Organizational Law the First Source

Organizational Law

The first source of law is the House of Representatives. Bills are written by congresspersons or senators and then after debate these bills may be passed into law, after being signed by the President. Similar processes exist at the state and civic levels as well. The other source of law is through court rulings. The judicial system is responsible for interpreting the laws passed by the legislative branch and these interpretations form a guide as to how other courts will implement the law.

Litigation is a dispute mechanism by which the dispute is adjudicated in the court system. There are a number of alternative dispute mechanisms as well, including arbitration, mediation and negotiation. The use of ADMs is generally more affordable than the use of the court system, less risky because you have more control over the process and as well ADMs often lead to more creative and amicable solutions than legal rulings.

The five essential elements of a valid contract are offer and acceptance, mutual consent, mutual consideration, enforceability (legal subject) and competent parties.

An employee works for the company and is subject to all applicable employment law. An independent contractor is not an employee of the company, but is considered to be self-employed. Therefore, the contractor is not subject to employment law but rather to contract law.

An intentional tort is a harmful act that is deliberate in nature. A negligent act is one that causes harm, but that harm does not arise from a deliberate act but rather from a failure to take care or fulfill a duty owed.

A patent is legally established by the Patent Office. It covers a specific device or process and it protected by the Patent Act. A patent can be enforced through the legal system. By contrast a trade secret more difficult to protect through the legal system. A trade secret is not generally known to the public whereas a patent is publicly viewable. A trade secret can be protected in states that subscribe to the Uniform Trade Secrets Act, but typically cannot be protected once the secret has been revealed.

There are a number of common encumbrances on title. Some examples are liens, mortgages, judgments, unpaid taxes, clouded title, easements and other restrictions.