Questions tagged [conflict-of-laws]

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Conflicting Terms after Post-Merger of Companies

Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
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202 views

When in court, how do you determine when to push the rules aside and make up your own?

I don't know any other way to ask it. I have recently been told that when you are in traffic court there are no references to federal law and to try to use federal law would be considered "pseudo ...
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2answers
118 views

How can US lawyers deal with the difference in the laws of at least 62 US jurisdictions?

US has 50 states, 12 Federal Circuits (11 is DC Circuit, 12 is the Federal Circuit Court of Appeals that has a nationwide jurisdiction over very specific issues such as patents. This totals at least ...
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55 views

Conflict of Laws: Single Jurisdiction

I have attempted to learn what I can (IANAL) from reading the article: Conflict of Laws Principles: Everything You Need to Know. The article indicates multiple (2+ jurisdictions). Conflict of laws ...
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3answers
153 views

"Penetration testing" of laws

In computer security, there is a process called pentest. People who do this are usually hired by a company to simulate cyberattack and find vulnerabilities which hackers could abuse. After they do ...
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What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?

The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable. The EPO exists independently from the EU as an ...
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1answer
702 views

Conditions that denote as true (allowed) or false (not allowed) for a written law

What is the general rule law professors teach in law school for determining whether something is allowed or not allowed, based on written law? When I read any piece of legislation, I sometimes wonder ...
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1answer
68 views

Must US public agencies accept electronic notarizations performed in other US states?

In the vast majority of the United States, notarizations are required to be performed on physical paper while physically in front of a notary. However, Virginia has authorized notaries within their ...
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3answers
3k views

Order of precedence in cases where more than one nation has an interest?

... Disclaimer first: This is a hypothetical that came up during a discussion elsewhere. No real people were harmed during the creation of this question, and any resemblance to current or past events ...
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4answers
179 views

How would you know if the court should apply foreign or local law?

I have a question about laws in general. If someone were to get arrested in the United States for charges on misappropriation of trade secrets committed in Canada, would the court apply international (...
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1answer
298 views

What happens when court orders issued by different countries contradict each other?

Two recent examples have prompted me to wonder about this: In the Equustek case a Canadian company has gained an injunction in the Canadian courts ordering Google to remove certain material worldwide....
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2answers
534 views

GDPR - Right to erasure - Conflicting laws

I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to ...
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2answers
5k views

Am I obligated to pay a mortgage if a region is annexed?

This is a hypothetical question. Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in ...
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1answer
875 views

Conflict of Interest for Private Consulting While Working at Company in Same Industry?

I have plans to branch out into private consulting in the field I am currently employed in. Several exisiting clients have approached me expressing strong interest in working with me privately, based ...
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1answer
225 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
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1answer
48 views

French school of 16th century

I would like to know if you could help me define which school influenced this decision? A couple of Brazilians living in the United States had to appeal to the High Court of Justice of Brazil to ...
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2k views

What jurisdiction do remote workers fall under?

There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote ...