Sentences with phrase «of other common law jurisdictions»

These differences have become more marked as the Australian courts have tended over recent years to take less cognizance of the decisions 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.

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.

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 jurisdictions.

James has also advised in relation to, and provided expert testimony for, cases in a number of other common law jurisdictions.

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.

Not exact matches

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.

As such, parties used to other developed common law jurisdictions, such England & Wales, either as their domestic regime or as leading seats of arbitration they are familiar with, will feel at home and able to comfortably navigate the AO should Hong Kong law be chosen as the applicable curial (procedural law).

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.

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.

Lost, apparently, are citations to cases from other Canadian jurisdictions that address issues of principle, and thereby lost also is the development of a Canadian common law.

Usually, jurisdictions within the same country are quite close to each other; partly due to common culture but often because of a genuine effort to «harmonise» laws across borders.

For example, works on American corporate law are classed under the number KF 1414, while works from other common law jurisdictions are classed under KF 1415, with an added jurisdictional cutter number of ZA2 for Canada, ZC2 for Great Britain, ZD2 for Australia, etc..

Some countries may recognise common law trademark rights based on the use of a mark, while other jurisdictions give priority to the first party to file a trademark application, regardless of use.

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?»

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.

As others have pointed out, the defendant stood no chance of winning in the U.S. or any common law jurisdiction.

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.»

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.

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.

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.

To offer students holding a bachelor degree recognized by the Quebec Bar a training that gives them the opportunity to be admitted to the Bars of common law provinces or other common law jurisdictions

They can also look to see what other common law jurisdictions have done (with exception... some laws do not port for any number of reasons).

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.

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.

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.

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.

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.

The claim that the existence of a but - for cause requires that there be a «substantial connection» between negligence and injury has been asserted by the courts (trial or appellate) of some of the other Canadian common law jurisdictions: Alberta, Saskatchewan, Manitoba, Ontario and Nova Scotia), although (seemingly) without equating «substantial connection» to «material contribution» or «materially contributes».

American and Canadian common law jurisdictions uphold all of these; other wealthy common law countries have gradually abandoned them since the 1970s.

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.