Justice Gray held that no sovereign is bound to execute foreign judgments‚ but the general comity‚ utility‚ and convenience of nations “established a usage among most civilized states‚ by which the final judgments of foreign courts of competent jurisdiction are reciprocally carried into execution‚ under certain regulations and restrictions‚ which differ in different countries.” In that decision‚ Justice Gray also provided the foundation for all subsequent common law and statutory formulas for the
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1. In this dispute‚ which country’s law would apply‚ that of the United States or of Germany? When international commercial disputes must be settled under the laws of one of the countries concerned‚ jurisdiction is generally determined in one of three ways: (1) On the basis of jurisdictional clauses included in contracts (2) On the basis of where a contract was entered into (3) On the basis of where the provisions of the contract were performed. 2. If the case were tried in U.S.
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Outline CH1 I. Defining the Law‚ Morality‚ and Ethics (1-1) A. The Law and Morality （法律与道德） 1. Law consists of rules of conduct established by the government of a society to maintain harmony‚ stability‚ and justice. 2. Morals are values that govern a society’s attitude toward right and wrong and toward good and evil. B. Values and Ethics （价值与伦理） 1. Ethics involves an attempt to develop a means of determining what values ought to be. 2. Ethics involves an attempt to formulate
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governments then result into involving a neutral party‚ arbitrator‚ so as to minimize tension s and avoid biasness who is the Swiss arbitrator who after hearing both side of the case decides that he is not competent to handle the case since he had no jurisdiction (Jan.53). Still not satisfied‚ the case is taken to higher levels and the governments where another arbitrator‚ Dr Paul‚ rejects to decide on the case after knowing the case had already been decided on by a as arbitral court of Berne. He argues
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November 20‚ 2013 Canada Temperance Federation this involves the most current (at that point in time) Canada Temperance Act – In essence another challenge to the decision in Russell National Concern Test – must be found in the real subject matter of the legislation not about existence of emergency concern of nation as a whole 3 cases in common dealt with new matters – truly new – did not exist at confederation (aeronautics‚ atomic energy etc.) different from provincial areas that touched
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Chapter 3 & 4 Outline: Chapter 3: Jurisdiction Chapter 4: Alternative Dispute Resolution Chapter 3: Jurisdiction Equal Protection 14th Amendment of US Constitution Nor deny any person within its jurisdiction the equal protection of the laws 2009 Iowa Supreme Court Case Matter of equal protection under the law Check & Balances of 3 branches of government Judiciary checking legislative’s power ISSUE: State statues definition of “marriage” -limiting it to man & woman. Unconstitutional
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The commission on elections Section 1 1. There shall be a commission on elections composed of a chairman and six commissioners who shall be natural – born citizens of the Philippines and‚ at the time of their appointment‚ at least thirty- five years of age‚ holders of a college degree‚ and must not have been candidates for any elective position in the immediately preceding elections. However‚ a majority thereof‚ including the chairman‚ shall be member of the Philippine bar who have been engaged
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ADR 502 Administrative Tribunals- September 26‚ 2013 Course Work: Presentation 10-15mins Extent of Procedural Fairness for Tribunals -Tribunals deal in both rights and interests -Parties pursue rights -Interest relate to third parties effected directly by issue being heard‚ therefore may be given standing/intervener status -Supreme Court of Canada: Nicholson case expended interests (http://scc.lexum.org/decisia-scc-csc/scc-csc/scc-csc/en/item/5543/index.do) -Tribunals there to protect
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with primary jurisdiction; the respective legal domains of each are provided in the Code of Criminal Procedure. The preponderant majority of criminal law cases are initiated at a Magistrate’s Court. These cases may be initiated by any police officer‚ or public servant‚ with a written or oral complaint to the magistrate (see section on Magistrate’s Court). Murder trials and various offenses against the State originate in a High Court (see section on High Courts). Original jurisdiction over most
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in several other states‚ including South Carolina. Under federal diversity jurisdiction‚ federal courts can hear cases in which the parties are citizens of different states. Wachovia filed a petition in Federal District Court‚ seeking to compel arbitration of the dispute. After the petition was denied on the merits‚ Wachovia appealed to the Fourth Circuit Court of Appeals‚ which dismissed the case for lack of jurisdiction. Under 28 U.S.C. Section 1348‚ national banks are "deemed citizens of the States
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