Nor is the High Court's view on Indigenous rights accepted
in other common law jurisdictions.
Much of the current attention given to how the Canadian legal profession is regulated is a result of moves away from lawyer self - regulation
in other common law jurisdictions.
As the courts in Canada continue to struggle with difficult issues relating to the enforcement of arbitration agreements and the enforcement of arbitral awards, it is worth looking at how courts
in other common law jurisdictions see the relationship between the courts and arbitration.
As Nigeria is a common law jurisdiction, the views
in other common law jurisdictions are relevant.
... as the law has developed it would not be appropriate to deny to plaintiffs in this province a common law remedy available to plaintiffs in other provinces and
in other common law jurisdictions.
In this latter case, the Court considered the operation of such principles
in other common law jurisdictions and held that it was open to it to apply whatever forum non conveniens principles it considered to be most suitable.
However, while under English law voluntary disclosure to a regulator may not entail a general waiver of privilege, this may be inconsistent with the position
in other common law jurisdictions.
Not exact matches
In other jurisdictions, common law negligence applies, so advisors in other states may still be required to report suspicious financial activity they witness among their older client
In other jurisdictions,
common law negligence applies, so advisors
in other states may still be required to report suspicious financial activity they witness among their older client
in other states may still be required to report suspicious financial activity they witness among their older clients.
Variations among states
in the degree to which they define through statute or
common law the legal relationships of spouses and sperm donors to children conceived using assisted reproductive technology compound the insecurities confronting New York lesbian parents contemplating travel or potential relocation to
other jurisdictions.
Unlike the position
in most civil
law and many
other common law jurisdictions, the arbitration culture
in Australia is far from mature.
Thus, it could fairly be said that
in the context of the
common law in California and most
other jurisdictions until only a few decades ago, legal malpractice, both
in theory and practice, was almost non-existent and certainly not
in common usage
in the vocabulary of the
common law.
Unlike
other areas of
law, each member state of the EU keeps its own family
law and can decide its own terms: While the EU provides a
common set of rules for
jurisdiction, recognition and enforcement of judgments and orders, Britain has three systems of substantive
law in England, Scotland and Northern Ireland with each system operating almost independently.
Judges
in common law jurisdictions can, and do, refer to rulings
in other jurisdictions.
That is, if the case before them is the first
in their
jurisdiction, judges will refer to
other common law countries for guidance.
There are occasions, however, where legislatures «steal»
laws from
other jurisdictions,
in which case they often look to each
other for early development of
common law on those
laws.
Finally,
in exceptionally complicated areas, where the subject breakdowns for US material are inadequate (for example, non-United States constitutional materials), special tables were developed to accommodate the requirements of
other common law jurisdictions.
The executive branch
in each Canadian
jurisdiction (provinces, territories, federal) is free to enact its own copyright and licensing policy
in relation to the work product of its public servants, and so does
in a variety of ways, some more permissive than
others (see Noel Cox, «Copyright
in Statutes, Regulations, and Judicial Decisions
in Common Law Jurisdictions: Public Ownership or Commercial Enterprise?»
Generally,
in Switzerland the attorney professional secrecy is interpreted more restrictively than
in other jurisdictions,
in particular compared to attorney — client privilege
in common law jurisdictions.
As
others have pointed out, the defendant stood no chance of winning
in the U.S. or any
common law jurisdiction.
If they were worth their hire, the lawyers would probably make Mills's reminiscences too hot to handle
in most
other common law jurisdictions as well.
X can be convicted of murder
in all
jurisdiction in the United States (and probably the
other common law jurisdictions).
As of 2008, the LPO industry employs thousands of lawyers
in India (and
other parts of the world)
in order to service the needs of their
common law jurisdiction clients.
«It's increasingly
common for wealthy families to have family members and assets
in multiple
jurisdictions, so it's important to have — at the very least — an awareness of
other countries»
laws and a sensitivity to
other cultures.»
A total of forty national
jurisdictions will be explored, chosen
in order to ensure broad geographical spread and a mix of
common law, civil
law and
other legal traditions, as well as reflecting the expertise of the
law firms involved.
The District of Columbia Court of Appeals, following the lead of courts
in other «
common law»
jurisdictions, has qualified the rule to account for «reasonable» use of the uphill property.
James has also advised
in relation to, and provided expert testimony for, cases
in a number of
other common law jurisdictions.
A
common law peace bond on the
other hand is issued using the courts
common law jurisdiction and is not rooted
in any statute.
In the
other, it ruled that such a «closed procedure» was such an insult to «fundamental»
common law principles of open justice and fairness that no court, however lofty, would have the
jurisdiction to order it without statutory authority.
One
other preliminary, which may help those dipping their toes into these multi-national tort claims: it was
common ground that, if there was a claim
in tort, it would be governed by Egyptian
law (under Art. 4 (1) of an EU provision known as Rome II); but the fact another country's
law applies to a case does not mean that the UK can not try the case — if there is
jurisdiction.
I am not aware that this is ever done
in Canada or England, or
other common law jurisdictions.
And this is what I understand to be the meaning of our lawyers, when they say that these civil corporations are liable to no visitation; that is, that the
law having by immemorial usage appointed them to be visited and inspected by the king their founder,
in his majesty's court of king's bench, according to the rules of the
common law, they ought not to be visited elsewhere, or by any
other authority.53 And this is so strictly true, that though the king by his letters patent had subjected the college of physicians to the visitation of four very respectable persons, the lord chancellor, the two chief justices, and the chief baron; though the college had accepted this carter with all possible marks of acquiescence, and had acted under it for near a century; yet,
in 1753, the authority of this provision coming
in dispute, on an appeal preferred to these supposed visitors, they directed the legality of their own appointment to be argued: and, as this college was a mere civil, and not an eleemosynary foundation, they at length determined, upon several days solemn debate, that they had no
jurisdiction as visitors; and remitted the appellant (if aggrieved) to his regular remedy
in his majesty's court of king's bench.
For an example of an analogous statute
in a
common law jurisdiction, consider British Columbia's Limitation Act which states, amongst
other limitation periods, and as of 2007, and at ¶ 3 (2)-LCB- extract only -RCB-:
The readers of this blog know (and Chinese judicial reformers know clearly), the structure of the Chinese courts is quite different from those
in other jurisdictions, whether civil or
common law systems.
Just because they have it does not mean the state lawyers like employing it and many
jurisdictions see it as full on corruption
in other parts of the world, even the
Common Law jurisdictions.
Aside from the usual local requirements, such as any employment legislation, dispute resolution requirement or governing
law (for example where the services will be delivered
in both
common law and civil
law jurisdictions), there are
other issues that must be reviewed
in preparing local agreements.
A somewhat quixotic mix of
law, social policy and public administration, this approach emigrated to Canada (and
other common law jurisdictions) from its Scandinavian homeland and natural civil
law milieu
in the 1960s and 1970s.
Article 84 The courts of the Hong Kong Special Administrative Region shall adjudicate cases
in accordance with the
laws applicable
in the Region as prescribed
in Article 18 of this
Law and may refer to precedents of other common law jurisdictio
Law and may refer to precedents of
other common law jurisdictio
law jurisdictions.
So to call a tort a «délit»
in French is not accurate, because a tort
in common law is not the same as a délit
in civil
law, or a delict, for that matter (since there is good English for civil
law — as spoken
in Scotland, Louisiana and
other anglophone civil
law jurisdictions.
During the 2011 judicial calendar year, Commission reports were cited 310 times
in UK judgments, and 38 times
in the judgments of
other common law jurisdictions.
Unfortunately, the Hong Kong courts and those of
other common law jurisdictions, which have been provided with no legislative guidelines
in this respect, continue to grapple with this unresolved legal issue.
The court has a
common law jurisdiction to award interest, simple and compound, as damages on claims for non-payment of debts as well as on
other claims for breach of contract and
in tort.
Therefore, the court had a
common law jurisdiction to award interest, simple and compound, as damages on claims for non-payment of debts as well as on
other claims for breach of contract and
in tort.
Our team can assist
in a broad variety of situations
in the BVI and Cayman Islands, as well as
other common law jurisdictions in the Caribbean region.
has been licensed to practice
law in a
common law jurisdiction, and is currently
in good standing
in that
jurisdiction or has chosen not to maintain their license to practice
law in that
jurisdiction for reasons
other than any disciplinary action; and
The «Ban the Box»
laws that are popping up
in state and local
jurisdictions across the country are quite different from each
other, but they have a
common core
in seeking to boost employment among ex-offenders.