Tag: Outlines

  • Party Autonomy

    Outline of Choice of forum and law In order to figure out what law will be applicable, need to know what the forum is à forum will determine what choice of law rules will be applied Basic Framework for Determining Applicable law – Determine the forum o Is there a forum […]

  • Party Autonomy

    Outline of Choice of forum and law In order to figure out what law will be applicable, need to know what the forum is à forum will determine what choice of law rules will be applied Basic Framework for Determining Applicable law – Determine the forum o Is there a forum […]

  • 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…

  • 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…

  • 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…

  • 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…

  • 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…

  • 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.…

  • 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…

  • 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…

  • 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…

  • 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) –…

  • Outline of Evidence

    Note: this entry is based in United States law I. Burdens and Presumptions a. Burden of Proof i. Burden of pleading 1. You have to plead a claim, to state a claim for which relief can be granted ii. Burden of production 1. Must introduce evidence to support your claim in your pleading iii. Burden…

  • 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…

  • Outline of International economic laws

    Outline of International economic laws I. Overview a. Intl Economic law is how each government’s regulations affect the market. Its international law that seeks to limit/govern the ways governments can regulate trade. II. WTO World Trade Organization (p.36) a. Predecessor: GATT i. After WWII, efforts to establish an “International Trade Organization” failed. GATT was supposed…