|
Transnational Litigation
International litigation, sometimes called transnational litigation, is the practice of litigation in connection with disputes among businesses or individuals residing or based in different countries. The main difference between international litigation and domestic litigation is that, in the former, certain issues are more likely to be of significance — such as personal jurisdiction, service of process, evidence from abroad, and enforcement of judgments. Jurisdiction Although there are differences among the jurisdictional statutes of many American states, they all are subject to the due process requirements imposed by the Constitution of the United States. As a result, most American lawyers who are familiar with general principles of jurisdiction in one or more states of the US are able to guide their clients through jurisdictional issues in connection with disputes among litigants from different states. The situation is different with respect to jurisdictional principle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Litigation
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Long-arm Jurisdiction
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction). This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the jurisdiction concerned. At heart, the constraints on long arm jurisdiction are concepts of international law, and the principle that one country ought not exercise state power over the territory of another unless some recognized exception applies. In municipal law, the authority of a court to exercise long-arm jurisdiction must be based upon some action of the defendant which subjects him or her to the jurisdiction of the court. United States Jurisprudence The United States Supreme Court, in '' International Shoe v. Washington'' and later on in '' World-Wide Vol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Service Convention
The Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, more commonly called the Hague Service Convention, is a multilateral treaty that was adopted in The Hague, the Netherlands, on 15 November 1965 by member states of the Hague Conference on Private International Law. It came into existence to give litigants a reliable and efficient means of serving the documents on parties living, operating or based in another country. The provisions of the convention apply to service of process in civil and commercial matters but not criminal matters. AlsoArticle 1states that the Convention shall not apply if the address of the person to be served with the document is not known. Diplomatic service via letters rogatory For states that are not party to the Hague Service Convention, diplomatic channels are generally used for the service of legal documents. It is generally effected by a letter rogatory, which is a formal request to issu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hague Evidence Convention
The Convention on the Taking of Evidence Abroad in Civil or Commercial Matters—more commonly referred to as the Hague Evidence Convention—is a multilateral treaty which was drafted under the auspices of the Hague Conference on Private International Law (HCPIL). The treaty was negotiated in 1967 and 1968 and signed in The Hague on 18 March 1970. It entered into force in 1972. It allows transmission of letters of request ( letters rogatory) from one signatory state (where the evidence is sought) to another signatory state (where the evidence is located) without recourse to consular and diplomatic channels. Inside the US, obtaining evidence under the Evidence Convention can be compared to comity. The Hague Evidence Convention was not the first convention to address the transmission of evidence from one state to another. The 1905 Civil Procedure Convention—also signed in The Hague—contained provisions dealing with the transmission of evidence. However, that earlier conventi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Full Faith And Credit Clause
Article IV, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duty that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state". According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. Judges and lawyers agree on the meaning of the clause with respect to the recognition of judgments rendered by one state in the courts of another. Barring exceptional circumstances, one state must enforce a judgment by a court in another, unless that court lacked jurisdiction, even if the enforcing court otherwise disagrees with the result. At present, it is widely agreed that this clause of the Constitution has a minimal impact on a court's choice of law decision provided that no state's sovereignty is infringed, although this clause of the Constitution was once interpret ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hilton V
Hilton or Hylton may refer to: Companies * Hilton Worldwide Holdings, Inc., a global hospitality company based in the United States that owns several hotel chains and subsidiary companies containing the Hilton name ** Hilton Hotels & Resorts, flagship hotel brand operated under Hilton Worldwide Holdings, Inc. * Conrad N. Hilton Foundation, an American non-profit charitable foundation, established in 1944 by hotel entrepreneur Conrad N. Hilton * Ladbrokes, a British-based gambling company, known as Hilton Group plc from May 1999 to February 2006 Places Australia * ''Hilton'', Chatswood, a heritage-listed house in the Sydney suburb of Chatswood * Hilton, South Australia, a suburb of Adelaide * Hilton, Western Australia, a suburb of Perth Canada * Hilton, Ontario, a township * Hilton Beach, a small village surrounded by the township in Ontario * Hilton Falls Conservation Area, located in Campbellville, Ontario Norway * Hilton, a farm near Kløfta, Ullensaker, known as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreign Corporation
Foreign corporation is a term used in the United States to describe an existing corporation (or other type of corporate entity, such as a limited liability company or LLC) that conducts business in a state or jurisdiction other than where it was originally incorporated. The term applies both to domestic corporations that are incorporated in another state and to corporations that are incorporated in a nation other than the United States (known as "alien corporations"). All states require that foreign corporations register with the state before conducting business in the state. For U.S. federal tax purposes, where " foreign corporation" means a corporation that is not created or organized in the United States. For tax purposes, the Internal Revenue Service (IRS) treats all domestic companies in the same manner for tax purposes, without regard to where they were originally formed or organized within the United States, but applies different rules to companies that are formed or org ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Interpretation
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review. For example, the United States Supreme Court has decided such topics as the legality of slavery as in the ''Dred Scott'' decision, and desegregation as in the '' Brown v Board of Education'' decision, and abortion rights as in the '' Roe v Wade'' decision. As a result, how justices interpret the constitution, and the ways in which they approach this task has a political aspect. Terms describing types of judicial interpretation can be ambiguous; for example, the term ''judicial conservatism'' can vary in meaning depending on what is trying to be "conserved". One can look at judicial int ... [...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] |
International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
