The courts

A court may have first instance jurisdiction, which means that it hears cases for the first time it may have appellate jurisdiction which means that a case is heard on appeal or a court may have both. 

Inferior courts are limited in their powers to local jurisdiction, in the seriousness of the cases tried, in the sanctions they may order, and, in England, in the ability to punish for contempt. 

In England the superior courts are the House of Lords, the judicial Committee of the Privy Council, and the Supreme Court of Judicature. Magistrates and county courts are inferior courts. 

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The Henningsen decision sought to impose strict HabiUty against manufacturers within the framework of the Uniform Commercial Code. Only a short time elapsed before the courts recognized that the language used by the UCC to address HabiUty provided a clumsy tool for prosecuting personal injury cases, and that strict HabiUty was a purely tort doctrine. 

AH discussion of the post-1965 era must begin with the Restatement (Second) of Torts, Section 402A. The person responsible for this section was Dean William Prosser, who became the reporter for American Law Institute s Restatement (Second) of Torts at a time when change was on the horizon in the field of products HabiUty. His initiative in drafting Section 402A provided the courts with a ready-made formulation for the adoption of strict tort HabiUty. Entitled "Special Liabihty of Seller of Product for Physical Harm to the User or Consumer," Section 402A reads as follows ... 

U.S. Supreme Court. 358 U.S. 153, Dec. 15, 1958. The court ruling that established the harmless per se principle that a color additive had to be harmless regardless of the quantity used. 

Injunctive reHef, making the infringer stop infringing, is often more important to the copyright owner than recovering damages. The court may craft appropriate injunctive reHef. 

Within the court s discretion, and subject to timely registration, the prevailing party in an infringement suit may be awarded the costs of the Htigation, including a reasonable attorney s fee. 

The Trademark Reporter, a pubhcation of the United States Trademark Association, carries in its monthly issues and yearly index a revealing tabulation of marks involved in decisions of the Patent and Trademark Office and the courts, and found to be confusingly similar as appHed to the goods for which they were intended. 

Depending on the circumstances, seemingly descriptive marks when taken as a whole might constitute only suggestive terms. A 1968 decision of the Court of Customs and Patent Appeals is illustrative. Sugar and Spice was held registrable for bakery goods. The court stated ... 

Bureau of National Affaks, U.S. Patents Quarterly, Washington, D.C. This weekly pubHcation contains decisions of the courts and Patent and Trademark Office ki patent, trademark, and copyright cases. 

Parker, R. J. (Chairman), 1975. The Flixborough Disaster. Report of the Court of Inquiry. London HM Stationery Office. 

The movement toward federal appliance efficiency standards stalled in the 1980s as the Reagan Administration, which opposed standards from an ideological perspective, began. That administration s approach was made evident by its refusal to finalize the DOE s 1980 standards proposal, and in 1983, by the issuance of a federal rule that determined that no standards were necessary. Both the delay and the no standard determination were challenged by NRDC, with the support of several large states, through the courts. 

In 1784 this freelance diplomat joined the court of Karl Theodor, Elector of Bavaria, and rapidly rose to become head of the ineffectual Bavarian Army. For his contributions to building up Bavaria s defensive strength, in 1793 he was made a Count of the Holy Roman Empire and took the name Count Rtimford, since that was the original name of the... 

Contract law is a combination of common law and statute law. Common law is judges law, which is continually being revised as important cases come up in the courts. State or federal governments make statute law. 

An obvious solution would be to undervalue the work done, in order to avoid a claim from the client. The case of Lubenham Fidelities and Investment Co v. South Pembrokeshire District Council (1986) took care of any tendency to undervalue. In that case, the Court of Appeal ruled that the contractor might sue the architect in tort for any damages suffered by him because of the negligent valuation. 

The plant engineer may be asked to give expert evidence, which means giving his opinion to the court or tribunal on the subject matter. Prior to giving evidence a proof of evidence will be prepared by the expert and will contain simply the following ... 

It is an offence to cause a noise nuisance while in breach of a notice. Proceedings in the magistrate s court can result in a fine of up to 2000 for each offence. It is also possible that the court may impose a daily penalty for continuing nuisances. 

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