Questions tagged [comparative-law]

the comparison of law between one country and others.

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Was nationalisation of energy companies a breach of EU law?

Flaminio Costa v ENEL (1964) Case 6/64 was a landmark decision of the European Court of Justice which established the primacy of European Union law (then Community law) over the laws of its member ...
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80 views

Legal status of animals in Germany

How has Germany has dealt with the legal status of animals? What, if any, transition has taken place from a thing to a creature in a legal context? This question is prompted by a sentence found in ...
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Constitutional limitations on criminalizing behavior in US law?

I'm wondering about the limits put on which behaviors the legislature can criminalize in US law. I'm wondering about things like, could clearly harmless behavior (say, lifting a pack of gum with your ...
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Sulamerica three step approach

I am looking for cases where courts or tribunals have applied the three step approach (established in the Sulamerica case) to determine the law governing the arbitration agreement. I have found ...
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37 views

Equivalents to California's Ellis Act

According to Wikipedia, The Ellis Act (California Government Code Chapter 12.75)1 is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business"...
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1answer
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Where can single-asset alternatives be marketed to retail investors? [closed]

I know that in most countries/markets alternative investments can be marketed and distributed to retail investors... but only through pooled investment vehicles, i.e. funds. My question is then, ...
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2answers
44 views

What is meant by 'place of first publication'?

I am currently trying to get my head around the various Laws and Regulations, surrounding Copyright and Public Domain, when it comes to Literature. My initial question opens the discussion, where ...
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1answer
42 views

In which countries does the body of the dead become property of someone?

It's been claimed on politics SE that the body of the dead becomes the property of his family. No country was specified, but is there really a country where this happens?
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102 views

What happens if a piece of Literature falls within the Public Domain in one Territory but is Copyrighted within another Territory?

I am considering the use of some literature, for use on products on an e-commerce site. For the most part, the literature is classified as being in the public domain. Thus, free of copyright. For a ...
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2answers
146 views

Why is Sim Lim Scammer in Jail even though technically his victims agree?

https://coconuts.co/singapore/news/33-months-jail-sim-lim-square-conman-jover-chew-whos-getting-treatment-depression/ Sim Lim scammer is in jail for "scamming". That one is obvious. We sort of know ...
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1answer
1k views

Any solid research on error rate of criminal conviction system: jury vs judges?

To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly ...
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1answer
94 views

Guidelines on insulting U.S. state flags

According to the Nebraska Secretary of State's website, Insulting the flag is forbidden. This statement begs many questions, like "What constitutes an insult," "Does the law apply only to Nebraska ...
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343 views

Is there any “delik aduan” like laws in the west?

In Indonesia there are laws called "delik aduan" that define acts as crimes only if someone files a complaint. These are like civil laws in that someone has to file a complaint, but they are like ...
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4answers
387 views

Do Any Countries Have A Retribution Defense For Crime Victims?

Are there any jurisdictions where there is a defense to criminal charges of murder or rape or assault, when carried out by the victim of a serious crime by the crime victim as retribution, in ...
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2answers
136 views

How long are the documents of courts stored in the contries of the West?

Can anybody enlighten me about how long the documents of a judicial trial are stored in the court (or in archives) and are available for studying in the countries of the West, say in France, in ...
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1answer
41 views

What are some laws about limiting the number of foreigners in a country?

What are some laws about limiting the number of foreigners in a country? Which country has the strictest such laws? For example, the number of foreigners shouldn't exceed 50,000 or 1% of the number of ...
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1answer
54 views

Is it possible for Bangladesh to fully adopt British laws?

How different is British law and Bangladeshi law? What practical problems may arise if Bangladesh adopts British civil and criminal laws in entirety?
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1answer
201 views

Why don't Nordic countries have codes of private law?

I'm aware that there are some major differences between Scandinavian law systems and other European systems, e.g., the fact that Roman Law had very little influence in Scandinavian countries. But why ...
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2answers
57 views

latin expressions in jurisprudence

I'm from Austria, which is a german speaking country. In the german language, in jurisprudence, we have lots of latin terms / expressions, because latin expressions seem to be more exact. Is this ...
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104 views

Origins and legal terminology for the distinct classes of crimes such as Theft and Rape

I came across a recent news article on verdict related to the Roman Polanski Case. In which A judge has rejected a request by the woman who was raped by director Roman Polanski 40 years ago to have ...
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3answers
216 views

What happens to struck-down laws when the decision(s) that killed them are reversed?

If a law is struck-down as unconstitutional, but all the precedent used to find it unconstitutional gets reversed; what becomes of the law? Is it totally dead, needing be passed anew? Can the ...
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1answer
106 views

How would the defendants in the McLibel case have more defenses in the U.S. than in the U.K

McDonald's sued two activists in Britain for libel, and won what I would consider a "mixed" verdict in the so-called McLibel case. My understanding is that defendants in Britain have to prove ...
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Why is a case often decided by more than one instance?

Often times a case is decided by more than one instance. For example, a defendant may lodge an appeal against the judgment given by a trial judge. Where the court of appeal found in favour of the ...
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Can contracts include irrevocable terms of imprisonment for breach?

As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
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1answer
112 views

In English civil trial practice when does a barrister become involved?

In U.S. civil trial practice, the same legal professional, an attorney, or firm of legal professionals, usually handles a case from first client contact through trial and often appeals (if any) as ...
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3answers
177 views

What different legal-systems are there?

What legal systems are there in the world and are they directly related to political structure? I guess something like: You're wrong until proven right You're right until proven wrong Also what is ...
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113 views

Why huge acquisition/marketing cost is only in insurance industry?

It's from Is a high % agent commission contract clause fraud in your jurisdiction? Here is the problem. This seems to only happen in insurance industry. Basically we have this insurance product ...
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95 views

in Germany, who appoints Prosecutor

in Germany who and how appoints Prosecutors? ps. I am looking at http://iate.europa.eu/'s translations, with entry 'EN Prosecutor': EN public prosecutor DE Leitender Oberstaatsanwalt FR procureur ...
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317 views

Are the USA the only country with multiple, “competing” penal codes (Dual sovereignty doctrine)?

As a German, I was surprised to learn that in the United States, there are penal codes (and prosecution) at two levels of government, namely at the state level, and at the federal level ("federal ...
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2answers
480 views

Does US criminal law recognize objective elements that don't require mens rea?

In German law, there is a legal construct called "Tatbestandsannex" or "objektive Bedingung der Strafbarkeit". These are necessary conditions for criminal liability for which no corresponding mens rea ...
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2answers
96 views

Do any English legal terms lack clear translations into other languages?

I am looking for correct translations of English legal terms. Any language is welcome as target language, but let me ask just for French. (Maybe somebody from Canada knows very well and can help ...
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1answer
120 views

Grand Jury and criminal procedure

In the US, would you consider hearings before a Grand Jury part of the criminal procedure/process? I would say it is not, because it happens before indictment, and I assume that there is not a ...
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893 views

Are prosecutors members of the bar?

In the so-called common-law countries (or common law adversarial system, or common law jurisdictions) are prosecutors members of the (state) bar? If so, is that a requirement? If so, does that mean ...
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165 views

Are there states other than Israel where judges appoint each other?

In the state of Israel, new judges (at all levels) are appointed by a committee of 9 people, including 2 members of parliament, 2 representatives from the ministry of justice, and 2 representatives ...
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166 views

Why 'Solicitor General', and not 'Barrister General'?

In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts. However, if Solicitors ...
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724 views

Impact of loser pays vs American rule

The rationale for the American rule, as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the ...
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431 views

Are there any kinds of laws that prohibit personally harmful speech?

In response to this article from The Economist, I was wondering if there are any other countries that prohibit this type of speech? Not libel, since that relates directly to issues of the "right to a ...