Questions tagged [comparative-law]

the comparison of law between one country and others.

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4 answers
1k views

Can courts nullify/strike down rules of the legislature if they violate fundamental rights?

Can courts nullify/strike down rules of the legislature if they violate fundamental rights? In the U.S., the courts have a final say on whether a statutory provision is constitutional, and if it is ...
3 votes
1 answer
197 views

Elections under foreign occupation

The five-year term of Ukraine's current President is nearing its end and foreign allies are pressuring the country to conduct new elections -- despite the logistical nightmare of both campaigning and ...
1 vote
0 answers
93 views

Can someone promote their text-to-speech application that has public figures voices?

Let’s supposed that we have a Text-To-Speech site with public figures voices and we want to make some videos in order to promote it. Our country legislation includes presumed consent for people that ...
8 votes
2 answers
215 views

Do you owe any duty of care to law enforcement carrying out a search?

There are various circumstances where law enforcement can legally carry out a search of an individual or their property. Are there situations where the person being searched has a responsibility to ...
1 vote
0 answers
45 views

Defense of Others: Using Force Against a Third Party Who Impedes Life-Saving Measures

Can "defense of others" be invoked as a legal defense when a third party prohibits access to life-saving measures for a person? Assume person A's life is in imminent danger. Person B's life-...
68 votes
9 answers
17k views

Why is murder considered a more serious crime than attempted murder?

By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder. If intent to kill has indeed been proven, does the latter crime reward incompetence ...
0 votes
1 answer
463 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 ...
5 votes
2 answers
365 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 ...
2 votes
1 answer
197 views

Why don't US courts use numbered paragraphs?

Many, if not indeed most, jurisdictions' (eg Germany, the UK, Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights) courts make use of numbered ...
0 votes
1 answer
437 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 ...
9 votes
4 answers
12k views

Are there any legal systems where "guilty until proven innocent" is actually a thing?

Related: What different legal-systems are there? The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is ...
2 votes
2 answers
121 views

Are civil law cases precedents in common law states?

So, Louisiana is a bit of an odd-ball state in that it observes civil law (Napoleonic law). The big difference between common law and civil law is that in civil law, the judge is expected to base his ...
4 votes
2 answers
478 views

Judicial federalism outside the US

Does any other federal country use a US-like system of having both a local and federal court systems, applying different rules of procedure and enabling the equivalent of double jeopardy, i.e where ...
8 votes
4 answers
304 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 ...
3 votes
2 answers
232 views

Influence of Scots Law outside Scotland (especially in the US)

The United States legal system is largely based on Common Law, although some systems (e.g. Louisiana) have elements based on European Civil Law. However in the United Kingdom there is another ...
44 votes
16 answers
14k views

In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?

I often heard that the US are somehow exceptional in the freedom of speech that they provide to their citizens via the first amendment. However, I never saw an actual comparison with, say, European ...
3 votes
2 answers
125 views

What are the "usual" laws for taking antiquities?

It is in the news that a British geologist has been sentenced to 15 years for "intentionally taking or trying to take out of Iraq an antiquity", specifically 12 stones and shards of broken ...
2 votes
0 answers
58 views

Where is a TOS binding without affrimative acceptance? Where is it not?

When a website uses a "browser wrap" or "agreement of adhesion" approach to its Terms of Service (ToS) document, relying on language such as: Each time you access and/or use any ...
19 votes
4 answers
5k views

How willing is the US Supreme Court to declare itself wrong?

In comments on this answer User Suprcat wrote (in part) I think a big problem is that Marbury v. Madison has been applied in a way that ignores a major caveat: a court's job is to say what the law is,...
12 votes
3 answers
1k 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 ...
4 votes
3 answers
530 views

Can true statements or statements of opnion be libel or defamation in any country?

This is inspired by this thread on Writing.SE. Under US law, a true statement can never be defamatory, and neither can a statement of opinion, as opposed to a factual statement. Are there any ...
0 votes
3 answers
390 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 ...
3 votes
3 answers
517 views

Why is the US Constitution so open to interpretation compared to constitutions of European countries?

Why is the US Constitution so open to interpretation compared to constitutions of European countries? Supreme Court justices are de-facto unelected policymakers in the US, whereas in western European ...
11 votes
3 answers
3k views

What is a municipal court?

I am studying for a Master's in Legal Translation. (I am French) I need to understand what a "municipal court" is. Is it like our "Tribunal de Police" for speeding on the road, ...
10 votes
10 answers
7k views

Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?

In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both ...
12 votes
4 answers
4k views

A person owes money to the state but has changed ownership on all estates to from hers/his to that of relatives

A person owes money to the state but has changed ownership on all estates from hers or his, to that of relatives. The writ of execution can't really confiscate these estates, at least without a ...
0 votes
1 answer
72 views

Can a corporation or other entity that is not a natural person be the legal "author" of a work for copyright pourposes

Copyright term is now determined in most cases by who is the "author" of a work, even if the copyright is promptly sold or transferred to another. So-called "moral rights" (or non-...
6 votes
4 answers
655 views

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 ...
2 votes
1 answer
82 views

How large is the difference in the amount of reading needed to become familiar with the law in common vs civil law countries? [closed]

Common law relies more on previous rulings while civil law relies more on written code. Therefore, one would expect it takes more work to become familiar with the law in the former case. Please ...
20 votes
2 answers
5k views

Why does the U.S. have much higher litigation cost than other countries?

According to the institute for legal reform (https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf), liability/GDP ratio is 1.66% which ...
1 vote
1 answer
225 views

Is a pardon ("Begnadigung") under German law possible before a final court sentence?

I just read that under US law, the US president may pardon a person even before they have been sentenced, and even before they have been accused (see e.g. Ex Parte Garland, 1866). . I was curious ...
1 vote
2 answers
91 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 ...
5 votes
1 answer
2k 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 ...
0 votes
4 answers
124 views

Jurisdictions having no common point over a certain issue

Let's say there's an adult man from a western country having no extraterritorial jurisdiction and does an act in an African country that would be abhorrent and obviously illegal accordint to the laws ...
1 vote
0 answers
80 views

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 ...
10 votes
5 answers
2k views

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 ...
7 votes
5 answers
2k 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 ...
2 votes
4 answers
756 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 ...
1 vote
0 answers
95 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"...
1 vote
1 answer
29 views

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, ...
2 votes
2 answers
174 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 ...
2 votes
2 answers
162 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 ...
2 votes
1 answer
135 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?
2 votes
2 answers
296 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 ...
0 votes
1 answer
155 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 ...
1 vote
2 answers
164 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 ...
6 votes
2 answers
554 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 ...
0 votes
1 answer
66 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 ...
0 votes
1 answer
128 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?
0 votes
1 answer
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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 ...