Business Law : The Automobile Assessment Answer
Answer:
1: In this lawsuit there are two parties that are Automobile manufacturers and Emirates of Dubai. In this case Automobile manufacturers are stand in the position of plaintiff because they file suit against the Emirates of Dubai, and Emirates of Dubai holds the position Defendant in this suit.
2: Before reaching to the conclusion it is necessary that we understand the difference between the equitable remedy and legal remedy. In Equitable remedy plaintiff is asking for injunction from the court. In this court provide injunction to stop the future loss rather than compensate the past loss. Whereas, in legal relief plaintiff explains the loss occurred by him in the past or can be occurred in future because of the actions of defendant. The main aim of legal relief is to compensate plaintiff (Find Law, n.d.).
In this case, Automobile manufacturers file suit against the Emirates of Dubai, so that they can prevent the emirates of Dubai to enforce the law related to carbon dioxide emission. Automobile manufacturers believes that federal law already passes fuel economy standards for whole nation, and carbon dioxide emission are same as fuel economy standards. Now, it is unfair that Dubai pass more stringent laws for carbon dioxide emission.
Therefore, it is clear that Automobile manufacturers are seeking for equitable relief, because they want to prevent Emirates of Dubai to enforce new laws for carbon dioxide emission standards.
3: primary source meaning statement of law which is made by the government entity itself such as court, executive agency, president, governor and many more. Some examples of primary source of law are court decisions, statutes, U.S. code, etc (Oesterle Library Information Literacy & Instruction Program, n.d.).
In this case, primary source of law for fuel economy standards are Emirates Authority for Standardization and Metrology (Baldwin, 2016, ESMA, n.d.).
4: we can find federal laws related to fuel economic standards of United Arab of Emirates at Ministry of Climate Change & Environment of United Arab of Emirates. UAE expand its leadership and set up a new agency named as Ministry of Climate Change and Environment. This ministry is responsible to manage all the matters related to international and domestic climate change. This ministry helps in addressing the matters related to climate change, and also enhance its efforts by making and implementing new policies and regulations.
Following are the goals of ministry:
Increase the environment sustainability.
Keep ensure that all the provisions related to services are according with the standards of transparency, quality and efficiency (UAE ministry of climate change and environment, n.d.).
5: The United Arab of Emirates is a civil law jurisdiction which is based on the French, Roman, Egyptian and Islamic law. Usually, UAE does not adopt previous court judgments are not recognized. In UAE local firms can appear before the court as a council.
Federal court structure is adopted by UAE with a final court of appeal in Abu Dhabi which is known as Abu Dhabi Supreme Court. Dubai and Ras Al Khaimah does not follow this federal court structure, they have their own court structure. In court structure there are three main branches that are:
- Civil
- Criminal
- Sharia or Islamic law
Whereas, in Dubai court structure consists following:
- Court of First Instance
- Court of Appeal and the
- Court of Cassation
The civil court that is Court of First Instance, deal with the matters which are related to commercial or maritime disputes. After the judgment of this court, parties who are not agreed with the court can appeal in the Civil Court of Appeal within 30 days of judgment. Parties can file appeal on the basis of fact as well as on the basis of law.
In UAE criminal matters are commenced by file a complaint in the police station, and then police refer the matter within 48 hours to the prosecutor’s office. After investigating the matter, prosecutor can refer the matter to the court or drop the case. It is discretionary power of the prosecutor.
On the other side, Sharia or Islamic court deals with the civil matters of Muslims. These courts, does not deal with the matters of Non-Muslim. Usually, these courts hear the matter related to family disputes such as divorce, child custody, inheritances, child abuse and guardianship. If in UAE code of law any law is not present than principles of Islamic law found in textbooks of sharia are applied.
In last Court of Cassation, this court is the highest court in UAE. This court deals in only those matters which are related to law. This court, act as appellate court for the lower courts (Dubai. UAE, 2005).
References:
Find Law. What is the Difference Between a Legal and Equitable Claim. Retrieved on 18th October 2016 from: https://litigation.findlaw.com/legal-system/what-is-the-difference-between-a-legal-and-equitable-claim.html.
Oesterle Library Information Literacy & Instruction Program. Primary and Secondary Sources in Law. Retrieved on 18th October 2016 from: https://library.noctrl.edu/subject/business_law_primary_sources.pdf.
Baldwin, D. (2016). New Car Fuel Economy Standards for UAE. Retrieved on 18th October 2016 from: https://gulfnews.com/news/uae/environment/new-car-fuel-economy-standard-for-uae-1.1903057.
ESMA. Standards Search. Retrieved on 18th October 2016 from: https://www.esma.gov.ae/en-us.
UAE ministry of climate change and environment. Values & Aims. Retrieved on 18th October 2016 from: https://www.moccae.gov.ae/en/about-ministry/values-and-aims.aspx.
Dubai. UAE. THE UAE COURT SYSTEM. Retrieved on 18th October 2016 from: https://dubai.usconsulate.gov/emergency_uae_court.html.
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