Search results for: “original jurisdiction”
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Jurisdiction
Criminal Procedure: Jurisdiction Introduction to Jurisdiction For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a […]
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Mixed Jurisdictions
Mixed Jurisdictions Mixed jurisdictions and mixed legal systems, their characteristics and definition, have become a subject of very considerable interest and debate in Europe, no doubt because of the European Union, which has brought together many legal systems under a single legislature, which in turn has adopted laws and directives taking precedence over national laws.…
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Choice of Jurisdiction
Choice of Jurisdiction Introduction In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavourably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. Recently, however, motions for stay have been…
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Choice of Jurisdiction
Choice of Jurisdiction Introduction In the past, the courts of all nations have jealously guarded their jurisdictions and have looked unfavourably on clauses in contracts which called for suit elsewhere. In consequence, courts properly seized with a dispute, have usually refused motions calling for the stay of proceedings. Recently, however, motions for stay have been…
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Outline of Judicial Jurisdiction in an International Setting
Outline of Judicial Jurisdiction in an International Setting 1. The Basic Elements -arising out of domestic requirements for executing personal jurisdiction, including the minimum contacts test of International Shoe. Evolved into a three-part test: 1. relatedness (for questions of specific jurisdiction-not needed to show for general jurisdiction, such that contacts are so strong as to…
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Outline of Judicial Jurisdiction in an International Setting
Outline of Judicial Jurisdiction in an International Setting 1. The Basic Elements -arising out of domestic requirements for executing personal jurisdiction, including the minimum contacts test of International Shoe. Evolved into a three-part test: 1. relatedness (for questions of specific jurisdiction-not needed to show for general jurisdiction, such that contacts are so strong as to…
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Outline of Alienage Jurisdiction
Outline of Alienage Jurisdiction A. Alienage Jurisdiction Definition:Allows suits between U.S. plaintiff and alien defendant in federal court. Rationale: Lawsuits involving aliens and Americans were thought to carry the risk of offending foreign states-and thus had the potential of interfering with U.S. foreign relations, so Founders wanted U.S. courts to speak with one voice on…
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Dictionary of Essential Legal Terms
The Dictionary of Essential Legal Terms Details of The Dictionary of Essential Legal Terms Author: Amy Hackney Blackwell Date of publishing: 2008 Publisher: Sphinx Publishing, An imprint of Sourcebooks, Inc, Naperville, Illinois 60567-4410, United States Contents of The Dictionary of Essential Legal Terms Abandon Abatable Nuisance Abate Abatement of a Legacy Abatement of Taxes Abdicate…
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Encyclopedia of Civil Liberties in America
The Encyclopedia of Civil Liberties in America Editors: David Schultz, John Vile Includes bibliographical references and index. ISBN 0-7656-8063-7 Content of the Encyclopedia ANP ATCA Attainder, Bill of AU CIA DOJ EDPA FBI FCC Friend of the Court Gay Rights IRS Jim Crow Laws Original Intent Patents Procedural Due Process Rochin v. California (1952) Section…
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Caribbean Court of Justice
Caribbean Court of Justice (CCJ) Basic Documents • Agreement Establishing the Caribbean Court of Justice • Caribbean Court of Justice (Original Jurisdiction) Rules, 2006 • Caribbean Court of Justice (Original Jurisdiction) (Amendment) Rules, 2006 • Caribbean Court of Justice (Appellate Jurisdiction) Rules, 2005 • Caribbean Court of Justice (Appellate Jurisdiction) (Amendment) Rules, 2006 • Caribbean…
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Torture Victim Protection
Alien Tort Claims, Torture Victim Protection in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): The Alien Tort Claims Act ("ATCA"), also referred to as the Alien Tort Statute ("ATS"), was […]
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Torture Victim Protection Legislation
Alien Tort Claims Act and Torture Victim Protection Act in 2013 United States views on international law [1] in relation to Alien Tort Claims Act and Torture Victim Protection Act: The Alien Tort Claims Act (“ATCA”), also referred to as the Alien Tort Statute (“ATS”), […]
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Torture Victim Protection Legislation
Alien Tort Claims Act and Torture Victim Protection Act in 2013 United States views on international law [1] in relation to Alien Tort Claims Act and Torture Victim Protection Act: The Alien Tort Claims Act (“ATCA”), also referred to as the Alien Tort Statute (“ATS”), […]