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State (law)
A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different from neighbouring areas.[1][2] Each state in a federation such as Australia, Germany
Germany
and the United States forms a separate jurisdiction
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Jurisdiction
Jurisdiction
Jurisdiction
(from the Latin
Latin
ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law. Colloquially it is used to refer to the geographical area to which such authority applies, e.g. the court has jurisdiction over all of Colorado
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Forced Heirship
SectionsAttestation clauseResiduary clauseIncorporation by referenceContestTestamentary capacityUndue influenceInsane delusion FraudNo-contest clauseProperty dispositionLapse and anti-lapseAdemption AbatementSatisfaction of legaciesActs of independent significanceElective share Pretermitted heirWills and conflict of lawsTrustsExpress ResultingConstructiveCommon typesBare DiscretionaryAccumulation and maintenanceInterest in possessionCharitable Purpose IncentiveOther typesProtective SpendthriftLife insurance RemainderLife interestReversionary interestTestamentaryHonorary Asset-protection Special
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Lex Loci Celebrationis
Lex loci celebrationis is a Latin
Latin
term for a legal principle in English common law, roughly translated as "the law of the land (lex loci) where the marriage was celebrated". It refers to the validity of the union, independent of the laws of marriage of the countries involved: where the two individuals have legal nationality or citizenship, or where they live (reside or are domiciled)
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Choice Of Law Clause
A choice of law clause[1] or proper law clause[2] is a term of a contract in which the parties specify that any dispute arising under the contract shall be determined in accordance with the law of a particular jurisdiction.[3]Contents1 Explanation 2 References 3 Further reading 4 See alsoExplanation[edit] As business transactions and contractual obligations may cross jurisdictional borders within a nation, as well as international borders, both physically and electronically, choice of law issues may arise in the event that it is necessary to interpret the terms of a contract or in the event of litigation over a contract dispute. As laws vary between jurisdictions, it is possible that contract terms could be interpreted differently between jurisdictions, or that portions of a contract that are enforceable in one jurisdiction would not be enforceable under the laws of another
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Dépeçage
In law, dépeçage is a conflict of laws where different issues within a case may be governed by the laws of different states. In common law countries dépeçage usually means a single contract which provides that different parts of the contract shall be governed by different laws.[1] In the United States, "depecage choice of law theory" is where the court considers disagreement among states over which rule of law is applicable to each issue.[2] The concept originated in civil law countries, but has also been adopted in common law countries such as the United Kingdom
United Kingdom
and Ireland pursuant to the Rome Convention on the law applicable to contractual obligations (Article 3(1)). In practice, it is relatively rare for a contract to have more than one expressly chosen governing law
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Forum Selection Clause
A forum selection clause (sometimes called a dispute resolution clause, choice of court clause, jurisdiction clause or an arbitration clause, depending upon its form) in a contract with a conflict of laws element allows the parties to agree that any disputes relating to that contract will be resolved in a specific forum
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Status (law)
Legal status is the position held by something or someone with regard to law.[1][2][3] It is a set of rights, obligations, powers or restrictions that a person or thing has which are encompassed in or declared by legislation. Footnotes[edit]^ Inc., US Legal,. "Legal Status Law
Law
and Legal Definition USLegal, Inc". definitions.uslegal.com. Retrieved 2017-02-26.  ^ "What is STATUS? definition of STATUS (Black's Law
Law
Dictionary)". thelawdictionary.org. Retrieved 2017-02-27.  ^ "legal status - Dictionary Definition". Vocabulary.com
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Capacity (law)
The capacity of natural and juridical persons (legal persons) in general, determines whether they may make binding amendments to their rights, duties and obligations, such as getting married or merging, entering into contracts, making gifts, or writing a valid will. Capacity is an aspect of status and both are defined by a person's personal law:for natural persons, the law of domicile or lex domicilii in common law jurisdictions, and either the law of nationality or lex patriae, or of habitual residence in civil law states; for juridical persons, the law of the place of incorporation, the lex incorporationis for companies while other forms of business entity derive their capacity either from the law of the place in which they were formed or the laws of the states in which they establish a presence for trading purposes depending on the nature of the entity and the transactions entered into.When the law limits or bars a person from engaging in specified activities, any agre
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Conflict Of Contract Laws
In the conflict of laws, the validity and effect of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract.Contents1 History 2 Proper law2.1 Express selection 2.2 Implied selection 2.3 Closest and most real connection 2.4 Dépeçage3 Problems3.1 Incapacity through age 3.2 Mistake, misrepresentation, etc.4 English lawHistory[edit] Until the middle of the 19th century, the courts applied the lex loci contractus or the law of the place where the contract was made to decide whether the given contract was valid. The apparent advantage of this approach was that the rule was easy to apply with certain and predictable outcomes
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Conflict Of Tort Laws
In conflict of laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.Contents1 History 2 Explanation 3 European harmonisation provisions 4 English law4.1 General rule 4.2 Section 125 ReferencesHistory[edit] The first attempts to establish a coherent choice of law rule for tort cases involving a foreign law element varied between favouring the lex fori (i.e. the law of the court) and the lex loci delicti commissi (i.e. the law of the place where the tort was committed). The public policy of territorial sovereignty was always the principal consideration. Hence, the forum courts claimed their right to apply their laws to determine whether any lawsuit initiated in their jurisdiction allowed a remedy
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Conflict Of Marriage Laws
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions
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Conflict Of Divorce Laws
In modern society, the role of marriage and its termination through divorce have become political issues. As people live increasingly mobile lives, the conflict of laws and its choice of law rules are highly relevant to determine:the circumstances in which people may obtain divorces in states in which they have no permanent or habitual residence; and when one state will recognize and enforce a divorce granted in another stateContents1 The problems 2 The concepts 3 Relevant policies 4 Legal termination of marriage4.1 Judicial proceedings 4.2 Quasi- or extra-legal proceedings4.2.1 The talaq 4.2.2 The Get 4.2.3 Japanese divorce4.3 Maintenance5 See alsoThe problems[edit] When people's lives were mostly confined to a single state, local court orders for maintenance and child support, and for contact with, and parental responsibility for, any children of the family were administered through a relatively trouble-free system
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Hague Trust Convention
The Hague Convention on the Law Applicable to Trusts
Trusts
and on their Recognition, or Hague Trust Convention
Hague Trust Convention
is a multilateral treaty developed by the Hague Conference on Private International Law
Hague Conference on Private International Law
on the Law Applicable to Trusts. It concluded on 1 July 1985, entered into force 1 January 1992, and is as of September 2017 ratified by 14 countries. The Convention uses a harmonised definition of a trust, which are the subject of the convention and sets Conflict rules for resolving problems in the choice of the applicable law. The key provisions of the Convention are:each party recognises the existence and validity of trusts
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Lex Loci Protectionis
Lex loci protectionis (Latin: "[the] law of the place where the protection is [claimed]") is a choice of law rule applied to cases concerning the infringement of intellectual property (IP) rights, such as copyrights or patents. It stipulates that the law applied to such cases is the law of the locus protectionis, that is, the law of the country for which legal protection for the intellectual property is claimed.[1] Consequently, the law of the country where the intellectual property was created or registered is not applied. Lex loci protectionis is generally accepted as the prevailing choice of law ru
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Enforcement Of Foreign Judgments
In law, the enforcement of foreign judgments is the recognition and enforcement in one jurisdiction of judgments rendered in another ("foreign") jurisdiction
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