IPR, Media & Cyber Law Assignment 1

Submitted by Pritesh Bohra 10020541055 System and Finance

IPR, Media & Cyber Law 201 1

Mediation
Mediation, as used in law, is a form of alternative dispute resolution (ADR), is a way of resolving disputes between two or more parties. A third party, the mediator assists the parties to negotiate their own settlement (facilitative mediation). In some cases, mediators may express a view on what might be a fair or reasonable settlement, generally where all the parties agree that the mediator may do so.

Adjudication
It is the legal process of resolving a dispute in which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between parties involved. Three types of disputes are resolved through adjudication: Disputes between private parties, such as individuals or corporation Disputes between private parties and publics officials Disputes between public officials or public bodies.

Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law.

Evidence
Evidence is a documentary or oral statements and the material objects admissible as testimony in a court of law. Evidence is the currency by which one fulfills the burden of proof. The burden of proof is the burden of providing sufficient evidence to shift a conclusion from an oppositional opinion.

Procedural law
Procedural law lays down the procedure for administration of justice. It comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Symbiosis Institue of Telecom Management

Page 2

IPR, Media & Cyber Law 201 1

For example, in most courts of general jurisdiction in the United States, criminal cases are given priority over civil cases, because criminal defendants stand to lose their freedom, and should therefore be accorded the first opportunity to have their case heard.

Substantive laws
Substantive laws are laws which establish a right or give a citizen a right. They create specific rights. They provide remedy even if there isnt a right. They also create obligation or duties. Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. Substantive law defines the legal relationship of people with other people or between them and the state. Substantive law stands in contrast to procedural law, which comprises the rules by which a court hears and determines what happens in civil or criminal proceedings. Procedural law deals with the method and means by which substantive law is made and administered. The times allowed for one party to sue another and the rules of law governing the process of the lawsuit are examples of procedural laws. Substantive law defines crimes and punishments (in the criminal law) as well as civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Another way of summarizing the difference between substantive and procedural is as follows: Substantive rules of law define rights and duties, while procedural rules of law provide the machinery for enforcing those rights and duties.

Precedents
Precedents derived law from interpreting of statute. It is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. It can be defined as a rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases.

Pecuniary jurisdiction
Pecuniary jurisdiction, also called monetary jurisdiction, of the court divides the court on a vertical basis. At present the pecuniary jurisdiction of the Delhi courts is as follows: - Suits amounting to Rs.1 - Rs.20, 00,000 lie before district courts. - Suits over and above Rs. 20,00,000/- lie before High Courts.

Symbiosis Institue of Telecom Management

Page 3

IPR, Media & Cyber Law 201 1

It is very important to note that the amount of pecuniary jurisdiction is different for all High Courts. This limit is decided by respective High Court Rules. In many states High court has no pecuniary jurisdiction. All civil suits go before District Courts, and only appeal lies before High Court.

Territorial Jurisdication
Jurisdiction is a power to resolve a dispute or liss and territorial jurisdiction refers to the territory over which a court has the power to resolve dispute. Ex: A court in Mumbai city might have territorial jurisdiction only for within the city. Cases within the territorial limits of that city have to be filed within that particular court.

Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do, or to refrain from doing, certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions. In some cases, breaches of injunctions are considered serious criminal offenses that merit arrest and possible prison sentences. E.g. A gag order is an order by a court or government restricting information or comment from being made public.

Status quo
Status quo, a commonly used form of the original Latin "statu quo" literally "the state in which" is a Latin term meaning the current or existing state of affairs.[1] To maintain the status quo is to keep the things the way they presently are. The related phrase status quo ante, literally "the state in which before", means "the state of affairs that existed previously". The concept of status quo is often used when referring to political or social conditions. The idea is often debated vis--vis the dialectic between power systems that reinforce the status quo and those who seek to subvert it.

Jurisdiction
A jurisdiction is an area with a set of laws under the control of a system of courts which are different to neighbouring areas. Jurisdiction (from the Latin ius, iuris Symbiosis Institue of Telecom Management Page 4

IPR, Media & Cyber Law 201 1

meaning "oath" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

Sovereign State
A sovereign state, or simply state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. Sovereign government is a government that has power to formulate its own laws. It is also normally understood to be a state which is neither dependent on nor subject to any other power or state.

Personal Law
Personal Laws may or may not be codified. E.g. hindu law etc. The people of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs, i.e., marriage, divorce, succession, etc. Marriage: Law relating to marriage and/or divorce has been codified in different enactments applicable to people of different religions. Child Marriage: The Child Marriage Restraint Act provides that marriage age for males will be 21 years and for females 18 years. Adoption: Although there is no general law of adoption, it is permitted by the Hindu Adoption and Maintenance Act, 1956 amongst Hindus and by custom amongst a few numerically insignificant categories of persons. Maintenance: Obligation of a husband to maintain his wife arises out of the status of the marriage. Right to maintenance forms a part of the personal law. Succession: The Indian Succession Act was enacted in 1925. The object of the Act was to consolidate the large number of laws which were in existence at that time. Laws governing succession to Muslims and Hindus were excluded from the purview of the Act.

Arbitration
Arbitration is a legal technique for the resolution of disputes outside courts, where the parties to a dispute refer it to one or more persons (the arbitrators or arbiters), by Symbiosis Institue of Telecom Management Page 5

IPR, Media & Cyber Law 201 1

whose decision they agree to be bound. It is a settlement technique in which a third party reviews the case and imposes a decision that is legally binding for both sides.

Symbiosis Institue of Telecom Management

Page 6