than a minimum wage. An employee may not for instance agree to a contract which allows an employer to dismiss them unfairly. There are certain categories that people may simply not agree to because they are deemed categorically unfair. However, this depends entirely on the particular legislation of the country in which the work is.

Wages

There may be law stating the minimum amount that a worker can be paid per hour. The minimum wage is usually different from the lowest wage determined by the forces of supply and demand in a free market, and therefore acts as a price floor. Each country sets its own minimum wage laws and regulations, and while a majority of industrialized countries has a minimum wage, many developing countries have not. Minimum wages are regulated and stipulated also in some countries that lack specific laws. In Sweden, for instance, minimum wages are negotiated between the labour market parties (unions and employer organisations) through collective agreements that also cover nonunion workers and non-organised employers.

Working time The European Working Time Directive limited the maximum length of a working week to 48 hours in 7 days, and a minimum rest period of 11 hours in each 24 hours. Like all EU Directives, this is an instrument which requires member states to enact its provisions in national legislation. Although the directive applies to all member states, in the UK it is possible to "opt out" of the 48-hour working week to work longer hours. In contrast, France has passed more strict legislation, limiting the maximum working week to 35 hours (but optional hours are still possible). Answer the questions 1. What does Employment Law concern? 2. Define Employment Law. 3. How many categories of Employment law are there and what are they? 4. What is the basic feature of employment law? 5. How are many terms and conditions of the contract implied? 6. What is meant by the employment to be at will? 7. What is a duty for some countries to provide and what is its aim? 8. How are wages regulated in each country? 9. How are wages regulated in Sweden? 10. Explain the European Working Time Directive. Circle the correct answer 1. On the second day at his new job, Rudy signed an agreement not to _______________ customer contact information to his employer's competitors. a) Appropriate b) Solicit c) disclose 2. Louis was fired for discussing _______________ information with his companys top competitor. a) Irreparable b) Confidential c) Duty of loyalty

3. When Micah left Bizet to start his own business, he honoured his agreement not to _______________ Bizet employees to work in his business. a) Solicit b) Invoke c) Appropriate 4. a) b) c) Employees who _______________ company property are breaking the law. Disclose Solicit Appropriate

5. Our asking price takes into account the _______________ we have earned in thirty years of doing business. a) Showing b) Validity c) goodwill 6. Stephanies lawyer will _______________ federal anti-discrimination law in support of her claim that she has been unfairly refused an interview for employment. a) Invoke b) Disclose c) Solicit 7. The employees, who used their companys connections with a supplier to start their own business, were found guilty of _______________. a) Compliance b) Self-dealing c) fraud 8. Although highly experienced, talented employees may have the same academic degrees, they are not _______________. A firm may have difficulty replacing an innovative employee who has gained intimate knowledge of the company. a) Fungible b) Proprietary c) prospective 9. The _______________ employees lawyer advised her to discuss the companys non-competition agreement before accepting the position. a) Prospective b) Fungible c) divisible 10. An employee has a _______________ to his or her employer, even if it is not written into the contract. a) Validity b) Showing c) Duty of loyalty Intellectual property 11. The composer gave up his right to receive ____________ when he sold the song for a flat fee. a) Notice of copyright

b) Royalty payments c) Working title 12. It is unclear whether the poem, which has an unknown date of publication, is in the ___________. a) Convention b) Notice of copyright c) Public domain 13. The contract clearly states that the publisher and not the author will retain both the copyright as well as the right to publish ___________ works based on the original manuscript. a) Derivative b) Fixed c) tangible 14. The author was accused of violating copyright law because of the _____________ of the reproduced portion of the original work that was included in his novel. a) Circumvention b) Convention c) substantiality 15. Although the two stories were very similar, the court decided they had both been written independently by different authors and thus were both ___________ works. a) Original b) Tangible c) derivative 16. The anthology is a ____________ of the most respected scholarly works on the topic. a) Circumvention b) Compilation c) convention 17. There is no ____________ on this film, but you still need to contact the content creator if you want to show it. a) Notice of copyright b) Circumvention c) Royalty payment 18. In recent years it has become possible to ____________ certain business methods. a) Copyright b) Trademark c) patent 19. The ____________ allows for the reproduction of copyrighted materials, under certain circumstances, without resulting in the infringement of the rights of the author. a) Right of fair use b) Tangible right c) Design right 20. The court refused an ____________ against the sale of the book allegedly containing copyrighted material. a) Infringement

b) Intangible property right c) injunction 21. A Member of Parliament has called for ________________ payments to public employees to compensate for years of below-inflation pay deals. a) Misleading b) Derisory c) retroactive 22. Royal Mail is ending its generous final salary scheme to new employees and looking to reconfigure the scheme in a way that reduces its financial ________________ on the company. a) Burden b) Conduct c) benefits 23. The company defended the professional ________________ of its staff following reports of illegal practices. a) Conduct b) Burden c) collusion 24. The Board has approved a new ________________ package for the managing director, consisting of salary, bonus and stock options a) Rescue b) Compensation c) assistance. 25. An employee whose fixed-term contract has expired and is retained in employment may be considered to be working under an ________________ contract. a) Unwritten b) Indefinite c) unlawful 26. Jersey's education authorities have been asked to take part in ________________ talks to avert a strike by teachers. a) Arbitration b) Mediation c) conciliation 27. Before being hired as a full-time employee I first went through a ________________ period of 6 months. a) Statutory b) Non-compensatory c) probationary 28. Cases relating to ________________ to work on the grounds of mental illness rose from 56 to 75 over the last 12 months. a) Inappropriateness b) Unfitness c) unwillingness 29. A person having worked for more than ten weeks may not always ________________ the conditions for being a worker under EU law because it is not genuine work or for other reasons. a) Satiate b) Placate c) satisfy

INTELLECTUAL PROPERTY LAW As a type of property, Intellectual Property (IP) refers to the intangible. In contrast to real property and personal property, it refers to what the minds of men and women have created, usually expressed or translated into a tangible form that is assigned certain rights of property. Examples of IP include musical, literary, and artistic works; inventions; software; and symbols, names, images, designs, business methods, and industrial processes used in commerce. Intellectual property laws include patent, copyright, trademark, and trade secret laws, which typically protect IP rights. Patents, copyrights, and trademarks are creations of statute, where the government recognizes and enforces the public expression of an original idea for a limited period of time. Trade secrets, established by common law, can protect IP through contractual and tort remedies. Copyright laws generally protect creative and artistic works such as books, movies, music, paintings, photographs, and software. Patents, trademarks and trade secret laws are used more often to protect industrial properties, as they are generally created and used for industrial or commercial purposes. In the United States, these laws exist at both the state and federal levels. The laws vary somewhat from state to state. At the federal level, the Constitution and legislation authorized under the Constitution deal exclusively with patents and copyrights, and partially with trademarks and related areas of unfair competition. Intellectual property law is extraordinarily complex, and by its very nature, continuously evolving. Many registered patent attorneys represent themselves as intellectual property law attorneys, as opposed to merely patent attorneys. International intellectual property law, with the exception of trade secrets, is governed by federal and international treaty legislation. In the era of globalization, with the worldwide internet and the subsequent ability for proprietary data to be copied and appropriated, IP rights need to be protected and regulated at an international level. EU Legislation - Intellectual Property A uniform system of protection of intellectual property rights, ranging from industrial property to copyright and related rights, constitutes the foundation for creativeness and innovation within the European Union. Respect of the basic principles of the internal market (the free movement of goods and services and free competition) is based on standardisation of intellectual property at European level. Protection of intellectual property is covered by many international conventions, most of which are implemented by the World Intellectual Property Organisation (WIPO) and the World Trade Organisation (WTO). Legal Framework on intellectual property in R. of Macedonia The current legislation on intellectual property is incorporated in the Constitution of the Republic of Macedonia, the laws and by-laws that govern this area and the international instruments that the state has signed and has acceded to. The Constitution of the Republic of Macedonia, Article 47, guarantees the rights that stem

from the scientific, artistic or other intellectual works, i.e. the Republic encourages, supports and protects scientific and technological development. At the same time, Article 30 guarantees ownership and inheritance rights. Pursuant to the Constitution of the Republic of Macedonia, ownership creates rights and obligations and it should serve for the benefit of the individual and the community, while property and the rights that arise from it, may not be taken away or limited, except in the case of public interest as defined by law. Pursuant to Article 31 of the Constitution of the Republic of Macedonia, a foreigner may acquire ownership rights in the Republic of Macedonia under conditions defined by law. Article 55 of the Constitution guarantees freedom of the market and entrepreneurship and imposes an obligation to the Republic to ensure equal legal status for all entities in the market. The penalty policy that exists in relation to sanctioning the infringements of intellectual property rights, with the amendments introduced in the criminal legislation shows a clear intention for sanctioning the infringements of intellectual property rights. Taking into consideration that significant interventions have been made in order to incriminate the infringement of intellectual property rights, there is only a need for completing this type of protection through increasing the penalties on responsible persons in legal entities and for infringement of moral rights in the area of intellectual property.

Read the text and answer the following questions What does intellectual property refer to? What do intellectual laws include? What do copyright laws protect? How do trade secrets protect IP? How is International IP Law governed? How is IP protected within the European Union? How is IP protected in R. of Macedonia? What does Article 55 of the Constitution guarantee? What does the penalty policy show? What is your opinion on Intellectual Property rights and laws? Write a page or so and prepare yourself for discussion on: Are IP laws respected in R of Macedonia? If yes, how?. If not what do you think it should be done?

Constitutional law
Constitutional law is a body of law dealing with the distribution and exercise of government power. Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge law or international rules and norms, etc. Functions of constitutions

State and legal structure Constitutional laws may often be considered second order rulemaking 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. For example, in a unitary state, the constitution will vest ultimate authority in one central administration and legislature, and judiciary, though there is often a delegation of power or authority to local or municipal authorities. When a constitution establishes a federal state, it will identify the several levels of government coexisting with exclusive or shared areas of jurisdiction over lawmaking, application and enforcement. Human rights Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of the individual against the state. Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. 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. 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 and convention. Inspired by John Locke, the fundamental constitutional principle is that the individual can do anything but that which is forbidden by law, while the state may do nothing but that which is authorised by law. Legislative procedure 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. The Rule of Law The doctrine of the rule of law dictates that government must be conducted according to law. Dicey identified three essential elements of the British Constitution which were indicative of the rule of law: Absence of arbitrary power; Equality before the law; The constitution is a result of the ordinary law of the land. The Constitution of the Republic of Macedonia is a codified constitution outlining the country's system of government and basic human rights. Study of constitutional law Constitutional law is a major focus of legal studies and research. For example, most law students in the United States are required to take a class in Constitutional Law during their first year, and several law journals are devoted to the discussion of constitutional issues.

Answer the following questions 1. Define constitutional Law. 2. Do all nations have constitutional law? If not what do they have? 3. What does the constitutional law govern? 4. What is the key task of the constitutional law? 5. What is a crucial part of a countrys constitution? 6. What is the other main function of the constitution? 7. What is the constitution of the R. of Macedonia?

Statutory law
Statutory law is crucial to our survival in the judicial system and whether or not we are protected in our society. It is the basis for much of our law and how our governmental bodies function. Statutes are defined as laws which are passed by the federal Congress and the various state legislatures. These statutes are the basis for statutory law. The legislature passes statutes which are later put into the federal code of laws or pertinent state code of laws. Statutory law also includes local ordinances, which is a statute passed by a county government to guard areas not covered by federal or state laws. Statutory law also covers areas which are governed exclusively by statutory law and where case law has no impact. Corporate law and wills and probate administration are two areas governed by state statutes while patent, copyright and trademark laws are governed by federal statutes. Consumer law is covered by both state and federal statutes while protecting consumers from deceptive trade practices and any unsafe products and activities that threaten a consumer. Employment law is mostly governed by federal statutes while each state also has statutes which govern certain areas of employment. Antitrust laws function in much the same way. It is governed by federal statutes while states also have their own relevant statutes. Statutory law differs from common law which is that law which is announced in court decisions or case laws. Statutory law constituted a small part of our law compared to common law during the early years of the development of our nation. Since that time statutory law has expanded considerably by codifying, or arranging topically, common law doctrines through the enactment of statutes. Statutory law has also formed out of necessity. Certain businesses need to be regulated as do some activities. The Environmental Protection Agency is an agency which has statutes and regulations to protect the public and enforce laws. Having bodies of law in this manner also gives some uniformity among the states rather than haphazardly relying on varying case law. A court's interpretation of a statute may also become a precedent that lower courts must follow in issuing their decisions. In this manner, statutory law and common law become one since courts must interpret and apply statutory law. And remember that common law is case law and thus the interpretation of statutes. So, while statutory law provides the framework by which our judicial system operates, it coexists in a way that allows interpretation even of these laws and forms the basis of common law. Much in the legal system is a gray area in the room there is for interpretation. A statute may appear to stand alone and speak for itself but there will always be someone who will attempt to contest it and make their plight convincing. But

statutory law provides the basis for our system and it does have its value in that. Without it, our country would run rampant with gray areas relating to the common law

Answer the following questions 1. 2. 3. 4. 5. 6. What is Statutory Law? How are statutes defined? What else does statutory law cover? How does statutory law differ from common law? What does statutory law provide? How would our country run without a statutory law?

* CIRCUIT COURT v. * FOR JOHN SMUTH * BALTIMORE CITY Defendant * CIVIL ACTION NO.: * * * * * * * * * * COMPLAINT AND PRAYER FOR JURY TRIAL

Plaintiff

Ann Peterson, Plaintiff, by Linda G. Smith, and John Jeske, LLC, her attorneys, sues the defendant, John Smuth, and in support, states as follows: PREAMBLE 1. Ann Peterson, Plaintiff, is a resident of Maryland. 2. John Smuth, Defendant, is a resident of Maryland. 3. The Defendant regularly visits and is engaged in business in Baltimore City, Maryland. 4. This action arises from a car accident which occurred on April 22, 2010 at the intersection of Nagle Route 53 and Liverpool Road. Both are public roads in Maryland. STATEMENT OF FACTS 5. On April 22, 2010, the Plaintiff, Ann Peterson, was carefully and prudently stopped in her motor vehicle on Route 53, when her vehicle was violently struck from behind by the Defendant. 6. At the same time, a motor vehicle operated by James C. Sexton, Defendant was

traveling, and smashed into the Plaintiffs vehicle, causing a car accident in which the Plaintiff sustained serious personal injuries. COUNT ONE Plaintiff, Mary Ann Johnson realleges and incorporates by reference all those facts and an allegation in paragraphs 1 through 6 above and further alleges: 7. The collision was caused by the recklessness, carelessness and negligence of the Defendant, James C. Sexton, for that among other acts and omissions the Defendant: a. operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing; b. failed to reduce speed to avoid a collision; c. failed to observe due care and precaution and to maintain proper and adequate control of the motor vehicle; d. failed to keep a proper lookout for other vehicles lawfully upon the highway; e. failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing; and f. In other respects not now known to the Plaintiff but which may become known Prior to or at the time of trial. 8. As a direct and proximate result of the negligence and carelessness of the Defendant, the Plaintiff: a. suffered serious, painful and permanent bodily injuries, great physical pain and mental anguish, severe and substantial emotion distress, loss of the capacity for the enjoyment of life; b. was, is and will be required to undergo medical treatment and to incur medical costs and expenses in order to alleviate injuries, pain and suffering; c. was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings; d. and, otherwise was hurt, injured and caused to sustain losses. 9. All of the Plaintiff's losses were, are and will be due solely to and by reason of the carelessness and negligence of the Defendant, James C. Sexton, without any negligence or want of due care on the Plaintiff's part contributing thereto. WHEREFORE, this Plaintiff claims ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in damages.

Respectfully submitted, MILLER & ZOIS, LLC

____________________________

EFFREY A. LONG OSB #86235 Thompson & Long 521 SW Clay, Suite 214 Portland, Oregon 97201 (503) 242-9842 Of Attorneys for Plaintiff UNITED STATES DISTRICT COURT DISTRICT OF OREGON

MARGI CHONG, Plaintiff

v. COLUMBIA SPORTSWEAR COMPANY, An Oregon Corporation, Defendant. Jury Trial Requested

Plaintiff alleges: JURISDICTION AND VENUE 1. This action is brought to remedy defendant's discrimination against its employees who smoke cigarettes, or who have dependents who smoke, on the basis of disability or of perceived disability in violation of Title I of the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., and ORS 659.425. 2. Injunctive relief, declaratory relief, and damages as well as other appropriate legal and equitable relief are sought pursuant to 42 U.S.C. 12117(a), 42 U.S.C. 2000e(f) and (g), and ORS 659.121.

3. Plaintiff has complied fully with all prerequisites to jurisdiction in this Court under the ADA. Jurisdiction of the Court is proper under 42 U.S.C. 12117 and 42 U.S.C. 2000e-5 (f) (3). Jurisdiction of the claim under 659.425 is invoked pursuant to the pendent jurisdiction of the Court under 28 U.S.C. 13667 (a). The amount in controversy exceeds $50,000. 4. As the unlawful employment practices complained of herein occurred within the District of Oregon, venue is proper in this District pursuant to 42 U.S.C. 12117, 706 (f) (3) of Title VII, 42 U.S.C. 2000e-5 (f) (3). PARTIES 5. Plaintiff brings this Action as a Class Action on behalf all employees of defendant who have suffered payroll deductions due to their status as cigarette smokers or because they have dependents who smoke cigarettes. This Action is brought as a Class Action pursuant to FRCP 23(a) and (b) (2). Members of the Class plaintiff sues on behalf of are so numerous that joinder of all members is impracticable. However, there are common questions of law and fact affecting the right of employees who are addicted to nicotine or who are perceived as addicted to nicotine to be free from discrimination in the workplace. The claims of plaintiff are typical of the claims of the class, and plaintiff fairly and adequately protects the interests of the class. Defendant has acted and/or refused to act on grounds generally applicable to the class plaintiff represents, thereby making appropriate final injunctive relief in favor of plaintiff and a class. 6. Plaintiff Margi Chong is an employee of defendant who has been addicted to nicotine for several years. Plaintiff has been subject to involuntary payroll deductions by defendant because of her addiction or perceived addiction since approximately November 1, 1993. 7. Defendant Columbia Sportswear Company, is an Oregon Corporation engaged in the apparel business and employing in excess of 500 employees. 8. On or about February 23, 1994 a notice of potential class action pursuant to ORCP 32 H was sent to the defendant. A copy of said notice is attached hereto as exhibit E and incorporated herein by this reference. 9. On or about May 13, 1994, Plaintiff filed a formal Complaint of unlawful employment practices with the Equal Employment Opportunity Commission as the representative of all employees of defendant who either use tobacco or have dependents that use tobacco products. 10. On or about July 18, 1994, Plaintiff received a Private Right of Action letter authorizing her to file this civil suit.

ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 11. On or about April 8, 1993 defendant distributed a memo outlining the plan to require employees who use tobacco, and their dependents, to pay more for their health insurance coverage than all other employees. A copy of said memo is attached hereto as exhibit A and is incorporated herein by this reference. 12. On or about April 30, 1993, defendant distributed a memo regarding insurance premiums stating that the company had decided to place a moratorium on the smoker surcharge until November 1, 1993. The memo states that although the insurance rates are going up equally for everyone, the smokers surcharge will be in addition to the rate increase and will be charged "only if you are a smoker". A copy of said memo is attached hereto as exhibit B and incorporated herein by this reference. 13. On or about October 18, 1993 defendant distributed a memo outlining it's plan to implement the smokers surcharge on November 1, 1993. A copy of said memo is attached hereto as exhibit C and incorporated herein by this reference. 14. On or about November 1, 1993 defendant began withholding money from employee pay for all smokers and their dependents pursuant to the policy outlined in the earlier memos. Said withholding was done without written authorization from employees subject to the action. 15. On or about April 15, 1994, defendant distributed a memo regarding the implementation of the withholding plan requesting that employees authorize the withholding for prior months. Copy of said memo is attached hereto as exhibit D and incorporated herein by this reference. FIRST CAUSE OF ACTION (Employment Discrimination-ADA) 16. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-15 of this Complaint with the same force and effect as if set forth herein. 17. Plaintiff's nicotine addiction is a physical impairment that substantially limits one or more of plaintiff's major life activities. 18. Due to plaintiff's nicotine addiction, defendant regarded plaintiff as having a physical impairment that substantially limits one or more of her major life activities. 19. With reasonable accommodation, plaintiff could perform the essential functions of her employment with defendant.

20. Defendant discriminated against plaintiff in regard to her employment on the basis of her disability or because she was regarded as being disabled. 21. Plaintiff is now suffering and will continue to suffer irreparable injury and monetary damages as a result of defendant's discriminatory practices unless and until this court grants relief. SECOND CAUSE OF ACTION (Pendent State Claim-ORS 659.425) 22. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-15 and 17-21 of this Complaint with the same force and effect as is set forth herein. 23. The above acts and practices of the defendant constitute unlawful discriminatory acts in violation of ORS 659.425. 24. As a result of defendant's discriminatory acts, plaintiff has suffered and will continue to suffer monetary damages and damages for mental anguish and humiliation unless and until this Court grants relief. THIRD CAUSE OF ACTION (Pendent State Claim-ORS 652.610(3)) 25. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1-15, 17-21, and 23-24 of this Complaint with the same force and effect as is set forth herein. 26. By implementing the smokers surcharge defendant unlawfully withheld a portion of plaintiff's wages in violation of ORS 652.610(3). 27. Pursuant to ORS 652.615, plaintiff is entitled to actual damages or $200 per occurrence, together with her costs, disbursements and a reasonable attorney should she prevail. DEMAND FOR A TRIAL BY JURY 28. Pursuant to rule 38(b) of the Federal Rules of Civil Procedure, plaintiff demands a trial by jury in this action. WHEREFORE, plaintiff respectfully requests that this court enter judgment as follows: 1. Declaring that the acts and practices complained of herein are in violation of Title I of the Americans with Disabilities Act and ORS 659.425; 2. Directing defendant to reimburse plaintiff and the entire class for all sums unlawfully withheld from their pay;

3. Awarding plaintiff damages for the unlawful withholding of wages pursuant to ORS 652.615. 4. Awarding plaintiff the costs of this action together with reasonable attorney fees; and 5. Granting such other relief as this Court deems just and proper. DATED THIS 25th DAY OF October, 1994. Thompson & Long Jeffrey A. Long OSB #86235 Of Attorneys for Plaintiff

Funny Crazy law happenings

Was that the same nose you broke as a child? Now, doctor, isn't it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn't know anything about it until the next morning?

What happened then? He told me, he says, "I have to kill you because you can identify me." Did he kill you?

Was it you or your brother that was killed in the war? The youngest son, the 20-year-old, how old is he? Were you alone or by yourself? What is the meaning of sperm being present? It indicates intercourse. Male sperm? That is the only kind I know.

Can you describe the individual? He was about medium height and had a beard. Was this a male or female?

How long have you been a French Canadian? How far apart were the vehicles at the time of collision? Mr. Clark, you went on a rather elaborate honeymoon, didn't you? I went to Europe, sir. And did you take your new wife?

Do you have any children or anything of that kind? I show you Exhibit 3 and ask you if you recognize that picture. That's me. Were you present when that picture was taken?

Were you present in court this morning when you were sworn in? Now, Mrs. Johnson, how was your first marriage terminated? By death. And by whose death was it terminated?

Do you know how far pregnant you are now? I'll be three months on November 8. Apparently, then, the date of conception was August 8? Yes. What were you doing at that time?

Mrs. Jones, do you believe you are emotionally stable? I used to be. How many times have you committed suicide?

Yes.

So you were gone until you returned? She had three children, right?

How many were boys? None. Were there girls?


Yes.

You don't know what it was, and you didn't know what it looked like, but can you describe it? You say that the stairs went down to the basement?

And these stairs, did they go up also?

Have you lived in this town all your life? Not yet.

Oral.

All you responses must be oral, ok? What school did you go to?

Are you qualified to give a urine sample? Yes, I have been since early childhood.

Do you recall approximately the time that you examined the body of Mr. Brown? It was in the evening. The autopsy started about 8:30 p.m. And Mr. Brown was dead at the time, is that correct? No. He was sitting on the table wondering why I was doing an autopsy!