Search results for: “Outline law/”
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Commercial Outlines and Briefs
Commercial Outlines and Briefs Commercial Outlines and Briefs in the United States They are addressed mostly to first-year law students. Take in account that Emanuels, Emanuels CrunchTime, Examples & Explanations, Introduction to Law Series and Casenotes Legal Briefs have the same publisher: Wolters Kluwer. Gilbert For some students, the substance of the Gilbert outline (West)…
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Outline of horizontal and vertical law
Outline of horizontal and vertical law Horizontal Law: Due Process and the Full Faith and Credit Clauses Courts are generally given a great deal of deference in deciding which law to apply in a given case… Allstate Insurance Co. v. Hague (1981) Man killed in motorcycle crash, surviving spouse sues insurer for coverage. Question of…
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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 Legal framework for international business transactions
Outline of Legal framework for international business transactions a. International Conflicts of law i. Private International Law : The use of domestic choice of law rules to resolve issues of conflicts of laws and recognition and enforcement of foreign judgments. It is a domestic law field referring to a domestic court applying domestic rules to…
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Outline of International litigation
Outline of International litigation 1. Transnational Lawyering and Litigation A. The Rules of Transnational Practice i. In re Roel (NY Court Appeals) a. Mexican lawyer maintained office in NY and advised NY public on MX divorce law. b. Held: Foreign lawyer cannot practice law in NY 1. NY Penal Law, Section 270 forbids anyone from…
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Outline of crossborder legal services
Outline of crossborder legal services International Business Transactions 1. Transnational Lawyering and Litigation A. The Rules of Transnational Practice i. In re Roel (NY Court Appeals) a. Mexican lawyer maintained office in NY and advised NY public on MX divorce law. b. Held: Foreign lawyer cannot practice law in NY 1. NY Penal Law, Section…
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Outline of UNCISG
Outline of UNCISG International transactions law a. When Does it Apply? i. Art. 1 – To contracting states OR where rules of Private International Law would lead to applying law of a contracting state. It is supplementary private law not public law. ii. NOT Comprehensive deals with sales K’s…UNIDROIT deals with all international commercial K’s…
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Outline of International banking regulations
Outline of International banking regulations General Principles – Foreign banks shall receive the same treatment in the US as do its own banks (“national treatment” ) (in contrast to the “reciprocal policy” one that says that a bank of other country will only be treated as well as the other country treats our bank) –…
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Outline of International art and cultural heritage law
Outline of International art and cultural heritage law POLICY IS VERY IMPORTANT: – What is at stake? – What is the big picture? – How will this affect the artist? The public? – What are the ramifications? I. What is Art? A. Difficult question to answer – There must be an original expression art does…
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Outline of Trust and Estates
Outline of Trust and Estates Note: this is based in United States law I. POLICY AND INTRODUCTION A. Dead Hand Control 1. Controlling consideration in determining meaning of a donative document is donor’s intention 2. Courts cannot consider wisdom, fairness, or reasonableness of donation 3. Courts can only bar donations if they are prohibited or…
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Outline of Sources of public international law
Outline of Sources of public international law Sources of public international law (International Law Frameworks-handout) 1. International level a. Primary sources: i. Treaty (focus of the class) ii. International Organizations (focus of the class) iii. Custom iv. General principals b. Secondary sources: i. Judicial decisions ii. Teachings of publicists c. Each of the above international…
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Outline of Subject Matter Jursidiction
Outline of Subject Matter Jursidiction What is Subject Matter Jursidiction? · State courts are courts of general jurisdiction, empowered to hear just about every type of civil case. That is significantly different from federal courts, which are courts of limited Subject Matter Jurisdiction (result of the Madisonian Compromise). · Very little of the business of…