Law & Paralegal : Education Counselling - MBA STAR https://www.mbastar.in/category/law-paralegal/ Sun, 02 Jul 2017 03:50:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Significance of Moot Courts for Law Students http://www.mbastar.in/law-paralegal/significance-moot-courts-law-students/ Sun, 02 Jul 2017 03:50:42 +0000 http://www.mbastar.in/?p=1315 Moot courts are the dummy courts where students are given the opportunity to experience the proceeding of real courts through awareness about various etiquette, intricacies, and technicalities of this stream […]

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Moot courts are the dummy courts where students are given the opportunity to experience the proceeding of real courts through awareness about various etiquette, intricacies, and technicalities of this stream called as “Mooting” or “Debating” or “Arguing”.

Significance of Moot Courts for Law Students

But mooting is more than debating or arguing. It is a technique needed to learn by every law student, to inculcate the litigation culture and to become the proficient lawyer. In debate and argue, situations can be won sometimes by high voice modulation. But In mooting students need to argue with researched facts & etiquettes to convince the judge.

Mooting skills also boosts up the confidence of the students; hence every law student should actively participate in moot court which is a fun with learning technique.

In moot courts students are given cases on which they have to argue to win the case that actually happens in real life scenario and real law courts. In appearance it looks like a real court with 3 judges, courtroom witness boxes, sitting space for audience / case stakeholders.

There are two “mooters” one is “counsel” and other is “co-counsel”, and also 02 researchers with knowledge about the relevant laws and facts related to the case. Mooter is an orator but the actual research is done by researcher. Researchers prepare the insights to be presented and mooter presents it before the judge.

In India the mooting culture started when Bar council of India (BCI) organized the Bar council of India moot court in the year 1981. In 1985 learning through moot court became an integrated feature of Indian legal education. And from that time, mooting culture is being followed by Indian law institutes.

Now days, many law colleges organize moot courts competitions with some eminent legal personality as a judge to evaluate the classroom knowledge gained by the students.

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Points to remember before choosing Law College http://www.mbastar.in/law-paralegal/points-remember-choosing-law-college/ Sun, 02 Jul 2017 03:38:27 +0000 http://www.mbastar.in/?p=1306 Expert Tips to choose right law college Are you looking to be a legal eagle? Do you want to get into the best law college? Obviously, being a law aspirant, […]

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Expert Tips to choose right law college

Are you looking to be a legal eagle? Do you want to get into the best law college? Obviously, being a law aspirant, you want the best out of the clutter. But, with so many law colleges around, it is not easy to find a perfect education destination without exploring the crucial points related to the course & college.

Points to remember before choosing Law College

Remember to consider below details before choosing your dream Law College

  1. Recognition – Law degrees in India should be duly approved by Bar Council of India (BCI). In absence of this mandatory approval, degree holders won’t be able to practice in the courts & also remain ineligible for further higher studies. Diplomas & certifications don’t need BCI approval but should be offered by a recognized institution.

    Points to remember before choosing Law College

  2. Infrastructure – College infrastructure also plays an important role in the overall grooming of the students. In law domain, moot courts (virtual courts) in the campus enable students to experience the real court environment to evaluate their knowledge & facts before moving to the real courts.

    Points to remember before choosing Law College

  3. Interaction – Legal studies are different from other streams in a way that there is no particular rule book or theories to win a legal battle. Books can certainly help them with the prescribed norms / guidelines but the sense of analysis & judgment evolves when students regularly interact with lawyers, judges, jurists & other people those who have worked in the system.. Such interactions act as a reference during their job. Such interactions should be enabled by the college itself as it is not possible for the students to approach such eminent people directly.

    Points to remember before choosing Law College

  4. Participation – Another important aspect of a top law college is to help its students to participate in relevant events like seminars, workshops, lectures, visit to Lok Adalats etc. Such exposure develops a strong legal quotient among the students.

    Points to remember before choosing Law College

  5. Placement – The real essence of any education qualification is its employability. So, try to explore list previous of recruiters, salary package offered to the recent graduates.

    Points to remember before choosing Law College

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Difference between Patent, Trademark & Copyright http://www.mbastar.in/law-paralegal/difference-patent-trademark-copyright/ Sun, 02 Jul 2017 03:23:16 +0000 http://www.mbastar.in/?p=1297 We all have often heard the terms “Patent”, “Trademarks” & “Copyrights”. But what exactly they all are about & what are their significance for an organization. Below is the explanation […]

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We all have often heard the terms “Patent”, “Trademarks” & “Copyrights”. But what exactly they all are about & what are their significance for an organization. Below is the explanation

Difference between Patent, Trademarks & Copyrights

Definitions

1) Trademark

According to United States Patent & Trademark Office (USPTO), a trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others whereas a service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.

Difference between Patent, Trademarks & Copyrights

Example of Trademark

Difference between Patent, Trademarks & Copyrights

Example of Service mark

Difference between Patent, Trademarks & Copyrights

Each time you use your mark, it is best to use a designation with it.  If registered use the ® symbol after your mark.  If not registered, you may use TM for goods or SM for services, to indicate that you have adopted this as a “common law” trademark or service mark.

2) Patents

As stated by Intellectual Property Office of Singapore (IPOS), a patent is a right granted to the owner of an invention that prevents others from making, using, importing or selling the invention without his permission.

Difference between Patent, Trademarks & Copyrights

A patentable invention can be a product or a process that gives a new technical solution to a problem. It can also be a new method of doing things, the composition of a new product, or a technical improvement on how certain objects work.

3) Copyrights

A copyright is a form of protection provided by the laws to the authors of “original works of authorship.” This includes literary, dramatic, musical, artistic and certain other creative works. Material not protected by copyright (or otherwise protected) is available for use by anyone without the author’s consent. A copyright holder can prevent others from copying, performing or otherwise using the work without his or her consent.

Difference between Patent, Trademarks & Copyrights

To know Patent, Trademarks & Copyrights in a video form, watch the below video

https://youtu.be/AQpaKJjEQR8

Source – USPTO

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Roles & Responsibilities of Legal Manager in an organization http://www.mbastar.in/law-paralegal/roles-responsibilities-legal-manager-organization/ Sun, 02 Jul 2017 03:07:54 +0000 http://www.mbastar.in/?p=1292 The role of Legal Manager or Manager – Law has turned out to be extremely important in any organization. The primary responsibility of this job profile is to safeguard the […]

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The role of Legal Manager or Manager – Law has turned out to be extremely important in any organization. The primary responsibility of this job profile is to safeguard the interest of the organization through legal means. With the expansion of market & new product lines across the organizations, role of legal managers has evolved as equivalent as that of Marketing or Operations. Small companies usually outsource this profile to law firms but large companies / MNCs house a dedicated legal department to undertake below tasks. Provide legal assistance to functional / department head and leadership in developing the agreement, communications and policies.

Roles & Responsibilities of Legal Manager in an organization

  • Provide legal assistance to Human resources team for employment matters and contract drafting for employment and other relating matters.

  • To act as an owner of company’s IP assets such as trademarks, copyrights, patents, brand names (registrations & renewals)

  • Prepare & send legal notices to clients / IP infringers, filing of legal or civil case against debtors defaulting payments,

  • Coordination with Legal consultant / liasioning agencies in other countries for legal cases, disputes resolutions and preparation of contracts with travel agents as per local laws.

  • Provide Counsel and Assistance to IT Department on software licensing, anti-infringement and anti-piracy compliances

  • Coordinate with Management for consultation and strategic direction with Compliance and IT for Governance, Risk, Audit and Compliance relating to

  • Contractual, legal and regulatory obligations; and

  • Information and Privacy Compliance across India and UAE and other international areas where business exists

  • Legal Document Repository – Manage and oversee the Company’s commercial contracting purposes, including contract forms and legal contracts repository.

  • Collaborate with stakeholders and account owners / departments to educate internal stakeholders on compliance, legal and data protection requirements and to continuously promote a culture of compliance, integrity and data protection internally.

  • Provide Counsel, Assistance and Support in creation of structures and environment for ethical and legal compliances and support enforcement of global compliance policies that are applicable across multiple business units

Beside the above mentioned responsibilities, a legal manager also assists the organizations in compliance w.r.t. to the government guidelines & norms.

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Career Opportunity in Paralegal http://www.mbastar.in/law-paralegal/career-opportunity-paralegal/ Sun, 02 Jul 2017 03:03:32 +0000 http://www.mbastar.in/?p=1285 In recent times, apart from a conventional law career, paralegal has also emerged as one of the popular career option for aspirants & is poised to see a greater increase […]

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In recent times, apart from a conventional law career, paralegal has also emerged as one of the popular career option for aspirants & is poised to see a greater increase in the future. Before we move into various career opportunities available in this domain, let us understand what exactly this field is all about

Career Opportunity in Paralegal

What is Paralegal?

A paralegal is a professional trained in legal matters which assist lawyers / attorneys with researching facts for cases, preparing documents, maintaining files.

Paralegals can’t give legal advice. They can’t represent a client in court, establish legal fees or sign documents that will be filed with the court.

Paralegals work under the supervision of a lawyer / attorney and are commonly employed by law firms, corporate legal departments, outsourcing firms and government agencies. Paralegals job responsibilities depend upon the nature & size of the business. Specific tasks may include:

  • Researching facts or laws related to a case

  • Maintaining files and documents for various cases

  • Interaction with clients / witnesses

  • Draft pleadings, deposition notices, subpoenas, motions and briefs

  • Writing reports and compiling legal documents

  • Working with teams of other paralegals, attorneys, and staff on cases

Education & Career Opportunity in Paralegal

Since, paralegal as a career option is among the recent evolution in India, hence there are few institutions which are currently offering undergraduate or postgraduate level courses on it though many certifications (both online & offline) are available to study paralegal.

The career prospects in paralegal are bright & aspirants can work in diversified sectors in diversified roles such as

1) Intellectual Property Rights (IPR) Analyst – Dealing with IP laws related to Patents, Trademarks, and copyrights

Career Opportunity in Paralegal

2) Cyber Laws – Laws related to dealing with cyber-crimes have been framed & hence career opportunity is available in this domain

Career Opportunity in Paralegal

3) Media Laws – These laws are related to the nitty gritties of the media industry. Professionals related to media laws are also in demand to help media houses / publishers to assist them in legal course

Career Opportunity in Paralegal

Since, paralegal is the associated sub-domain of law, hence it is always advisable for the aspirants to keep a close eye on the developments on the entire domain to learn & understand things in a holistic way.

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