Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Delegation (law)


  
  Delegation (law) - Wikipedia, the free encyclopedia
Delegation is a term used in the law of contracts to describe the act of giving another person the responsibility of carrying out the performance agreed to in a contract.
A parallel concept to delegation is assignment, which occurs when one party transfers his present rights to receive the benefits accruing to the assignor under that contract.
Another common law rule requires that a party to a contract can not delegate performance that involves special skills or reputation (although it is possible to have a novation under such circumstances).
en.wikipedia.org /wiki/Delegation_(law)   (434 words)

  
 Common law - Wikipedia, the free encyclopedia
Although the separate courts were merged long ago in most jurisdictions, or at least all courts were permitted to apply both law and equity, the distinction between law and equity remains important in categorising and prioritising rights to property, and in the principles that apply to the grant of equitable remedies by the courts.
The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence, and as developing the body of law recognizing and regulating contracts.
In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict.
en.wikipedia.org /wiki/Common_law   (2305 words)

  
 Teachers' Rights: Encyclopedia of Everyday Law   (Site not responding. Last check: 2007-09-09)
This case provides that a tenured teacher must be given oral or written notice of the dismissal and the charges against him or her, an explanation of the EVIDENCE obtained by the employer, and an opportunity for a fair and meaningful hearing.
This law provides that it is an unlawful employment practice for any employer to discriminate against an individual based on the race, color, religion, sex, or national origin of the individual.
TEXAS: Teacher's certificate may be revoked or suspended if teacher's activities are in violation of the law, the teacher is unworthy to instruct the youth of the state, the teacher abandons his or her contract, or the teacher is convicted of a crime.
law.enotes.com /everyday-law-encyclopedia/89947   (4218 words)

  
 CATHOLIC ENCYCLOPEDIA: Delegation
The person delegated by the lawful superior must be a cleric well versed in the matter for which he receives delegation, and he must not be excommunicate.
If the delegate be commissioned by the pope, he should ordinarily be an ecclesiastical dignitary or a cathedral canon, and the case should be heard in a city or place of some religious or civic distinction.
In general, a delegate may not proceed to the exercise of his power until it be formally notified to him, for, according to an axiom of law, jurisdiction is acquired only by one knowing and accepting.
www.newadvent.org /cathen/04696b.htm   (1471 words)

  
 CPJ News Alert
The fundamental flaw in the government's draft law is that it would continue and increase the use of criminal penalties (instead of just civil penalties) resulting in the threat of lengthy jail sentences and severe fines for defamation.
The delegation has noted that Angola's constitutional freedom of expression guarantees are particularly violated in provincial areas such as Malanje and Kwanza-Norte, where governors Manuel Pacavira and Flavio Fernandes have frequently used their administrative powers to punish local journalists for their reporting.
Delegation members hope to meet with a presidential spokesman tomorrow morning and will present more detailed findings in a report that will be submitted to the Angolan government.
www.cpj.org /news/2000/Angola04oct00ts.html   (710 words)

  
 [No title]
Held: upheld delegation of power to Pres of tariff making power b/c Pres was not exercising lawmaking function but only ascertaining a fact- he acted contingent upon an event as stated by Congress.
Rhenquist (concurring): thinks Congress improperly delegated to agency decision as to whether the statistical probability of future deaths should ever be disregarded in light of economic costs.
Sinderman supra where de facto tenure- even though state law provides that teachers or professors have not tenure and can be discharged without cause at the end of the school yr, can prove de facto tenure- unwritten common law.
www.law.nyu.edu /studentorgs/sba/outlines/upperlevel/adminlaw/silberman_s95.doc   (20331 words)

  
 LAW ENFORCEMENT DELEGATION TO SOUTH AFRICA   (Site not responding. Last check: 2007-09-09)
Delegates will visit historical sites of interest including the family home of Nelson Mandela and the monument to Hector Peterson, the 13-year-old child who was the first victim of the 1976 street riots, and drive through the diverse neighborhoods of the township.
Delegates will exchange with and about Cape Town’s police force, internal and external issues facing the development of a fair and impartial criminal justice system, and whether gender issues in law enforcement exist as an element of South African culture.
Delegates may choose to stroll along the colorful Waterfront District with its craft markets and up-market boutiques, or take the ferry for a trip to the Robben Island Museum, custodian of the records of the Freedom Struggle and the site of the imprisonment of Nelson Mandela.
www.ambassadorprograms.org /upcomingprograms/law/vicky_peltzer.asp   (1051 words)

  
 KAHAN.HTM
Delegation, the critics charge, relieves our elected representatives of their responsibility to make law and binds us to the will of unaccountable bureaucrats.
Thus, delegation is actually a means of so-lidifying the influence of interest groups; the appearance of inde-pendent deliberation or guardianship of higher values is an illu-sion.
To say that delegation makes Congress more responsive to interest groups than to citizens generally is akin to saying that delegation connects the law more reliably to the preferences of the parties who care about the law the most, since they are the ones who will have the incentive to form an effective interest group.
www.constitution.org /ad_state/kahan.htm   (3732 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 4 of 58
Southard 63 was the contention that Congress had unconstitutionally delegated power to the federal courts to establish rules of practice, provided such rules were not repugnant to the laws of the United States.
Delegation and Individual Liberties.--It has been argued in separate opinions by some Justices that delegations by Congress of power to affect the exercise of ''fundamental freedoms'' by citizens must particularly be scrutinized to require the exercise of a congressional judgment about meaningful standards.
Perhaps refining the delegation doctrine, at least in cases where Fifth Amendment due process interests are implicated, the Court held that a government agency charged with the efficient administration of the executive branch could not assert the broader interests that Congress or the President might have in barring lawfully resident aliens from government employment.
caselaw.lp.findlaw.com /data/constitution/article01/04.html   (5986 words)

  
 CYPRUS DELEGATION TELLS WOMEN’S ANTI-DISCRIMINATION COMMITTEE ABOUT SWEEPING LEGAL CHANGES AIMED AT ACHIEVING DE ...
Another delegate said that 374 of the 939 domestic violence cases reported had resulted in criminal investigations and/or trials, but the results of those investigations would likely not be available until next year.  In 2004, 42 of 91 investigations of sexual exploitation had been reported as having occurred in high-risk places like nightclubs and cabarets.
Returning to a question asked earlier regarding citizenship law, another delegate said that, by the terms of a 2002 amendment to the law addressing the rights of those born between 16 August 1960 and 1999, both male and female children born to Cypriot citizens during that period could decide on their own citizenship of preference.
Another delegate addressed questions relating to poverty, saying that recent research by the welfare department had shown that single parents, elderly people, and women with disabilities were among the most vulnerable.  A programme had been established to provide them with skills training in an effort to promote their social inclusion.
www.un.org /News/Press/docs/2006/wom1563.doc.htm   (2004 words)

  
 Encyclopedia of Small Business - Co-Di
Copyright is a kind of protection offered by the laws of the United States to the authors of "original works of authorship," including literary, musical, dramatic, artistic, and other intellectual works.
Delegation is the practice of turning over work-related tasks and/or authority to employees or subordinates.
According to tax law, depreciation is defined as a reasonable deduction for the wearing down and/or obsolescence of those fixed assets.
www.referenceforbusiness.com /small/Co-Di/index.html   (2918 words)

  
 Law Office Ideas: New ways to look at delegation
Delegation is also critical for ensuring that legal tasks and issues are handled at an appropriate billing rate and seniority level.
Delegating isn’t asking someone to do a task, nor is it asking someone with specific expertise to review a document or consult on a matter.
Delegating is taking a project or matter for which you are responsible and passing it on – in whole or in part – to be handled by another person.
www.whittierlegal.com /archives/issuejune03.html   (955 words)

  
 Nadine Strossen, Delegation as a Danger to Liberty
First, delegation shifts power from Congress and the President — two highly visible institutions that are responsive to a broad spectrum of interests — to various agencies, commissions, and boards — lower-visibility institutions that are attuned to only a small subset of all the interests.
The fourth respect in which delegation threatens liberty is consolidation of lawmaking and law enforcement power in the same hands.
The upshot of this delegation was that the FCC got to be both lawmaker and law enforcer over the content of constitutionally protected speech to boot.
www.constitution.org /ad_state/strossen.htm   (3592 words)

  
 IFLR: Researching European Union Law
Hartley, The Foundations of European Community Law: An Introduction to the Constitutional and Administrative Law of the European Community (5th ed., Oxford; New York: Oxford University Press, 2003).
Regulations are Community laws adopted by the Council of the European Union upon a proposal from the Commission.
Delegation of the European Commission to the United States.
www.law.berkeley.edu /library/classes/iflr/europeanunion.html   (3804 words)

  
 Legislative Update Newsletter - WA State Dept. of Health   (Site not responding. Last check: 2007-09-09)
Delegation is rigorous; it requires the nurse to train and oversee the care delivered by a nursing assistant to a specific individual.
The law limited delegation to situations where the patient’s condition was determined to be “stable and predictable,” and where the patient provided informed consent to the delegation.
The delegation was authorized between an individual nurse, one assistant and a specific patient, and only after the nursing assistant had completed several hours of core nurse delegation training.
www.doh.wa.gov /Leg/2003_Legup/02_20_03_LegUpdate.htm   (1010 words)

  
 ICRC regional delegation: Kyiv
In this context, the regional delegation in Kyiv pursued its brief to spread knowledge of and foster respect for international humanitarian law.
The delegation maintained regular contact with the interministerial committees in all three countries to help them bring their national legislations in line with their international obligations.
All the competitors used the same case study prepared by the ICRC delegation in Moscow, and the team from the International Institute of Linguistics and Law in Kyiv emerged as one of the three winners.
www.icrc.org /Web/eng/siteeng0.nsf/iwpList215/6425FD4302CCB9A6C1256B66006056F2   (935 words)

  
 Fed-Soc.org - Society Debates Resurrecting the Non-Delegation Doctrine - Spring 1999   (Site not responding. Last check: 2007-09-09)
The Federalist Society's Administrative Law and Regulation Practice Group's panel discussion at the 1998 National Lawyers Convention on the non-delegation doctrine featured lively debate on the prospects for its resurrection.
First, Professor Schoenbrod described the evils of broad delegations, arguing that delegation by Congress of its legislative authority to the executive branch vastly increases the amount of Federal regulation.
He explained that Congress is able, through broad delegations, to take credit for bestowing rights but simultaneously is able to avoid the blame for imposing duties.
www.fed-soc.org /Publications/practicegroupnewsletters/administrativelaw/sdebates-admin31.htm   (1316 words)

  
 SSRC :: Vietnam Program :: Rule of Law Research Delegation from Vietnam
The eight-member delegation was chaired by Professor Quy Duy Nguyen, former president of the Vietnamese Academy of Social Sciences and included Dr. Duong Ngoc Tran, National Assembly Delegate, and Dr. Phuc Van Thang, Vice-Minister of Home Affairs.
The interplay and linkages between law, social science, and society is an area where the Council has encouraged innovation and research capacity building and is helping social scientists engage broader constituencies, nationally and internationally.
During their stay in New York and Washington, DC, the delegation explored different organizational and operational structures and models in the U.S. within their socio-economic, political, and cultural contexts to assess whether they could be adapted for Vietnam.
www.ssrc.org /programs/vietnam/Social_Science_Research_Training_Program_Hanoi/rule_of_law_delegation.page   (294 words)

  
 Employment Law Professional Delegation to South Africa   (Site not responding. Last check: 2007-09-09)
A delegation of professionals specializing in employment law has been selected to participate in bilateral exchanges with their professional counterparts in South Africa, under the auspices of People to People Ambassador Programs.
Topics of discussions for the professional meetings are provided by the delegation leader and will be modified to accommodate the specific interests of delegates as the delegation grows.
Delegates and guests will travel to Kruger National Park, one of the world’s largest controlled nature reserves that encompasses nearly 12,000 square miles of wildlife safari country and supports more than 800 species of animals living in their natural habitats.
www.ambassadorprograms.org /upcomingprograms/law/paul_tobias.asp   (801 words)

  
 Law School Delegation Returns from Study Tour of Ireland
Their mission was to explore legal issues relating to the development of Ireland's economy though international investment and trade, Ireland's legal landscape and culture, its unique role in the European Union, and its strong and continuing ties to the United States.
The delegates also met with solicitors from the Dublin law firms of AandL Goodbody, Arthur Cox, McCann FitzGerald, and William Fry.
The delegation was sponsored by the law firms Arthur Cox, McCann FitzGerald, and William Fry.
www.news.harvard.edu /gazette/1997/04.03/LawSchoolDelega.html   (365 words)

  
 Library of Congress Information Bulletin - May-June 2004
At a briefing hosted by the Law Library of Congress on April 26, the Pakistani delegates expressed the need to inform world legislators of the enactment of the 17th amendment to the Pakistan Constitution, which deals with several procedures involving the presidency, judiciary and previous laws.
The delegation was in the United States to introduce the Pakistani legislators to the role that research services play in the American legislative process.
Kersi Shroff, chief of the Law Library’s Western Law Division, who spearheaded contacts with Pakistani legislators during a recent fact-finding mission to Islamabad, assured the delegates that U.S. legislators are regularly informed of important legislation enacted in Pakistan.
www.loc.gov /loc/lcib/0405-6/pakistan.html   (501 words)

  
 International humanitarian law (IHL)
The author revives the calls for a single body of law covering all types of conflicts, relying significantly on the judgments of the international tribunals as well as the fundamental objectives and principles of humanitarian law.
The ICRC acts as the guardian of international humanitarian law, a complex role that is closely connected with its own foundation and was later formally entrusted to it by the international community.
A team of ICRC delegates has completed a mission to Sulu, where it evaluated the humanitarian consequences of the recent fighting between the Armed Forces of the Philippines (AFP) and armed opposition groups and met with local authorities and humanitarian organizations.
www.icrc.org /eng/ihl   (2889 words)

  
 US CODE: Title 2,285d. Staff; Deputy Law Revision Counsel; delegation of functions
Any person so appointed may be removed by the Law Revision Counsel with the approval of the Speaker, or in accordance with policies and procedures approved by the Speaker.
During the absence or disability of the Law Revision Counsel, or when the office is vacant, the Deputy Law Revision Counsel shall perform the functions of the Law Revision Counsel.
(B) The Law Revision Counsel may delegate to the Deputy Law Revision Counsel and to other employees appointed under paragraph (1) such of his or her functions as he or she considers necessary or appropriate.
www.law.cornell.edu /uscode/uscode02/usc_sec_02_00000285---d000-.html   (227 words)

  
 GOP.gov - Hyde Asks DEA to Sponsor Visit of Local Law Enforcement Delegation to Colombia   (Site not responding. Last check: 2007-09-09)
U.S. Rep. Henry J. Hyde (R-IL), on Thursday, asked the Drug Enforcement Administration (DEA) for assistance in arranging the visit of a delegation of local law enforcement officials to Colombia, a major source of heroin in the metropolitan area.
In his letter to Karen P. Tandy, Administrator of the DEA, Hyde said the idea for a delegation trip was broached during a visit last month to Colombia by investigative staff of the House International Relations Committee.
The letter suggests that the delegation include law enforcement officials from DuPage, Cook and Kane counties, all of which have been hard hit by growing heroin use.
www.gop.gov /item-news.asp?docId=59362   (630 words)

  
 SSRC :: Vietnam Program :: Delegation members
Professor Dao was trained in law at Moscow State University in the 1960's, and then completed the candidate doctor degree program at the Institute of State and Law in the Soviet Academy of Sciences between 1978-82.
Between 1982-88 he was a research fellow in the Soviet Union and completed the doctor of science degree program at the Institute of State and Law.
Before that, for ten years, he was a lecturer of law at the Hanoi Law University (from 1974-84).
www.ssrc.org /programs/vietnam/Social_Science_Research_Training_Program_Hanoi/delegation_members.page   (611 words)

  
 Delegation of Russian judges to visit Stetson Law Friday   (Site not responding. Last check: 2007-09-09)
WHO: A delegation of judges and courtroom personnel from Saint Petersburg, Russia, will be at Stetson University College of Law to observe American legal education.
WHY: The Russian delegation will visit Stetson University College of Law on Friday, Nov. 21, for an overview of legal education and advocacy training in the United States and to meet with students and faculty.
Stetson is ranked first in Trial Advocacy in the 2004 U.S. News & World Report rankings of law schools, and is the headquarters for the National Conference of Law Reviews.
www.law.stetson.edu /Communications/news.asp?id=38   (255 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.