3 Introduction To Law

11.04.23 LMK BIO 05 3-JussIntro 1

3-Introduction to Law

Lars Monrad-Krohn


3 -Introduction to Law• Development of the society• Democracy• The triple power principle,• Law principles in Norway • Acts from the norwegian Parliament, ”Storting”• Structure of Agreements• Law is pure Logic• Other sources of law in Norway• Court case for non-government disputes• Useful to know, (Norway) and Some miscellaneous advice• Etc.


Development of the society

• The development of the Nordic states went from the family through farms and centres of trade to the national state

• Other cultures have had a development more connected to nomadic roaming life in tribes with cattle, and also with periodic places of trade– I.e. Norwegian Samer, American Indians, Middle East

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Development of the society-2

• Execution of power is different in a nomadic society than for settlers, and it may be that location-based-chiefs could exert a stronger power practice with more destructive capability, than chiefs in a nomadic tribe? (Burning farms and killing cattle)

• For the nomadic chief, it may have been necessary to revert to more desparate means of power exertion, like torture to death like crusifiction.

• It may be that the Nordic development of Democracy may have been impossible in nomadic societies


Development of the society-3• At around year 0 there were som very strong ”governmental

societies” like The Roman Empire, China and Arabic Rulers Territories..

• The Arabic and Chinese governments were not democratic• The arabs, however, had an authorized profession of Judges,

called ”Kadi” that posessed som form of authority, and made ”court decisions” after having heald ”hearings” from both parties. (But subject to a possible overruling by the Sultan or Kalif, if the decision was appealed)

• It is not appearant that the IPR concept was present, neither from ”1001 nights” nor the Koran by Mohammed


Democracy in Europe

• In Europe (and USA) the democracy has been connected to the blossoming of Science and Technology, the first known instance beeing the Antique Hellas (Without voting rights for slaves)

• Present days theorical form for Governmental Democracy stems from deliberations from early french philosophers and the French Revolution:

• To prevent abuse of power from the Government, the power should be divided between 3 parties:– The executive power, the King with his cabinet (which in later days eclipse the

King) – The Act-producing, generally elected Parliament (Storting)– The Judge hierarchy, The Court system to make decions based on the given Acts

(and the general feeling for justice in the population)



Three equal powers in the Domocratic Government

1. The Executive power is the King with his cabinet, who can propose acts on all things including IPR

2. The Act-producing Parliament, ”Storting” will decide on Acts

3. The Courts decide on awarding of punishment and in conflicts– Cabinet, ”Departments” (the King) can make supplemetal

rules and regulations according to Acts, and which the Courts must follow, if they are not deemed nonvalid as against current Acts.

– The so called ”Parlamentarismen” in Norway gives a tradition that a Cabinet, formally appointed by the king, must be supported by a majority in the ”Storting”


Videre Fra INF 5290

Law is pure Logic

• Law is logic in interpretation of Acts, Rules and Regulations

• Norwegian Law also adds ”reasonability” , current practise and a fundamentan understanding of ”justice”

• When a decision is to be reached by a court, it is fundamental that both sides are represented.



Agreements1. Agreement (contract) is a straightforward description of what each party

will commit itself to as a kind of a "barter".

2. First, an introduction in broad and round terms briefly describes what each party wants to achieve with the agreement

3. Secondly, what each party will commit to when and under what conditions

4. Describe the consequences of lack of fulfillment of duty of each party

5. Do not forget:

1. Term of validity,

2. what happens after the agreement has expired,

3. which “law-location” to be used by the conflict, and the procedure,

4. (number of copies to anyone)


Internasjonale agreements• Remember Agreement "law-place". It is cheaper to

start proceedings in Oslo than in NewYork. (Sometimes selected third countries are chosen as legal place)

• The agreement is interpreted by the local law, unless stated in the agreement to the contray: – Norwegian law is less expensive to relate to (for

Norwegians)

• International negotiations: Each country has its distinctive character: – Chinese do not say no, – Danes are continental, Swedes are scandinavians


LAW is pure logic: Typical for business:• Law on:

– Patent Intellectual property Biotechnology Trademarks Competition Corporations, Accounting, Bankruptcy, Purchases & sales, Agreements, Tax

• All with a set of regulations (Two stage legislation)

• Criminal Law – has penalty for illoyality


Other sources of law in Norway1. Non-statutory right s

• (Very fundamental in Norway, not so in US law practice)

• Accounting for lower costs in Norwegian Courts

2. Normal practice in the branch of business

3. "Reasonably“

4. Former court decisions as recorded

5. The laws preparatory work-notes

6. Authoritarian interpretations by acknowledged professors

7. EU Directives (Brussels)

8. Human rights laws (Strasbourg)


Court case for non-government disputes

• 1 The case is taken to conciliation court • 2 Absentee or plain conciliation court decision is

made.• 3 A “Refreshcase “with decision can be requested by

the defendant (after an Absentee decision)

• 4 Writ of City Court • 5 “Process-writing” (1) is an answer to summons to

court. Defendant responds by 1 to "n" weeks with answer, Process-writing (2)

• 6 The date and the number of days to be used for the case is determined


Court case for non-government disputes 2

– 7 The parties respond to each other with the process-writing until the judge thinks it is enough: There are no more new missed arguments in the case

– 8 Voluntary and forced witnesses summoned – 9 The court is held:

• Each party keeps opening speeches, with an Allegation

• parties explain themselves in court on questions from his own legal and counterparty

• The judge usually asks whether the parties can make a settlement?

• Interrogation of witnesses

• Each party's attorney keeps a speech of persuation

• The judge or complete court retires to write a sentence:


Court case for non-government disputes3

– In 1-6 weeks, the sentence with the premises are clear from the judge's hand

– Litigation costs are awarded from the party that has completely lost his assertion, especially where it is considered unreasonable to charge the judiciary with his subpoena.

– Litigation costs may otherwise be covered by each party for their own costs



– The losing party may choose between the decisions of the ruling or the subpoena to the Court of Appeal,

– Civil Trial process may well take the City Court 3 / 4 years, and the

– High Court to take 1-2 years to complete, if accepted. – If court procedures take a too long time after the plaintiff's

opinion, and this view is accepted, a "temporary court order" can be made by “Namsretten” (Rapid Temporary Court), (1-4 weeks) can be asked for-

• This is often the case when some Brand name is misused in marketing, or damage will be done by not acting quickly



• The losing party may appeal a lower court rulings to the Supreme Court – which at its Interlocutory Appeals Committee may dismiss

the case

• In some cases where very fundamental issues are at stake, orof a new nature, the Supreme Court will deal with the case in plenary, ie, with all appointed judges present


Useful to know, (Norway)

• An offer can be withdrawn before its acceptance.

• A signed contract between two parties is invalid if it is obviously completely out in the fields unreasonable (According to the Agreement Law)

• An oral agreement is as valid as a written agreement. (But more difficult to document) – Have witnesses, or notes at once in separate

dated notebook, like a lab journal.


Some miscellaneous advice

• Confirm an oral agreement in writing in a letter to the contracting party. If the contracting party do not protest, he is bound.

• Write down the "diary" of events and conversations in critical cases that can be disputed, with respect to presentation in court. (Cf. Lab journal or Drivers journal).

• Termination Letter has strict formal requirements in Norway.

3 Introduction To Law

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