IN PRESENCE OF GOOD AND STRONG LAW, ETHICS DO NOT REMAIN RELEVANT????

Agree or disagree??? And why???

WHAT IS LAW???

DEFINITION
1. Rules 2.Regulating the society 3.By the state 4.Binding (sanctioned by punishments)

WHO MAKES LAW?

State

Three parts of states

Legislature

Judiciary
Government

CLASSIFICATION OF LAW
Civil Law v Common Law

Public Law v Private Law

Criminal Law v Civil Law

Substantive and Procedural

National and International

CIVIL LAW V COMMON LAW

common law: Law making judges

PUBLIC LAW V PRIVATE LAW

Public Law Law CIVIL CONTRACT TORTS Private Law

Doctrine of binding precedence stare decisis Adversarial system of trial Jury

CRIMINAL LAW V CIVIL LAW

Offences v Disputes

Parties to trial
Beyond reasonable doubt v balance of probabilities Guilt v liability Conviction v remedy Case names

Lawyer Solicitor

Barrister

Statute --- Law set down in Act of Parliament

Code --- Systematic collection of laws designed to deal with main areas of law e.g. Code code , Criminal code

COURT HIERARCHY
Supreme court High court District courts

ALTERNATE DISPUTE RESOLUTION

Arbitration Mediation

Conciliation

MAKING OF LAW

Sovereignty

Western concept Islamic concept

MAKING OF LAW
Bills in parliament

INTERPRETATION OF LAW
1. Literal interpretation Offence to impersonate a person entitled to vote Offence to offer for sale an offensive weapon 2. Golden rule Offence to be in vicinity of prohibited area 3. Mischief rule: (preambles) Offence Drunk in charge of the carriage

 Claimant files claim form with appropriate court. Defendant files defense or admission form. failure to do so can result in default judgment for the claimant. also can file counter-claims here

Plaintiff can file a Reply if defendant has filed a counter-claim or

if ordered to do so by the court.

DISCLOSURE AND INSPECTION OF DOCUMENTS

Party is disclose to court and other parties relevant documents in

his possession, custody or control.

WITNESSES & EVIDENCE

Hostile witnesses Cross examination

JUDGMENT

ETHICS -2 ND WEEK

DC 10 JUMBO JET CASE

cargo door is a part was developed by Convair, a sub contractor for McDonnell Douglas. Convairs senior engineer directing the project, Dan Applegate had written to the Vice president of the company: The Cargo door could burst open, leading to crash of the plane. Hence the door has to be redesigned and the cabin floor has to strengthened.

 Top Management at Convair neither disputed the

technical facts or the predictions made by Applegate.

The liabilities and the cost of redesign were to high. Two years went by. In 1974 the cargo door of DC 10 Jumbo burst open and

the jet crashed near Paris killing 346 .

Whose responsible???

BABYLONS BUILDING CODE: (HAMMURABIS CODE)

If a builder has built a house for a man and has not made his work sound, and the house which he has built has fallen down and so caused the death of the house-holder, the builder should be put to death

WHISTLE BLOWING
Whistle blowing is alerting relevant persons to some moral or legal corruption, where Relevant persons are those in a position to act in response.

CITICORP CENTRE, N.Y FIFTH HIGHEST SKY SCRAPER IN NEW YORK.

THE CHALLENGER CASE

BHOPAL TRAGEDY

MARGALLA TOWER

SHERSHAH BRIDGE COLLAPSE

COMPLAINTS AGAINST PROFESSIONAL ENGINEERS, ETC.

(1) A complaint made against any registered engineer, professional engineer, consulting engineer, constructors or operators as to work or conduct shall be considered by the enrolment committee and, if that committee is of the opinion that there are sufficient reasons to proceed against the person to whom the complaint relates, it may either proceed to inquire into the complaint itself or refer the complaint to a Tribunal of Inquiry.

(3) For the purpose of any inquiry, the enrolment committee shall be deemed to be a court within the meaning of the Qanun-e-Shahadat, 1984

 and shall exercise all the powers of a civil court for summoning witnesses, for compelling the production of documents and for issuing commissions. The Enrolment Committee may also take suomoto notice of a professional misconduct by registered engineer, professional engineer, consulting engineer,

constructor or operator or an engineering organizations

whether in the public or in private sector;

ARTICLE 22(6)
In any case in which it has recommended the imposition of any penalty on, or the prosecution of the respondent, the Tribunal may also recommend that an amount not exceeding twice the amount of the fee received by the respondent from the complainant may be recovered from the respondent and paid to the complainant as compensation.

Cancelation of license