Sentences with phrase «own civil law jurisdiction»

In Anglo - Saxon jurisdictions, cause in fact is often described as the «but for» test; in civil law jurisdictions, this is the «conditio sine qua non'test, i.e. cause as a necessary condition for a consequence.

Operating in both Common Law and Civil Law jurisdictions, they tend to be senior and extremely well - paid English - speaking commercial specialists who are mainly involved in major transactions.

Contrary to most European civil law systems, clients of solicitors and barristers in England and Wales are protected by a fundamental right to withhold confidential communications with their lawyer from the court, as an exception to onerous obligations of disclosure not seen in civil law jurisdictions.

You didn't specify which jurisdiction's law you were curious about, so in some jurisdictions (especially civil law jurisdictions, such as continental Europe), the the answer may be different.

Some sort of automated (computerized) or facilitated system (such as having financial and property issues referred to a third - party assessor as happens in some civil law jurisdictions) is, in my view, inevitable, for at least two reasons.

«I the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.

Civil law jurisdictions, for example, lack U.S. tools like citators and case digests because of the reduced role cases play in systems that do not adhere to stare decisis.

Lawyers advise and represent individuals, businesses, and the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.

And while this might work more easily where you have similar jurisdictions, like common law, we increasingly see firms coming from Europe — from civil law jurisdictions — and competing in the UK.

The answer used to be handled by common law in common law countries (it is handled by statute in civil law jurisdictions such as Quebec), but in most jurisdictions, this has been superseded by specific statutes and treaties governing the sale of goods.

The United States and 49 of the states are Common Law jurisdictions, the exception is Louisiana which is a Civil Law jurisdiction (specifically the Napoleonic subset of Civil Law) as, unlike the rest of the country, it was initially a French possession.

And while this might work more easily where you have similar jurisdictions, like common law, we increasingly see firms coming from Europe — from civil law jurisdictions — and competing in the U.K.»

By way of an explanation to the uninitiated, it can be said that a Juris Classeur encyclopedia serves much the same purpose for a legal practitioner in a civil law jurisdiction as does the Halsburys Model in common law jurisdictions.

(For those who don't know, Quebec is a civil law jurisdiction; all others are common law.)

A remarkable breadth of jurisdictions is covered in the 2nd Edition from common and civil law jurisdictions, with contributions from leading lawyers in their countries who are ideally placed to provide practical, straightforward commentary on the inner workings of their respective legal systems.»

Mr. Huber has represented clients in international arbitrations sited in both common and civil law jurisdictions under a wide variety of arbitral rules, including the LCIA, ICC, VIAC and AAA.

This is a difficult concept in civil law jurisdictions and the word neutrally» is added to show that when making his determinations he is not acting for the Employer and is meant to be «non-partisan».

Montréal - based Jaar, who is writing a book on ediscovery, points out key differences in Québec's civil law jurisdiction.

Ms. Narancio's international arbitration practice includes representation in both institutional and ad hoc arbitrations (including under the ICC, LCIA, SIAC, NAI and UNCITRAL rules) sited in both common and civil law jurisdictions, and has particular experience with issues relating to Latin American jurisdictions.

We have practised in common law and civil law jurisdictions, and worked in private practice and in - house.

In the future, this definition will be revised to make it applicable to civil law and mixed common law / civil law jurisdictions as well.

Comparing to other civil law jurisdictions, the abovementioned features should not be a problem, for the systems are similar.

A civil code is the key to accessing all types of private law for many civil law jurisdictions.

While I am coming at this question from the perspective of the common law of contract derived from English law, there are quite similar concepts that exist in most civil law jurisdictions, so this concept is pretty universal in modern contract law settings.

Whilst standard in the UK, this is wholly new for many civil law jurisdictions and it will be fascinating to see how courts cope with it.

While this is also generally true in Quebec, the impacts of the law of the land in Canada's only civil law jurisdiction are slightly greater given the Civil Code's precedence over certain contractually - negotiated terms.

Should a distinction be drawn between judiciaries in common law (where activist judges can make and change the application law) and civil law jurisdictions?

In the United Kingdom and the United States, where similar (but not identical) doctrines of legal professional privilege exist, and in civil law jurisdictions that do not recognise the concept of privilege but rely heavily on the doctrine of professional secrecy, significant pressure points arise as a company seeks to keep material privileged and confidential while also satisfying the appetite of public bodies (regulators, prosecutors and legislators) and customer or investor groups for unguarded candour.

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.

These will be drawn from both common law and civil law jurisdictions and will be able to conduct arbitrations in a number of languages including English, Spanish, Portuguese, Russian, Chinese, French, German and Italian.

While I had general knowledge of the typical challenges raised by the concept of «best efforts» at common law, I had (strangely) never looked at the issue in my own civil law jurisdiction.

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.

The leading law firms in the UK continue to recruit foreign lawyers including from civil law jurisdictions who demonstrate significant expertise in their field and can offer both multi-disciplinary and multi-jurisdictional legal advice.

As many transactions today take place across common and civil law jurisdictions, knowledge of the common law and a good command of legal English can ensure a more efficient and successful practice.

Not exact matches

Finally, in most jurisdictions, if the criminal court doesn't compel the perpetrator to make full restitution, the law generally provides that the restitution order may be automatically converted into a civil judgment.

None of the Reporting Persons nor any manager or executive officer of the Reporting Persons, has, during the past five years, (a) been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), or (b) been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting, or mandating activities subject to, Federal or State securities laws or a finding of any violation with respect to such laws.

The rebel priests would have abolished clerical fueros (special legal jurisdictions whereby canon law courts superseded civil courts), but chiefly they wanted, as native - born priests, the same rights as Spanish - born priests.

Additionally, the God - ordained civil authorities in virtually every jurisdiction mandate in some fashion that suspected child abuse be immediately reported to law enforcement.

According to the state Retirement and Social Security Law, which was last amended in 2008, in order to receive approval for a section 211 waiver from the state's three - member Civil Service commission, a jurisdiction must demonstrate «an urgent need for his or her services» because of «an unplanned, unpredictable, unexpected vacancy and sufficient time is not available to recruit a qualified individual.»

While civil partnerships were established nationwide, marriage law is a devolved matter in the United Kingdom and therefore the legislative procedure of same - sex marriage differs by jurisdiction.

«The Judiciary Committee has jurisdiction over legislation affecting not only the courts, but also estates, family law, domestic relations, civil rights, and many many other areas.

ONLINE BOOTY CALL.COM AND / OR MOBEZE could also pursue violators with claims that they have violated various criminal and / or civil laws as applied by the relevant jurisdiction.

DOT may make available to another agency or instrumentality of any government jurisdiction, including State and local governments, listings of names from any system of records in DOT for use in law enforcement activities, either civil or criminal, or to expose fraudulent claims, regardless of the stated purpose for the collection of the information in the system of records.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

It is primarily concerned with the jurisdictions in the common law, and deals with the cases of civil wrong where someone else has to suffer loss or harm which results in legal liability for the person who happens to commit a tortuous act.

Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law in the applicable jurisdiction, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law.

Unlike the position in most civil law and many other common law jurisdictions, the arbitration culture in Australia is far from mature.

Were there any real likelihood of this ensuring more payments it might be tolerable to see the criminal jurisdiction — excluded for civil proceedings since the late 19th century — brought into family law; but I doubt there will be any higher a rate of clearance of arrears than under the existing scheme.

Robert Don Gifford represents clientele in a broad range of complex civil and white collar criminal litigation, Native American law, and military law in courts of all jurisdictions.

Each section of Doing Business in Canada focuses on a critical aspect of Canadian business law, starting with an introduction to the legal structure of Canada, which explains federal and provincial jurisdictions, branches of government, and common / civil law.