Tag: OU
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Outsourcing Law
Outsourcing Law…
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Out-Of-Print Work
A work which the rightholder has decided is no longer commercially available regardless of the existence of tangible copies of the work in libraries and among the public.(Definition as in the Final Report of 3.06.2008 of the High Level Expert Group (HLEG) – Copyright Subgroup on European Digital Lib…
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Out Turn Report
A document issued by a vessel upon arrival at a given port detailing the cargo off-loaded. The report is used as evidence in cases where it is alleged that goods were not offloaded, or were discharged in bad order….
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Outline of International Arbitration
Outline of International Arbitration See Outline of International litigation Subject-matter The history of international arbitration is dealt with in the article Peace, where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of…
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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 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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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 trading of goods agreements
Outline of International trading of goods agreements Introduction I. Factors to Consider-how are international commercial transactions different from domestic ones? a. Transportation, Legal System, currency. b. Primary risk i. Seller: Possibility of not being paid after shipping. ii. Buyer: Will not want to pay unless assured that the goods have arrived, or been shipped. iii.…
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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…