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96-413: Mechanical engineering technologists are expected to apply current technologies and principles from machine and product design, production and material and manufacturing processes. Expandable specialties may include aerospace, automotive, energy, nuclear, petroleum, manufacturing, product development, and industrial design . Mechanical engineering technologists can have many different titles, including in

192-810: A Bachelor of Industrial Design (B.I.D.), Bachelor of Science (B.Sc) or Bachelor of Fine Arts (B.F.A.). Afterwards, the bachelor programme can be extended to postgraduate degrees such as Master of Design , Master of Fine Arts and others to a Master of Arts or Master of Science . Industrial design studies function and form—and the connection between product, user, and environment. Generally, industrial design professionals work in small scale design, rather than overall design of complex systems such as buildings or ships. Industrial designers don't usually design motors, electrical circuits, or gearing that make machines move, but they may affect technical aspects through usability design and form relationships. Usually, they work with other professionals such as engineers who focus on

288-499: A common law court system has trial courts , intermediate appellate courts and a supreme court . Thus, the lower courts are bound to obey precedent established by the appellate court for their jurisdiction, and all supreme court precedent. The Supreme Court of California 's explanation of this principle is that [u]nder the doctrine of stare decisis , all tribunals exercising inferior jurisdiction are required to follow decisions of courts exercising superior jurisdiction. Otherwise,

384-419: A CAD model. From this the manufacturing process may be modified to improve the product. Product characteristics specified by industrial designers may include the overall form of the object, the location of details with respect to one another, colors , texture, form, and aspects concerning the use of the product . Additionally, they may specify aspects concerning the production process, choice of materials and

480-720: A MET graduate could get hired as an engineer; job titles may include Mechanical Engineer and Manufacturing Engineer. In the U.S. it is possible to get an associates or bachelor's degree. Individuals with a bachelor's degree in engineering technology may continue on to complete the E.I.T. (Engineer in Training) examination to eventually become Professional Engineers if the program is ABET accredited. Software tools such as Finite Element Analysis (FEA) and Computational Fluid Dynamics (CFD) are often used to analyze parts and assemblies. 3D models can be made to represent parts and assemblies with computer-aided design (CAD) software. Through

576-415: A better quality of life. " Although the process of design may be considered 'creative,' many analytical processes also take place. In fact, many industrial designers often use various design methodologies in their creative process. Some of the processes that are commonly used are user research, sketching, comparative product research, model making, prototyping and testing. These processes are best defined by

672-406: A combination of aesthetics and user-focused considerations, but also often provides solutions for problems of form, function, physical ergonomics , marketing, brand development, sustainability, and sales. For several millennia before the onset of industrialization , design, technical expertise, and manufacturing was often done by individual crafts people , who determined the form of a product at

768-581: A competitive footing with Great Britain and the United States. The earliest published use of the term may have been in The Art-Union , 15 September 1840. Dyce's Report to the Board of Trade, on Foreign Schools of Design for Manufactures. Mr. Dyce's official visit to France, Prussia, and Bavaria, for the purpose of examining the state of schools of design in those countries, will be fresh in

864-536: A complete line of modern furniture, among many other items. Richard Teague , who spent most of his career with the American Motors Corporation , originated the concept of using interchangeable body panels so as to create a wide array of different vehicles using the same stampings. He was responsible for such unique automotive designs as the Pacer , Gremlin , Matador coupe , Jeep Cherokee , and

960-535: A decade. Christopher Dresser is considered among the first independent industrial designers. Industrial design's origins lie in the industrialization of consumer products. For instance, the Deutscher Werkbund (a precursor to the Bauhaus founded in 1907 by Peter Behrens and others) was a state-sponsored effort to integrate traditional crafts and industrial mass-production techniques, to put Germany on

1056-534: A design in use to this day. Schreckengost also founded The Cleveland Institute of Art's school of industrial design. Oskar Barnack was a German optical engineer, precision mechanic, industrial designer, and the father of 35mm photography. He developed the Leica , which became the hallmark for photography for 50 years, and remains a high-water mark for mechanical and optical design. Charles and Ray Eames were most famous for their pioneering furniture designs, such as

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1152-404: A determination as to the governing jurisdiction, a court is "bound" to follow a precedent of that jurisdiction only if it is directly in point. In the strongest sense, "directly in point" means that: (1) the question resolved in the precedent case is the same as the question to be resolved in the pending case, (2) resolution of that question was necessary to the disposition of the precedent case; (3)

1248-485: A different three-judge panel. In federal systems the division between federal and state law may result in complex interactions. In the United States, state courts are not considered inferior to federal courts but rather constitute a parallel court system. In practice, however, judges in one system will almost always choose to follow relevant case law in the other system to prevent divergent results and to minimize forum shopping . Precedent that must be applied or followed

1344-500: A first drop in filings since 2014. The Hague System for the International Registration of Industrial Designs provides an international mechanism that secures protection of up to 100 designs in multiple countries or regions, through a single international application. International design applications are filed directly through WIPO . The domestic legal framework of each designated contracting party governs

1440-434: A government agency. Essential to the development of case law is the publication and indexing of decisions for use by lawyers, courts, and the general public, in the form of law reports . A precedent is a historical setting example for the future (though at varying levels of authority as discussed throughout this article), some become "leading cases" or "landmark decisions" that are cited especially often. Generally speaking,

1536-715: A higher court. In civil law and pluralist systems, as under Scots law , precedent is not binding but case law is taken into account by the courts. A court may consider the ruling of a higher court that is not binding. For example, a district court in the United States First Circuit could consider a ruling made by the United States Court of Appeals for the Ninth Circuit as persuasive authority. Courts may consider rulings made in other courts that are of equivalent authority in

1632-426: A kind of super-stare decisis". The controversial idea that some decisions are virtually immune from being overturned, regardless of whether they were decided correctly in the first place, is the idea to which the term "super- stare decisis " now usually refers. The concept of super- stare decisis (or "super-precedent") was mentioned during the hearings of Chief Justice John Roberts and Justice Samuel Alito before

1728-408: A legal precedent may be: In contrast, civil law systems adhere to a legal positivism , where past decisions do not usually have the precedential, binding effect that they have in common law decision-making; the judicial review practiced by constitutional courts can be regarded as a notable exception. Stare decisis ( / ˈ s t ɛər r i d ɪ ˈ s aɪ s ɪ s , ˈ s t ɑː r eɪ / )

1824-557: A precedent is binding: In a conflict of laws situation, jus cogens norms erga omnes and principles of the common law such as in the Universal Declaration of Human Rights , to a varying degree in different jurisdictions, are deemed overriding which means they are used to "read down" legislation, that is giving them a particular purposive interpretation , for example applying European Court of Human Rights jurisprudence of courts ( case law ). "Super stare decisis "

1920-402: A procedure for an international registration exists. An applicant can file for a single international deposit with WIPO or with the national office in a country party to the treaty. The design will then be protected in as many member countries of the treaty as desired. In 2022, about 1.1 million industrial design applications were filed worldwide. This represents a decrease of 3% on 2021, marking

2016-647: A significant number of household items, such as chairs, stools, lamps, a tea-cart, and vases. Raymond Loewy was a prolific American designer who is responsible for the Royal Dutch Shell corporate logo, the original BP logo (in use until 2000), the PRR S1 steam locomotive, the Studebaker Starlight (including the later bulletnose), as well as Schick electric razors, Electrolux refrigerators, short-wave radios, Le Creuset French ovens, and

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2112-491: A similar way, but are not obliged to do so and are required to consider the precedent in terms of principle. Their fellow judges' decisions may be persuasive but are not binding. Under the English legal system, judges are not necessarily entitled to make their own decisions about the development or interpretations of the law. They may be bound by a decision reached in a previous case. Two facts are crucial to determining whether

2208-677: A sort of binding precedent when they answer legal questions that a court has not, either form of opinion may act as a source of law if they have a direct effect on the administration of government. The courts of England and Wales are free to consider decisions of other jurisdictions, and give them whatever persuasive weight the English court sees fit, even though these other decisions are not binding precedent. Jurisdictions that are closer to modern English common law are more likely to be given persuasive weight (for example Commonwealth states such as Canada, Australia, or New Zealand). Persuasive weight might be given to other common law courts, such as from

2304-503: A wide range of products, and whose creation took place in advance of their application. The use of drawing to specify how something was to be constructed later was first developed by architects and shipwrights during the Italian Renaissance . In the 17th century, the growth of artistic patronage in centralized monarchical states such as France led to large government-operated manufacturing operations epitomized by

2400-457: Is a court ruling that serves as an authoritative guide for resolving future cases with similar facts or legal issues. As a key aspect of stare decisis ("to stand by things decided") , courts are generally expected to follow precedent in their decisions. When a prior court has ruled on the same or a closely related issue, subsequent courts are encouraged to align their decisions with the earlier ruling to maintain consistency and predictability in

2496-551: Is a legal principle by which judges are obligated to respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere : "to stand by decisions and not disturb the undisturbed". In a legal context, this means that courts should abide by precedent and not disturb settled matters. The principle can be divided into two components: The second principle, regarding persuasive precedent , reflects

2592-415: Is a process that has its origins in the English common law. Most state attorney opinions address issues of government finance or the authority of political bodies within the state. Often, these opinions are the only available authority interpreting rarely‑litigated statutes and constitutional provisions. By and large, courts treat state attorney general opinions as persuasive authority. The opinions lack

2688-477: Is a strategic problem-solving process that drives innovation, builds business success and leads to a better quality of life through innovative products, systems, services and experiences." An extended version of this definition is as follows: "Industrial Design is a strategic problem-solving process that drives innovation, builds business success and leads to a better quality of life through innovative products, systems, services and experiences. Industrial Design bridges

2784-546: Is a term used for important precedent that is resistant or immune from being overturned, without regard to whether correctly decided in the first place. It may be viewed as one extreme in a range of precedential power, or alternatively, to express a belief, or a critique of that belief, that some decisions should not be overturned. In 1976, Richard Posner and William Landes coined the term "super-precedent" in an article they wrote about testing theories of precedent by counting citations. Posner and Landes used this term to describe

2880-601: Is effectively defined by credentials and/or licensure required to engage in the practice of engineering. "Industrial design" as such does not overlap much with the engineering sub-discipline of industrial engineering , except for the latter's sub-specialty of ergonomics . At the 29th General Assembly in Gwangju, South Korea, 2015, the Professional Practise Committee unveiled a renewed definition of industrial design as follows: "Industrial Design

2976-438: Is known as binding precedent (alternately metaphorically precedent , mandatory or binding authority , etc.). Under the doctrine of stare decisis , a lower court must honor findings of law made by a higher court that is within the appeals path of cases the court hears. In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under

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3072-406: Is not binding precedent but that is useful or relevant and that may guide the judge in making the decision in a current case. Persuasive precedent includes cases decided by lower courts, by peer or higher courts from other geographic jurisdictions, cases made in other parallel systems (for example, military courts, administrative courts, indigenous/tribal courts, state courts versus federal courts in

3168-541: Is often difficult to describe to non-designers because the meaning accepted by the design community is not made of words. Instead, the definition is created as a result of acquiring a critical framework for the analysis and creation of artifacts. One of the many accepted (but intentionally unspecific) definitions of design originates from Carnegie Mellon's School of Design : "Everyone designs who devises courses of action aimed at changing existing situations into preferred ones." This applies to new artifacts, whose existing state

3264-418: Is often hard to distinguish from the ratio decidendi (reason for the decision). For these reasons, the obiter dicta may often be taken into consideration by a court. A litigant may also consider obiter dicta if a court has previously signaled that a particular legal argument is weak and may even warrant sanctions if repeated. A case decided by a multijudge panel could result in a split decision. While only

3360-432: Is the creative act of determining and defining a product's form and features, which takes place in advance of the manufacture or production of the product. Industrial manufacture consists of predetermined, standardized and repeated, often automated, acts of replication, while craft -based design is a process or approach in which the form of the product is determined personally by the product's creator largely concurrent with

3456-457: Is undefined, and previously created artifacts, whose state stands to be improved. Industrial design can overlap significantly with engineering design , and in different countries the boundaries of the two concepts can vary, but in general engineering focuses principally on functionality or utility of products, whereas industrial design focuses principally on aesthetic and user-interface aspects of products. In many jurisdictions this distinction

3552-624: The American Law Institute . Some bodies are given statutory powers to issue guidance with persuasive authority or similar statutory effect, such as the Highway Code . In federal or multijurisdictional law systems, conflicts may exist between the various lower appellate courts. Sometimes these differences may not be resolved and distinguishing how the law is applied in one district , province, division or appellate department may be necessary. Usually, only an appeal accepted by

3648-620: The Eames Lounge Chair Wood and Eames Lounge Chair . Other influential designers included Henry Dreyfuss , Eliot Noyes , John Vassos , and Russel Wright . Dieter Rams is a German industrial designer closely associated with the consumer products company Braun and the Functionalist school of industrial design. German industrial designer Luigi Colani , who designed cars for automobile manufacturers including Fiat , Alfa Romeo , Lancia , Volkswagen , and BMW ,

3744-576: The Gobelins Manufactory , opened in Paris in 1667 by Louis XIV . Here teams of hundreds of craftsmen, including specialist artists, decorators and engravers, produced sumptuously decorated products ranging from tapestries and furniture to metalwork and coaches , all under the creative supervision of the King's leading artist Charles Le Brun . This pattern of large-scale royal patronage

3840-611: The High Court and the Court of Appeal are each bound by their own previous decisions. The Supreme Court of the United Kingdom is able to deviate from its earlier decisions, although in practice it rarely does so. A lower court may not rule against a binding precedent, even if the lower court feels that the precedent is wrong. Even if an intermediate judge issues a ruling inconsistent with existing or subsequent precedent, if

3936-706: The Supreme Court of the United Kingdom , which took over the judicial functions of the House of Lords in 2009. In civil law and pluralist systems, precedent is not binding but case law is taken into account by the courts. Binding precedent relies on the legal principle of stare decisis . Stare decisis means to stand by things decided. It ensures certainty and consistency in the application of law. Existing binding precedent from past cases are applied in principle to new situations by analogy . One law professor has described mandatory precedent as follows: Given

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4032-502: The court of last resort will resolve such differences, and for many reasons, such appeals are often not granted. Any court may seek to distinguish its present case from that of a binding precedent, to reach a different conclusion. The validity of such a distinction may or may not be accepted on appeal. An appellate court may also propound an entirely new and different analysis from that of junior courts, and may or may not be bound by its own previous decisions, or in any case may distinguish

4128-421: The growth of empires broadened tastes and diversified markets, and the emergence of a wider middle class created demand for fashionable styles from a much larger and more heterogeneous population. The first use of the term "industrial design" is often attributed to the industrial designer Joseph Claude Sinel in 1919 (although he himself denied this in interviews), but the discipline predates 1919 by at least

4224-511: The legal certainty resulting from the binding effect of previous decisions, and on the other side the avoidance of undue restriction on the proper development of the law." Judges are bound by the law of binding precedent in England and Wales and other common law jurisdictions. This is a distinctive feature of the English legal system. In other countries, particularly in mainland Europe, civil law means that judges take case law into account in

4320-539: The District of Columbia alone, and up to seven states. Each panel of judges on the court of appeals for a circuit is bound to obey the prior appellate decisions of the same circuit. Precedent of a United States court of appeals may be overruled only by the court en banc , that is, a session of all the active appellate judges of the circuit, or by the United States Supreme Court —not simply by

4416-583: The Fine Arts or to Industrial Design, until they have completed their exercises in drawing and painting of the figure from the antique and from the living model. It is for this reason, and from the fact that artists for industrial purposes are both well-paid and highly considered (as being well-instructed men), that so many individuals in France engage themselves in both pursuits. The Practical Draughtsman's Book of Industrial Design by Jacques-Eugène Armengaud

4512-699: The National Association of Schools of Art and Design (NASAD). Of course, engineering education requires heavy training in mathematics and physical sciences, which is not typically required in industrial design education. Most industrial designers complete a design or related program at a vocational school or university. Relevant programs include graphic design , interior design, industrial design, architectural technology, and drafting . Diplomas and degrees in industrial design are offered at vocational schools and universities worldwide. Diplomas and degrees take two to four years of study. The study results in

4608-527: The Paris school; and having been disorganized by the revolution, was restored by Napoleon and differently constituted, being then erected into an Academy of Fine Art: to which the study of design for silk manufacture was merely attached as a subordinate branch. It appears that all the students who entered the school commence as if they were intended for artists in the higher sense of the word and are not expected to decide as to whether they will devote themselves to

4704-630: The Second Circuit (New York and surrounding states) is especially respected in commercial and securities law, the Seventh Circuit (in Chicago), especially Judge Posner, is highly regarded on antitrust, and the District of Columbia Circuit is highly regarded on administrative law. The doctrine of vertical precedent states that each court is bound by the decisions of higher courts in its jurisdictional area or tribunal hierarchy. Generally,

4800-638: The Senate Judiciary Committee. Prior to the commencement of the Roberts hearings, the committee chair, Senator Arlen Specter of Pennsylvania, wrote an op-ed in The New York Times referring to Roe as a "super-precedent". He revisited this concept during the hearings, but neither Roberts nor Alito endorsed the term or the concept. Persuasive precedent (also persuasive authority ) is precedent or other legal writing that

4896-551: The Supreme Court says that the First Amendment applies in a specific way to suits for slander, then every court is bound by that precedent in its interpretation of the First Amendment as it applies to suits for slander. If a lower court judge disagrees with a higher court precedent on what the First Amendment should mean, the lower court judge must rule according to the binding precedent. Until the higher court changes

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4992-401: The U.S. legal system, courts are set up in a hierarchy. At the top of the federal or national system is the Supreme Court, and underneath are lower federal courts. The state court systems have hierarchical structures similar to that of the federal system. The U.S. Supreme Court has final authority on questions about the meaning of federal law, including the U.S. Constitution. For example, when

5088-642: The USA's first industrial design degree programs in 1934 at Carnegie Institute of Technology . Product design and industrial design overlap in the fields of user interface design , information design , and interaction design . Various schools of industrial design specialize in one of these aspects, ranging from pure art colleges and design schools (product styling), to mixed programs of engineering and design, to related disciplines such as exhibit design and interior design , to schools that almost completely subordinated aesthetic design to concerns of usage and ergonomics,

5184-479: The United States), statements made in dicta , treatises or academic law reviews , and in some exceptional circumstances, cases of other nations, treaties, world judicial bodies, etc. In a " case of first impression ", courts often rely on persuasive precedent from courts in other jurisdictions that have previously dealt with similar issues. Persuasive precedent may become binding through its adoption by

5280-658: The United States: Mechanical Engineering Technology coursework is less theoretical, and more application based than a mechanical engineering degree. This is evident through the additional laboratory coursework required for a degree. The ability to apply concepts from the chemical engineering and electrical engineering fields is important. Some university Mechanical Engineering Technology degree programs require mathematics through differential equations and statistics . Most courses involve algebra and calculus. Oftentimes,

5376-631: The Virgin Islands) is bound by rulings of the Third Circuit Court, but not by rulings in the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, and Washington), since the Circuit Courts of Appeals have jurisdiction defined by geography. The Circuit Courts of Appeals can interpret the law how they want, so long as there is no binding Supreme Court precedent. One of

5472-637: The act of its production. All manufactured products are the result of a design process, but the nature of this process can vary. It can be conducted by an individual or a team, and such a team could include people with varied expertise (e.g. designers, engineers, business experts, etc.). It can emphasize intuitive creativity or calculated scientific decision-making , and often emphasizes a mix of both. It can be influenced by factors as varied as materials , production processes , business strategy , and prevailing social, commercial, or aesthetic attitudes. Industrial design, as an applied art , most often focuses on

5568-437: The appellate court will have the opportunity to review both the precedent and the case under appeal, perhaps overruling the previous case law by setting a new precedent of higher authority. This may happen several times as the case works its way through successive appeals. Lord Denning , first of the High Court of Justice , later of the Court of Appeal , provided a famous example of this evolutionary process in his development of

5664-433: The application of computer-aided manufacturing (CAM), models may also be used directly by software to create "instructions" for the manufacture of objects represented by the models, through computer numerically controlled (CNC) machining or other automated processes. Industrial design Industrial design is a process of design applied to physical products that are to be manufactured by mass production . It

5760-628: The broad precedent guidance a court may draw upon in reaching all of its decisions. In the common-law tradition, courts decide the law applicable to a case by interpreting statutes and applying precedent, which record how and why prior cases have been decided. Unlike most civil-law systems, common-law systems follow the doctrine of stare decisis , by which most courts are bound by their own previous decisions in similar cases, and all lower courts should make decisions consistent with previous decisions of higher courts. For example, in England and Wales,

5856-441: The case is not vacated on appeal the decision will stand. If the court believes that developments or trends in legal reasoning render the precedent unhelpful, and wishes to evade it and help the law evolve, the court may either hold that the precedent is inconsistent with subsequent authority, or that the precedent should be "distinguished" by some material difference between the facts of the cases. If that decision goes to appeal,

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5952-404: The common reasons the Supreme Court grants certiorari (that is, they agree to hear a case) is if there is a conflict among the circuit courts as to the meaning of a federal law. There are three elements needed for a precedent to work. Firstly, the hierarchy of the courts needs to be accepted, and an efficient system of law reporting. "A balance must be struck between the need on one side for

6048-465: The complete interior of the Eagle Premier . Milwaukee's Brooks Stevens was best known for his Milwaukee Road Skytop Lounge car and Oscar Mayer Wienermobile designs, among others. Viktor Schreckengost designed bicycles manufactured by Murray bicycles for Murray and Sears, Roebuck and Company. With engineer Ray Spiller, he designed the first truck with a cab-over-engine configuration,

6144-532: The concept of estoppel starting in the High Trees case: Central London Property Trust Ltd v. High Trees House Ltd [1947] K.B. 130. Judges may refer to various types of persuasive authority to reach a decision in a case. Widely cited nonbinding sources include legal encyclopedias such as Corpus Juris Secundum and Halsbury's Laws of England , or the published work of the Law Commission or

6240-561: The creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. Under the Hague Agreement Concerning the International Deposit of Industrial Designs , a WIPO -administered treaty,

6336-562: The decisions based on significant differences in the facts applicable to each case. Or, a court may view the matter before it as one of " first impression ", not governed by any controlling precedent. When various members of a multi-judge court write separate opinions, the reasoning may differ; only the ratio decidendi of the majority becomes binding precedent. For example, if a 12-member court splits 5–2–3–2 in four different opinions on several different issues, whatever reasoning commands seven votes on each specific issue becomes precedent, and

6432-449: The design protection provided by the resulting international registrations. The Hague System does not require the applicant to file a national or regional design application. in 2019 in 2020 in 2021 in 2022 in 2023 A number of industrial designers have made such a significant impact on culture and daily life that their work is documented by historians of social science. Alvar Aalto , renowned as an architect , also designed

6528-525: The doctrine of stare decisis makes no sense. The decisions of this court are binding upon and must be followed by all the state courts of California. Decisions of every division of the District Courts of Appeal are binding upon all the justice and municipal courts and upon all the superior courts of this state , and this is so whether or not the superior court is acting as a trial or appellate court. Courts exercising inferior jurisdiction must accept

6624-533: The emergence of large workshops in cities such as Florence , Venice , Nuremberg , and Bruges , where groups of more specialized craftsmen made objects with common forms through the repetitive duplication of models which defined by their shared training and technique. Competitive pressures in the early 16th century led to the emergence in Italy and Germany of pattern books : collections of engravings illustrating decorative forms and motifs which could be applied to

6720-436: The emotional attachment of the user. These values and accompanying aspects that form the basis of industrial design can vary—between different schools of thought, and among practicing designers. Industrial design rights are intellectual property rights that make exclusive the visual design of objects that are not purely utilitarian. A design patent would also be considered under this category. An industrial design consists of

6816-433: The force of law that statutes and judicial opinions have. But, they still have the potential to act as a sort of pseudo‑law if they constrain the activities of public officials or the public. Oftentimes, this effect depends on the "formality" of the opinion. Opinions can be either formal, meaning they are published, or informal, meaning that they are sent directly to the opinion requestor. Although formal opinions can act as

6912-506: The form of delegated legislation (in UK parlance) or regulatory law (in US parlance)). Case law , in common-law jurisdictions, is the set of decisions of adjudicatory tribunals or other rulings that can be cited as precedent. In most countries, including most European countries, the term is applied to any set of rulings on law, which is guided by previous rulings, for example, previous decisions of

7008-559: The gap between what is and what's possible. It is a trans-disciplinary profession that harnesses creativity to resolve problems and co-create solutions with the intent of making a product, system, service, experience or a business, better. At its heart, Industrial Design provides a more optimistic way of looking at the future by reframing problems as opportunities. It links innovation, technology, research, business and customers to provide new value and competitive advantage across economic, social and environmental spheres. Industrial Designers place

7104-441: The hierarchy. A district court, for example, could not rely on a Supreme Court dissent as a basis to depart from the reasoning of the majority opinion. However, lower courts occasionally cite dissents, either for a limiting principle on the majority, or for propositions that are not stated in the majority opinion and not inconsistent with that majority, or to explain a disagreement with the majority and to urge reform (while following

7200-484: The human in the centre of the process. They acquire a deep understanding of user needs through empathy and apply a pragmatic, user centric problem solving process to design products, systems, services and experiences. They are strategic stakeholders in the innovation process and are uniquely positioned to bridge varied professional disciplines and business interests. They value the economic, social and environmental impact of their work and their contribution towards co-creating

7296-454: The industrial designers and/or other team members. Industrial designers often utilize 3D software, computer-aided industrial design and CAD programs to move from concept to production. They may also build a prototype or scaled down sketch models through a 3D printing process or using other materials such as paper, balsa wood, various foams, or clay for modeling. They may then use industrial CT scanning to test for interior defects and generate

7392-633: The influential effect of a cited decision. The term "super-precedent" later became associated with different issue: the difficulty of overturning a decision. In 1992, Rutgers professor Earl Maltz criticized the Supreme Court's decision in Planned Parenthood v. Casey for endorsing the idea that if one side can take control of the Court on an issue of major national importance (as in Roe v. Wade ), that side can protect its position from being reversed "by

7488-535: The law declared by courts of superior jurisdiction. It is not their function to attempt to overrule decisions of a higher court. The doctrine stating that a judge is bound by (or at least should respect) previous decisions by the same court is called horizontal stare decisis . For example, in the United States federal court system , the intermediate appellate courts are divided into thirteen "circuits", each covering some range of territory ranging in size from

7584-531: The law. Common law legal systems often view precedent as binding or persuasive, while civil law systems do not. Common-law systems aim for similar facts to yield similar and predictable outcomes, and observing precedent when making decisions is the mechanism to achieve that goal. Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in

7680-453: The legal system. For example, an appellate court for one district could consider a ruling issued by an appeals court in another district. Courts may consider obiter dicta in the opinions of higher courts. The Dicta of a higher court, though not binding, will often be persuasive to lower courts. The phrase obiter dicta is usually translated as "other things said", but due to the high number of judges and individual concurring opinions, it

7776-436: The majority in the outcome). Courts may consider the writings of eminent legal scholars in treatises, restatements of the law, and law reviews. The extent to which judges find these types of writings persuasive will vary widely with elements such as the reputation of the author and the relevance of the argument. In the United States, every state attorney general is permitted to issue advisory opinions on questions of law. It

7872-416: The majority opinion is considered precedential, an outvoted judge can still publish a dissenting opinion. Common patterns for dissenting opinions include: A judge in a subsequent case, particularly in a different jurisdiction, could find the dissenting judge's reasoning persuasive. In the jurisdiction of the original decision, however, a judge should only overturn the holding of a court lower or equivalent in

7968-484: The mechanical and other functional aspects of the product, assuring functionality and manufacturability, and with marketers to identify and fulfill customer needs and expectations. Industrial design (ID) is the professional service of creating and developing concepts and specifications that optimize the function, value and appearance of products and systems for the mutual benefit of both user and manufacturer. Industrial Designers Society of America , Design, itself,

8064-402: The parties before them pertaining to the same pattern of facts or events, unless they have a strong reason to change these rulings. In law , a binding precedent (also known as a mandatory precedent or binding authority) is a precedent which must be followed by all lower courts under common law legal systems . In English law it is usually created by the decision of a higher court, such as

8160-403: The point of its creation, according to their own manual skill, the requirements of their clients, experience accumulated through their own experimentation, and knowledge passed on to them through training or apprenticeship . The division of labour that underlies the practice of industrial design did have precedents in the pre-industrial era. The growth of trade in the medieval period led to

8256-579: The product remained in the hands of the individual craftsman, and tended to decline as the scale of production increased. The emergence of industrial design is specifically linked to the growth of industrialization and mechanization that began with the Industrial Revolution in Great Britain in the mid 18th century. The rise of industrial manufacture changed the way objects were made, urbanization changed patterns of consumption ,

8352-455: The recollection of our readers. His report on this subject was ordered to be printed some few months since, on the motion of Mr. Hume; and it is the sum and substance of this Report that we are now about to lay before our own especial portion of the reading public. The school of St. Peter, at Lyons, was founded about 1750, for the instruction of draftsmen employed in preparing patterns for the silk manufacture. It has been much more successful than

8448-429: The ruling (or the law itself is changed), the binding precedent is authoritative on the meaning of the law. Lower courts are bound by the precedent set by higher courts within their region. Thus, a federal district court that falls within the geographic boundaries of the Third Circuit Court of Appeals (the mid-level appeals court that hears appeals from district court decisions from Delaware, New Jersey, Pennsylvania, and

8544-408: The seven-judge majorities may differ issue-to-issue. All may be cited as persuasive (though of course opinions that concur in the majority result are more persuasive than dissents). Quite apart from the rules of precedent, the weight actually given to any reported opinion may depend on the reputation of both the court and the judges with respect to the specific issue. For example, in the United States,

8640-400: The significant facts of the precedent case are also presented in the pending case, and (4) no additional facts appear in the pending case that might be treated as significant. In extraordinary circumstances a higher court may overturn or overrule mandatory precedent, but will often attempt to distinguish the precedent before overturning it, thereby limiting the scope of the precedent. Under

8736-495: The so-called functionalist school. Except for certain functional areas of overlap between industrial design and engineering design, the former is considered an applied art while the latter is an applied science. Educational programs in the U.S. for engineering require accreditation by the Accreditation Board for Engineering and Technology (ABET) in contrast to programs for industrial design which are accredited by

8832-476: The territory of a regional appeals court. All appellate courts fall under a highest court (sometimes but not always called a "supreme court"). By definition, decisions of lower courts are not binding on courts higher in the system, nor are appeals court decisions binding on local courts that fall under a different appeals court. Further, courts must follow their own proclamations of law made earlier on other cases, and honor rulings made by other courts in disputes among

8928-517: The way the product is presented to the consumer at the point of sale . The inclusion of industrial designers in a product development process may lead to added value by improving usability , lowering production costs, and developing more appealing products. Industrial design may also focus on technical concepts, products, and processes. In addition to aesthetics , usability, and ergonomics , it can also encompass engineering, usefulness, market placement, and other concerns—such as psychology, desire, and

9024-555: Was also known to the general public for his unconventional approach to industrial design. He had expanded in numerous areas ranging from mundane household items, instruments and furniture to trucks, uniforms and entire rooms. A grand piano created by Colani, the Pegasus , is manufactured and sold by the Schimmel piano company. Many of Apple 's recent products were designed by Sir Jonathan Ive . Precedents Precedent

9120-458: Was printed in 1853. The subtitle of the (translated) work explains, that it wants to offer a "complete course of mechanical, engineering, and architectural drawing." The study of those types of technical drawing, according to Armengaud, belongs to the field of industrial design. This work paved the way for a big expansion in the field of drawing education in France, the United Kingdom, and the United States. Robert Lepper helped to establish one of

9216-538: Was repeated in the court porcelain factories of the early 18th century, such as the Meissen porcelain workshops established in 1709 by the Grand Duke of Saxony , where patterns from a range of sources, including court goldsmiths, sculptors, and engravers, were used as models for the vessels and figurines for which it became famous. As long as reproduction remained craft-based, however, the form and artistic quality of

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