But the system is not perfect. Achieving equal justice for all citizens and governing the rule of law are too often only aspirations. If you look objectively at how the system delivers justice to the poor and disadvantaged, the inequalities are obvious. The system in civil and criminal matters is not fair and uniform and equally accessible to all. The U.S. patent system dates back to the Constitution, in which the founders gave Congress the right to « promote the advancement of science and the useful arts by granting authors and inventors the exclusive right to their respective writings and discoveries for a limited time. » 3 Congress quickly exercised this right for inventors in the first patent law, just as it protected authors` writings in the Copyright Act. The United States The Patent and Trademark Office – the authority responsible for assessing whether a claimed invention meets the legal requirements for a patent – has granted more than ten million patents. Over the past ten years, the ever-increasing pace has reached about three hundred thousand patents, which are granted annually. Private law defines who is considered a person capable of entering into legal relationships and deals with his or her legal capacity (to protect the very young or the mentally ill). These natural persons may create other « artificial » legal entities such as associations, foundations and companies. Two common patterns are that of the president and that of the parliamentary system.
The former merges ceremonial and political power into a single office, its holder being elected directly and quite separately from the legislative power: it is therefore quite possible (and common in the United States) that the president belongs to one party and that a majority of the legislature belongs to another. It separates the executive and legislative powers, so that neither body can dissolve the other: the president is only dismissable for serious crimes in which the legislator acts as a court. The president appoints ministers for confirmation by the legislature, but there is no collective responsibility of the cabinet. The President usually has a veto over laws, which can only be overturned by a special parliamentary majority. On the other hand, the decisive fiscal power remains in the hands of the legislator. A strong and healthy legal system serves other long-term business self-defense interests by supporting legal aid. Corporations consist of employees, shareholders, officers, directors and members of the board of directors; And from an outside perspective, companies have customers, employees, and competitors. To ensure a fair and effective legal system, dispute resolution mechanisms must be accessible to all members of society. In order to ensure universal access, the legal system provides for a number of procedures and procedures for resolving various disputes. Like humans, companies have to pay taxes and follow rules and regulations, and they can sign contracts and buy and sell real estate.
Companies can also sue and be sued and then be bound by the result: receiving or owing compensation or being subject to other court orders that settle a dispute. Companies can be held criminally liable for violations of the law, as can natural persons. Companies, as legally recognized companies, regularly interact with the law. In the parliamentary system, the head of state differs from the head of government – Prime Minister, Prime Minister (or Chancellor in Germany). The head of state can be a hereditary monarch or a directly elected president. However, the Prime Minister is not directly elected by the electorate, but appointed by the majority or coalition group in the Legislative Assembly. The Prime Minister and other ministers do not have a fixed mandate, but may in principle be compelled to resign by a parliamentary vote of no confidence in the government. This is usually compensated by the executive branch to dissolve the legislature and call new elections (although there may be some protection against hasty or repeated dissolutions).
The Prime Minister and ministers dominate in two directions. First of all, although on paper the powers of the head of state seem impressive (convening the legislature, promulgating laws, granting pardons, etc.), in practice these are exercised on the instructions of the government. Second, the executive controls the legislative calendar and generally has the exclusive power to introduce finance laws. The Supreme Court has ruled that the Constitution guarantees a lawyer to destitute defendants accused of crimes that could result in significant prison sentences, although even here the system for meeting this constitutional requirement is far from adequate. Court-appointed criminal defence lawyers are too often underpaid and reviewed, with an unsustainable number of cases. While courts sometimes appoint lawyers in civil cases based on an opponent`s financial needs, and pro bono lawyers – that is, those who work for the common good without compensation (pro bono publico) – help fill the void, legal services do not fully address the overwhelming need for legal advice. Given the rising rate of poverty and income inequality, the need for pro bono legal assistance is even more critical and growing. The fairness of the legal system also refers to the interest of companies in developing human capital for the next generation.