JURIST

JANUARY 17, 2025

In Kosovo, there are parallel schools, courts, and state offices, among other institutions, independently serving Kosovo Albanians and Kosovo Serbs. In 2003, the UN reported that “numerous problems arise” due to parallel institutions: In criminal law the most serious problem is the risk of double jeopardy.

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Conflict of Laws

JULY 6, 2022

International commercial courts —domestic courts, chambers, and divisions dedicated to commercial or international commercial disputes such as the Netherlands Commercial Court and the never-implemented Brussels International Business Court —are the topic of much discussion these days.

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MyCase

OCTOBER 7, 2024

For over 23 years, Gonzalez & Morales Law Offices LLC has provided legal counsel on civil law matters ranging from wills and probates to collections. Going to court now [is] great because.everything is right there in MyCase. I used to go there [to court] with literally a rolling suitcase full of paper.

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ClimateChange-ClimateLaw

FEBRUARY 27, 2025

In the 2018 case, the plaintiffs were found not to have standing because their interest in not suffering damage from climate change was not considered an individual interest to be protected (see Japanese Courts Admit the Operation of New Coal-Fired Power Plants in Kobe for more discussion).

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JURIST

OCTOBER 25, 2023

RENIAC denied the request because, as noted, Peruvian civil code only allowed the unilateral registration of the children when the identity of the father was unknown, not the identity of the mother. For that reason, Ricardo Moran came to the Constitutional Court of Peru.

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JURIST

JUNE 21, 2021

A Swiss court on Friday handed down the first conviction over Liberia’s 1989-1996 civil war, sentencing Alieu Kosiah to 20 years in jail for various crimes, including rape, ordering murders, and cruel treatment of civilians. The trial also marks Switzerland’s first war crimes trial in a civilian court.

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ClimateChange-ClimateLaw

JUNE 26, 2023

Coal-Fired power plants targeted at the case, taken by Attorney Shunsuke Sugit In March 2023, two important decisions regarding the operation of newly built coal-fired power plants were handed down by courts in Japan. However, the Court rejected the Plaintiffs’ claim, ruling that the risk of harm to individuals was uncertain and not concrete.

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ClimateChange-ClimateLaw

JUNE 1, 2022

The Supreme Court of Japan may soon weigh in on a growing field of climate litigation in Japan against coal-fired power plants. On May 6, 2022, the Citizens’ Committee on the Kobe Coal-Fired Power Plant filed an appeal to Japan’s Supreme Court in Citizens’ Committee on the Kobe Coal-Fired Power Plant v. Civil law cases.

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Conflict of Laws

FEBRUARY 10, 2022

The EU Commission’s Proposal of 1 December 2021 outlines, in its introductory Recitals: “Efficient cross-border judicial cooperation requires secure, reliable and time-efficient communication between courts and competent authorities. How will this initiative improve the way in which authorities communicate?

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JURIST

APRIL 6, 2022

In December 2019 the district court judge dismissed the claims against the McDonald’s Corporation stating that under f ederal and state anti-discrimination laws McDonald’s could not be held liable because Ries and three other women were employed by the franchise and not the corporation.

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The Crime Report

NOVEMBER 10, 2021

Based on four months of research and insights from policing officials, criminal and civil law attorneys, and community leaders, Morganelli proposed four major changes that could form part of new legislation. Second, Morganelli recommends that courts decide whether an officer’s alleged act actually violated the Constitution.

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Litigating Litigation Case Management Civil Law 121

Conflict of Laws

OCTOBER 14, 2024

For more than a century, characterisation has been discussed in the conflict of laws without reaching a consensus on a generally accepted theory. However, it is arguably the most crucial step for a court when determining its international jurisdiction and the applicable law.

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JURIST

NOVEMBER 11, 2022

Jones received a similar outcome in a Texas court in August ordering him to pay $45.2 In a separate order late Wednesday, Bellis temporarily blocked Jones from moving any personal assets out of the country at the request of the plaintiffs, who claimed that Jones was trying to hide assets in order to avoid paying court orders.

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Conflict of Laws

AUGUST 27, 2024

The book examines 15 Asian jurisdictions, representing a variety of legal systems, including civil law (China, Taiwan, Japan, South Korea, Vietnam, Cambodia, Indonesia, and Thailand), common law (Hong Kong, Singapore, Malaysia, Myanmar, and India), and mixed jurisdictions (Philippines and Sri Lanka). Springer, 2017) 601–611.)

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JURIST

SEPTEMBER 26, 2022

Judge Siofra O’Leary, the Irish judge at the European Court of Human Rights (ECHR), has been elected the President of the ECHR. Judge O’Leary will be the first female President elected since the court’s establishment 63 years ago. She files this dispatch from Dublin. Her election was announced last Monday.

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The Paralegal Resource

AUGUST 11, 2009

This paper discusses, general aspects of court-based mediation in selected regions for economically developing countries using civil law systems. It is a broad overview.

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Conflict of Laws

JUNE 16, 2024

However, as I have learned more about the procedural history preceding the decisions of the Dubai Supreme Court (“DSC”), which was not available to me when I posted my previous comment, greater emphasis will be placed on the general factual background of the case. First Appeal: DSC, Appeal No. Second Appeal: DSC, Appeal No.

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CARET Legal

APRIL 15, 2024

Case management software is reshaping how civil litigators prepare for their cases, making it a smoother, faster, and more efficient process. In civil law, preparation for a case is a task that demands precision, extensive research, and an acute understanding of legal intricacies.

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Conflict of Laws

OCTOBER 5, 2023

A book edited by Kazuaki Nishioka on Treatment of Foreign Law in Asia has just been published in the Hart Studies in Private International Law -Asia. The blurb read as follows: How do Asian courts ascertain, interpret, and apply a foreign law as the law governing the merits of the case?

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JURIST

DECEMBER 26, 2020

A coalition of human rights groups joined Wednesday WhatsApp’s lawsuit against Israeli spyware vendor NSO Group and accused the company of selling Pegasus surveillance software to government agencies to target human rights activists under the guise of terrorism laws. The groups filed an amicus brief before the U.S.

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Conflict of Laws

FEBRUARY 5, 2024

The Interpretations was adopted by the Trial Committee of the Supreme People’s Court at its 1908th meeting on December 5, 2023, which will come into force on January 1, 2024. Opening up to the outside world to push forward one step, foreign-related rule of law construction should follow one step”.

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Conflict of Laws

JUNE 24, 2023

Like most of the civil law codifications in the region, the new law focuses mainly on the so-called “patrimonial law,” i.e., property rights and obligations (contractual and non-contractual). 1783/1/Q of 30/12/1417 Hegira [November 12, 1996] ). 1783/1/Q of 30/12/1417 Hegira [November 12, 1996] ).

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Conflict of Laws

FEBRUARY 18, 2024

To provide certainty, commercial parties often conclude ex ante agreements on the venue for dispute resolution by selecting the court(s) of a particular state. However, by their very nature, implied terms offer less clarity concerning the governing law and jurisdiction agreements.

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LexForti

JUNE 4, 2021

It would be imperative to take into cognizance the concept of jurisdiction which is a conglomeration of two terms, such as juris (meaning “law”) and diction (meaning “to speak”), which can be translated as presuming the appropriate forum that has the potential to “speak the law.”

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Conflict of Laws

DECEMBER 4, 2023

The enactment was accompanied by amendments to the Rules of Court 2021, Singapore International Commercial Court Rules 2021 and Family Justice Rules 2014. Service of Singapore process through the Convention will help ease the procedure in civil law countries, which may view service of foreign process as raising sovereignty issues.

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Conflict of Laws

MAY 18, 2023

The UK Supreme Court ruled that the cause of action in the aftermath of the 2011 Bonga offshore oil spill accrued at the moment when the oil reached the shore. On 10 May 2023, the UK Supreme Court has ruled in one of the cases in the series of legal battles started against Shell in the English courts in the aftermath of the Bonga spill.

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Conflict of Laws

JUNE 7, 2021

Published in the Oxford University Commonwealth Law Journal by Saloni Khanderia, Alexander von Humboldt Fellow (Experienced Researcher), Chair for Civil Law, International Private Law and Comparative Law, Ludwig Maximilian University, München and Professor of Law, OP Jindal Global University, Sonipat, India.

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Conflict of Laws

DECEMBER 12, 2020

By Zhengxin Huo, Professor of Law, China University of Polit’l Science and Law; Associate Member of International Academy of Comparative Law; Observer of the UNESCO 1970 Convention. Against this background, the lawsuit before the Chinese court is more important in terms of legal analysis. Email: zhengxinh@cupl.edu.cn.

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How To Become A Paralegal

APRIL 30, 2018

Introduction to Civil Procedure. This may also be called a civil law class. In this class, you’re going to learn the basics of the civil law system. You’ll learn about civil law terms as well as how the civil court runs and how both of these differ from the criminal system.

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Paralegal Studies Paralegals Paralegal Legal Research 56

Conflict of Laws

JULY 9, 2021

When confronted with international parallel proceedings due to the existence of a competent foreign court having adjudicative jurisdiction, the seized foreign court located in common law jurisdictions seems to see it as no offence to Chinese courts by granting anti-suit injunctions to restrain Chinese proceedings.

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ClimateChange-ClimateLaw

FEBRUARY 12, 2024

A civil law breakthrough came in 2021, with the ruling of a Dutch court against Shell. In Smith v Fonterra , decided by New Zealand’s Supreme Court this week, we have perhaps the biggest common law breakthrough. In this most recent ruling, the Supreme Court unanimously reversed the Court of Appeal’s decision.

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The Paralegal Resource

JANUARY 11, 2011

Search and seizure is a legal procedure used mainly in common and civil laws. The findings of the search are then seized, and used in the court of law as evidence for or against the crime committed. This takes place if suspicion of, or if an actual crime has been committed.

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Conflict of Laws

JUNE 26, 2024

Introduction In a previous post , I reported and commented on a decision rendered by the Abu Dhabi Supreme Court (hereinafter “ADSC”) in which the Court addressed the issue of the applicability of the Abu Dhabi Civil Marriage Law (Law No. 8/2022 of 1 February 2022) to foreign Muslims. In that case ( Appeal No.

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Conflict of Laws

AUGUST 29, 2024

Spanning 226 pages across six chapters, the book aims to be the leading English-language text on private international law in Indonesia. Indonesia, a civil law country, has legal principles influenced by Dutch traditional private international law, owing to its colonial history. Pereira (Supreme Court decision 376 K/Pdt.

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JURIST

AUGUST 29, 2022

The Convention creates conditions for recognizing and enforcing judgements in both civil and commercial matters. It was created in 2019 to ensure that there was a legal avenue for assessing international court rulings on matters of trade. The hope of the Convention is to ensure that this process becomes more transparent.

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Conflict of Laws

NOVEMBER 20, 2022

This, in turn, facilitates the CISG’s global jurisconsultorium: whereby courts, arbitrators, lawyers, academics, and other interested stakeholders can influence and receive influence in relation to the CISG’s uniform interpretation. Instead of asking why any given court has failed to apply and respect Art. Pursuant to Art.

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Contract Laws Civil Law Legal 52

Conflict of Laws

MARCH 21, 2022

Saada (20-1034) will take place tomorrow (Tuesday 22 March 2022) at 10 am Washington DC time before the US Supreme Court. Please note that US courts often use the terms “ameliorative measures” and “undertakings” interchangeably (as stated in the petition). The discretion of the court is thus key. Written by Mayela Celis, UNED.

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