|
Hinton V Donaldson
''Hinton v Donaldson'' (1773, 5 Brn 508) is a Scots copyright law case, in which the Court of Session rejected the claim that copyright existed beyond the limited term introduced under the Statute of Anne. Background The Statute of Anne was passed in 1710, as the United Kingdom's first copyright statute. Under the statute, authors (and their publishers) had the sole authority to reproduce and sell their works for a period of 14 years. The term could be renewed if the author was still alive. Thomas Stackhouse, an English theologian, wrote ''New History of the Holy Bible'' in 1738. His copyright, therefore, had expired in 1752. A London bookseller, John Hinton printed and profitably sold the second edition of the book, although the statutory copyright term had expired. Scottish bookseller, Alexander Donaldson, John Wood, and James Meurose were printing a different edition of Stackhouse's book. Hinton sued the three booksellers before the Court of Session, arguing that he had ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session
The Court of Session is the highest national court of Scotland in relation to Civil law (common law), civil cases. The court was established in 1532 to take on the judicial functions of the royal council. Its jurisdiction overlapped with other royal, state and church courts but as those were disbanded, the role of the Court of Session ascended. The Acts of Union 1707, Acts of Union which established the Kingdom of Great Britain on 1 May 1707 provided that the court will "remain in all time coming" as part of Scotland's separate Scots law, legal system. Cases at trial court, first instance are heard in the Outer House by a single judge. The Inner House hears appeals from the Outer House and all other courts and tribunals in Scotland. Only Scottish advocates and solicitor-advocates may argue cases before the court. The Court of Session has sat at Parliament House, Edinburgh, Parliament House since 1707. The Scottish Courts and Tribunals Service and the Principal Clerk of Session ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York University School Of Law
The New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it was the first law school established in New York City and is the oldest surviving law school in New York State and one of the oldest law schools in the United States. Located in Greenwich Village in Lower Manhattan, NYU Law grants J.D., LL.M., and J.S.D. degrees. In , NYU Law's bar passage rate was 94.9%, the sixth-highest in the United States. History New York University School of Law was founded in 1835, making it the oldest law school in New York City. It is also the oldest surviving law school in New York State and one of the oldest in the United States. The only law school in the state to precede it was a small institution conducted by Peter van Schaack in Kinderhook, New York, from 1785 to his death in 1832. Founded just four years after the establishment of New York University, NYU Law is also the unive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for Impeachment in the United Kingdom, impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In Appellate Jurisdiction Act 1876, 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lord of Appeal in Ordinary, Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and the use of special courts for ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dissenting Opinion
A dissenting opinion (or dissent) is an Legal opinion, opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also delivered and published at the same time. A dissenting opinion does not create binding precedent nor does it become a part of case law, though they can sometimes be cited as a form of persuasive authority in subsequent cases when arguing that the court's Holding (law), holding should be limited or overturned. In some cases, a previous dissent is used to spur a change in the law, and a later case may result in a majority opinion adopting a particular understanding of the law formerly advocated in dissent. As with concurring opinions, the difference in opinion between dissents and majority opinions can often illuminate the precise hol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Monboddo
James Burnett, Lord Monboddo (baptised 25 October 1714 – 26 May 1799) was a Scottish judge, scholar of linguistic evolution, philosopher and deist. He is most famous today as a founder of modern comparative historical linguistics. In 1767, he became a judge in the Court of Session. As such, Burnett adopted an honorary title based on the name of his father's estate and family seat, Monboddo House. Monboddo was one of a number of scholars involved at the time in development of early concepts of biological evolution. Some credit him with anticipating in principle the idea of natural selection that was read by (and acknowledged in the writings of) Erasmus Darwin. Charles Darwin read the works of his grandfather Erasmus and later developed the ideas into a scientific theory. Early years James Burnett was born in 1714 at Monboddo House in Kincardineshire, Scotland. After his primary education at the parish school of Laurencekirk, he studied at Marischal College, Aberdeen, from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
James Boswell
James Boswell, 9th Laird of Auchinleck (; 29 October 1740 ( N.S.) – 19 May 1795), was a Scottish biographer, diarist, and lawyer, born in Edinburgh. He is best known for his biography of the English writer Samuel Johnson, '' Life of Samuel Johnson,'' which is commonly said to be the greatest biography written in the English language. A great mass of Boswell's diaries, letters, and private papers were recovered from the 1920s to the 1950s, and their publication by Yale University has transformed his reputation. Early life Boswell was born in Blair's Land on the east side of Parliament Close behind St Giles' Cathedral in Edinburgh on 29 October 1740 ( N.S.). He was the eldest son of a judge, Alexander Boswell, Lord Auchinleck, and his wife Euphemia Erskine. As the eldest son, he was heir to his family's estate of Auchinleck in Ayrshire. Boswell's mother was a strict Calvinist, and he felt that his father was cold to him. As a child, he was delicate. Kay Jamison, Profes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Right
The right to property, or the right to own property (cf. ownership), is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights. A right to property is specified in Article 17 of the 1948 Universal Declaration of Human Rights, but it is not recognised in the 1966 International Covenant on Civil and Political Rights or in the 1966 International Covenant on Economic, Social and Cultural Rights. The 1950 European Convention on Human Rights acknowledges a right for a natural or legal person to "peaceful enjoyment of his possessions", subject to the " general interest or to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Perpetual Copyright
Perpetual copyright, also known as indefinite copyright, is copyright that lasts indefinitely. Perpetual copyright arises either when a copyright has no finite term from outset, or when a copyright's original finite term is perpetually extended. The first of these two scenarios is highly uncommon, as the current laws of all countries with copyright statutes set a standard limit on the duration, based either on the date of creation/publication, or on the date of the creator's death. Exceptions have sometimes been made, however, for unpublished works. Usually, special legislation is required, granting a perpetual copyright to a specific work. In many countries, moral rights, which may be covered under the copyright law, can last perpetually. Copyright philosophy The basic philosophical argument employed by proponents of perpetual copyright presupposes that intellectual property ownership rights are analogous to other property rights such as those associated with material goods. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conveyancing
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title). The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. It is a legal requirement in all jurisdictions that contracts for the sale of land be in writing. An exchange of contracts involves two copies of a contract of sale being signed, one copy of which is retained by each party. When the parties are together, both would usually sign both copies, one copy of which being retained by each party, sometimes with a formal handing over of a copy from one party to the other. However, it is usually sufficient that only the copy retained by each p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alexander Donaldson (bookseller)
Alexander Donaldson (1727 – 11 March 1794) was a Scottish bookseller, publisher, and printer. Donaldson was the founding publisher of the weekly newspaper, the '' Edinburgh Advertiser''. He was also known for selling cheap copies of books after their copyright had expired in disregard to London booksellers' opinions on literary property. Early years Donaldson was the son of Dr James Donaldson (died 1754), a textile manufacturer and Treasurer of Edinburgh. His mother was Elizabeth Weir (died 1768). He had an older brother, John. His paternal grandfather was Capt. James Donaldson, publisher of '' The Edinburgh Gazette''. Donaldson inherited approximately £10,000 from his father. In 1748, he opened a bookselling shop in Edinburgh. Two years later, on 29 August 1750, he was made a Burgess and Guild Brother of Edinburgh by right of his father in lieu of an apprenticeship. He married a merchant's daughter, Anna Marshall, on 10 January 1751 and may have received a substantia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
