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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. Foreign judgments may be recognized based on bilateral or multilateral treaties or understandings, or unilaterally without an express international agreement. Definition of terms The "recognition" of a foreign judgment occurs when the court of one country or jurisdiction accepts a judicial decision made by the courts of another "foreign" country or jurisdiction, and issues a judgment in substantially identical terms without rehearing the substance of the original lawsuit. In English law, there is a clear distinction between recognition of foreign judgments, and enforcement of foreign judgments. Recognition means treating the claim as having been determined in favour of one of the litigating parties. This is an acknowledgment of foreign competence and of the settling of a dispute, known as res judicata. Enforcement, by cont ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction (area)
A jurisdiction is an area with a set of laws and under the control of a system of courts or government entity that is different from neighbouring areas. Each state in a federation such as Australia, Germany and the United States forms a separate jurisdiction. However, certain laws in a federal state are sometimes uniform across the constituent states and enforced by a set of federal courts; with the result that the federal state forms a single jurisdiction for that purpose. A jurisdiction may also prosecute for crimes committed outside its jurisdiction once the perpetrator returns. In some cases, a citizen of another jurisdiction outside its own, can be extradited to a jurisdiction in which the crime is illegal even if it was not committed in that jurisdiction. Unitary state are usually single jurisdictions, but the United Kingdom is a notable exception since it has three separate jurisdictions because of its three separate legal systems. Also, China has the separate juris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Person
The term United States person or US person is used in various contexts in U.S. law and regulations with different meanings. It can refer to natural persons or other entities. Data collection and intelligence The term "US person" is used in the context of data collection and intelligence by the United States, particularly with respect to the provisions of the Foreign Intelligence Surveillance Act. If information from, about, or to a US person who is not a named terrorist is captured in the course of U.S. foreign intelligence activities, there are strict rules about preserving the anonymity of such a person in any subsequent intelligence report. Only if the US person information is relevant to the report, is it included. According to the National Security Agency website, federal law and executive order define a United States person as any of the following: * a citizen of the United States; * an alien lawfully admitted for permanent residence; * an unincorporated association with ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Fori
In conflict of laws, the term (Law Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterisation (conflict), characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ', the law to be applied to each cause of action. Relevant rules include the following. ' ' (Latin for "law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brussels Regime
The Brussels Regime is a set of rules regulating which courts have jurisdiction in legal disputes of a civil or commercial nature between individuals resident in different member states of the European Union (EU) and the European Free Trade Association (EFTA). It has detailed rules assigning jurisdiction for the dispute to be heard and governs the recognition and enforcement of foreign judgments. Instruments Five legal instruments together form the Brussels Regime. All five legal instruments are broadly similar in content and application, with differences in their territory of application. They establish a general rule that individuals are to be sued in their state of domicile and then proceed to provide a list of exceptions. The instruments further provide for the recognition of judgments made in other countries. Brussels Convention (1968) Recognition and enforcement of judgments in civil and commercial cases was originally accomplished within the European Communities by the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portugal
Portugal, officially the Portuguese Republic, is a country on the Iberian Peninsula in Southwestern Europe. Featuring Cabo da Roca, the westernmost point in continental Europe, Portugal borders Spain to its north and east, with which it shares Portugal-Spain border, the longest uninterrupted border in the European Union; to the south and the west is the North Atlantic Ocean; and to the west and southwest lie the Macaronesia, Macaronesian archipelagos of the Azores and Madeira, which are the two Autonomous Regions of Portugal, autonomous regions of Portugal. Lisbon is the Capital city, capital and List of largest cities in Portugal, largest city, followed by Porto, which is the only other Metropolitan areas in Portugal, metropolitan area. The western Iberian Peninsula has been continuously inhabited since Prehistoric Iberia, prehistoric times, with the earliest signs of Human settlement, settlement dating to 5500 BC. Celts, Celtic and List of the Pre-Roman peoples of the Iberia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Netherlands. The Netherlands consists of Provinces of the Netherlands, twelve provinces; it borders Germany to the east and Belgium to the south, with a North Sea coastline to the north and west. It shares Maritime boundary, maritime borders with the United Kingdom, Germany, and Belgium. The official language is Dutch language, Dutch, with West Frisian language, West Frisian as a secondary official language in the province of Friesland. Dutch, English_language, English, and Papiamento are official in the Caribbean Netherlands, Caribbean territories. The people who are from the Netherlands is often referred to as Dutch people, Dutch Ethnicity, Ethnicity group, not to be confused by the language. ''Netherlands'' literally means "lower countries" i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kuwait
Kuwait, officially the State of Kuwait, is a country in West Asia and the geopolitical region known as the Middle East. It is situated in the northern edge of the Arabian Peninsula at the head of the Persian Gulf, bordering Iraq to Iraq–Kuwait border, the north and Saudi Arabia to Kuwait–Saudi Arabia border, the south. With a coastline of approximately , Kuwait also shares a maritime border with Iran, across the Persian Gulf. Kuwait is a city-state, most of the country's population reside in the urban area, urban agglomeration of Kuwait City, the capital and largest city. , Kuwait has a population of 4.82 million, of which 1.53 million are Kuwaiti nationality law, Kuwaiti citizens while the remaining 3.29 million are Expatriates in Kuwait, foreign nationals from over 100 countries. Kuwait has the world's third List of sovereign states by immigrant and emigrant population, largest number of foreign nationals as a percentage of the population, where its citizens make up less th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cyprus
Cyprus (), officially the Republic of Cyprus, is an island country in the eastern Mediterranean Sea. Situated in West Asia, its cultural identity and geopolitical orientation are overwhelmingly Southeast European. Cyprus is the List of islands in the Mediterranean, third largest and third most populous island in the Mediterranean, after Sicily and Sardinia. It is located southeast of Greece, south of Turkey, west of Syria and Lebanon, northwest of Israel and Palestine, and north of Egypt. Its capital and largest city is Nicosia. Cyprus hosts the British Overseas Territories, British military bases Akrotiri and Dhekelia, whilst the northeast portion of the island is ''de facto'' governed by the self-declared Northern Cyprus, Turkish Republic of Northern Cyprus, which is separated from the Republic of Cyprus by the United Nations Buffer Zone in Cyprus, United Nations Buffer Zone. Cyprus was first settled by hunter-gatherers around 13,000 years ago, with farming communities em ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albania
Albania ( ; or ), officially the Republic of Albania (), is a country in Southeast Europe. It is located in the Balkans, on the Adriatic Sea, Adriatic and Ionian Seas within the Mediterranean Sea, and shares land borders with Montenegro to the northwest, Kosovo to the northeast, North Macedonia to the east and Greece to the south. With an area of , it has a varied range of climatic, geological, hydrological and morphological conditions. Albania's landscapes range from rugged snow-capped mountains in the Accursed Mountains, Albanian Alps and the Korab, Central Mountain Range, Albania#Skanderbeg Mountains, Skanderbeg, Pindus and Ceraunian Mountains, to fertile lowland plains extending from the Albanian Adriatic Sea Coast, Adriatic and Albanian Ionian Sea Coast, Ionian seacoasts. Tirana is the capital and largest city in the country, followed by Durrës, Vlorë, and Shkodër. Albania was inhabited by several List of Illyrian peoples and tribes, Illyrian tribes, among them the A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
