Related Research Articles
In law, ex parte is a Latin term meaning literally "from/out of the party/faction of", thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.
In United States patent law, utility is a patentability requirement. As provided by 35 U.S.C. § 101, an invention is "useful" if it provides some identifiable benefit and is capable of use and "useless" otherwise. The majority of inventions are usually not challenged as lacking utility, but the doctrine prevents the patenting of fantastic or hypothetical devices such as perpetual motion machines.
The doctrine of legitimate expectation was first developed in English law as a ground of judicial review in administrative law to protect a procedural or substantive interest when a public authority rescinds from a representation made to a person. It is based on the principles of natural justice and fairness, and seeks to prevent authorities from abusing power.
This is a list of legal terms relating to patents. A patent is not a right to practice or use the invention, but a territorial right to exclude others from commercially exploiting the invention, granted to an inventor or his successor in rights in exchange to a public disclosure of the invention.
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, often by a public body. A person who feels that an exercise of power is unlawful may apply to the Administrative Court for a court to decide whether a decision followed the law. If the court finds the decision unlawful it may have it set aside (quashed) and possibly award damages. A court may impose an injunction upon the public body.
The remedies available in Singapore administrative law are the prerogative orders – the mandatory order, prohibiting order (prohibition), quashing order (certiorari), and order for review of detention – and the declaration, a form of equitable remedy. In Singapore, administrative law is the branch of law that enables a person to challenge an exercise of power by the executive branch of the Government. The challenge is carried out by applying to the High Court for judicial review. The Court's power to review a law or an official act of a government official is part of its supervisory jurisdiction, and at its fullest may involve quashing an action or decision and ordering that it be redone or remade.
Administrative law in Singapore is a branch of public law that is concerned with the control of governmental powers as exercised through its various administrative agencies. Administrative law requires administrators – ministers, civil servants and public authorities – to act fairly, reasonably and in accordance with the law. Singapore administrative law is largely based on English administrative law, which the nation inherited at independence in 1965.
Threshold issues are legal requirements in Singapore administrative law that must be satisfied by applicants before their claims for judicial review of acts or decisions of public authorities can be dealt with by the High Court. These include showing that they have standing to bring cases, and that the matters are amenable to judicial review and justiciable by the Court.
Dow v. United States, 226 F. 145, is a United States Court of Appeals, Fourth Circuit, case in which a Syrian immigrant, George Dow, appealed two lower court decisions denying his application for naturalization as a United States citizen. Following the lower court decisions in Ex Parte Dow (1914) and In re Dow (1914), Dow v. United States resulted in the Circuit Court's affirmation of the petitioner's right to naturalize based, in the words of Circuit Judge Woods, on “the generally received opinion. .. that the inhabitants of a portion of Asia, including Syria, [are] to be classed as white persons”.
Civil procedure in South Africa is the formal rules and standards that courts follow in that country when adjudicating civil suits. The legal realm is divided broadly into substantive and procedural law. Substantive law is that law which defines the contents of rights and obligations between legal subjects; procedural law regulates how those rights and obligations are enforced. These rules govern how a lawsuit or case may be commenced, and what kind of service of process is required, along with the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases, the timing and manner of depositions and discovery or disclosure, the conduct of trials, the process for judgment, various available remedies, and how the courts and clerks are to function.
South African administrative law is the branch of public law in that country which regulates the legal relations of public authorities, whether with private individuals and organisations or with other public authorities, or better say, in present-day South Africa, which regulates "the activities of bodies that exercise public powers or perform public functions, irrespective of whether those bodies are public authorities in a strict sense." According to the Constitutional Court, administrative law is "an incident of the separation of powers under which the courts regulate and control the exercise of public power by the other branches of government."
Insolvency in South African law refers to a status of diminished legal capacity imposed by the courts on persons who are unable to pay their debts, or whose liabilities exceed their assets. The insolvent's diminished legal capacity entails deprivation of certain of his important legal capacities and rights, in the interests of protecting other persons, primarily the general body of existing creditors, but also prospective creditors. Insolvency is also of benefit to the insolvent, in that it grants him relief in certain respects.
In Ex Parte Boedel Steenkamp, an important case in the South African law of persons and succession, heard on June 21, 1962, the residue of the deceased's estate was bequeathed in equal shares in his will to his daughter and his daughter's children "wat by datum van dood in die lewe is". At the time of the deceased's death, his daughter had two children and was pregnant with a third. The question before the court was whether the nasciturus could inherit. The court was unwilling to act to the prejudice of the nasciturus, and held, therefore, that it could inherit. A child in ventre matris had to be presumed to be alive for the purpose of inheritance, and was entitled to inherit equally with his mother, the testator's daughter, and her other children already born at the death of the testator.
In Miller v Janks, an important case in South African insolvency law, the court held that an insolvent possesses an estate capable of being sequestrated even though, at the time of sequestration, his estate consists only of liabilities.
In Ex parte Harmse, an important case in South African insolvency law, the applicant's statement indicated an excess of assets over liabilities, but the only evidence that he adduced to prove otherwise were certain letters written by estate agents or valuers. The court held that the applicant had failed to adduce sufficient evidence to establish on a balance of probabilities that he was insolvent: “It is only acceptable and admissible evidence which can displace the prima facie inference of solvency when the applicant’s own estimate of values exceeds the amount of the liabilities.”
In Ex parte Alberts, an important case in South African insolvency law, the applicant's schedules showed assets to the value of £76 and fifteen creditors for £300. The court held that, before a court may accept a voluntary surrender,
Ex parte Henning is an important case in South African insolvency law.
In Ex parte Goldman, an important case in South African insolvency law, the court had to decide whether the document in which the debtor published his intention to surrender constituted a newspaper.
In Ex parte Barton, an important case in South African insolvency law, it appeared, upon the debtor's application for leave to surrender his estate as insolvent, that he had previously lived in Durban and that all his creditors were in Natal. The court held that the application should be postponed in order for the notice of the application to be published in a Natal newspaper and for the debtor's schedules to lie for inspection at Durban.
Provisional liquidation is a process which exists as part of the corporate insolvency laws of a number of common law jurisdictions whereby after the lodging of a petition for the winding-up of a company by the court, but before the court hears and determines the petition, the court may appoint a liquidator on a "provisional" basis. Unlike a conventional liquidator, a provisional liquidator does not assess claims against the company or try to distribute the company's assets to creditors, as the power to realise the assets comes after the court orders a liquidation.
References
- Ex parte Slabbert 1960 4 SA 677 (T).
