Administrative Law Assignment 1. Food and Drug Administration – Food and drugs are consumed and used by every American so regulation put in place by the FDA also affects all Americans. It is due to this wide scope that I am interested in FDA regulation. 2. The FDA proposes to amend the sterility test requirements for biological products. This Proposed rule is intended to provide manufactures of biological products greater flexibility and to encourage use of the most appropriate and state-of-the-art
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NOTE: Public authorities exercise discretionary powers as a process of reasonableness and this discretion must be within the power given to them by the prescribed statute. If a public authority acts outside of the statute it is deemed Ultra Vires or unconstitutional. However‚ the definition has been extended by case law to include some bodies which derive their authority from a source other than Parliament. This is due to a shift in the focus of the courts from looking at
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cat advt The BJP too was guarded in its reaction. "The party will go through the judgment in detail and will come out with a structured response‚" said the BJP’s deputy leader in the Rajya Sabha Ravi Shankar Prasad. Though the RPA bars a convicted person from contesting elections‚ the exception carved out under Section 8(4) of the RPA had till now allowed a convicted law-maker to complete his five-year tenure unless his or her appeal is dismissed earlier. It was beyond the power of Parliament
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scs&ismk/company law CONT. 2 The Effect of Incorporation • Memorandum of Association & Articles of Directors’ duties and liabilities association • Common law & statutory • Termination • Limited Liability Winding up Doctrine of Ultra Vires Pre-Incorporation Contract Directors’ duties and liabilities scs&ismk/company law 3 In Malaysia‚ the law relating to companies are governed by the Companies Act 1965 (CA 1965). scs&ismk/company law 4 The word company or corporation
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Contents Case Analysis Salomon v. Salomon & Co. 1897 Human Beings are generally legal person but humanity is a state of nature and legal personality is an artificial construct‚ which may or may not be conferred. The origin of corporation lies in a logical extension of this separation of humanity from legal personality as the group of humans who are engaged in a common activity could attempt to simplify their joint activity by gaining legal personality from the venture.
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corporation created by an Act of Parliament or a legislature for a specific purpose. The corporation has powers specially granted to it by the statute. If the corporation attempts to do something that is not authorized under the statute‚ the act is ultra vires (beyond the powers of) corporation and a nullity. 4. General-Act: A form of incorporation whereby a corporation may be created by filing specific information required by the statute. The document filed is known as Memorandum of Association.
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. Contract duties are obligations imposed by law. False 2. Contract law reduces the cost of economic transactions. true 3. A quasi-contract is not a contract‚ but a fiction created by the courts to prevent injustice. true 4. An agreement that is illegal is void. True 5. A contract need not be in writing to be enforceable. False 6. Specific performance is a limited remedy as it is only available for breach of contract to sell a unique item. True 7. A _____ is a promise or a set of promises
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constitute the law applicable in a country at a given time. In other words the materials from which rules of law are developed. KEY DEFINITIONS Bill: - a draft law or legislation Delegated legislation: - law made by parliament indirectly Ultra vires: - Latin term which means “beyond the powers” Common law: - a branch of the law of England which was developed from customs‚ usages and practices of the English people Stare decisis; - Latin term which means “the decision stands” Precedent:
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Constitutional Law I B.A. LL.B. (Hons.) I Year III Trimester Year 2011-2012 A Critical Evaluation of Legislative Competency with Reference to Prohibition of Unfair Practices in Technical Educational Institutions‚ Medical Educational Institutions and Universities Bill‚ 2010 Submitted by: Arunima Kedia Id No. 1877 Date of Submission: 9th May‚ 2012 Table of Contents Index of Authorities 2 List of Statutes 2 List of Cases 2 Introduction 4 Research Methodology 5 I. Federalism and the Constitution
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consciousness of German intelligence. False radio transmissions from FUSAG were sent over the air‚ and false references were made to it in bona-fide messages. General Patton was mentioned as its commander. By January 9 1944 the deception had “borne fruit: an Ultra intercept referred to FUSAG on that day and others followed.” This was the proof that the operations of Fortitude got what they needed‚ but they could not distract the attention of the Germans from Normandy for good. Luckily‚ in the end they had hoped
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